The Latest News from Woodstock Legal Services

Should Buyers Arrange Their Own Gas and Electrical Inspections Before Exchange?

Tue, 21 Apr 2026 14:35:56 GMT

When purchasing a property, a buyer is generally better protected if they arrange their own gas and electrical inspections before the exchange of contracts, rather than relying solely on tests or certificates obtained by the seller. This approach reflects both legal reality and practical risk management.

Buying a property is often one of the most significant financial commitments a person will make. While the legal process can feel structured and reassuring, there are important practical steps that sit alongside it. Ensuring that systems such as gas and electrics are properly inspected is one of those steps, and it can have a direct impact on both safety and cost.

The Legal Position on Property Condition

The property is being sold in its current physical condition, and the buyer is treated as purchasing it with full knowledge of that condition once contracts are exchanged.

As legal advisers, we cannot advise on the physical condition of the property. Buyers should instead rely on their own inspection, an independent survey, and relevant expert advice.

The buyer should rely on their own survey, inspection, and searches. It is essential that the buyer satisfies themselves before the exchange because, after the exchange, they cannot require the seller to remedy matters they are unhappy with.

In practice, this means that the principle of “ buyer beware ” still plays a central role in residential property transactions. The legal framework provides structure, but it does not replace the need for thorough due diligence on the part of the buyer.

No Warranty from the Seller

The seller gives no warranty as to the condition of the property. The contract will typically include a provision that neither party can rely on representations unless made in writing by the other party or their conveyancer, save for cases involving fraud or recklessness.

This reinforces the importance of independent checks. Without them, buyers risk proceeding based on incomplete or non-binding information.

It is not uncommon for buyers to assume that documentation provided during the transaction offers a level of protection. However, unless those assurances form part of the contract in a legally binding way, they may offer limited recourse if issues arise later.

Financial Risk After Exchange or Completion

If defects with gas or electrics are only discovered after exchange or completion, the buyer will usually have to deal with and fund the remedial works themselves.

For the nominal cost of carrying out your own tests before exchange, you are in a stronger bargaining position. If defects are identified early, there may be an opportunity to negotiate for the seller to remedy them or contribute to the cost.

This stage of the transaction is often where buyers have the most leverage. Once contracts are exchanged, that flexibility is significantly reduced, making early investigation not just advisable, but strategically important.

Limitations of Seller-Provided Certificates

Any certificate of compliance for work carried out is between the owner and the named business. Importantly, the Gas Safe Register does not take responsibility for the standard of the work carried out.

This creates a practical concern. If a buyer simply relies on the seller’s inspection or testing arrangements, they may not have a direct contractual relationship with the engineer or contractor who carried out that inspection.

In addition, certificates may be limited in scope or dated. They may confirm that a check was carried out at a particular time, but not necessarily reflect the current condition of the system at the point of purchase.

Why This Matters in Practice

In practical terms, this can leave the buyer in a weaker position if the report is wrong, incomplete, limited in scope, or if defects later emerge.

Arranging independent inspections ensures that the buyer has:

Greater control over the scope and quality of the assessment
A direct relationship with the professional carrying out the work
Clear recourse if issues arise

It also provides peace of mind. While legal protections are important, having confidence in the physical condition of the property is equally valuable when making a long-term investment.

Taking a Practical, Informed Approach

A well-advised buyer will approach the transaction by combining legal due diligence with practical investigation. Surveys, searches, and specialist inspections all form part of a wider picture, helping the buyer make an informed decision.

By taking these steps before the exchange, buyers can avoid unexpected costs, reduce risk, and enter into the transaction with greater certainty. It is a relatively small investment of time and money when compared to the potential consequences of undiscovered defects.

How Woodstock Legal Services Can Help

Relying solely on the seller’s certificates may seem convenient, but it introduces avoidable risk. Independent gas and electrical inspections before exchange provide clarity, strengthen negotiating power, and help ensure that buyers fully understand the condition of the property they are committing to purchase.

For buyers understanding the conveyancing process, taking early, proactive steps can make a significant difference to both the outcome of the transaction and their long-term confidence in the property. If you are looking for bespoke support with your next property transaction, then get in touch with Arvinder Samra via a.samra@woodstocklegalservices.co.uk or by completing the form below.

Private Renting in 2026: Landlords’ Rights, Responsibilities and Legal Obligations in the UK

Tue, 21 Apr 2026 10:22:43 GMT

The UK private rented sector continues to evolve at pace, shaped by increasing regulation and a clear shift towards stronger tenant protection. For landlords, this means that compliance is no longer optional. It is essential to avoid financial penalties, reputational risk, and even invalid possession claims . With the Renters’ Rights Act 2025 coming into force, 2026 marks a pivotal moment for landlords and their legal obligations.

In her latest insight, Consultant Solicitor Maureen Chigboh-Anyadi from Woodstock Legal Services’ award-winning Landlord & Tenant team, outlines the rights and responsibilities landlords should be aware of in 2026, offering practical landlord legal advice to help you stay compliant, protected, and informed.

The Role of a Landlord in the UK Private Rented Sector

A landlord’s role entails marketing and renting out a property they own to suitable tenants in exchange for competitive rent. However, the role goes far beyond simply collecting rent. It involves active property management, strict legal compliance, and maintaining positive relationships with tenants through effective communication and the prompt resolution of issues.

Landlords must also respect tenants’ rights at all times. In today’s regulatory environment, working with experienced landlord solicitors or landlord lawyers can be critical in ensuring obligations are met and risks are minimised.

Legal Status of a Landlord

Landlords operate within a regulated legal framework. Their duties arise from both contractual agreements and statutory obligations. This dual responsibility means landlords must not only honour tenancy agreements but also comply with evolving housing legislation.

With the introduction of the Renters’ Rights Act, scrutiny of landlords is expected to increase further. This reinforces the importance of seeking proactive landlord legal advice to remain compliant.

Legislation Landlords Must Understand

Landlords in England and Wales must be familiar with the following core legislation:

Looking ahead, forward-thinking landlords should also prepare for compliance with the Renters’ Rights Act 2025 , which will significantly reshape the private rental landscape, come May 1 ^st 2026.

Core Responsibilities for Landlords in 2026

A landlord has clear legal obligations when renting out a property. These include maintaining the structure and exterior of the property and ensuring it is free from serious hazards causing disrepair , from the beginning and throughout the tenancy.

This includes repairing obligations under Section 11 of the Landlord and Tenant Act 1985, covering:

Drains, gutters, and pipes
Installations for water, gas, and electricity
Heating and hot water systems

Landlords must also keep in repair basins, sinks, baths, toilets, and other essential sanitary installations.

Failure to meet these responsibilities can lead to legal claims, enforcement action, and restrictions on regaining possession.

Property Safety and Compliance

Property safety remains one of the most critical areas of landlord responsibility. Legal requirements include:

Annual gas safety checks
Electrical safety inspections (EICR every five years)
Installation of smoke alarms and carbon monoxide detectors
Fire safety compliance in line with regulations
A valid Energy Performance Certificate (EPC)

With the Renters’ Rights Act expected to tighten standards further, landlords should ensure all documentation is up to date and easily accessible. Experienced landlord solicitors can assist with compliance audits to mitigate risk.

