9
THIS MATTER WILL IN THE NORMAL COURSE OF EVENTS BE HANDLED BY TRACY BENNETT. IF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE GENERAL INFORMATION SHEET 1-39 (inclusive) Albany Gate Darkes Lane Potters Bar EN6 1DN Development by W. E. Black Limited in 2017 1. DOCUMENTS The following is available on the portal (a) Draft Contract with a copy for your use (sent to you by email). (b) Draft Lease with a copy for your use. (c) Two sets of plans for use on the draft documents. (d) Office Copy Entries and filed plan relating to HD547487 (e) Office Copy Lease dated 11 th July 1989 (f) Office Copy Deed of Variation dated 7th September 2015 (g) Copy Planning Consents of 6 th September 2016 (h) Acceptance of Initial Notice from Hertsmere Borough Council dated 28 th July 2016 (i) Certified copy of Lease of Common Parts. (j) New Home Information Form (k) Summary of Insurance Cover. (l) Proposed budget. (m) Certificate of numbering naming and postcoding. (n) Copy Premier Property Services Cover Note (when available). (o) Print of the Memorandum and Articles of Association of Albany Gate PB Management Limited For a detailed commentary on each document see paragraph 4 following. 2. LOCAL LAND CHARGE SEARCHES DRAINAGE SEARCHES MORTGAGE LENDERS INCENTIVE FORMS AND PREDICTED ENERGY PERFORMANCE CERTIFICATES Local searches and enquiries should be addressed to the Land Charges Department Hertsmere Borough Council; (DX 45602 Borehamwood). Searches should refer to the postal address appearing in the heading to all our letters. It may well be as well 1

GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

Embed Size (px)

Citation preview

Page 1: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

THIS MATTER WILL IN THE NORMAL COURSE OF EVENTS BE HANDLED BY TRACY BENNETT. IF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE

GENERAL INFORMATION SHEET

1-39 (inclusive) Albany Gate Darkes Lane Potters Bar EN6 1DN

Development by W. E. Black Limited in 2017

1. DOCUMENTSThe following is available on the portal

(a) Draft Contract with a copy for your use (sent to you by email).(b) Draft Lease with a copy for your use.(c) Two sets of plans for use on the draft documents.(d) Office Copy Entries and filed plan relating to HD547487 (e) Office Copy Lease dated 11th July 1989(f) Office Copy Deed of Variation dated 7th September 2015(g) Copy Planning Consents of 6th September 2016(h) Acceptance of Initial Notice from Hertsmere Borough Council dated 28th July 2016(i) Certified copy of Lease of Common Parts.(j) New Home Information Form(k) Summary of Insurance Cover.(l) Proposed budget.(m) Certificate of numbering naming and postcoding.(n) Copy Premier Property Services Cover Note (when available).(o) Print of the Memorandum and Articles of Association of Albany Gate PB Management

Limited

For a detailed commentary on each document see paragraph 4 following.

2. LOCAL LAND CHARGE SEARCHES DRAINAGE SEARCHES MORTGAGE LENDERS INCENTIVE FORMS AND PREDICTED ENERGY PERFORMANCE CERTIFICATES

Local searches and enquiries should be addressed to the Land Charges Department Hertsmere Borough Council; (DX 45602 Borehamwood). Searches should refer to the postal address appearing in the heading to all our letters. It may well be as well to include the words “New Development on the site of Albany Gate Darkes Lane Potters Bar EN6 1DN by W. E. Black Limited”.

For those practitioners using hub providers the postcodes as above are agreed by the authorities.

The Council of Mortgage Lenders Incentive Form signed by our client is with the selling agents. We do not have them. They will send copies direct to you and to your client’s mortgagees or surveyor where applicable. The same applies to the predicted Energy Performance Certificates.

1

Page 2: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

Drainage Searches should be addressed to Thames Water Utilities Limited PO Box 3189, Slough, Berkshire, SL1 4WW (DX 151280 Slough 13).

3. LAND REGISTRY SEARCHES

The Weymouth District Land Registry approved the plans of the development in respect of all the flats and parking spaces 1-39 (inclusive) on 18th January 2017. No plan is therefore required on OS2 Searches. The Plots bear the same numbering as the postal address.

4. COMMENTARY ON THE DOCUMENTS LISTED AT 1 ABOVE

(a) The Contract

No amendments of substance over and above the obvious insertions will be agreed. The time limit for exchange referred to in the letter accompanying these documents will be strictly adhered to, and if exchange has not taken place by the due date, one half of the reservation fee will be refunded to your clients. Our clients will withhold that payment until we confirm to them that all the documents sent to you have been received back by us.

The price structure of the Estate takes into account the release of deposits to the Vendor on exchange, and the provision for the holding of such deposits as Agents will be insisted upon. Practitioners will note that the Estate is unencumbered.

Please return one copy with your clients’ full names and address inserted in the preamble and the price payable and the appropriate details inserted in clauses 1 and 2 as soon as your clients are in a position to proceed. We have signing authority from our clients, and can therefore exchange at any time. We do not supply engrossments of the contract, but will happily email the form to you so that you can provide your client with your own version providing that we are supplied with a personal email address.

