Fixed-fee leasehold conveyancing in St Helier:

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Frequently asked questions relating to St Helier leasehold conveyancing

I am in need of some leasehold conveyancing in St Helier. Before diving in I want to be sure as to the remaining lease term.

Assuming the lease is registered - and most are in St Helier - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title.For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.

I am tempted by the attractive purchase price for a couple of maisonettes in St Helier both have approximately fifty years left on the leases. Will this present a problem?

There are plenty of short leases in St Helier. The lease is a legal document that entitles you to use the premises for a prescribed time frame. As the lease shortens the saleability of the lease decreases and it becomes more costly to acquire a lease extension. For this reason it is often a good idea to increase the term of the lease. Sometimes it is difficulties arise selling premises with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a difficult process. We recommend you get professional assistance from a conveyancer and surveyor with experience in this area

Can you offer any advice when it comes to choosing a St Helier conveyancing practice to carry out our lease extension conveyancing?

When appointing a property lawyer for lease extension works (regardless if they are a St Helier conveyancing firm) it is imperative that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you speak with several firms including non St Helier conveyancing practices prior to instructing a firm. If the firm is ALEP accredited then so much the better. Some following of questions might be of use:

  • How experienced is the practice with lease extension legislation?
  • Can they put you in touch with client in St Helier who can give a testimonial?

    • Do you have any top tips for leasehold conveyancing in St Helier with the intention of expediting the sale process?

    • A significant proportion of the delay in leasehold conveyancing in St Helier can be reduced where you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation which will be required by the purchasers’ solicitors.
    • The majority freeholders or managing agents in St Helier levy fees for providing management packs for a leasehold homes. You or your lawyers should enquire as to the actual amount of the charges. The management pack sought on or before finding a buyer, thus reducing delays. The average time it takes to obtain the necessary information is three weeks. It is the most frequent reason for delay in leasehold conveyancing in St Helier.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? St Helier leases often stipulate that internal structural changes or addition of wooden flooring necessitate a licence from the Landlord acquiescing to such works. Where you dont have the paperwork in place do not contact the landlord without checking with your solicitor in advance.
  • If you have had conflict with your freeholder or managing agents it is very important that these are settled prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is clearly preferable to present the dispute as historic rather than ongoing.
  • If you are supposed to have a share in the Management Company, you should ensure that you have the original share certificate. Obtaining a new share certificate is often a lengthy formality and frustrates many a St Helier conveyancing transaction. Where a reissued share is necessary, you should approach the company officers or managing agents (where relevant) for this at the earliest opportunity.

    • Completion in due on the disposal of our £200000 apartment in St Helier next Monday . The managing agents has quoted £312 for Landlord’s certificate, insurance certificate and previous years statements of service charge. Is the landlord entitled to charge an administration fee for a leasehold conveyance in St Helier?

    St Helier conveyancing on leasehold flats normally involves the buyer’s conveyancer sending questions for the landlord to address. Although the landlord is under no legal obligation to address these enquiries the majority will be willing to do so. They may charge a reasonable administration fee for responding to enquiries or supplying documentation. There is no upper cap for such fees. The average fee for the paperwork that you are referring to is £350, in some cases it exceeds £800. The management information fee demanded by the landlord must be accompanied by a summary of entitlements and obligations in respect of administration charges, without which the charge is not strictly payable. Reality however dictates that one has little option but to pay whatever is requested of you should you wish to exchange contracts with the buyer.

    Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in St Helier. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?

    Most definitely. We are happy to put you in touch with a St Helier conveyancing firm who can help.

    An example of a Freehold Enfranchisement case for a St Helier premises is Buchanan Court 39 Vernon Road in April 2010. the Tribunal assessed that the premium payable for the freehold of the block should be £44,000. This case related to 2 flats. The the unexpired residue of the current lease was 66.67 years.