Deposit Protection Requirements

Landlords must protect a tenant’s deposit within 30 days of receipt using a government-approved scheme. In addition, prescribed information must be provided within the same timeframe.

Non-compliance can result in:

Financial penalties of up to three times the deposit amount
Inability to serve a valid Section 21 notice

This is a common area where landlords make mistakes, often unknowingly. Seeking landlord legal advice early can prevent costly errors.

Repairs and Ongoing Maintenance

Landlords are legally required to:

Maintain the structure and exterior of the property
Ensure essential systems remain in working order
Address issues such as damp, mould, and hazards promptly

The Renters’ Rights Act is expected to reinforce and expand these duties, increasing accountability for landlords who fail to act.

Important Rights of Landlords

While much of the legislation focuses on tenant protection, landlords also retain important rights. As a landlord, you have the right to expect your property to be looked after and to take action if a tenant breaches the tenancy agreement.

Understanding these rights is essential, particularly as legal processes become more structured and evidence-based.

Rent Collection and Addressing Rent Arrears

Landlords have the right to receive rent and to increase it, typically once per year, by serving a valid Section 13 notice under the Housing Act 1988.

Where tenants fall into arrears, landlords may:

Pursue unpaid rent
Rely on Section 8 grounds for possession
Take legal action through the courts

New and revised grounds for possession under Section 8 are expected under the Renters’ Rights Act, making it increasingly important to follow correct procedures.

Access to the Property

Landlords are entitled to access their property for inspections and repairs, provided they give at least 24 hours’ notice. However, this must be balanced against the tenant’s legal right to quiet enjoyment.

Entering a property without proper notice or consent can expose landlords to legal claims.

Regaining Possession

Currently, landlords can regain possession using:

Section 8 notices (for specific grounds such as rent arrears)
Section 21 notices (no-fault evictions)

However, Section 21 is expected to be abolished under the Renters’ Rights Act. This will place greater reliance on Section 8 and increase the evidential burden on landlords.

Evictions and Legal Risks for Landlords

Evictions are becoming increasingly regulated, with stricter procedural requirements and higher expectations placed on landlords.

The Lawful Eviction Process

In most cases, landlords must:

Serve the correct legal notice
Apply to the court for a possession order
Use bailiffs for enforcement if necessary

Failure to follow the correct process can result in delays, dismissed claims, and financial loss.

Impact of the Renters’ Rights Act 2025

The Renters’ Rights Act introduces significant reforms, including:

Abolition of Section 21 ‘no-fault’ evictions
A more structured tenancy framework
Stronger protections against unfair eviction
Potential introduction of a landlord register

These changes aim to rebalance the relationship between landlords and tenants, but they also increase compliance obligations.

Common Landlord Mistakes

Many landlords encounter issues due to avoidable errors, including:

Failing to keep up with evolving legislation
Serving incorrect or outdated notices
Missing essential safety documentation

Working with experienced landlord lawyers can help avoid these pitfalls and ensure processes are legally sound.

Regulatory Changes and Reform: The Renters’ Rights Act 2025

The Renters’ Rights Act 2025 is set to come into effect on 1 ^st May 2026 and represents one of the most significant reforms in recent years. The Act introduces major changes to private renting and grants additional rights to tenants.

The Shift Towards Tenant Protection

The direction of policy is clear. Greater tenant protection is at the forefront of housing reform. This includes:

Increased accountability for landlords
Mandatory provision of a Renters’ Rights information sheet by 31 ^st May 2026
Enhanced enforcement mechanisms

Landlords must adapt quickly to remain compliant.

Preparing for the Renters’ Rights Era

To prepare effectively, landlords should:

Review tenancy agreements and internal processes
Ensure full compliance with existing legislation
Plan for the removal of Section 21
Seek early legal guidance to avoid disruption

Engaging with landlord solicitors at this stage can provide clarity and reduce the risk of non-compliance.

How Woodstock Legal Services Can Support Landlords

Understanding the complexities of landlord and tenant law in 2026 requires a proactive and informed approach. Woodstock Legal Services offers tailored landlord legal advice designed to support landlords at every stage.

Some of our services include:

Advising on compliance in light of the Renters’ Rights Act
Drafting and reviewing tenancy agreements
Supporting possession claims and dispute resolution
Providing strategic, preventative legal guidance

Specialist Advice for Landlords from Woodstock Legal Services

If you are a landlord looking for clear, practical and reliable legal support, our award-winning Landlord & Tenant Team is here to help.

For expert landlord legal advice, contact Consultant Solicitor Maureen Chigboh-Anyadi by emailing m.chigboh-anyadi@woodstocklegalservices.co.uk or by completing the form below.

Taking early advice from experienced landlord solicitors can save time, reduce risk, and protect your investment.

Your Employment Offer Letters Might Already Be Legally Binding Contracts

Mon, 20 Apr 2026 13:18:08 GMT

By sending an offer letter to a potential new employee, even with conditions included, an employer may already have entered into a contract, and potentially an employment contract , with that individual.

One issue employers often find problematic in practice is the confusion surrounding contract law.

It might be assumed that sending an offer letter is simply that, an offer, rather than a contract in its own right. However, the reality is more complicated. Whether an offer letter amounts to a legally binding contract can depend just as much on the surrounding circumstances as it does on the wording of the letter itself.

The Employment Appeal Tribunal recently considered this issue in Kankanalapalli v. Loesche Energy Systems Ltd [2026] EAT 49 (20 January 2026).

What Happened in This Employment Law Case?

After a formal interview process, a candidate was offered a role with a proposed start date just under two months later.

He was asked to sign and return the offer letter. Following further email discussions, particularly regarding relocation expenses as he was moving from overseas, the candidate confirmed in writing:

“Please take it that I accept the offer.”

Although he did not physically sign and return the offer letter, he clearly communicated acceptance. He was also provided with:

A reference form
A new starter information form

The references form included the statement: “I understand that my employment may be terminated without the provision of satisfactory references.”

Conditions Attached to the Job Offer

The offer was stated to be subject to several standard employment conditions:

Completion of right to work checks
Receipt of satisfactory references
Successful completion of a six-month probationary period

However, complications arose when the employer attempted to change the agreed start date. The candidate, having already booked flights to the UK, queried how he would be paid during the delay.

The employer then withdrew the offer.

Although initial right-to-work checks had begun, references had not yet been obtained, despite the candidate providing the necessary information.

The candidate brought a claim for breach of contract, arguing that he had not received proper notice.

Was the Offer Letter a Legally Binding Contract?

Yes.

Despite the inclusion of conditions, the Employment Appeal Tribunal found that a binding contract had been formed.

The important issue was not simply the presence of conditions, but when those conditions were intended to take effect.

