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FREEHOLD MANAGEMENT ENQUIRIES FME1 (London School of Business & Finance)

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FREEHOLD MANAGEMENT ENQUIRIES FME1
Property: Post Code:
Seller:
UPRN:
(if known)
These enquiries are asked on behalf of buyers. The Seller should only respond to these enquiries if they
are the Rentcharge Owner, Management Company or the Managing Agent or are the appointed
representative for any of them. It is assumed the legal representatives of the parties have read the
relevant Transfer.
TERM DEFINITION
Service Charge The amount payable either as the result of the operation of
enfranchisement through the Leasehold Reform Act 1967 or the
Leasehold Reform Housing and Urban Development Act 1993 or by the
terms of the Transfer and as is permitted under the Rentcharges Act
1977 which can be summarised as being either (a) a nominal fixed
amount required to make the covenants by the Transferee (and their
successors in title) in the Transfer enforceable by the Rentcharge Owner
or (b) the amount payable by an Owner as a contribution to the costs of
services, repairs, maintenance, insurance, improvements or costs of
management etc. as set out in the Transfer. This is sometimes known as
a variable rentcharge or service charge.
Estimated Service The amount calculated by the Management Company or Rentcharge
charge Owner under the terms of the Transfer as representing a payment on
account of the Service charge for the current financial year where the
actual Service charge will not be known until publication of the relevant
year end Service charge or rentcharge accounts.
Leasehold Owners The owners of long residential or commercial leases with rights to use the
Managed Areas.
Managed Area The communal areas or facilities managed by or on behalf of the
Rentcharge Owner and/or Management Company under the terms of the
Transfer. Managed Areas are sometimes also called common parts.
Management Company A management company referred to in the Transfer, a Right to Manage
Company or Residents Management Company, authorised to provide
services and administer the terms of the Transfer either directly or through
Managing Agents.
Managing Agent A person or organisation which acts on behalf of the Management
Company or Rentcharge Owner [within their terms of reference, subject
to any legal restrictions].
Property The property known by the above address, including any land and
outbuildings owned by the Seller.
Owners The owners of properties entitled to use the Managed Area.
Rentcharge Owner The person to whom the Service charge is payable under the terms of the
Transfer and who may be required to provide services and administer the
terms of the Transfer either directly or through a Managing Agent.
Laserform International 10/21 Second Edition 2021Page 1
Reserve Fund A fund collected from the Owners which allows the build-up of monies to
pay for repairs and the replacement of major items (such as electric
entrance gates) or to equalise cyclical expenditure (such as external
decoration), avoiding excessive peaks in the Service charge. Reference to
Reserve Fund includes any sinking fund or replacement fund.
Transfer The deed under which the covenants and restrictions were created for the
management and operation of Managed Areas and any Management
Company required by the Transfer, in the case of subsequent ownership,
the Deed of Covenant binding the Owner as if they were party to the
Transfer.
Page 2 Second Edition 2021
Please complete the information requested. It is important that the incoming Owner is fully aware of their
obligations so the information given must be as accurate as possible. If there is insufficient space, continue on a
separate sheet.
Complete the details for the relevant parties or
cross through if not applicable. If there are more
SECTION 1: CONTACT DETAILS
parties involved, provide details on a separate
sheet. If applicable, state the redress scheme to
which you belong.
1.1 Rentcharge Owner 1.2 Management Company
Name Name
Address Address
Telephone Telephone
Email Email
Redress Redress
Scheme Scheme
Please provide your bank details if you accept Please provide your bank details if you accept
payments electronically and confirm the nature of payments electronically and confirm the nature of
payments e.g. Service Charge/ Rentcharge/ payments e.g. Service Charge/ Rentcharge/
Administration Fees/All Administration Fees/All
Sort Code: Sort Code:
Account Account
Name: Name:
Account Account
Number: Number:
Reference Reference
to quote: to quote:
Fee Type: Fee Type:
1.3 Managing Agent 1.4 Legal Representative of one of the
above
Name Name
Address Address
Telephone Telephone
Email Email
Redress Appointed
Management Company
Scheme by:
Rentcharge Other
Owner
Page 3 Second Edition 2021
Please provide your bank details if you accept Please provide your bank details if you accept
payments electronically and confirm the nature of payments electronically and confirm the nature of
payments e.g. Service Charge/ Rentcharge/ payments e.g. Service Charge/ Rentcharge/
Administration Fees/All Administration Fees/All
Sort Code: Sort Code:
Account Account
Name: Name:
Account Account
Number: Number:
Reference Reference
to quote: to quote:
Fee Type: Fee Type:
Notice
via email
1.5 Who accepts service of the Notice of Transfer & Rentcharge Owner £
Charge?
