Pre-lease Enquiries Or Check List

Conveyancing 01/05/1990

Landlord: ............................................... Tenant: ...................................................

Demised Premises: .................................................................................................

Your Ref: .................................................... Our Ref: ...........................................

Enquiries...................................................... Replies ............................................

Title

Furnish prima facie evidence of Landlord's title to grant the lease as follows:

Unregistered:

1.1 Certified copy Deed of Conveyance/Assignment to Landlord

1.2 If Landlord's title is leasehold/fee farm grant, certified copy Head Lease or Fee Farm Grant

1.3 Up-to-date Receipt for Rent under Head Lease/Fee Farm Grant

1.4 If required, head Landlord's Consent to grant of Sub-lease

Registered

1.5 Certified copy Land Registry Folio showing landlord as registered owner with file plan attached

1.6 If leasehold folio, certified copy Head Lease/Fee Farm Grant

1.7 Up-to-date Receipt for Rent under Head Lease/Fee Farm Grant

1.8 If required, head Landlord's Consent to grant of Sub-Lease

1.9 Section 72 Declaration

1.10 Consent to registration of Lease as burden on Folio (may be contained in Lease)

1.11 Has Land Certificate issued? If so, please undertake to lodge in the Land Registry and give Letter consenting to use of Land Certificate for the purpose of registering Lease.

Services

2.1 Is the property serviced with: Drainage

Water

Electricity

Telephone

Gas?

2.2 If applicable, furnish letter consenting to the transfer of the telephone to the Tenant.

2.3 Have the services (including roads, footpaths, sewers, drains) abutting or servicing the demised premises been taken over by the Local Authority and have all charges on account thereof been paid?

 

of the Local Authority Records or personal knowledge confirming the position.

2.5 If the services are not in charge, furnish an Indemnity under seal unless Landlord covenants to maintain same in Lease.

Easements And Rights

3.1 Are there any pipes, drains, sewers, wires, cables or septic tank on, passing through or over property not included in the demised premises which serve or are in any way connected to or belong to the demised premises? If there are any, rights over same must be granted in the Lease and evidence of the Landlord's title to grant such easements and rights must be furnished.

3.2 Is the demised premises or any part of it subject to any right-of-way, water, light, air or drainage or to any other easement, reservation, covenant or restriction or to any public right of way or other public right or covenant or agreement restrictive of its user or other right of any kind.

3.3 If any road, path, drain, wire, cable, pipe, party wall or other facility (which is not in charge of the Local Authority) is used by the occupier of the demised premises in common with the owner or occupier of any other property, please confirm that all rights to do so are contained in the Lease and furnish evidence of the Landlord's title to grant such rights.

3.4 If so, please also state what (if any) are the obligations attaching to such rights.

Notices

4.1 Has any notice, certificate or order been served upon or received by the Landlord or a previous tenant of the Landlord or has the Landlord notice of any intention to serve any notice relating to the demised premises or any part of it under any Act or any statutory rule, order or statutory instrument or any amendment or extension of same?

4.2 Is so, furnish now a copy of any such notice, certificate or order so served or received.

4.3 Has the same been complied with?

Litigation

5.1 Is there any litigation pending or threatened in relation to the demised premises or any part of it or has any adverse claim thereto been made by any person?

5.2 If the Landlord is an individual, confirm that no orders affecting the demised premises have been made pursuant to the provisions of the Judicial Separation and Family Law Reform Act 1989?

Mortgage

6.1 Is the Landlord's interest in the demised premises or any part of it subject to any mortgage or charge? If so, please give full particulars and, if necessary, join the mortgagee in the Lease in order to grant and confirm same or if it is a floating charge furnish letter confirming non crystallisation.

6.2 If applicable furnish Certificate of Company Secretary that the Landlord Company has not executed any charges of any description which are not shown as registered in the Companies Registration Office.

6.3 If applicable, furnish Certificate of Company Secretary that no resolution to wind up the Landlord Company has been passed and that no Notice of a meeting at which it is proposed to wind up the Company has been issued or been published and that no petition has been presented or is pending to wind up the Company or to place the Company in Receivership or to have a Receiver appointed.

Searches

The Tenant shall search against the Landlord in:

7.1 a) If unregistered title, Registry of Deeds from date of Deed to Landlord

7.2 b) If registered, in the Land Registry

7.3 c) If Landlord's interest is leasehold, in the Sheriff's Office

7.4 d) If the Landlord is a Company, in the Companies Office

7.5 e) If the Landlord is an individual, in the Bankruptcy Office

7.6 f) In the Judgements Office

7.7 The Landlord shall explain and discharge all adverse acts appearing on such Searches.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS 1963 to

1983 ('the Acts')

8.1 Has there been in relation to the demised premises any development (including change of use or exempted development) within the meaning of the Acts on or after the 1st October 1964?

8.2 In respect of any such development furnish (where applicable):

a) Grant of Planning Permission or

b) Outline Planning Permission and Grant of Approval

c) Building Bye-Law Approval (if applicable)

8.3 In respect of development completed after the 1st November 1976 furnish evidence by way of statutory declaration of competent person that each development was completed prior to expiration of the Permission/Approval.

8.4 Has the demised premises been used for the use proposed under the Lease without material change continuously since the 1st day of October 1964? If so, please furnish statutory declaration evidencing same.

8.5 If the demised premises has been developed since the 1st October 1964 please furnish Architect's Certificate of Compliance with Planning Permission and (if applicable) Building Bye-Law Approval (Note: If such a certificate is not available then the covenant in the Lease to comply with Planning Acts should be modified).

Fire Services Act 1981

9.1 Have any notices been served on the Landlord or any previous tenant under the Fire Services Act 1981?

9.2 Are there any proceedings pending under the Fire Services Act 1981?

9.3 Has the demised premises ever been inspected by the Fire Authority for the functional area within which the demised premises are situate? If so, what were its requirements?

9.4 Have the requirements of the Fire Authority been fully complied with in relation to the demised premises and (if applicable) the building of which it forms part?

Rates

10.1 What is the rateable valuation of the demised premises?

10.2 Furnish evidence of payment of rates for current year.

10.3 Confirm that rates will be apportioned as of the date the Tenant commences to be liable.

Insurance

11.1 If Landlord is insuring, furnish certified copy of Landlord's insurance policy and receipt for latest premiums.

11.2 Confirm that either Tenant's interest will be noted on the policy or a letter from the Landlord's insurers will be furnished waiving subrogation rights.

Multi-storey Building

12.1 Is the demised premises a 'multi-storey building' (or part of such of building) within the meaning of the local Government (Multi-Storey Buildings) Act 1988?

or

Does it form part of a development in which there is a multi-storey building and in respect of which the Tenant may be required to make a contribution by way of service charge or otherwise to the cost of repair or compliance with statutory requirements?

If so, the Tenant reserves the right to raise specific Requisitions in regard to the Local Government (Multi-Storey Buildings) Act 1988.

Family Home Protection Act 1976/Family Law Act 1981

Furnish Certificate that the demised premises are not affected by the above Acts.