This is an example of a legal pack summary for a real property. This information is for demonstration purposes only.

Summary for:

51 Fyfield Road, Rainham, Essex

Summary date:15 Sep 2020
Produced for: Demonstration purposes
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About this report

All legal pack summaries created by Aucspace are based entirely on available information provided by the vendor's solicitor or legal advisors. Aucspace do not add to or remove any of this information and are not responsible for the honesty or validity of the information. We do, however, suggest actions you may wish to take, given the information that is presented.

This summary has been prepared by a qualified solicitor. Solicitors employed by Aucspace are regulated by the Solicitors Regulation Authority. However, this information and your receipt or use of it is not intended to convey or constitute legal advice.


We break legal packs down into nine sections: Special conditions - Title (Office Copy Entries) - Tenancy documents - Searches - Protocol Forms - Transfer Document (TR1)- Management Pack - Lease - Miscellaneous. For definition of all of these sections please refer to the glossary https://www.aucspace.com/glossary available on our website.

The following sections have no current data or are not relevant to this property: - Tenancy Documents - Searches - Transfer Document (TR1)

The following sections exist for this property (click on the link to go straight to that section of the report):

Special Conditions

General

  1. The seller is Christopher James Stone, as administrator for and on behalf of the late Elizabeth Hamilton French (see Letters of Administration supplied).

  2. The seller’s solicitors are Metrolaw Solicitors Limited of 92, Goodmayes Road, Goodmayes, Essex, IG3 9UU (sumair@metrolaw.co.uk).

  3. The property being sold is leasehold with vacant possession.

  4. The contract interest rate will be 8% above the base rate of Barclays Bank.

  5. The auction contract incorporates the Common Auction Conditions (fourth edition).

  6. All items belonging to third parties are excluded from the sale. The buyer must deal with these items and the seller will not be responsible for them.

Completion date

  1. Completion will take place 28 days from the contract date.

  2. The seller is entitled to delay completion by 10 working days and the buyer cannot serve a notice to complete during this period.

Deposit

  1. The deposit payable will be 10% of the purchase price (to be paid as agent).

  2. If the seller fails to complete the deposit will be returned to the buyer. However, the buyer will not have any other claims or actions against the seller.

Delayed completion

  1. If completion is delayed and the seller serves a notice to complete, the seller’s legal costs of £300 plus VAT must be paid together with the costs of additional work.

  2. The notice to complete period has been reduced to 5 working days (where the notice has been served by the seller).

Buildings insurance

  1. The buyer must insure the property from the date of the contract. The property is at the risk of the buyer from the contract date and the seller is not obliged insure.

  2. If the property is damaged or destroyed before completion the buyer must still complete and will not be allowed to reduce the purchase price.

Disclaimers, exclusions and limitations

  1. The property is being sold subject to the matters contained in special conditions 18-21. The buyer is assumed to have full knowledge of any notices or planning or building regulations matters affecting the property together with any breach of the lease, contents of the title deeds, contents of the documents contained within the legal pack, the physical extent of the property (especially as it correlates to the registered title), bedroom sizes, the permitted use of the property and the physical condition and layout of the property. No enquiries can be raised in relation these matters.

  2. The buyer cannot raise any enquiries relating to missing keys or deeds.

  3. The buyer cannot refuse to purchase the property on the grounds that they were unable to enter the property or take a valuation before completion.

Transfer deed

  1. The buyer’s solicitors must provide an acceptable draft transfer deed to the seller’s solicitors at least 5 working days before completion. If the buyer’s solicitors have failed to do so, the buyer cannot delayed completion as a result of the seller’s solicitors not holding a signed transfer deed. Instead, the buyer will need to accept an undertaking from the seller’s solicitor to provide the signed transfer deed after completion once received from the seller.

  2. Upon completion the property can only be transferred to the name of the buyer as stated within the auction contract.

  3. The transfer deed to the buyer will include an indemnity covenant from the buyer requiring the buyer to pay for any costs or damages arising from a breach of any covenants relating to the property.

Action:

  • You should ensure that you are satisfied with the physical condition of the property together with any contents being left at the property.

