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Recently asked questions about conveyancing in Barnehurst

After looking at online forums for a cheap lawyer in Barnehurst, most comment that I must use a CQS assured solicitor. What is CQS?

The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in home moving process, trusted by some of the UK's biggest banks. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Legal Ombudsman. CQS is not a scheme offered by the Council of Licensed Conveyancing. Barnehurst is one of the many areas in England and Wales where there are Accredited solicitors.

How does conveyancing in Barnehurst differ for new build properties?

Most buyers of new build or newly converted property in Barnehurst come to us having been asked by the builder to exchange contracts and commit to the purchase even before the property is built. This is because new home sellers in Barnehurst tend to buy 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 conveyancers 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 Barnehurst or who has acted in the same development.

Taking into account that I will soon spend £400,000 on a two bedroom apartment in Barnehurst I would like to have a conversation with the lawyer regarding thetransaction in advance of instructing the firm. Is this something that you can arrange?

We could not agree more - it is our preference to talk to you we do not take any clients on without you liaising with the solicitor who will be conducting your conveyancing in Barnehurst.There is no ‘factory style conveyancing’ - each client is an important individual, not a file reference. The law firms that we put you in touch with believe that the fees you are calculated and presented to you for your conveyancing in Barnehurst should be the amount on the final invoice that you are charged.

Am I best advised to choose a Barnehurst conveyancing lawyer based in the vicinity that I am hoping to buy? I have an old university friend who can handle the legal work but they are based 200miles away.

The primary upside of using a local Barnehurst conveyancing practice is that you can pop in to execute paperwork, hand in your identification documents and pester them where appropriate. Having local Barnehurst know how is a plus. That being said it's more important to get someone that will do a good and efficient job. If you know people who used your friend and on the whole were impressed that should outweigh using an unfamiliar Barnehurst conveyancing lawyer just because they are local.

I am looking at a couple of maisonettes in Barnehurst which have about 50 years left on the leases. Should I regard a short lease as a deal breaker?

There is no doubt about it. A leasehold apartment in Barnehurst is a deteriorating asset as a result of the shortening lease. The nearer the lease gets to zero years unexpired, the more it adversely affects the salability of the premises. For most buyers and mortgage companies, leases with under 75 years become less and less marketable. On a more positive note, leaseholders can extend their leases by serving a Section 42 Notice. One stipulation is that they must have owned the premises for two years (unlike a Section 13 notice for purchasing the freehold, when leaseholders can participate from day one of ownership). When successful, they will have the right to an extension of 90 years to the current term and ground rent is effectively reduced to zero. Before moving forward with a purchase of a residence with a short lease term remaining you should talk to a solicitor specialising in lease extensions and leasehold enfranchisement. We are are happy to put you in touch with Barnehurst conveyancing experts who will explain the options available to you during an initial telephone conversation free of charge. More often than not it is possible to negotiate informally with the freeholder to extend the lease. They may agree to a smaller lump sum and an increase in the ground rent, but to shorter extension terms in return. You need to ensure that the agreed terms represent good long-term value compared with the standard benefits of the Section 42 Notice and that onerous clauses are not inserted into any redrafting of the lease.

I own a leasehold flat in Barnehurst, conveyancing formalities finalised half a dozen years ago. How much will my lease extension cost? Equivalent flats in Barnehurst with an extended lease are worth £165,000. The average or mid-range amount of ground rent is £45 invoiced annually. The lease terminates on 21st October 50

With only 50 years unexpired the likely cost is going to span between £36,100 and £41,800 plus legals.

The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. You should not use this information in a Notice of Claim or as an informal offer. There may be additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action based on this information without first seeking the advice of a professional.

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