Why the Tribunal Found a Contract Existed

The surrounding correspondence demonstrated that:

The conditions were intended to operate after acceptance, not before
Certain requirements, such as the probationary period, could only occur once employment had begun
Right to work checks and references were framed as ongoing employment conditions, not pre-contract requirements

Perhaps most significantly, the offer letter itself contained many of the essential terms of employment, including:

Start date
Salary
Working hours
Job description
Holiday entitlement
Bonus and pension details

In addition, the employer had already taken steps to onboard the employee, including:

Providing pre-employment documentation
Arranging a security pass

Taken together, these actions demonstrated a clear intention to create a binding employment relationship.

The Tribunal therefore concluded that the job offer was a contract in its own right, and that withdrawing it amounted to a breach of contract.

What Was the Legal Consequence for the Employer?

The offer letter did not specify a notice period. However, given the circumstances, the Tribunal determined that more than the statutory minimum notice was required.

Factors Considered in Determining Notice

The Tribunal took into account:

The lengthy recruitment process
The seniority of the role
The six-month probationary period
The employee’s international relocation
The employer’s suggestion that the employee rent a property for 12 months

Based on industry standards, a three-month notice period was deemed appropriate, and the employee was awarded pay accordingly.

What the Employee Was Not Entitled To

Because the employment had not yet commenced:

No holiday pay was awarded
No relocation expenses were payable

However, the Tribunal noted that, had further expenses been incurred or additional terms agreed, the financial consequences for the employer could have been significantly greater.

Employment Law Lessons for Employers

This case serves as a cautionary tale for employers, HR professionals, and directors involved in recruitment.

Job offers are essential documents in the employment relationship, but they can also create unintended legal risk.

Why Offer Letters Can Be Risky

The risks arise not only from what is written in the offer letter, but also from:

Email correspondence
Verbal assurances
Onboarding actions taken before a formal contract is signed

In this case, the Tribunal found that:

Certain conditions could only logically apply after a contract existed
The employer’s conduct demonstrated a clear intention to employ the individual

Practical Takeaways for UK Employers

Employers should ensure that:

Offer letters are carefully drafted with clear conditional wording
It is explicitly stated when a contract becomes binding
Pre-employment conditions are clearly distinguished from post-acceptance obligations
Internal processes and communications do not contradict the written terms

Final Comment

As this case highlights, employment offer letters are not merely administrative documents. In the context of UK employment law , they can create binding contractual obligations sooner than many employers expect.

Employers must take care not only to ensure that their employment documentation is robust and legally compliant, but also that their actions and communications during the recruitment and onboarding process do not inadvertently create legal liability.

A cautious and consistent approach can help avoid costly disputes and protect the business from unintended contractual obligations. If you are after clarity regarding employment letters or other aspects of UK employment law, then get in touch with Richard Hiron via r.hiron@woodstocklegalservices.co.uk or by completing the form below.

Defamation & the Internet: Can You Sue Over a Nickname?

Wed, 15 Apr 2026 14:34:29 GMT

When Real Life Becomes Content

If you think defamation law is wigs, dusty casebooks and Latin phrases, think again. Zoe Turner shares this recent case, which offers a sharp reminder that it is anything but outdated.

One of the most talked-about cases this year involves a rapper, a police raid, home security footage and an officer now widely known on the internet as “Officer Lemon Poundcake.”

The case centres around the US rapper Afroman, who found himself in an unusual position after police officers carried out a raid on his home in 2022. No charges were ultimately brought. For most people, that might have been the end of the story, but for Afroman, it was just the beginning.

During the raid, security cameras inside the property recorded the events. In the footage, one of the officers can be seen in the kitchen, where a lemon pound cake was sitting on the counter.

At one point, the officer appears to pause, stare rather longingly at the cake, and even do a slight double-take. In fairness, it is the sort of moment that might stop most people in their tracks.

Instead of leaving the footage unused, Afroman later incorporated it into his music videos and online content. As part of the storytelling, and with a degree of creative licence, he highlighted the moment and turned it into a running joke.

The internet then did what it tends to do. The clip was shared, replayed and commented on, and the nickname “Officer Lemon Poundcake” quickly stuck.

This illustrates how reputations can now be shaped and formed online. Something minor, captured on camera, can rapidly become the defining feature of how someone is perceived.

From a legal perspective, this is also a useful example of how identification works in defamation law. Even without naming someone directly, a person can still be identifiable through context, imagery or association. Whether that crosses the legal threshold is another question, but the starting point is clear: names are not always necessary.

It also serves as a reminder that humour, even when based on real events, can have consequences. What begins as a passing moment can end up replayed, reinterpreted and, in this case, firmly embedded in internet culture.

The Claim: When Humour Becomes a Lawsuit

The officers involved were less amused. Several brought a claim against Afroman, arguing that the videos had damaged their reputations, exposed them to ridicule and caused distress to both them and their families. In legal terms, they argued that this amounted to defamation.

One aspect in particular stood out during proceedings. The officer at the centre of the nickname explained to the court that his feelings had been hurt and that people had repeatedly sent him lemon pound cake as a result of the videos. On one level, it is humorous; on another, it reflects a more uncomfortable reality of modern reputational damage, where harm often arrives in the form of jokes rather than direct criticism.

At its core, however, defamation is about false statements that cause serious harm to a person’s reputation. It is not enough for something to be embarrassing or upsetting. It must be untrue, and it must have a tangible impact on how that person is viewed by others.

This is often where claims fail, and this case provides a clear illustration of that point.

The Defence: Truth, Opinion and Artistic Expression

Afroman’s position was relatively straightforward. The footage was real and recorded inside his own home. The content he created from it took the form of music, commentary and, in places, satire. He was, in effect, criticising the conduct of public officials in the course of their duties, expressed through a creative medium.

There is also a broader legal principle at play. Truth, or material based on real events, is inherently difficult to frame as defamatory. The law also recognises a distinction between statements of fact and expressions of opinion, even where those opinions are unflattering.

Being given a nickname, even one as memorable as “Officer Lemon Poundcake,” is not the same as being falsely accused of specific wrongdoing.

The $400 Question

One of the more serious points raised in the case concerned an allegation that money had gone missing during the raid. In another context, calling someone a thief could potentially cross the line into defamation.

Here, however, the court appears to have treated the allegation as part of Afroman’s account of what he believed had happened, conveyed through music rather than as a clear and provable statement of fact.

That distinction, subtle as it may seem, is often decisive in defamation claims.

The Outcome: Not Everything Unfair Is Unlawful

Ultimately, the jury found in Afroman’s favour. The claims did not meet the legal threshold for defamation in the United States.

While the officers may have felt embarrassed or unfairly portrayed, that alone was not sufficient. The law does not protect individuals from being the subject of criticism, humour or even viral internet nicknames.

A UK Perspective on Defamation Law

If a similar situation arose in England and Wales, the starting point would be the Defamation Act 2013 , which sets out a more structured and, in many respects, stricter framework for bringing defamation claims.

What Is Defamation?

At its simplest, defamation involves:

A false statement
about an identifiable person
which causes serious harm to their reputation

It is not enough for a statement to be embarrassing, offensive or unfair. The law is concerned with real reputational damage that results in significant or substantial loss.

What Must Be Proven?