Our clients are selling a completed product, and we will normally be able to give a fixed date for completion, although on the earlier sales it may be necessary to use the formula for completion on notice contained in clause 2 of the draft contract.

Paragraph 5 has deliberately been drafted in such a way as to enable you to advise your clients that they are fully protected against all requirements of all the various authorities involved in the planning and building process. A full indemnity against any breach is given. We have also drafted the clause in such a way that you will be able to comply with the requirements of the Council of Mortgage Lenders, and thus safely give a certificate under their Rule 6(2).

Practitioners frequently try to delete clause 7(b). This will in no circumstances be agreed. This is because the Builder has no control over the way in which the property is dried out during the first few months of its life. Overuse of the central heating system will cause shrinkage and cracking, and all Purchasers are referred to the Premier Guarantee manual, which will be left in the property

2

Page 3: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

on completion. As our clients are members of that organisation, they are not allowed under the terms of that membership to vary the terms of it by altering the building contract.

(b) The Lease

The forms of Lease and the Common Parts Lease were approved by the Weymouth District Land Registry on 30th January 2017. No amendments of substance will be agreed. We have been specifically asked by the Land Registry to ensure that the declaration in LR14 on page 1 of the Lease is properly completed. Please note that in the absence of instructions to the contrary in the case of joint purchasers the engrossment will provide for the purchasers to hold as joint tenants.

(c) The Plans

The Land Registry, as outlined in paragraph 3 above, has approved these. An Estate boundary plan has also been approved. The Plots bear the same numbering as the postal address.

(d) Office Copy Entries – HD547487

Generally

It is appreciated that the office copy entries may be out of date. Unfortunately it is impossible to provide more recent ones because there will be applications to register Leases of Part in the pipeline and the Lease of Common Parts in favour of the Management Company. For this reason, any request for up to date office copy entries will always be backdated by the Land Registry to a date prior to the receipt of such applications by them. Your final search may well have up to date office copies attached which will reveal those pending applications. We confirm that such applications will contain nothing adverse to a Purchaser's interest, and that all leases will be in identical form.

Specifically

Property Register

None of the entries require comment

Proprietorship Register

Entry 1 does not require comment.

The Filed Plan

This does not require any comment.

(e) The Lease dated 11th July 1989

3

Page 4: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

This is the Head Lease. You will note the right to park which is granted to our client subject to the Freeholder’s right to direct parking on such another part of the Freeholder’s carpark in the event of the Freeholder developing the same. Furthermore, the Tenant is obligated to pay a fair share to the Freeholder for the maintenance of the access road and car parking area. Any such liability will be taken care of in the service charges

(f) The Deed of Variation dated 7th September 2015

This Deed extends the Term of the Head Lease and grants consent to the subletting.

(g) Copy Planning Consent dated 6th September from Hertsmere Borough Council

This is the major consent to the development. It is quite possible that your searches will reveal other entries, but they will be irrelevant or relate to conditions approvals, and no copies will be supplied. In so far as approvals of conditions not yet received there is a perfectly adequate indemnity in Clause 5 of the Contract. Some conditions such as those relating to planting and landscaping cannot in any event be satisfied until the weather conditions are favourable, and this may well be long after the block of flats has been built.

(h) Acceptance of Initial Notice from Hertsmere Borough Council dated 28th July 2016

In the draft contract the builders warrant that all appropriate inspections have been or will be made and all conditions of Premier Guarantee Property Services have been or will be complied with. A copy of the Premier Guarantee Cover Note will be issued as soon as we receive it from our clients.

(i) Certified Copy Lease of Common Parts

As stated this document has been approved by the Land Registry on 30th January 2017. It is in a form which we have always found workable and the title created by has been or will be registered with Absolute Leasehold Title.

(j) New Home Information Form

This is self-explanatory.

In the production of this document, we have, in conjunction with our clients, who have seen and approved it, done our best to cover all points, which would be addressed by a conscientious practitioner. We will not deal with any other forms of preliminary enquiries nor with customised “in house” forms, and they will be returned unanswered. Nevertheless, we do not aspire to absolute perfection, and will readily deal with any points which you feel have been inadequately covered, raised preferably in the form of a letter or email with an editable Word attachment.

(k) Summary of Block Insurance

4

Page 5: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

The period of insurance will be from the date of completion of the first sale. The Insurers are Towergate Insurance. In the meantime the block will be held covered on the freeholder's comprehensive Builders Insurance policy.

(l) Proposed Budget

This is self-explanatory.

(m) Certificate of numbering naming and postcoding

This is self-explanatory.

(n) Premier Property Guarantee Cover NoteThis will be enclosed in those cases where the property is ready for occupation, and completion in those cases must take place within seven working days of exchange. If not enclosed then the alternative arrangements for completion on notice in clause 2 of the draft agreement will apply.

(o) Memorandum and Articles of Association

The Memorandum and Articles of Association are in a standard form which we have always found perfectly workable. For further information about the officers and hand over procedures see paragraph 7 dealing with the management of the block.

