Jane (my partner) and I may need to let out our St Helier 1st floor flat for a while due to a new job. We instructed a St Helier conveyancing practice in 2003 but they have closed and we did not think at the time get any guidance as to whether the lease permits subletting. How do we find out?

A small minority of properties in St Helier do contain a provision to say that subletting is only allowed with permission. The landlord cannot unreasonably withhold but, in such cases, they would need to see references. Experience suggests that problems are usually caused by unsatisfactory tenants rather than owner-occupiers and for that reason you can expect the freeholder to take up the references and consider them carefully before granting consent.

You should [be sent a copy of the lease|receive a copy of the lease]

I am hoping to sign contracts shortly on a studio apartment in St Helier. Conveyancing lawyers inform me that they report fully tomorrow. What should I be looking out for?

The report on title for your leasehold conveyancing in St Helier should include some of the following:

• Does the lease prohibit wood flooring?
• Whether the lease restricts you from renting out the property, or working from home
• An explanation as to the provision in the lease to pay service charges - with regard to both the building, and the more general rights a leaseholder has
• Whether your lease has a provision for a reserve fund?
• I don't know whether the lease allows me to alter or improve anything in the flat - you should know whether it applies to all alterations or just structural alteration, and whether consent is required
• Responsibility for repairing the window frames

For a comprehensive list of information to be contained in your report on your leasehold property in St Helier please ask your lawyer in advance of your conveyancing in St Helier

I today plan to offer on a house that appears to tick a lot of boxes, at a great price which is making it more attractive. I have since been informed that it's a leasehold rather than freehold. I would have thought that there are issues buying a leasehold house in St Helier. Conveyancing advisers have not yet been appointed. Will they explain the issues?

The majority of houses in St Helier are freehold and not leasehold. This is one of the situations where having a local conveyancer used to dealing with such properties who can help the conveyancing process. We note that you are purchasing in St Helier in which case you should be shopping around for a St Helier conveyancing practitioner and check that they have experience in dealing with leasehold houses. First you will need to check the unexpired lease term. As a lessee you will not be entirely free to do whatever you want to the property. The lease will likely included provisions such as requiring the landlord’spermission to conduct changes to the property. You may also be required to pay a contribution towards the maintenance of the communal areas where the property is located on an estate. Your lawyer should report to you on the legal implications.

Can you provide any advice for leasehold conveyancing in St Helier with the purpose of saving time on the sale process?

• Much of the frustration in leasehold conveyancing in St Helier can be avoided if you get in touch lawyers the minute you market your property and request that they start to put together the leasehold documentation needed by the purchasers’ conveyancers.
• The majority landlords or managing agents in St Helier charge for supplying management packs for a leasehold premises. You or your lawyers should discover the actual amount of the charges. The management pack can be applied for on or before finding a buyer, thus accelerating the process. The average time it takes to obtain the necessary information is three weeks. It is the most common cause of delay in leasehold conveyancing in St Helier.
• If you have carried out any alterations to the property would they have required Landlord’s consent? In particular have you laid down wooden flooring? Most leases in St Helier state that internal structural changes or installing wooden flooring necessitate a licence issued by the Landlord acquiescing to such works. Should you fail to have the consents in place you should not contact the landlord without checking with your lawyer first.
• Some St Helier leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers obtain financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the buyers or their lawyers.
• If you are supposed to have a share in the freehold, you should ensure that you are holding the original share certificate. Arranging a new share certificate is often a time consuming formality and frustrates many a St Helier home move. Where a reissued share is needed, do contact the company officers or managing agents (if relevant) for this as soon as possible.

We expect to complete the sale of our £ 400000 garden flat in St Helier next Friday . The freeholder has quoted £<Macro 'feeRangeWithVAT'> for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge such fees for a flat conveyance in St Helier?

St Helier conveyancing on leasehold maisonettes usually results in fees being raised by managing agents :

• Addressing pre-exchange enquiries
• Where consent is required before sale in St Helier
• Supplying insurance information
• Deeds of covenant upon sale
• Registering of the assignment of the change of lessee after a sale

Your conveyancer will have no control over the level of the charges for this information but the average costs for the information for St Helier leasehold property is £350. For St Helier conveyancing transactions it is customary for the seller to pay for these costs. The landlord or their agents are under no legal obligation to answer such questions most will be willing to do so - albeit often at exorbitant prices where the fees bear little relation to the work involved. Unfortunately there is no law that requires fixed charges for administrative tasks. Neither is there any legal time frame by which they are obliged to supply answers.

I have given up negotiating a lease extension in St Helier. Can this matter be resolved via the Leasehold Valuation Tribunal?

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

An example of a Freehold Enfranchisement decision for a St Helier flat 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 was in relation to 2 flats. The the number of years remaining on the existing lease(s) was 66.67 years.

St Helier Leasehold Conveyancing - Examples of Queries before buying

How many of the leaseholders are in arrears for their service charge payments?