To bring a successful defamation claim in England and Wales, a claimant must establish the following:

Defamatory Meaning: The statement must lower the individual in the estimation of right-thinking members of society or expose them to ridicule.

Reference to the Claimant: The statement must be about the claimant. This does not require direct naming. A nickname, image or description may be sufficient if others can identify the individual.

Publication: The statement must be communicated to at least one third party. In practice, online content will almost always satisfy this requirement.

Serious Harm: The claimant must demonstrate that the statement has caused, or is likely to cause, serious harm to their reputation. This is a crucial threshold and frequently where claims fall short.

Defences Available in Defamation Claims

Even where the above elements are established, several important defences may apply:

Truth: This is the strongest defence. If a statement is presented as fact, it must be capable of being proven substantially true. The burden rests with the person making the statement.

Honest Opinion: This applies where the statement is clearly opinion rather than fact. It must be based on existing facts and be a view that a reasonable person could hold.

Publication on a Matter of Public Interest: This protects statements made on issues the public is entitled to know about, particularly where they concern public officials or conduct.

Defamation Law in the Digital Age

UK defamation law is designed to strike a careful balance between protecting individuals from serious reputational harm and allowing freedom of expression, including the right to criticise.

In a case like this, even if someone can show they were identified and the content was published, the real question is:

Has there been serious harm to reputation?
Can the statement be defended as true, an honest opinion or in the public interest?

What this case demonstrates is that defamation law continues to evolve alongside technology. Events are now recorded, edited and shared instantly. Reputations are no longer shaped solely in formal settings but across social media, video platforms and online commentary.

It also reinforces a fundamental legal principle: not everything that feels unfair is legally actionable. Individuals are entitled to tell their version of events, particularly where it is grounded in fact. They are also entitled to do so with a degree of humour.

Even if that results in someone being remembered not by their official role, but by a nickname such as “Officer Lemon Poundcake.”

If you feel as if you are facing unfair defamation, then get in touch with Zoe Turner today via z.turner@woodstocklegalservices.co.uk or by completing the form below.

Auction vs Private Property Sales in the UK: A Conveyancer’s Guide for Buyers and Sellers

Wed, 15 Apr 2026 09:17:37 GMT

Introduction to Daylia-Maria Jonson & Residential Conveyancing

When it comes to buying or selling a property, one of the biggest decisions clients face is choosing between an auction sale and a private sale. Each method carries its own pace, risks, and advantages, and the right choice often depends on the individual’s goals, circumstances, and timeline. Daylia-Maria Jonson shares some of the important differences, advantages, and how a conveyancer can help, to ensure that you make the right decision.

Daylia-Maria Jonson is a Consultant at Woodstock Legal Services , with over 27 years of experience in conveyancing. Her career has spanned multiple roles, including Legal Secretary, Post Completion Executive, Paralegal, and now Residential Conveyancer.

She has built her career on a genuine passion for property law, particularly valuing the fact that no two transactions are ever the same. This ensures that each day brings variety, new challenges, and opportunities to support clients through one of the most significant decisions they will make.

What Is an Auction Sale in Property Transactions?

An auction sale is a public event where buyers compete by placing bids, often familiar to viewers of programmes such as Homes Under the Hammer. The property is sold to the highest bidder, with the agreement becoming legally binding immediately when the hammer falls.

Features of Auction Property Sales

A fixed date and time for the sale
A competitive bidding environment
Immediate exchange of contracts once the hammer falls
No cooling-off period
A deposit (usually 10%) is paid immediately

Exchange of Contracts means that both parties are legally bound and committed to the transaction. Withdrawing after this stage can result in significant financial consequences for the party in breach.

Advantages & Risks of Buying or Selling at Auction

One of the main advantages of an auction sale is the urgency and competition it creates, which can drive the final sale price higher depending on market conditions. Sellers benefit from a clear and fixed timeline.

However, for buyers, the auction environment can be intense and high-risk. There is pressure to make quick decisions, making it essential that thorough due diligence is carried out in advance. Sellers also face uncertainty, as weak bidding may result in the property not achieving the desired price.

What Is a Private Property Sale?

Features of Private Sales

Flexible pricing
A negotiation-based process
A variable timeline depending on market interest

Advantages of Private Sales for Buyers and Sellers

Private sales offer greater control and flexibility. Buyers have more time to consider their decision, negotiate terms, and carry out inspections.

Sellers can assess multiple offers and choose the one that best suits their needs in terms of price and timing.

Auction vs Private Sale: Important Legal Differences

Legal Commitment

Auction Sales: Legally binding the moment the hammer falls; contracts are exchanged instantly; deposit paid immediately

Private Sales: Not legally binding until exchange of contracts; offers can be withdrawn or renegotiated; greater flexibility if issues arise

Speed of the Transaction

Auction Sales: Completion typically within 20–28 days; fixed deadlines with limited flexibility; requires finances and legal preparation in advance

Private Sales: Average timeline of 8–12 weeks or longer; dependent on property chains, searches, and mortgage approvals; more time to resolve issues

It is particularly important in auction purchases that buyers have their finances fully arranged before bidding.

Risks to Consider in Auction & Private Property Sales

With auction sales, it is essential to review the legal pack before bidding. Auctioneers provide documentation, including searches, in advance of the auction date. Instructing a conveyancer to review this pack is crucial, as there may be hidden legal issues or the property could be unmortgageable.

In contrast, private sales carry the risk of a property chain collapsing . This can occur after buyers have already incurred costs for searches and surveys. Issues such as gazumping or gazundering may also arise, leading to delays, stress, and renegotiation.

Without the urgency of an auction, buyers may delay decisions, and sellers may receive lower offers or face prolonged negotiations.

The Role of a Conveyancer in Property Transactions

In Auction Sales

Reviewing legal packs before the auction
Identifying risks and potentially problematic clauses
Providing advice quickly, often under time pressure

In Private Sales

Managing the full legal process from start to finish
Conducting searches and raising enquiries
Guiding clients step-by-step through the transaction

Which Property Sale Method Is Right for You?

Auction sales may be more suitable for experienced buyers, investors, or those who are comfortable with risk and able to act quickly with finances already in place.

Private sales may be better suited to first-time buyers , those requiring mortgage flexibility, or anyone seeking more time, reassurance, and control throughout the process.

Final Thoughts: Making the Right Property Decision

There is no one-size-fits-all answer when choosing between an auction sale and a private sale. Auction sales rely on urgency and competition, while private sales depend on patience and negotiation.

Understanding the legal and practical differences between the two can help buyers and sellers make more informed decisions.

Both routes can be effective, but the legal differences are significant
The greatest risk often comes from misunderstanding when a transaction becomes legally binding
Early legal advice can help prevent costly mistakes

For expert guidance on residential conveyancing, auction purchases, or private property sales, clients are encouraged to contact Daylia-Maria Jonson at Woodstock Legal Services via d.jonson@woodstocklegalservices.co.uk or by completing the form below.

