summary checklist (PDF, 1.13MB) - Kennedys

Checklist of information to collate and consider making available
to a prospective buyer at an early stage:
1 Title
a. Registered Land - official copies, title plans and documents referred to in registers.
Summary checklist
b. Unregistered Land - “epitome” of title deeds, with all relevant deeds and any statutory declarations as to
boundaries, defective title, missing deeds etc.
c. Covenants, agreements, easements, restrictions, and other rights benefiting or adversely affecting the
property.
d. Policy documentation of any title indemnity insurance policies, claims and refusals of cover.
2 Leases
a. All leases, licences, and agreements (e.g. franchise, concession, authorised guarantee), and official
copies and title plans of registered leases.
b. Details of any informal interests under which the property is occupied.
c. Notices (e.g. break) served and received by the seller.
d. Rent deposit guarantee or other security.
e. Completed rent review memoranda, details of current rent reviews, associated area measurements
agreed/determined, third party determinations, turnover rent accounts and calculations.
f. Licences regarding assignments, underlettings, alterations (with drawings and specifications), change of
use, and any other consents/variations.
g. Management information comprising details of current rents, licence fees and concessions, service
charge accounts (past 3 years), schedule of arrears, insurance premiums paid and premium recovery from
tenants, outstanding insurance claims (relating to reinstatement/loss of rent), details of current breaches
of covenant, management/maintenance contracts, ongoing/proposed works, and proposed capital
improvements, and any details relevant to the TUPE Regulations.
3 Searches
a. Consider carrying out a local authority search (ideally within 1 month before provided to buyer; not
more than 3 months).
4 Further information required
a. Replies to CPSE1s should be provided in almost all commercial transactions. Consider the need to provide
replies to CPSE 2s (subject to tenancies), 3s (grant of a lease) or 4s (assignment of lease).
b. Maintenance agreements (re: boundary features), plans, and relevant licences (e.g. over-sailing) relating
to boundaries, and notices, awards and agreements relating to party structures.
c. Access orders concerning the property or neighbouring land.
d. Documentation relating to design and construction, such as building contracts, drawings, specifications,
architects’/engineers’ appointments, bonds, guarantees, warranties, insurance policies, contractual
certificates (e.g. practical completion, making good of defects, final), details of disputes/arbitrations, and
H&S file extracts.

e. Maintenance contracts, guarantees, warranties etc relating to any plant, machinery, fixtures and loose equipment.
f. Lists of contents, specifying whether attached/unattached to the property and whether remaining post-completion.
g. Supply contracts and documents (including Carbon Reduction Commitment Energy Efficiency Scheme) relating to utilities.
h. Agreements authorising emergency escape routes over land other than the property or a public highway.
i. All documents relevant to planning and building regulations (e.g. applications permissions, approvals, refusals, completion
certificates, tree preservation orders, listed building consents, existing/proposed s.106 agreements).
j. Agreements entered into with any highway/public authority/utility providers relating to the property, its services or off-site
works, plans and drawings thereof, consultants’ reports on infrastructure, details of changes to road/highway in the vicinity,
any other licences/consents for current activities carried out at the property, and a valid EPC.
k. Documents concerning the property’s physical and environmental condition, including asbestos surveys, plans to manage
asbestos, measured/structural surveys, environmental reports, air-conditioning inspection reports, notices/licences given
under environmental law, consents relating to how activities are carried out (e.g. storage of materials, emissions, waste
management), insurance policies specific to contamination/environmental problems, and documentation of any disputes
regarding perceived environmental problems.
l. Employment contracts and service agreements for employees and occupiers.
m. Existing building insurance documentation that will remain in place post-completion or to be relied on by the buyer until
completion.
n. Correspondence/appeals concerning rating assessments/revaluations and details of any other outgoings/assessments
payable by the owner/occupier.
o. Election notices, details of any capital allowances, and supporting evidence.
p. Any option to tax and notice given to HMRC, and details of seller’s VAT registration.
q. All other relevant documentation – e.g. permits, licences, consents, approvals, certificates, applications, registrations,
declarations, refusals and appeals.
r. Each land transaction return, HMRC certificates proving notification, self-certification certificate, and original land transaction
return and certificate if any payment of SDLT was deferred.
Key contact:
Maria Papettas
Solicitor
+44 20 7667 9399
m.papettas@kennedys-law.com
Partners:
Jeremy Palmer
Partner
+44 20 7667 9239
j.palmer@kennedys-law.com
Sally Morris-Smith
Partner
+44 20 7667 9427
s.morris-smith@kennedys-law.com
Every reasonable effort is made to ensure that the information provided is accurate and
up-to-date. However, no responsibility for the accuracy or correctness, nor for any
consequences of reliance on them, is assumed by Kennedys.
Kennedys is a trading name of Kennedys Law LLP. Kennedys Law LLP is a limited liability
partnership registered in England and Wales (with registered number OC353214.