  • Be sure to arrange buildings insurance from the contract date.

Title (Office Copy Entries)

Leasehold title – EGL342902

  1. The leasehold title is owned by Elizabeth Hamilton French who acquired the property in 1995 under the government’s Right to Buy scheme.

  2. The property is shown edged red on the leasehold title plan. The part tinted blue on the plan only includes the ground floor flat and shed.

Freehold title – EGL577188

  1. The registered owner of the freehold title is the London Borough of Havering.

  2. The extent of the landlord’s land is shown edged in red on the freehold title plan.

Action:

You should check the Land Registry leasehold title plan as this reflects the extent of land which you will be purchasing.

Management Pack

Updated 15.9.20

General

  1. A leasehold management pack has been supplied from the landlord the London Borough of Havering. Their contact details are included within the pack.

Service charge

  1. The service charge is payable quarterly on 1st April, 1st July, 1st October and 1st January each year.

  2. The service charge for the current year is either £297.69 or £353.78 (the statement within the pack is not clear on this as there are two different entries for the current year’s service charge). However, the separate service charge statement supplied by the seller initially appears to show that the service charge payable from 1 April 2020 is £353.78.

  3. There are currently arrears of £536.72 which the landlord will need cleared before registering any new owner of the flat. The management pack later goes on to state within the ‘arrears’ section that the arrears amount to £344.52. However, the separate service charge statement supplied by the seller initially shows arrears of £536.72 as at 10 August 2020.

Ground rent

  1. The ground rent is £10 per annum as mentioned above.

Transfer and registration

  1. The landlord’s fee for dealing with a notice of assignment is £10.

Major works

  1. There are no outstanding major works payments (the current major works balance is £0.00).

  2. Major works are anticipated to the block within the next two years and an estimate for the overall block is said to be enclosed but a copy has not been supplied.

  3. The pack suggests that the costs will be divided equally between all units within the block or estate.

  4. The management pack also refers to a section 20 notice issued in respect of windows replacement and electrical servicing. This is stated to be enclosed but a copy has not been supplied.

  5. The landlord is also considering proposals for environmental works to the estate within the borough.

Gas safety inspections

  1. A gas safety inspection must be arranged by the leaseholder annually. The last gas safety certificate expired on 3/7/2018. The landlord urgently requires an updated certificate before the sale is complete to avoid referral for legal action which will incur legal costs.

Documentation

  1. The leasehold management pack states that a copy of the fire risk assessment, service charge accounts and buildings insurance schedule are enclosed but copies have not been supplied.

Action:

  • You should request the list of pending major works (together with an estimate of their costs) from the seller’s solicitors (as this was stated to be enclosed with the management pack).

  • You should also request a copy of the section 20 notice mentioned within the management pack and obtain details of costs from the seller’s solicitors.

  • You should seek confirmation from the seller’s solicitors as to whether an up-to-date gas safety certificate has been given to the landlord and whether any legal action has been taken.

  • You should clarify the current year’s service charge payable with the seller’s solicitors. You should also clarify the amount of arrears.

  • You should seek confirmation from the seller’s solicitors that all service charge and ground rent arrears will be cleared on or before completion.

  • You should request copies of all documents which were enclosed with the management pack from the seller’s solicitors (such as service charge accounts, fire risk assessment and buildings insurance schedule).

Lease

Current parties

  1. The landlord is the London Borough of Havering.

Lease term

  1. The lease was granted on 18 December 1995 for a term of 125 years from 11 October 1982. There are therefore approximately 87 years left to run.

Ground rent

  1. The ground rent payable is £10 per annum.

Demise

  1. The property consists of the ground floor flat together with the garden and shed (if any) and is shown hatched black on the lease plan. The extent of the property is also detailed in the seventh schedule of the lease.

Service charge

  1. The service charge proportion applicable to this property will be ‘a rateable or due proportion’ (see paragraph 2(2) of the first schedule). A list of the services to be provided by the landlord in return for payment of the service charge can be found within the fourth schedule of the lease.

