INFORMATION FOR BUYER’S SOLICITORS
SCHEME ADDRESS: ACRE LANE, BRIXTON, LONDON
ADDRESS: FLATS 1-30, 186 ACRE LANE, LONDON SW2 5UL
General
The purpose of this Seller’s Pack is to provide the necessary information and comment in order to reduce the amount of additional enquiries you may need to make.
We have attempted to cover all matters that may possibly be of concern to you and your client and believe that all aspects of this transaction have been clarified. This does not obviate the need for all appropriate searches, enquiries, surveys and inspections to be made. The information given shall not be treated as a warranty or representation and you should, as usual, rely on your own inspection of the documents supplied, searches and investigations.
Of course, whilst we should be grateful for any comments which you may have which may improve this information pack, any unnecessary additional enquiries which are raised where the information may be obtained from the information pack or enquiries of the relevant authority, may result in our charging you for the time spent by us in supplying the information.
1.The Development
Paddington Churches Housing Association Limited (now Genesis Housing Association Limited) (“GHA”) purchased the land comprised in title numberTGL344795 in March 2011. The development is a mixed scheme development comprisingcommercial premises and 60 units for social rent and shared ownership.
You will note from Schedule 8 of the S.106 Agreement enclosed with this pack, and referred to below, that it is the London Borough of Lambeth’s policy that each new resident of the development is not entitled (unless they are the holder of a disabled persons badge issued pursuant to S.21 of the Chronically Sick and Disabled Persons Act 1970) to be granted a residents parking permit from the London Borough of Lambeth to park a vehicle in a Residents Parking Bay and will not be able to buy a contract to park within any car park owned, controlled or licensed by the Council. Furthermore no unit can be occupied by a person who currently holds a parking permit from the London Borough of Lambeth. The S.106 Agreement states that this provision will remain in perpetuity. Please ensure that this is brought to the attention of your client before contracts are exchanged.
2. Title
The title is currently registered with freehold title absolute under title numberTGL344795and the proprietor is GHA.
The Official Copy of the Register of GHA’s title is enclosed in the pack together with the title plan, and copy documents referred to on the title and you should note the following:-
Title Number TGL344795
Property Register
We have no comment to make on this.
Proprietorship Register
Entry No. 2 – the grant of a shared ownership lease does not require the specific consent referred to in this restriction as it is within the S.172 (previously S.9) general consent.
Charges Register
We have no comment to make on this.
3.Timetable
If the dwellings are ready for occupation the completion date will be on the date fixed for completion on exchange of contracts. Otherwise completion will be in accordance with the Agreement for Lease.
4.Enquiries
Replies to standard General Enquiries before Contract and standard Requisitions on Title are provided in this pack.
5.Planning and S.106 Agreement
5.1.The development has been constructed pursuant to planning permissions 10/01543/FUL, 11/03181/FUL and 11/03182/FUL.Copies of these permissions are included in this pack.
5.2.We have enclosed the approval of the planning authority to some of the conditions. If by exchange of contracts or completion of the grant of the lease we have not supplied any other approvals then the Buyer must rely on the contractual obligation of GHA to build in accordance with the planning permission.
5.3.Included in this pack is a copy of the Section 106 Agreement dated25 August 2010and Deed of Variation to the Section 106 Agreement dated 29 March 2012
You will note Clause 1.6 of Schedule 3 which confirms that the affordable housing provisions of the Section 106 Agreement are not binding upon nor enforceable against any individual lessee.
Car Free Housing – as advised above please ensure this is brought to the attention of your client prior to exchange of contracts. You will note the existence of a car club providing one year’s free membership. Details are included in the pack
An email from the Local Authority to the Seller confirming payment of all financial contributions is included in the pack
5.4.The Building Regulations Completion Certificate (partial occupation) is provided in this pack
- Local and Drainage Searches
The Buyer should make its own searches.
7.Contract & Lease
The Contract and Lease are in a standard form and amendments cannot be accepted.
The Seller requires exchange of contracts within 28 days of receipt of the documentation. A completion date will be fixed on exchange.
Please ensure that the Landlord’s Additional Regulations which are included in this pack are brought to the attention of your client and a copy handed over.
Included in the pack is a Direct Debit Mandate form in relation to the payments to be made by your client pursuant to the terms of the lease. This form must be completed and returned to Winckworth Sherwood prior to exchange of contracts. Contracts will not be exchanged until we are in receipt of this form.
8.Approval of Lease and Lease Plans
The Lease plans have been approved by Land Registry and the date of approval is 29 October 2013. A copy of this approval is included in the pack.
The draft Lease has been approved by Land Registry and the date of approval is 31 October 2013. A copy of this approval is included in the pack.
9.NHBC Guarantee
The NHBC Certificate will be supplied on completion or shortly thereafter.
NHBC Registration of the Scheme and Cover Notes are included in the pack
10.Japanese Knotweed
Japanese Knotweed was previously identified on site. This has been removed and a Japanese Knotweed Guarantee is in place. A copy of this guarantee is provided in the pack.
11.Management Company
There is no residents’ management company. The development will be managed by Genesis Housing Association Limited.
12.Service charges
A copy of the estimated service charges are enclosed.
13.Roads and Sewers
The roads and sewers within this development will not be adopted.
14.Payments to be made on completion
On completion your client will pay:-
(a)The price less the deposit
(b)The current and the next month’s rent and service charge
(c)Ground rent in advance to the end of the financial year, (31st March) in which completion is effected
(d)Engrossment fees of £75 plus VAT
(e)Notice of Charge fee £50 plus VAT
(f)Mortgage Approval Fee of £30 plus VAT
A completion statement will be provided when a completion date is agreed showing the actual sums due on completion.
Note from the Agreement for Lease that the completion monies will be sent directly to the Seller’s Bank Account details of which are given in the Agreement
Please also note Paragraph 7 above re completion and receipt by this firm of the Direct Debit Mandate form prior to exchange of contracts
Winckworth Sherwood LLP
Date: October 2013
Updated: January 2014 (Knotweed Guarantee, Building Regulations, NHBC)
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