Woodstock Legal Services named a finalist in the Professional Services Award at the Central South Business Awards

Wed, 01 Apr 2026 09:53:48 GMT

We are proud to share that Woodstock Legal Services has been named a finalist in the Professional Services Award at the Central South Business Awards , recognising the strength of our specialist legal services and the continued development of our modern consultant-led firm.

Our approach has always been intentional. We have focused on building a business where experienced lawyers can do their best work, where people feel properly supported, and where clients receive straightforward, high quality legal advice from people who genuinely care about what they do.

Over the past year we have continued to strengthen our consultant community, invest in the infrastructure behind the firm, and focus on sustainable growth. Being named a finalist reflects the collective effort of the people who make Woodstock what it is.

Being recognised in the Professional Services category is particularly meaningful as it reflects not just the expertise of our lawyers, but the strength of the business that supports them and allows them to deliver consistently high standards of service to their clients.

Natasha Boyland, Director and Head of Risk & Operations at Woodstock Legal Services, said:

"Professional services businesses are built on trust. For us, that means making sure our lawyers are properly supported by strong operational foundations, clear processes, and a culture that puts quality and client care first.

Our focus has always been making sure our consultants and employed lawyers can concentrate on their clients and their work, knowing they have the right support around them. That comes from every part of the business, from our operations and compliance teams to accounts, marketing and support staff who all play a part in making sure we deliver the service our clients expect.

Being named a finalist reflects the collective effort that goes into delivering a consistently high standard of legal service across the firm."

Carly Jermyn, Managing Director of Woodstock Legal Services, added:

"I am incredibly proud of the business we are continuing to build and the people behind it. This recognition reflects both the quality of our lawyers and the strength of the team supporting them."

A growing modern law firm

As we continue to grow, we are always keen to speak with experienced lawyers who want to work differently, be properly supported, and be part of a collaborative community.

Behind every successful consultant is the right firm. Click here to see why consultants choose Woodstock.

What is a Transfer of Equity? A Complete Guide for 2026

Tue, 31 Mar 2026 09:56:41 GMT

A transfer of equity is a legal process used to change the ownership structure of a property without selling it on the open market. This might involve adding someone to the title, removing an existing owner, or adjusting the shares between co-owners.

It commonly arises in situations such as relationship changes, tax or estate planning, or where a partner is being added to a property.

With over 20 years of experience in residential conveyancing , Marcia Lopes regularly assists clients with transfer of equity matters, ensuring the process is handled smoothly while protecting everyone’s legal and financial position. She shares what transfer of equity is and the legal process you can expect in 2026.

What Does ‘Transfer of Equity’ Mean?

A transfer of equity involves changing the ownership of a property where at least one of the original owners remains on the title. It is not a sale in the traditional sense, but rather a reallocation of ownership shares.

Unlike a full transaction, the property itself does not change hands entirely; only the legal ownership structure is updated.

Transfer of Equity vs Sale or Purchase

A sale transfers 100% ownership of a property to a completely new party.

A transfer of equity, by contrast, adjusts ownership between existing and/or new parties, with at least one original owner remaining.

While generally faster and more straightforward than a full conveyancing transaction, it still requires proper legal work and compliance with lender and Land Registry requirements.

When Might You Need a Transfer of Equity?

This is one of the most common questions clients ask, and the reasons can vary significantly depending on personal and financial circumstances.

After Separation or Divorce

One party may be removed from the title, often as part of a financial settlement or court order.

Adding a Partner or Family Member

This commonly occurs when couples move in together or when a share of the property is gifted. Mortgage lender consent is usually required.

Tax Planning or Estate Planning

Property shares may be adjusted to assist with inheritance planning or to manage tax exposure. Independent tax advice is strongly recommended in these situations.

Buy-to-Let and Investment Restructuring

Ownership structures may be changed for investment purposes, including moving property into joint names or restructuring portfolios, often alongside refinancing.

What is the Legal Process for a Transfer of Equity?

A transfer of equity is a formal legal process and should always be handled by an experienced conveyancing lawyer.

Step 1: Initial Instruction and ID Checks

We verify identity, review ownership details, and obtain official copies of the title.

Step 2: Mortgage Lender Consent (If Applicable)

If there is a mortgage, the lender must approve the change. This may involve affordability checks for any remaining or incoming owners.

Step 3: Drafting the Transfer Deed

A legal document is prepared setting out the agreed changes in ownership and any financial arrangements between the parties.

Step 4: Signing and Completion

All parties sign the transfer deed. Any agreed funds are transferred at this stage.

Step 5: Registration at HM Land Registry

The final step is registering the change, updating the title to reflect the new ownership structure.

Do You Pay Stamp Duty on a Transfer of Equity?

When Stamp Duty May Apply

Stamp Duty Land Tax (SDLT) may be payable if money changes hands or if a share of an existing mortgage is taken on. HMRC treats this as “chargeable consideration.” The consideration may be, for example, the assumption of a mortgage debt by the incoming party.

When You May Be Exempt

You may not pay SDLT if the transfer is a genuine gift with no mortgage involvement, or in certain cases following a court order, such as divorce proceedings.

How Long Does a Transfer of Equity Take?

Most transfers of equity are completed within 2–6 weeks, depending on the circumstances.

What Can Slow the Process Down

Delays are most commonly caused by:

Mortgage lender approval time
Disputes or delays between parties
Title issues or missing documentation

What are the Risks and Common Pitfalls?

While often perceived as straightforward, transfer of equity transactions can carry risks if not handled properly.

These include mortgage liability issues, unexpected tax consequences, and incorrectly structured ownership arrangements, which may cause problems in the future.

Do You Need a Lawyer for a Transfer of Equity?

Yes, legal advice is essential. A transfer of equity affects legal ownership, financial liability, and potentially tax position.

An experienced conveyancer ensures the process is carried out correctly, lender requirements are met, and all parties are properly protected.

How Woodstock Legal Services Can Help

Marcia provides clear, practical advice tailored to your situation, guiding clients through each stage of the process and keeping matters as straightforward as possible.

If you are considering a transfer of equity or would like to discuss your options, feel free to get in touch at: m.lopes@woodstocklegalservices.co.uk or by completing the form below.

Woodstock Legal Services shortlisted for Business Growth as three consultants earn individual Modern Law Awards recognition

Mon, 23 Mar 2026 17:29:02 GMT

We are proud to share that Woodstock Legal Services has been shortlisted for Business Growth of the Year at the Modern Law Awards. At the same time, three of our consultants have also been shortlisted for Consultant of the Year, which makes this recognition even more special for us as a firm.

Our growth has always been intentional. We have focused on building a business where experienced lawyers can do their best work, where people feel properly supported, and where clients receive straightforward, high quality legal advice from people who genuinely care about what they do.

Over the past year we have continued to strengthen our consultant community, invest in the infrastructure behind the firm, and focus on sustainable growth. This shortlisting reflects the collective effort of the people who make Woodstock what it is.

We are especially proud to see Becci Newton, Samantha Apsey, and Tamsin Ledger shortlisted for Consultant of the Year. Their recognition reflects not only their individual expertise and commitment to their clients, but also the strength and depth of experience across our consultant community.