  2. The maintenance of the estate is based on a standard arrangement where the maintenance costs are estimated by the landlord in advance and demanded by all leaseholders as a service charge.

  3. At the end of the service charge year, the accounts are finalised. If the service charge was overestimated and there is a surplus of funds, the amount is credited to the leaseholder’s service charge account. If the service charge was underestimated and extra payment is due, this is demanded from each leaseholder.

Alterations

  1. Structural or external alterations to the property or removal of the landlord’s fixtures (such as the bathroom suite, kitchen cupboards, fitted wardrobes etc.) are not permitted (see paragraph 1(3) of the first schedule).

  2. Where there is a communal or district heating system in place, any installation, removal or alteration of the heating equipment at the flat requires the prior written consent of the landlord (see paragraph 1(3) of the first schedule).

  3. The installation of an external wireless or television aerial requires the landlord’s prior written consent (see paragraph 5 of the second schedule).

Repair and decoration

  1. The flat (including the windows and window frames) must be kept in good and tenantable repair and condition and must be decorated every seven years (see paragraph 2(1) of the first schedule).

  2. The fence or wall marked with a ‘T’ on the lease plan must be maintained.

Sales, sublettings and mortgages

  1. Notice of sale, mortgage or subletting must be served upon the landlord and a registration fee of £10 will be payable (see paragraph 1(6) of the first schedule).

Use

  1. You must use the flat as a private residence in the occupation of only family only (see paragraph 1 of the second schedule).

Other obligations

  1. You must comply with the regulations contained in the second schedule to the lease which are self-explanatory.

Landlord’s covenants

  1. The landlord’s covenants are contained within the third schedule to the lease and include the maintenance, repair and decoration of the exterior, structure and common parts of the building together with joint utilities apparatus.

  2. The landlord will also insure the building and will reinstate it in the event of damage by fire (see paragraph 2 of the third schedule).

  3. Further landlord’s covenants are set out in the third schedule to the lease and include:

  • a covenant for quiet enjoyment
  • a covenant to grant other leases in a similar form
  • a covenant to enforce other tenant’s obligations under their lease

Rights granted

  1. The rights granted for the benefit of the leaseholder are set out in the eighth schedule and include:
  • Rights of way over the passageway coloured green on the lease plan
  • Rights of way over the rear access road coloured brown on the lease plan
  • Rights of support and shelter from the rest of the building
  • Rights of passage for utilities
  • Right to enter onto other parts of the building in order to repair the flat
  • Right to use the dustbin area
  • Right to connect to a communal television aerial (if any)
  1. The landlord has reserved reciprocal rights for itself and other occupiers of the building within the ninth schedule of the lease and also has the right to develop the building in any manner together with the right to enter the flat to comply with its obligations under the lease.

Action:

  • You may wish to request a clearer coloured copy of the lease plan from the seller’s solicitors in order to identify the land coloured green and brown (which the leaseholder has rights of way over).

  • The landlord is only obliged to reinstate the building in the event of damage by fire and no other insured risk. You may wish to seek legal advice on the implications of this and availability of any indemnity insurance.

  • Review the lease plan to ensure it is are accurate. Consider any alterations which have been which would have required the prior consent of the landlord.

  • Read and review the terms of the lease in full as the section above consists of a non-exhaustive summary.

Protocol Forms

The Property Information Form, Leasehold Information Form and Fittings & Contents Form have been supplied and should be reviewed in full. The following matters should be considered:

  • The Property Information Form is silent on sections 12 and 13 relating to electricity and central heating.

  • Several sections of the Leasehold Information Form are blank.

Action:

You should review the contents of the protocol forms and take any further action necessary (including raising enquiries regarding blank sections within the forms with the seller’s solicitors for example).

Miscellaneous

The property has an Energy Efficiency rating of D.

Action:

  • You should ensure that you are happy with the physical state of the property including any contents included within the sale. You should also obtain a survey of the property.

  • You should obtain a full pack of searches (to include at least a local authority search, drainage and water search, environmental search and chancel repair liability search) from the seller’s solicitors. Alternatively you may instruct a conveyancer to obtain these at your own expense.