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Sale of Medina, 26 Seale Street, St. Helier.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (MD-H-2008-0102) regarding: Sale of Medina, 26 Seale Street, St. Helier.

Decision Reference:      MD-H-2008-0102

Decision Summary Title :

DS – Sale of Medina  26 Seale Street

Date of Decision Summary:

29th September 2008

Decision Summary Author:

Radley Montgomery Asset Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Medina 26 Seale Street - Sale

Date of Written Report:

1st October 2008

Written Report Author:

Radley Montgomery Asset Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

To agree the sale of Medina, 26 Seale Street

Decision(s):

The Minister decided,

  1. To revoke MD-H-2008-0087
  2. To seek the approval of the Treasury and Resources Minister for the sale of Medina, 26 Seale Street on the open market in accordance with those other properties being sold under appendix C rather than in accordance with P6 2007 appendix  D1 “Planned shared equity and outright sales to social housing tenants”
  3. To approve the sale of Medina 26 Seale Street for the sum of £380,000 to E T Developments Limited
  4. To request that the Treasury & Resources Minister similarly agree and seek the assistance of the Greffier and Attorney General in signing the necessary contracts. 
  5. To direct that the resultant funds be credited to HYC029.120410

Reason(s) for Decision:

To transfer Medina 26 Seale Street from appendix D to appendix C in accordance with P6-2007 to allow sale on the open market

To ensure that the sale is carried out in accordance with Standing Order 168 and the States approval of P6.2007.

Resource Implications:

Financial: £380,000 receipt as agreed on States approval of P6.2007 to be credited to HYC029.120410

Action required: 

Asset Manager to arrange for Treasury and Resources Minister approval and oversee the passing of the contracts and receipt of funds

Signature: 

Position:

                                   Minister

Date Signed: 

Date of Decision (If different from Date Signed): 

Hide report
Sale of Medina, 26 Seale Street, St. Helier.

DATE OF REPORT:- 29 th September 2008  

REPORT TO THE HOUSING MINISTER  

Medina 26 Seale Street St Helier- Sale  
 

Purpose  

To seek the approval from the Minister for Housing to request the Minister for Treasury and Resources to allow the Public to sell the above property on the open market rather than to an existing states rental tenant as currently required under P6/2007. 

Background  

On 17th July 2007 the States approved the Social Housing Property Plan 2007 – 2016.  In doing so the States adopted the proposition, part (i) of which required that ‘… a number of non-core, prime location properties, as detailed in Appendix C of the Social Housing Property Plan 2007 – 2016, should be sold on the open market;’. 

Further at part (ii) the States agreed that ‘the Housing Department should make arrangements to enable States rental tenants to apply to buy one of the properties listed in Appendix D of the Plan, according to the 10 year timetable specified, on a shared equity basis or at full value, and with first-time buyer conditions attached ……  

Financial Implications  

The property listed above requires expenditure in order to make the individual units fit for sale to States tenants; the Minister will recall that the Department undertook only to sell homes that meet the decent homes standard to tenants so as not to risk passing on large maintenance commitments to buyers.  This is particularly important with flats where parts of the building structure might need to be owned in common or at least have legal processes and articles of association in place to take care of long term maintenance. A conservative estimate of necessary expenditure for this property might be as much as £75,000.  It is still unlikely that existing States rental tenants who have expressed a desire to purchase will want to consider any of these units.  If sold on the open market, the properties could be sold in their present condition avoiding the cost of unnecessary refurbishment. 

This property has been valued both as potentially refurbished homes sold to States rental tenants and without any refurbishment for sale on the open market in present condition as follows: 

ADDRESS 

Value for

Shared Equity

Sale

Assuming Full

Refurbishment

And 100% paid

Sale on Open

Market

Assuming no

refurbishment

Cost of

Refurbishment

(estimated) to

meet Decent

Homes Standard

Difference

(benefits of open market sale)

Medina, Seale Street, St Helier

 
£430,000

 
£360,000

 
£75,000

 
£5,000

 

Preliminary advice from the Conveyancing Section of the Law Officers’ Department has indicated that the contract contains no restrictions which would create a barrier to open market sale. 
 

Medina has been valued at £360,000 in accordance with the approved valuation policy MD-H-2007-0057. The valuation set is therefore valid until 12th November 2008. 

On 23rd May 2008 (MD-H-2008-53) the Minister will recall that he agreed to place Medina on the open market for sale at offers in excess of the valuation. 

On 1st September 2009 (MD-H-2008-0087) the Minister agreed to sell the property to Emma Jane Short and Thomas Muirhead jointly for the sum of £380,000.  Miss Short and Mr Muirhead have since indicated that they wish to purchase the property in the name of E.T Developments Ltd.  The price remains the same at £380,000 which is £20,000 over the valuation and will be a cash purchase, with no onward chain. 

Conclusion 

There is appears to be no benefit to the Public in the Housing Department incurring costs in refurbishing this property nor is it likely that any States tenant would be in a position to undertake the refurbishment.  As such the most viable option is for its sale on the Open Market to allow the units in accommodation to be refurbished and brought back into use. 

Recommendations 

That the Minister,  

  1. Agree to revoke MD-H-2008-0087
  2. Seek the approval of the Treasury and Resources Minister for the sale of Medina, 26 Seale Street on the open market in accordance with those other properties being sold under appendix C rather than in accordance with P6 2007 appendix  D1 “Planned shared equity and outright sales to social housing tenants”
  3. Approve the sale of Medina 26 Seale Street for the sum of £380,000 to E.T Developments Ltd
  4. Request that the Treasury & Resources Minister similarly agree and seek the assistance of the Greffier and Attorney General in signing the necessary contracts.
  5. Direct that the resultant funds be credited to HYC029.120410

 
 
 
 

Report Drafted By:  ______________________________     Date

                                   Asset Manager 
 

Report Approved By: _____________________________      Date

                                    Director of Estate Services

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