You can read more about our three shortlisted consultants, and their specialist areas, by visiting their profiles below:

Carly Jermyn , Managing Director of Woodstock Legal Services, said:

"This recognition is important because it shows that you can grow a law firm without losing what matters. We have focused on bringing in good people, supporting them properly, and building a business where experienced lawyers can genuinely enjoy their work again.

I am especially pleased to see three of our consultants recognised. They represent the standard of expertise and care we want Woodstock to be known for. When our consultants succeed, our whole firm succeeds.

This recognition belongs to our whole team and I am incredibly proud of what we are continuing to build together."

Interested in joining a growing, modern law firm?

As we continue to grow, we are always keen to speak with experienced lawyers who want to work differently, be properly supported, and be part of a collaborative community.

Behind every successful consultant is the right firm. Click here to see why consultants choose Woodstock.

Buying Your First Home in 2026? Legal Pitfalls First-Time Buyers Must Avoid

Thu, 19 Mar 2026 14:07:12 GMT

Buying your first home is an exciting milestone, but in today’s UK property market, it also comes with several legal and financial complications that are easy to underestimate. For many first-time buyers, a lack of preparation or understanding can lead to delays, unexpected costs, or even failed transactions.

This guide explores the most common risks first-time buyers face in 2026, alongside practical legal insights to help you move forward with confidence.

Common Risks First-Time Buyers Often Overlook

First-time buyers frequently underestimate several risks that can significantly impact their purchasing journey.

A misunderstanding of the market is one of the most common issues. Property prices, demand fluctuations, and regional differences can create unrealistic expectations. Without a clear understanding of how the market operates, buyers may overextend financially or miss opportunities.

Hidden costs are another major factor. Beyond the purchase price, buyers must account for solicitor fees, surveys, Stamp Duty (where applicable), moving costs, and potential repairs. These can quickly add up and place a strain on your budget if not planned for early.

Mortgage rates continue to fluctuate, and even small increases can significantly impact monthly repayments. Buyers should carefully consider affordability, not just now, but over the term of the mortgage.

At the same time, deposit requirements and income multiples remain strict. Many lenders require substantial deposits and apply tight affordability criteria, which can limit borrowing potential, particularly for those still building savings.

External pressures also play a role. The construction industry continues to face challenges linked to labour shortages and rising material costs, affecting both availability and pricing of new-build homes.

Finally, regional differences across the UK can dramatically affect affordability and risk. What applies in one area may not apply in another, making local knowledge essential.

Understanding these risks early allows buyers to make informed decisions and avoid unnecessary complications later in the process.

Why Early Legal Guidance Matters

Engaging a legal expert at the outset can make a measurable difference to both the speed and success of your purchase.

Proactive legal advice helps to prevent costly mistakes by identifying issues before they escalate. It also supports faster resolution of disputes , should they arise, saving both time and expense.

By seeking legal support early, buyers can anticipate and mitigate risks, ensuring compliance with legal requirements while protecting their financial interests. Just as importantly, it enhances decision-making, giving you clarity and confidence throughout the transaction.

Not Instructing a Conveyancing Solicitor Early Enough

Many delays in property transactions begin before an offer is even accepted.

Instructing a conveyancing solicitor early allows essential steps, such as identity verification and source-of-funds checks, to be completed in advance. This preparation can significantly reduce delays once your offer is agreed upon.

Early legal involvement also strengthens your position as a buyer. Sellers are more likely to favour offers from buyers who appear organised and ready to proceed.

Failing to Understand Freehold vs Leasehold

The distinction between freehold and leasehold ownership is crucial and carries long-term financial implications.

Leasehold properties often come with ground rent, service charges, and lease length considerations. A short lease, for example, can affect both mortgage eligibility and future resale value.

With ongoing leasehold reform developments expected to impact buyers in 2026, understanding your rights and obligations has never been more important.

Overlooking Property Searches and Due Diligence

Property searches are not a formality; they are a vital safeguard.

Searches can reveal issues such as planning restrictions, flood risk, environmental concerns, or infrastructure developments that may affect your use or enjoyment of the property.

Skipping or rushing this stage can expose buyers to serious future liabilities. Many significant issues are only uncovered during thorough conveyancing checks, making due diligence essential.

Mortgage and Funding Pitfalls That Can Delay Completion

Even when a mortgage is agreed in principle, complications can arise.

Mortgage offer expiry date risks can occur, particularly if transactions are delayed. Changes in lending criteria or personal financial circumstances may also affect affordability assessments.

Buyers using gifted deposits should be aware of strict source-of-funds requirements, which must be clearly evidenced to satisfy both lenders and legal checks.

These factors can cause delays or, in some cases, derail a purchase entirely if not carefully managed.

Ignoring Restrictive Covenants and Title Issues

Restrictive covenants are legal conditions attached to a property that can limit how it is used.

These may restrict alterations, extensions, or even certain types of occupancy. Overlooking them can lead to complications later, particularly if you plan to renovate.

Similarly, title defects can affect ownership rights or future saleability. In some cases, indemnity insurance may be required to protect against potential risks.

Landlord and Tenant Considerations

Some first-time buyers unknowingly purchase properties with tenants already in place.

This can create immediate legal responsibilities, effectively making you a landlord. Issues around tenancy agreements, possession rights, and eviction processes can be complicated and time-consuming.

Understanding these obligations before committing to a purchase is essential to avoid unexpected legal challenges.

Transfer of Equity and Family Support Complications

Many first-time buyers rely on financial support from family, but this can introduce legal issues.

Whether through gifted deposits, joint ownership, or informal agreements, it is important to clearly document arrangements to prevent future disputes.

Without proper legal structuring, financial contributions from family members can lead to disagreements or claims over ownership later on.

Exchange and Completion Risks Buyers Don’t Expect

The point of exchange of contracts is a significant legal milestone. At this stage, the transaction becomes legally binding, and withdrawing can carry serious financial penalties.

Property chains can still collapse before completion, creating financial and logistical challenges. Buyers must also ensure building insurance is in place from the exchange and that all final checks are completed.

Understanding what changes legally at each stage helps avoid costly surprises.

How First-Time Buyers Can Protect Themselves

Preparation is your strongest asset when entering the property market. A clear, structured approach can help you stay in control.

Start by defining your priorities, what matters most in your future home, and ensure your finances are in order by securing a mortgage in principle early. Monitoring local market data can help you make competitive, realistic offers.

When viewing properties, visit at different times of day and ask detailed questions about the property’s history and condition. Always take the legal aspects seriously, particularly with leasehold properties, and never skip a professional survey.

Clear and consistent communication with your solicitor is equally important. Setting realistic timelines and understanding that delays can occur will help you manage expectations throughout the process.

How Woodstock Legal Services Supports First-Time Buyers

At Woodstock Legal Services , we understand that buying your first home can feel overwhelming. Our approach is designed to simplify the process, providing clear, proactive legal guidance at every stage.

We help identify risks early, streamline the conveyancing process, and ensure that your transaction progresses as efficiently as possible. With a focus on transparency, responsiveness, and practical advice, we support first-time buyers in making informed decisions and avoiding unnecessary complications.

