Fixed-fee leasehold conveyancing in St Helier:

While any conveyancing practice can theoretically deal with your leasehold conveyancing in St Helier, your mortgage provider may unwilling to work with them if the firm are not on their list of approved solicitors for conveyancing

Frequently asked questions relating to St Helier leasehold conveyancing

Having had my offer accepted I require 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 99.9% are in St Helier - then the leasehold title will always include the basic details 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.

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

Due to exchange soon on a ground floor flat in St Helier. Conveyancing lawyers inform me that they report fully next week. Are there areas in the report that I should be focusing on?

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

  • Details of the parties to the lease, for example these could be the leaseholder (you), head lessor, landlord
  • Are you allowed to have a pet in the flat?
  • You must be told what counts as a Nuisance in the lease
  • Whether your lease has a provision for a sinking fund?
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice?
  • What the implications are if you breach a clause of your lease?
For details of the information to be contained in your report on your leasehold property in St Helier please ask your solicitor in advance of your conveyancing in St Helier

I've found a house that seems to meet my requirements, at a reasonable price which is making it all the more appealing. I have subsequently found out that the title is leasehold as opposed to freehold. I am assuming that there are issues buying a house with a leasehold title in St Helier. Conveyancing advisers have not yet been instructed. Will they explain the issues?

Most houses in St Helier are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer used to dealing with such properties who can help the conveyancing process. it is apparent that you are buying in St Helier in which case you should be looking for a St Helier conveyancing solicitor and be sure that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. Being a leaseholder you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as requiring the freeholder’spermission to carry out changes to the property. It may be necessary to pay a service charge towards the maintenance of the communal areas where the house is part of an estate. Your solicitor should appraise you on the various issues.

I am looking at a two flats in St Helier both have in the region of 50 years unexpired on the lease term. should I be concerned?

A lease is a right to use the property for a period of time. As the lease gets shorter the value of the lease decreases and it becomes more expensive to extend the lease. This is why it is generally wise to increase the term of the lease. It is often difficult to sell a property with a short lease because mortgage lenders may be unwilling to lend money on such properties. Lease extension can be a protracted process. We recommend you get professional help from a solicitor and surveyor with experience in this area

What advice can you give us when it comes to finding a St Helier conveyancing firm to carry out our lease extension conveyancing?

When appointing a property lawyer for your lease extension (regardless if they are a St Helier conveyancing firm) it is most important that they be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non St Helier conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

  • How experienced is the firm with lease extension legislation?
  • What volume of lease extensions has the firm carried out in St Helier in the last twenty four months?

Despite our best endeavours, we have been unsuccessful in negotiating a lease extension in St Helier. Can this matter be resolved via the Leasehold Valuation Tribunal?

if there is a missing freeholder or where there is disagreement about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to arrive at the amount due.

An example of a Freehold Enfranchisement matter before the tribunal for a St Helier residence 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 unexpired term was 66.67 years.

I acquired a basement flat in St Helier, conveyancing having been completed in 1995. Can you work out an approximate cost of a lease extension? Corresponding properties in St Helier with over 90 years remaining are worth £213,000. The ground rent is £65 invoiced every year. The lease ceases on 21st October 2103

With 77 years remaining on your lease the likely cost is going to be between £10,500 and £12,000 plus costs.

The suggested premium range that we have given is a general guide to costs for extending a lease, but we are not able to supply the actual costs in the absence of comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be taken into account and you obviously want to be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before getting professional advice.