My IFA has asked me for my St Helier law firm’s panel reference for the Santander conveyancing panel. How do I obtain this. I have called my local St Helier branch but they have not got back to me yet.
You are best placed to get this information from your St Helier conveyancing practitioner . They maintain a central record lender panel numbers.
I am the registered owner of a freehold residence in St Helier but nevertheless pay rent, why is this and what is this?
It’s unusual for properties in St Helier and has limited impact for conveyancing in St Helier but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back many centuries, but the Rent Charge Act 1977 barred the creation of new rentcharges from 1977 onwards.
Previous rentcharges can now be redeemed by making a one off payment under the Act. Any rentcharges that are still in existence in 2037 is to be dispensed with completely.
How can we tell if a St Helier conveyancing solicitor on the Santander panel is any good?
When it comes to conveyancing in St Helier obtaining recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always recommend that you speak with the lawyer conducting your conveyancing.
I have a mortgage with Principality for my property in St Helier. Conveyancing was finalised some time ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Principality?
You must advise Principality in advance of letting out your property as this is likely to be a breach of Principality’s mortgage conditions. It may be that Principality will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Principality directly. You need not do this via a Principality conveyancing panel lawyer.
Having digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local St Helier solicitor - who is on the Virgin Money conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Virgin Money will need an independent valuation of the property. Your lawyer will not arrange this. Usually Virgin Money will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own St Helier surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
How does conveyancing in St Helier differ for new build properties?
Most buyers of new build or newly converted property in St Helier contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is completed. This is because developers in St Helier typically purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in St Helier or who has acted in the same development.
I wish to rent out my leasehold apartment in St Helier. Conveyancing solicitor who did the purchase is retired - so can't ask her. Is permission from the freeholder required?
Your lease dictates the relationship between the freeholder and you the leaseholder; in particular, it will say if subletting is banned, or permitted but only subject to certain caveats. The rule is that if the lease contains no expres ban or restriction, subletting is allowed. Most leases in St Helier do not contain an absolute prevention of subletting – such a provision would undoubtedly devalue the flat. Instead, there is usually a basic requirement that the owner notifies the freeholder, possibly supplying a copy of the tenancy agreement.
Following months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in St Helier. Can we issue an application to the Residential Property Tribunal Service?
in cases where there is a missing freeholder or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 it is possible to make an application to the First-tier Tribunal (Property Chamber) to make a decision on the price.
An example of a Freehold Enfranchisement case 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 related to 2 flats. The number of years remaining on the existing lease(s) was 66.67 years.
What is the reason for new build conveyancing in St Helier being more expensive?
Buying a brand new premises is significantly distinct from the standard house purchase conveyancing in St Helier. For a start developers normally insist contracts to exchange within a tight deadline, the result being a lot of pressure on your conveyancer to ensure all is in order. In addition new build conveyancing often necessitate the checking of adoption of highways, drains, planning considerations, building warranties or architects certificates. Lenders obligations are also more demanding. Due to the complex nature of the process for these types of properties, the conveyancing new build fees are higher than normal.