I wish to rent out my leasehold apartment in St Helier. Conveyancing solicitor who did the purchase is retired - so can't ask her. Do I need to ask my freeholder for permission?

A small minority of properties in St Helier do contain a provision to say that subletting is only allowed with permission. The landlord is not entitled to unreasonably refuse but, in such cases, they would need to review 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 permission.

I am hoping to put an offer on a small detached house that appears to tick a lot of boxes, at a reasonable figure which is making it all the more appealing. I have just been informed that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in St Helier. Conveyancing solicitors have not yet been appointed. Will my lawyers set out the risks of buying a leasehold house in St Helier ?

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 assist with the conveyancing process. It is clear that you are purchasing in St Helier in which case you should be looking for a St Helier conveyancing practitioner and be sure that they are used to advising on leasehold houses. As a matter of priority you will need to check the number of years remaining. As a lessee you will not be at liberty to do whatever you want with the house. The lease comes with conditions such as obtaining the landlord’spermission to carry out changes to the property. It may be necessary to pay a maintenance charge towards the maintenance of the communal areas where the property is located on an estate. Your solicitor will appraise you on the various issues.

I am tempted by the attractive purchase price for a couple of apartments in St Helier both have approximately 50 years remaining on the lease term. Should I regard a short lease as a deal breaker?

A lease is a legal document that entitles you to use the property for a prescribed time frame. As a lease shortens the marketability of the lease decreases and it becomes more expensive to extend the lease. For this reason it is advisable to extend the lease term. It is often difficult to sell a property with a short lease because mortgage companies less inclined to grant a loan on such properties. Lease extension can be a protracted process. We advise that you get professional help from a conveyancer and surveyor with experience in this field

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

If you are instructing a property lawyer for your lease extension (regardless if they are a St Helier conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of work. We suggested that you speak 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 could be useful:

• How familiar is the firm with lease extension legislation?
• What are the costs for lease extension conveyancing?

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

• A significant proportion of the frustration in leasehold conveyancing in St Helier can be avoided where you instruct lawyers the minute you market your property and ask them to put together the leasehold documentation which will be required by the buyers conveyancers.
• The majority landlords or managing agents in St Helier levy fees for providing management packs for a leasehold property. You or your lawyers should discover the fee that they propose to charge. The management information can be applied for on or before finding a buyer, thus accelerating the process. The typical amount of time it takes to receive management information is three weeks. It is the most frequent reason for frustration in leasehold conveyancing in St Helier.
• If you have carried out any alterations to the property would they have required Landlord’s approval? In particular have you laid down wooden flooring? Most leases in St Helier state that internal structural alterations or laying down wooden flooring necessitate a licence from the Landlord approving such works. Where you dont have the approvals in place do not contact the landlord without checking with your conveyancer first.
• If you have the benefit of shareholding in the Management Company, you should ensure that you have the original share document. Organising a re-issued share certificate can be a time consuming formality and frustrates many a St Helier conveyancing deal. Where a reissued share certificate is necessary, you should approach the company director and secretary or managing agents (if relevant) for this sooner rather than later.
• You believe that you know the number of years left on your lease but it would be wise to double-check via your conveyancers. A buyer’s lawyer will not be happy to advise their client to where the lease term is under 80 years. In the circumstances it is essential at an as soon as possible that you identify whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale.

Despite our best endeavours, we have been unsuccessful in trying to reach an agreement for a lease extension in St Helier. Can the Leasehold Valuation Tribunal adjudicate on premiums?

Where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the relevant statutes you can apply to the LVT to arrive at the premium.

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 affected 2 flats. The the number of years remaining on the existing lease(s) was 66.67 years.

St Helier Leasehold Conveyancing - Sample of Questions you should consider before Purchasing

On the whole the outlay for major works tend not to be wrapped into the maintenance charges, although a few managing agents in St Helier ask leaseholders to pay into a reserve fund and this is used to offset against major works. What is the yearly service fee and ground rent?