Management £
Tick the box beside each party and state the total
Company
fee including VAT for notice of transfer and charge.
Managing Agent £
Tick "Notice via email" column to confirm whether
you will accept notice via email.
Legal £
Representative
Other £
If other, provide contact details for service:
Name
Address
Telephone
Email
Capacity (e.g. Management
Company's lawyer)
1.5.1 Are details other than the incoming owner's name, Yes No
address and lender name required?
If Yes, please detail required additional information
to be included with the notice of disposition
1.6 Who collects, or will collect, the Service charge?
Management CompanyRentcharge Owner Managing Agent N/A
1.7 Who deals with, or will deal with, the day to day maintenance of the Managed Area?
Rentcharge Owner Management Company Managing Agent N/A
1.8 Who organises and administers the insurance for the Managed Areas?
Rentcharge Owner Management Company Managing Agent N/A
Page 4 Second Edition 2021
SECTION 2: TRANSFER & REGISTRATION
2.1 Is a Deed of Covenant required? Yes No Not Known
2.1.1 If Yes, confirm the costs applicable to the Deed £
including VAT
2.1.2 Provide details of the person who deals with the
Deed of Covenant
2.2 Are you aware of consent having been given to any Yes No N/A
alterations or additions to the Property?
2.2.1 If Yes, provide details and copies of any consent:
2.3 Is the incoming Owner required to take a share in, or Yes No
become a member of, the Management Company?
2.3.1 If Yes, provide details of the procedure and fees:
2.4 What is the procedure and cost for obtaining a
certificate in accordance with a restriction in the
Proprietorship Register at the Land Registry, if
applicable?
SECTION 3: SERVICE CHARGE
3.1 What is the annual Service charge payable by this £
Property? NB This should include any sums payable
for the maintenance of the managed area
If there is also a ‘fixed’ Rentcharge, please
confirm the amount and explain why.
3.2 Is the Service charge paid up-to-date? Yes No
3.2.1 If No, supply details of the arrears:
3.3 What period is covered by the last demand? From: / / To: / /
3.4 How many properties contribute toward the
Residential Freehold:
maintenance of the Managed Area?
Residential Leasehold:
(Stipulate the number of each applicable type
of property)
Commercial:
3.4.1 Do all properties in the Managed Area contribute Yes No
to the Service Charge?
3.4.1.1 If No, provide details as to why not
Page 5 Second Edition 2021
3.5 Is any excess payment anticipated from the Yes No
Property at the end of the financial year?
3.5.1 If Yes, provide details:
3.6 In the last 12 months, has any inability to collect Yes No
payments, from any party, affected (or is it likely to
affect), the maintenance of the Managed Area?
3.6.1 If Yes, provide details:
3.7 Does a Reserve Fund apply to the Managed Area? Yes No (If No skip to 3.8)
3.7.1 If Yes, confirm the amount collected held in the Reserve
Fund
(a) from Owners of the Property £
(b) for the entirety of the Managed Areas £
3.7.2 Is the amount expected to be sufficient to cover the Yes No
known expenditure?
3.7.3 If No, supply details:
3.8 If parts of the Managed Areas require regular Internally / / or N/A
decoration confirm the date when the Managed
Externally / / or N/A
Areas were last decorated, internally and externally.
3.9 Within the next 2 years, are any works proposed completed but unpaid
to the Managed Areas anticipated to require an
due
additional contribution greater than £250 from the
Owner?
anticipated
N/A (Skip to 3.10)
3.9.1 If so, provide details of the works and the contribution
anticipated from the Owner:
3.10 Is any increase in the Service charge over 10% or £100, Yes No
whichever is the greater, anticipated in the next 2 years?
3.10.1 If Yes, provide details:
3.11 Where you operate Service charge consultation, are Yes No N/A (Skip to 3.12)
there any outstanding Service charge consultation
procedures?
3.11.1 If Yes, provide details:
3.12 Are the Managed Areas known to be affected by Yes No
Japanese knotweed or other invasive species?
Page 6 Second Edition 2021
3.12.1 If Yes, provide details and a copy of any invasive
species management plan in place.
