As a potential purchaser of a leasehold property, one of the things you must receive from the seller is the leasehold management pack. This is sent to your solicitor through the landlord or management company.
It includes necessary information such as ground rent, insurance policies and any asbestos surveys. Whilst this pack is not mandatory, most conveyancers and solicitors will strongly advise that one is provided.
Understanding these costs is also a good time to consider the long-term expenses of leasehold ownership, for example, the ongoing ground rent versus the potential cost of buying the freehold to own the property outright.
What is a Leasehold Property?
A leasehold property means you do not own the building outright. The property is yours for a fixed period of time usually starting from 99 years and can be as much as 999 years (999 year lease). This is unlike a freehold which is yours “in perpetuity” meaning forever. If the leasehold goes down to zero years, ownership reverts to the freeholder, and the leaseholder loses the right to live in or sell the property. Therefore know what happens when a leasehold expires before buying a leasehold property.
In the UK most flats fall under this agreement, whilst most houses will be freehold. Any changes to the property under a leasehold contract will need to be approved through the freeholder. Flats could have a 90 year lease which is why we created a guide on should I buy a flat with a 90 year lease so you can make the right decision.
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What is Included in a Leasehold Management Pack?
The management pack for leasehold properties covers a wide range of documentation. It provides a full breakdown of information on the property as well as the financial information associated with it.
In this section, we will discuss the key documentation included and explain why they are important.
LPE1 Form
This is one of the most important documents as it contains information regarding the freeholder, landlord and the management company. This form is prepared by either the landlord or the company responsible for managing the property. Whilst this document is not legally required, it will likely be fulfilled.
Some key information on the form includes;
- Contact information for the freeholder, landlord and anyone else responsible for the property
- Transfer and registration - registration deed, cost and license
- Shared agreements, boundaries and disagreements
- Insurance information including building
- Deed of covenant including any costs associated
Ground Rent Statement
This is the rent that is provided to the owner of the freehold. It is the cost of the land that the property sits on and not the building itself. The average cost of ground rent in the UK is £366. It does not cover any additional costs made to the leaseholder for other services. This statement will confirm exactly how much the leaseholder will have to pay upon purchasing the property.
EWS1 Form
The EWS1 (External Wall System Fire Review) form helps lenders determine whether the external wall of a property is safe. It specifically identifies the presence of any combustible materials in the wall system. While it is expected for buildings over 18 metres tall, some lenders may require it for properties taller than 11 metres. This is particularly the case if there are concerns about fire risks.
The form is valid for 5 years but may need to be updated sooner if significant changes occur. Although it is not a mandatory form, most lenders will expect it as part of the leasehold management pack.
Service Charge Statement
This statement covers any additional costs required by the freeholder. What is included in this will depend on what type of building you are leasing and the shared areas within the property.
Some common services include:
- Maintenance costs and repairs
- Cleaning of shared facilities
- On-site security
- Insurances
Major Works Plans
When buying a property you will need to know exactly the condition of the property. This includes any future work planned for both your property as well as the building itself. So this should be included in the pack.
Copy of Buildings Insurance Policy
If you are buying a flat in a property owned by a freeholder, they will typically cover the building's insurance. In buildings with multiple flats, if building insurance is covered by the leaseholders it generally split amongst them. This will either be split equally or proportionally depending on the size of the property. The terms regarding building insurance will depend on the agreement you have with the leaseholder.
Management Account History (Last 3 Years)
When buying a leasehold property it's important to know how the building has been managed. The last 3 years of annual accounts will give you a good idea of this information. It will provide information on the finances of the building, which should ease any fears over maintenance or repairs.
Asbestos Survey
For any property that was built before 2000 in the UK, an asbestos survey is likely to need carrying out. Whilst it is not legally required in residential properties unless in communal areas, homeowners expect one to be carried out.
The survey will detail
- Where the asbestos-containing material (ACM) is located
- The quantity and condition of the ACM
- Any action required to treat the ACM
Checks should be carried out annually unless the risks are low and mitigated.
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Leasehold Management Pack Cost
It is the seller’s responsibility to obtain the leasehold management pack and cover the associated costs. The cost for acquiring the pack from the property management company is £355 on average, depending on the managing agent.
If the property’s ground rent or service charges are handled by separate entities, additional fees may be incurred. Other costs might include administration fees from the freeholder. Get a better understanding by reading our solicitor fees for buying a leasehold guide or use our leasehold extension calculator if extending a lease.
How Long Does it Take to Get a Leasehold Management Pack?
It typically takes between 2-6 weeks for the seller’s solicitor to receive the pack from the management company. The timeline can vary based on the management company. One common cause of delay is the seller not paying the fees promptly. So it's important for the seller to settle this as soon as possible to avoid holding up the process.
Finding a Conveyancer
If you are looking to buy a leasehold property, you are going to want a conveyancer to help you with this process. In particular helping you gain the documentation you’ll need to make an informed decision.
Sites like Compare My Move can help you find the right conveyancer for your needs. Simply fill in our conveyancing comparison form to compare conveyancing quotes from up to 5 licensed firms. You could also save up to 70% on your costs.
All our conveyancing partners have passed a strict verification process. This includes being regulated by one of the following:
Solicitors Regulation Authority (SRA)
Council for Licensed Conveyancers (CLC)
Law Society of Scotland (LSS)
Law Society of Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEX)
