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Conveyancing in Swanley : Keep it Local

Reasons to use our Swanley conveyancing solicitors

  • 1 You can gain comfort when you select the very best, most recommended conveyancing solicitors. Swanley has a number to select from, but for a truly dependable and reliable service many local people have been use the recommendation of this site.
  • 2 Swanley property lawyer are the linchpin to a successful Swanley conveyancing experience, keeping the process under control. They are on your side throughout, offering dedicated advice for the duration of your conveyancing
  • 3 Cut price packages from online conveyancers might seem attractive. However, these organisations are often located many kilometers away with limited understanding of the factors that impact property transactions in Swanley
  • 4 The hallmark of our conveyancing solicitors in Swanley is quality not quantity. The level of service offered by conveyancing "factories" (sometimes 'recommended' by large estate agency chains) often falls short of the level of professionalism you would hope for.
  • 5 Swanley solicitors work in conjunction with Swanley estate agents, developers, surveyors, banks and other professionals to ensure that the highest level of service is offered to clients every step of the way, with the intention of reducing administrative burdens and transaction times

Examples of recent conveyancing in Swanley since January 2021*

Recently asked questions about conveyancing in Swanley

My wife and I are hoping to buy a home in Swanley and have appointed a Swanley conveyancing firm. Within the past 48 hours our lawyer has forwarded the sale agreement to be signed with a detailed report in anticipation of exchanging contracts shortly. Britannia have this evening contacted us to inform me that there is now an issue as our Swanley lawyer is not on their conveyancing panel. Is this a problem?

Where you are buying a property needing a mortgage it is conventional for the purchasers' lawyers to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Swanley solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.

Please help. My Swanley lawyer is advising me that he is legally obliged toconduct Swanley conveyancing searches becausethe firm are on the Nat Westconveyancing panel. These Swanley searches cost a lot of money can this be avoided?

You have limited options available to you. Given that you are taking out a loan with a mortgage company your solicitor has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to follow the CML Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Swanley conveyancing searches.

About to place a bid on a leasehold apartment in Swanley. The selling agents say that it is usual for flats in Swanley to have less than 75 years remaining. I am taking out a mortgage with Nationwide Building Society. Will the property be mortgageable given that the lease has 70 years unexpired.

Most leasehold conveyancing experts should be able to deal with a lease extension. if you are securing a mortgage then your lender may insist that the lease be extended before competition. Nationwide Building Society have specific requirements as set out in the UK Finance Lenders’ Handbook in relation to minimum unexpired lease terms. As of 15/4/2021 the requirements read as follows :

- Our minimum unexpired lease term is 55 years.
- There must be at least 30 years remaining at the end of the mortgage term (regardless of the length of lease at the start).

Where the unexpired lease term is different to that recorded on the mortgage offer, the following clarifies if we need to be informed:

Second hand property:
- If the unexpired lease term on the offer is 85 years or more - only advise us if the actual lease term is less than 85 years
- if the unexpired lease term on the offer is less than 85 years – advise us if the actual lease term is different than reported
- For equity share applications - advise us if the actual lease term is different than reported on the offer

New build property:
- If the unexpired lease term stated on the offer is 125 years (flat) / 250 years (house) or more - only advise us if the actual lease term is less than 125 years (flat) / 250 years (house)
- For equity share applications - always advise us if the actual lease term is different than reported on the offer

Lease terms such as ground rent and event fees must be reasonable at all times during the term of the lease and adhere to our requirements below. If you’re unsure as to whether the terms of a lease are unreasonable or onerous, please refer the details to us in plain English for Valuer consideration. If the potentially onerous terms are in relation to the ground rent please include the current ground rent figure per annum, how often it will be reviewed and the price structure it will be reviewed against. See the guidance below.

SECOND HAND PROPERTIES

Unacceptable - advise Issuing Office (Will be declined):
- Unexpired lease term less than 55 years
- Less than 30 years remaining at the end of the mortgage term
- Ground Rent greater than 0.5% of the property value
- Ground Rent doubles less than every 20 years (e.g. doubles every 5, 10 or 15 years) - acceptable if doubles every 20 years or more
- Ground Rent is compounded RPI
- Ground Rent review period is less than or equal to 5 years

Refer to Issuing Office (Valuer will consider any impact on valuation figure and marketability):
- Unexpired lease term is 55 to 85 years
- Ground Rent greater than 0.1% and less than or equal to 0.5% of the property value
- Ground Rent escalation is linked to any indices greater than RPI
- Ground Rent escalation is linked to the value of the building*
- Ground Rent review period is greater than 5 and less than 10 years
- Event clauses exist for normal use e.g. changing the carpet, installing a TV aerial, etc
- Estate Rent Charges greater than £500 p/a (please provide details of what the charges cover)
- Service Charges greater than 0.5% of property value p/a (please provide details of what the charges cover)
- Anything that appears onerous, unusual or out of the ordinary

Acceptable (no requirement to advise Issuing Office):
- Unexpired lease term greater than 85 years
- Ground Rent less than or equal to 0.1% of the property value
- Ground Rent review period greater than or equal to 10 years
- Ground Rent escalation less than or equal to RPI

NEW BUILD PROPERTIES (includes office conversions)

