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The Home Information Pack (No. 2) Regulations 2007

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Required leasehold documents

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1.—(1) Subject to sub-paragraph (2), the documents referred to in regulation 8(h)(i) are—

(a)the lease in the form of—

(i)an official copy;

(ii)the original lease (or a copy of it in accordance with regulation 6); or

(iii)an edited information document if, despite all reasonable efforts and enquiries by the responsible person, the lease can only be obtained by him in that form;

(b)such regulations or rules as are made for the purposes of managing the property by—

(i)the current lessor or proposed lessor;

(ii)such managing agents as are appointed or proposed for appointment by the lessor to manage the property; and

(iii)such other persons as manage or are likely to manage the property,

and their predecessors (if any);

(c)statements or summaries of service charges supplied in respect of the property under section 21 of the Landlord and Tenant Act 1985(1) or otherwise, and relating to the 36 months preceding the first point of marketing; and

(d)the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property—

(i)service charges;

(ii)ground rent;

(iii)insurance against damage for the building in which the property is situated (if made separately from the request relating to service charges included under sub-paragraph (i)); and

(iv)insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if made separately from the request relating to service charges included under sub-paragraph (i)).

(2) Except for the documents specified in sub-paragraph (1)(a), the documents required by that sub-paragraph are only those which are in the seller’s possession, under his control or to which he can reasonably be expected to have access, taking into account the enquiries that it would be reasonable to make of—

(a)the lessee (unless the seller is the lessee); and

(b)the persons described in sub-paragraph (1)(b) and their predecessors (if any).

(1)

1985 c. 70. At the time these Regulations are made, section 152 of the Commonhold and Leasehold Reform Act 2002 (c. 15) which substitutes section 21 of the Landlord and Tenant Act 1985, is not yet fully in force.

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