Landlords and managing agents

Research has shown that because key documentation is often not retained by leaseholders, there are frequently delays in the marketing of leasehold properties.

Where documents have not been retained, it is likely that leaseholders will approach Managing Agents/Landlords to acquire them. To help ensure that the system works, we urge Managing Agents and Landlords to respond to the requests as quickly as possible. They may also charge a reasonable amount to provide the documents.

We realise that problems may crop up. Where documents are proving difficult to obtain, we'll grant an extension of four weeks for leasehold and searches documents.

In addition, the Association of Retirement Home Managers has produced a Minister-approved management code that encourages the supply of material for Home Information Packs. The Royal Institution of Chartered Surveyors has agreed to include a similar provision when it amends its management code, and it's understood that members of the Association of Residential Managing Agents will endorse, accept and comply with the Royal Institution of Chartered Surveyors code of practice when this is published.

It is mandatory to include the lease for the property in the Pack.

Other leasehold documents should be included in the Pack as they become available. Leasehold documents authorised for inclusion are:

  • Any rules or regulations relating to the management of the property
  • Statement of account for service charges
  • The most recent request for payment made by or on behalf of the landlord in relation to service charges, ground rent and building insurance and covering the 12-month period preceding the date the property was put on the market for sale
  • The name and address of the current or proposed landlord, and any managing agents appointed or proposed to be appointed by the landlord
  • Any amendments proposed to the lease, to regulations, or to rules relating to the management of the property
  • A summary of works affecting the property that are current or proposed

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