If you are looking for legal support, then you can get in touch with Consultant Solicitor Maureen Chigboh-Anyadi , who is part of both our award-winning Landlord and Tenant and Residential Property teams. Get in touch via her email m.Chigboh-Anyadi@woodstocklegalservices.co.uk or by completing the form below.

Purchasing your first home is a significant investment. Having the right legal support in place can make all the difference.

What is a Property Chain & Why Do They Cause Delays?

Tue, 17 Mar 2026 16:57:05 GMT

If you have ever been told “our sale is delayed because of the chain”, you are certainly not alone. It is one of the most common frustrations in the UK property market.

A property chain is a sequence of home buyers and sellers who are all dependent on each other’s transactions to complete their house sales and purchases. While this can sound complicated, it is entirely normal. Most residential transactions in the UK involve a chain of some kind, and delays are often a natural consequence of multiple parties needing to align.

What is a Property Chain?

A property chain refers to a series of linked property transactions, where each sale and purchase is dependent on another.

For example, Buyer A is purchasing from Buyer B, who is purchasing from Buyer C. Each party relies on the others to complete before their own transaction can be finalised. On completion day, funds move up the chain, from the buyer at the bottom through to the seller at the top.

There are also “chain-free” transactions, where no onward purchase is involved. These tend to be more straightforward to manage.

Why Do Property Chains Cause Delays?

There are many factors involved in a property transaction , such as searches, mortgages, and surveys. However, in a chain, any issue affecting one party can delay everyone involved.

For example, someone in the chain may pull out entirely, causing the whole chain to collapse. In other situations, there may be title issues or complications that require responses from third parties, such as the Land Registry or management companies. This can slow progress significantly, as you are relying on external organisations before proceeding.

Renegotiations can also arise, including last-minute price reductions, which can disrupt the entire chain. In some cases, properties may even need to return to the market, restarting the process.

Where there is no chain, just one party buying from another, the transaction can often be completed within 6 to 8 weeks. By contrast, chains introduce both emotional and financial pressures, as delays can affect moving plans, work commitments, and overall certainty.

How Can You Reduce the Risk of Delays?

While property chains cannot always be avoided, there are practical steps you can take to help minimise delays.

Instructing a lawyer early ensures your transaction is prepared from the outset. Securing a mortgage in principle can also help prevent last-minute financial issues.

It is important to respond quickly to enquiries and provide documents promptly, as delays often occur when information is outstanding. Staying in regular communication with your solicitor and estate agent helps keep momentum across the chain.

Choosing proactive legal representation can make a significant difference. When all parties are working collaboratively, it becomes much easier to keep the process moving.

Are Chain-Free Transactions Faster?

Generally, yes. Chain-free transactions are typically quicker and more straightforward because they remove the dependency on multiple parties.

This is often the case with cash buyers, first-time buyers, or probate properties, where there is no onward purchase. In these situations, there is greater control over the timeline and fewer variables that can cause delays.

For example, working with a first-time buyer where the seller does not have a related purchase allows the transaction to be prioritised more easily, with greater control when agreeing on completion dates.

Final Thoughts: How Woodstock Can Help

Property chains are a normal part of the UK housing market, but they require careful coordination and patience.

Delays can occur for a variety of reasons, from legal complications to personal circumstances. Even agreeing on a completion date can take time, as multiple parties must align their schedules, work commitments, and removal arrangements. Often, it takes collaboration between solicitors and estate agents to bring everyone together and finalise dates.

Clear communication and experienced legal guidance can make all the difference in keeping a transaction on track.

If you are buying or selling as part of a property chain, Consultant Conveyancer Charlotte Davitt and the Residential Property team at Woodstock Legal Services can help ensure your transaction progresses as smoothly as possible. Just get in touch by contacting c.davitt@woodstocklegalservices.co.uk or by completing the form below.

Renters’ Rights Act 2025: Important Changes UK Landlords Need to Know in 2026

Mon, 09 Mar 2026 13:39:31 GMT

Introduction to the Renters’ Rights Act 2025 & What It Means for the Private Rented Sector

The private rented sector is set to undergo one of its most significant reforms in decades with the introduction of the Renters’ Rights Act 2025, due to come into force on 1 May 2026. The Act represents a major shift away from the assured shorthold tenancy regime that has governed private residential tenancies for many years.

The Renters’ Rights Act changes have been introduced to strengthen tenants’ rights and provide more security of tenure. At the same time, it fundamentally reshapes the way landlords manage and recover possession of residential property.

Consultant Solicitor Lorna Enukora , as part of our award-winning Landlord & Tenant team, provides an overview of the important changes to the Renters’ Rights Act.

Abolition of Section 21 ‘No-Fault’ Evictions

From 1 May 2026, Section 21 of the Housing Act 1988 will be abolished; this is undoubtedly one of the most significant changes to the Act. The Section 21 Notice has previously allowed landlords to recover possession of the property without having to establish fault or prove breach on the part of the tenant.

Once the Renters’ Rights Act comes into force, landlords will no longer be able to rely on Section 21 Notice to recover possession of their property. Instead, all possession claims will now proceed under Section 8 of the Housing Act 1988, requiring landlords to specify which Section 8 statutory grounds they rely on to evict a tenant.

Changes to Section 8 Possession Grounds

With the removal of Section 21, the sole route to possession will be under Section 8 of the Housing Act. This, therefore, means that a court hearing will be required in order to recover possession of property. The Renters’ Rights Act amends some of the existing statutory Section 8 grounds, including strengthened grounds for rent arrears, new grounds introduced where a landlord intends to sell the property, grounds where a landlord or close family member intends to occupy the property, and a revised notice period for certain grounds.

End of Fixed-Term Assured Shorthold Tenancies & the Move to Periodic Tenancies

Another important change is the end of the fixed-term assured short hold tenancies . All existing fixed-term tenancies will automatically convert to periodic tenancies, meaning they will roll from month to month (or in accordance with the rent payment period) with no fixed end date.

Removal of Break Clauses in Tenancy Agreements

Under the current assured shorthold regime, break clauses are often used to allow termination of the tenancy during the fixed term. As all tenancies will become periodic once the Renters’ Rights Act comes into force, fixed terms will no longer apply, and therefore break clauses will effectively fall away.

Tenants’ Rights to Keep Pets in Rented Properties

Tenants will have the right to request permission to keep a pet on the property. Landlords can no longer unreasonably refuse to grant a tenancy because the tenant has a pet. Landlords must consider such requests and cannot unreasonably refuse consent. The Act sets strict time limits for when the landlord has to respond to any requests, and any refusal must be objectively justified.

New Rent Payment Period Rules for Tenancy Agreements

All tenancies must provide for the rent to be paid for a period of 28 days or less, or a monthly rent period. Tenancy agreements providing for quarterly or 6-month rent payments will no longer comply with the new framework. Existing tenancies should therefore be reviewed and updated where necessary.