Unacceptable - advise Issuing Office (Will be declined)
- Unexpired lease term less than 125 years on a new build flat or less than 250 years on a new build house (does not apply to Shared Ownership)
- Starting Ground Rent greater than 0.1% of the property value
- Ground Rent review period less than or equal to every 5 years
- Ground Rent doubles less than every 20 years (e.g. doubles every 5, 10 or 15 years) - acceptable if doubles every 20 years or more
- Ground Rent is compounded RPI

Refer to Issuing Office (Valuer will consider any impact on valuation figure and marketability):
- Ground Rent is linked to any indices greater than RPI
- Ground Rent is linked to the value of the building*
- Event clauses exist for normal use e.g. changing the carpet, installing a TV aerial etc
- Estate Rent Charges greater than £500 p/a (please provide details of what the charges cover)
- Service Charges greater than 0.5% of property value p/a (please provide details of what the charges cover)
- Anything else appears onerous, unusual or out of the ordinary

Acceptable (no requirement to advise Issuing Office):
- Unexpired lease term greater than or equal to 125 years on a new build flat or greater than or equal to 250 years on a new build house
- Starting Ground Rent less than or equal to 0.1% of the property value
- Ground Rent review period greater than 5 years
- Ground Rent escalation less than or equal to RPI

* Where the Ground Rent escalation is linked to the value of the building, please provide the following:
- How is the value of the block/unit currently calculated and if the assessment relates to the block(s), how is the Ground Rent calculated/apportioned per property?
- The current valuation and Ground Rent for each unit
- What is the mechanism for future valuations of the block and how is the Ground Rent calculated/apportioned?
- What is the right of appeal? And is this a documented process within the lease?
- Who bears the cost of the valuation (and appeal) process?
- Confirmation the review period is not less than twenty years.

I completed on my apartment on 6 April and my personal details is not yet on the land registry website. Should I be concerned? My conveyancing solicitor in Swanley expressed confidence that it would be formalised inside ten days. Are properties in Swanley particularly slow to register?

As far as conveyancing in Swanley registration is no quicker or slower than anywhere else in England and Wales. Rather than based on location, timescales can adjust subject to the party submitting the application, whether there are errors and if the Land registry have to notify any third parties. As of today roughly three quarters of such applications are fully dealt with in less than three weeks but some can be subject to longer delays. Registration is effected after the buyer is living at the premises so an expedited registration is not always top priority yet where it is urgent that the the registration takes place urgently then you or your solicitor must communicate with the Registry to express the reasoning for an expedited registration.

About to purchase a new build apartment in Swanley. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.

Set out below are examples of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Swanley

    Please supply evidence that the form of Lease proposed has been approved by the Land Registry. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Please supply a car parking plan.

Why do Swanley conveyancing charges differ for leasehold and freehold properties?

There is always increased work required in leasehold conveyancing. Swanley has many leasehold properties. There is more time involved in the purchase: for example, the lease and leasehold information (including up to date service charge, ground rent and buildings insurance details) obtained from the freeholder or managing agents. There are strict criteria that the lease must meet in order to be acceptable to a mortgage company. If it does not meet these requirements, the lease must be amended, which can involve additional expense for the seller.

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Sample of conveyancing solicitors in Swanley regulated by the SRA

It is important to note that the listed firms do not limit their work for conveyancing in Swanley but also conveyancing throughout England and Wales.

  • Bishop Akers & Co, Haven House, 193 Swanley Lane, Swanley, Kent, BR8 7LA
  • Strube & Co, 70 St James Way, Sidcup, Kent, London, Kent, DA14 5HF
  • Medlicott & Benson, 5 Curates Walk, Wilmington, Dartford, Kent, DA2 7BJ
  • Graham Dawson & Co, Westminster House, 80d Bexley High Street, Bexley, Kent, DA5 1LE
  • Pumfrey & Lythaby, 155-159 High Street, Orpington, Kent, BR6 0LN

Commercial Conveyancing solicitors in Swanley regulated by the SRA

The list below is a non-comprehensive list of solicitors in Swanley with expertise in commercial conveyancing in Swanley. This will likely include advice on commercial leases including all matters relating to landlord and tenant law
  • Bishop Akers & Co, Haven House, 193 Swanley Lane, Swanley, Kent, BR8 7LA
  • Strube & Co, 70 St James Way, Sidcup, Kent, London, Kent, DA14 5HF
  • Medlicott & Benson, 5 Curates Walk, Wilmington, Dartford, Kent, DA2 7BJ
  • Graham Dawson & Co, Westminster House, 80d Bexley High Street, Bexley, Kent, DA5 1LE
  • Pumfrey & Lythaby, 155-159 High Street, Orpington, Kent, BR6 0LN

Planning law solicitors in Swanley regulated by the Solicitors Regulation Authority

The solicitors listed below are a small selection of solicitors in Swanley with expertise in planning law. This may include advice on development on contaminated land
  • Apex Law Llp, 3 The Pantiles, Bexleyheath, Kent, DA7 5HH
  • Hadfield & Co, 1 Central Avenue, Welling, Kent, DA16 3AX

*Source acknowledgement: House price data produced by Land Registry as well data supplied by Lexsure Ltd.

© Crown copyright material is reproduced with the permission of Land Registry under delegated authority from the Controller of HMSO.