5. REQUISITIONS ON TITLEAll the information normally requested in standard forms of Requisitions can be found within the contents of this Information Sheet. We will not therefore reply to any such forms submitted. We confirm that neither we nor our clients know of anything which would alter the statements made in this Information Sheet, or the replies to standard Preliminary Enquiries provided.

6. COMPLETION

Completion must take place by telegraphic transfer of the completion moneys to our bank, Barclays Bank PLC (20-37-16) Station Road Harrow, for the credit of our clients' account numbered 00607932. Keys will not be released, nor will completion take place until the money is actually in our bank. Interest at the contractual rate will always be charged in respect of late completions, and we remind practitioners that the contractual time for completion is 1.30 p.m. on the completion date.

7. THE MANAGEMENT COMPANYThe current directors of the Company are Mr Graham Sharpe and Mr R W J Hornby of Lynch Hall & Hornby. The Secretary is Mr. Sharpe. Their only involvement will be to arrange the sealing of the Leases by the Management Company, the allotment of shares and the collection of the initial contribution referred to in the contract. The day to day management of the company will be in the hands of S R Wood & Sons (Property Management Limited of 70-78 Collingdon Street, Luton LU1 1RX, specialists in property management (Telephone number 01582 401221). Rupert Nixon of that organisation will handle the day-to day management of this block. Upon completion of the last sale it is intended that the first Annual General Meeting will be called at which Mr Nixon or a colleague will be present. The shareholders will then decide whether that arrangement will continue or

5

Page 6: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

whether the day-to-day management of the block is passed to the Management Company through its members. Control of the Management Company will, of course, remain with its shareholders. Nominees for the appropriate offices will be sought at the first Annual General Meeting. The future funding of the Company and the level of expenditure will thereafter be under the control of the shareholders. A suggested budget accompanies these papers. The payment provided for in the contract is merely a funding payment not attributable to any particular period, and merely asked for to cover the cost of company formation and to provide a working balance. The funds are held in an interest bearing deposit account controlled by the current directors and are not held by the Builder.

8. SHARES IN THE MANAGEMENT COMPANYOn completion of the sale one £1 ordinary share in the Management Company will be allocated to individual purchasers without the necessity for formal application.

9. POSTAL ADDRESSThese are agreed by the authorities and will appear in the heading to all our letters. They are all reproduced on the plans supplied. The Plots bear the same numbering as the postal address.

10. SERVICE SUPPLIES

Attention is drawn to the fact that, although all relevant services will be connected and fully operational at actual completion, following de-regulation purchasers have a choice of service provider for electricity and no longer have to use the services of the ones provided by the builder.

11. PARKING SPACES

Please refer to the draft Lease and the rights granted in this respect. There is more than adequate parking available, but specific areas will not be demised

12. FINAL CHECKS ON THE PROPERTY

Please warn your clients, that for security reasons, our clients only install the kitchen and bathroom fittings shortly before completion, and attend to final cleaning immediately this has been done. A final check is also carried out at the same time. If there are any remedial points, (as to which see the following paragraph), which the Purchasers wish to bring to the attention of our clients, then it is best done prior to that day. Any such lists should be sent direct to our clients at Hawridge Place Hawridge Common Chesham HP5 2ZD, and not sent to us.

13. REMEDIAL LISTS

We are not prepared to be involved in any correspondence on items requiring remediation.

As is provided by the draft contract our client is building a finished product, and, in all but the earliest sales, the fixed date completion arrangements so provide. They also contract, (clause 5),

6

Page 7: GEN19 - Lynch Hall & Hornby, Web viewIF SHE IS NOT AVAILABLE THEN PLEASE ASK FOR SIMON GLICK OR KARIN KEEBLE. ... raised preferably in the form of a letter or email with an editable

to build the property to the specifications and standards laid down in their terms of engagement with Premier Property Services.. Our clients will make an appointment to meet your clients shortly before completion to carry out a home inspection tour and handover, run through health and safety and related matters and prepare a remedial list of those items which are considered to be outside such standards. Our clients are bound by the terms of their engagement not to go outside the specification and standards otherwise the Premier Property Guarantee will be invalidated. After completion any such items must be confirmed in writing to the builder.

14. FLOOR COVERINGSPremier Property Services have specifically asked us to point out the following:

(a) If the Purchasers install their own choice of Ceramic floor tiles then any subsequent cracking due to normal. shrinkage and subsequent repair and/or replacement is their responsibility and not that of the Builders or Premier Guarantee. Similarly if wood block flooring is installed, then sub-floors which are screeded by hand and comply with Building and Premier Property Services Regulations may not necessarily comply with the requirements of the wood flooring manufacturers. Purchasers should check whether the floor requires a smoothing compound as part of the installation procedure. If so then this will be their responsibility not that of the Builders or Premier Property Services.

(b) In the case of wood or wood/laminate flooring laid by the Purchasers in flats, this should be of the floating floor type with a suitable sound deadening insulating material installed to the screed to avoid sound transference between floors.

SIGNED………………………………………………………………………….LYNCH HALL & HORNBY23 PETERBOROUGH ROADHARROW HA1 2BDDX 4210 Harrow Solicitors to W E Black Limited

7