3.13 Are there any transfer fees, deferred charges or Yes No
similar fees, expressed as a percentage of the
Property's value payable on an event such as
resale or subletting?
3.13.1 If Yes, provide details:
SECTION 4: INSURANCE
4.1 Are the Managed Areas insured? Yes No (Skip to 5)
4.1.1 If Yes, are the insurance premium contributions Yes No
payable by the Owner paid up to date for the
Managed Areas?
4.1.1.1 If No, provide details of the arrears:
4.2 What period is covered by the last demand? From: / / To: / /
4.3 Have any claims been made against the policy during Yes No
the last 3 years?
4.3.1 If Yes, provide details:
4.4 Are any claims anticipated? Yes No Not Known
4.4.1 If Yes, provide details:
4.5 Is the insurance premium included in the Service Yes No
charge?
4.6 If No, confirm the annual amount payable for the £
Property:
4.7 Are you aware of any reason why comprehensive Yes No
insurance will not be available on standard terms
in future?
4.7.1 If Yes, provide details:
4.4 Are you aware of any non-compliance with the Yes No
insurance conditions that would render the policy
void?
4.8.1 If Yes, provide details:
Page 7 Second Edition 2021
SECTION 5: DISPUTES
5.1 Are there any documented unresolved disputes with Yes No
the Owners of any of the properties using the Managed
Area?
5.1.1 If Yes, to the extent permitted by the Data Protection
Regulations, please supply details:
5.2 Are you aware of any breach of the terms of the Yes No
Transfer of this Property?
5.2.1 If Yes, provide details:
SECTION 6: REQUIRED DOCUMENTS
Please provide the following applicable documents:-
6.1 The last 3 years published Service charge Accounts: Enclosed To follow N/A
6.2 Managed Areas insurance policy and schedule: Enclosed To follow N/A
6.3 Estimated Service charge for the current year and Enclosed To follow N/A
details of the anticipated payments on account
for the Property:
6.4 Estimated Service charge for the previous year Enclosed To follow N/A
for which accounts have not yet been prepared for
the Property:
6.5 Copies of any notices served on the Owners Enclosed To follow N/A
in respect of any proposed works or any works
which have not yet been paid for:
6.6 Any additional regulations or rules affecting the Enclosed To follow N/A
Property which are not contained in the Transfer:
6.7 Any required Deed of Covenant: Enclosed To follow N/A
Buyer’s lawyer to draft
6.8 Any Certificate of Compliance required by a Enclosed To follow N/A
Restriction on the registered title:
Buyer’s lawyer to draft
6.9 Copy of any permission to alter the Property which Enclosed To follow N/A
has been issued:
6.10 Copy of any known notices served on the Enclosed To follow N/A
Owner and documentation arising from them:
6.11 Asbestos Survey for buildings forming part of the Enclosed To follow N/A
Managed Area built or converted before 2001:
6.12 Fire Risk Assessment for communal areas in Enclosed To follow N/A
buildings forming part of the Managed Area:
6.13 Memorandum and Articles of Association of the Enclosed To follow N/A
Management Company:
Page 8 Second Edition 2021
6.14 Minutes of the last AGM for the Management Enclosed To follow N/A
Company:
6.15 Menu of fees for your administrative services Enclosed To follow N/A
By signing the form you are confirming that you are the person authorised to provide the information
which you have completed in it on behalf of those parties which you have selected from the list, and
that a buyer may rely on the information which you have supplied without applying to any other party
except where you have left a section blank because you do not have the authority to provide the
information.
Signed Dated
Please tick as applicable below, to confirm the capacity in
which the answers are given.
Print Name:
Rentcharge Owner Management Company
Company:
Managing Agent Residents' Association
Note
Additional enquiries. Raise only those specific additional enquiries required to clarify issues arising out of the
documents submitted or which are relevant to Property or the management of the Managed Areas or which the
buyer has expressly requested. Resist raising any general additional enquiries that can be established by the
buyer's own enquiries, survey or personal inspection.
Disclaimer
Whilst care has been taken in the preparation of this form, no legal liability is accepted by the organisations which
created the form. This disclaimer does not affect the legal responsibilities of the person, or organisation, completing
this form to answer to the best of their knowledge and ability. If you have any queries you should discuss these with
your conveyancer or solicitor.
Page 9 Second Edition 2021
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Completed 11 February 2022

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