Rent Increase Restrictions Under the Renters’ Rights Act

Under the new regime, rent increases will be limited to once per year. Any proposed rent increases must be in line with the Section 13 procedure, which provides for at least 2 months’ notice to be given of the proposed rent increase. Tenants will have a right to challenge proposed rent increases in the First-tier Tribunal , where a determination will be made on the appropriate market rent.

Tenant Notice to Terminate

Tenants can terminate the tenancy by giving the landlord 2 months’ notice in writing. This provides tenants with flexibility and moves away from fixed-term contracts.

Private Rented Sector Database

The Act also introduces a new mandatory Private Rented Sector Database, which will operate as a national register of landlords and their rental properties. Landlords will be required to register both themselves and their properties on the database. This requirement is expected to come into force in late 2026.

Legal Advice for Landlords: Preparing for the Renters’ Rights Act Changes

The Renters’ Rights Act changes represent one of the biggest changes in the private rented sector. For landlords and investors, taking proactive steps now will be essential to ensure compliance with the upcoming changes, reduce risks and disputes.

Our property team advises landlords, investors, and managing agents on all aspects of residential tenancies, including possession, drafting and updating tenancy agreements, reviewing tenancy documents, arrears recovery and dispute resolution.

We can provide tailored, practical advice to ensure you are prepared for the new Renters’ Rights Act changes.

If you would like to discuss how these changes affect you or your property portfolio, please contact Lorna Enukora or a member of our Landlord and Tenant Team .

Employment Contracts & Directors’ Service Agreements: Important Differences & Practical Considerations

Thu, 05 Mar 2026 15:00:09 GMT

Employment contracts and directors’ service agreements are both fundamental documents within a business, but they serve different purposes and reflect different levels of responsibility. Understanding these differences, alongside the risks and practical considerations surrounding employment contracts more generally, can help businesses operate with greater clarity and protection.

What’s the difference between an employment contract and a director’s service agreement?

An employment contract is given to employees who, whilst having certain duties to their employer (such as loyalty and the tasks that they do), are not as heavily regulated as directors, who take on a lot of personal responsibilities for a company when they become a director.

A director’s service agreement respects that a director has duties such as being suitably able to represent the company, ensuring that their own interests or other people’s interests do not conflict with those of the company, that they are not influenced by others in their role, and demonstrating their independence in the decisions that they make, to name a few.

Therefore, whilst a director might be an employee of a company, they will also have greater duties and responsibilities than the average employee, and a director’s service agreement reflects that greater responsibility.

Why should small businesses avoid using ‘off-the-shelf’ employment contract templates?

Template or ‘off-the-shelf’ contracts are always a starting point and nothing more than that. That sort of contract will have been drafted with either someone else’s business in mind or with only the absolute basics in mind, whilst your contract should not be regarded simply as “something we must have”, but something that also works for your business.

If it is just a lot of printed words to you, then it likely isn’t saying what you need it to say, in addition to respecting your business and how it works.

What clauses should every employment contract include?

These are addressed in section 1 of the Employment Rights Act 1996 and include things such as an employee’s pay (and how to calculate it), how often they are paid, when their employment started, their days and hours of work, whether their working hours or days might change, how much holiday they have and how to take it, what other leave they are allowed to take (including sick leave), details relating to any pension that they might have (or might not have), how much notice the two of you might need to give to each other to bring the employment relationship to an end, and similar matters.

How can restrictive covenants protect your business after an employee leaves?

If they are drafted appropriately, considering your business and the real risks of damage to your business by an employee leaving, then restrictive covenants can be a very helpful source of protection.

However, if they are simply being put into an employment contract to scare your employees and/or to encourage them not to do certain things, then it is likely that they will not be legally enforceable. Therefore, the key is to ensure that any restrictive covenants that you are asking the employee to agree to are sensible and don’t go any further than you need to ensure adequate protection for your business (i.e. you aren’t simply telling them not to go and work for any competitor for a specific period of time after your employment has ended).

Can employment contracts be changed once they’re signed off?

Yes, although this must be done with the agreement of the employee or, if there is a restructure involving 20 or more employees in a group, in consultation through their trade unions or through employees who have been elected to represent them.

The law will also be changing in October 2026 to make practices of firing and rehiring employees on your preferred terms automatically unfair dismissal (i.e. the employee will be able to claim unfair dismissal no matter how long they have been in your employment and for potentially any sum of money that an employment tribunal decides to award to them). Your business will also have to show that the consequences of not making the changes would have caused the business to close.

What’s the legal risk of not having written employment contracts in place?

If an employee has any other claim (i.e. unfair dismissal, discrimination, that you’ve unpaid them, and others) and you have not given them a written contract, an employment tribunal can give the employee two or four weeks’ pay (depending on what the tribunal decides is fair) in addition to anything else that is owed to the employee.

Aside from this, not having written employment contracts in place can make it very difficult to run your business, from your employees not knowing what work they should be doing, not knowing which rules to follow, and perhaps making things difficult for you because they do not consider themselves to be bound by the rules, making it difficult to manage them and, if you have to, to dismiss them.

How often should employment contracts be reviewed or updated?

Every two to five years. This is because employment law is constantly evolving (it does this regardless of big changes like the Employment Rights Act 2025 due to smaller Acts of Parliament and regulations that are brought into force from time to time, and case law decided through the courts).

For example, we still see contracts that were hurriedly amended due to the COVID-19 pandemic, which now have no relevance, and which promise things that are equally irrelevant and which put employers at a disadvantage if they go unchecked.

How do probationary periods work in practice?

Probationary periods are really mini-review periods. Just as you should undertake regular appraisals of your employees to ensure that their performance and your support of them are on track, a probationary period applies in a very similar way, because it is still a two-way process.

Currently, and within reason, you can choose how long a probationary period should last, but the more junior the employee, usually the shorter the probationary period. As employees will be able to claim unfair dismissal after six months of employment from 1st January 2027, it is likely that most probationary periods will last for just under six months as a maximum (since more formal procedures will apply from the six-month mark onwards).

Should contractors and freelancers have different agreements from employees?

Absolutely. A contractor or a freelancer is usually not intended to be an employee or a worker, and, in that case, as one business will be contracting with another business, it is more usual to have some sort of contract for services in place (i.e. confirming that the person or business is offering you services, not offering services to others as your representative).

What happens if an employment contract conflicts with company policy?

This depends on how binding the company policy is. If the policy states that it is contractual (i.e. if the policy is in the staff handbook and is a contractual policy), an employee has the right to rely on whichever promises benefit them the most.

Say, for example, that their employment contract says that they do not receive company sick pay, but there is a contractual policy that applies to all employees, granting them company sick pay, then the employee would have the benefit of that company sick pay. This is because employees are automatically deemed by the courts to be in a weaker bargaining position compared to a business.

It is therefore important to ensure that your employment contracts and your policies complement each other, rather than conflicting with each other.

How Woodstock Can Help

If you need support regarding your employment contracts and directors’ service agreements to make sure you are protected and compliant, get in touch with Richard Hiron, Employment Law Consultant Solicitor, using the email r.hiron@woodstocklegalservices.co.uk or by completing the form below.

Don’t Sign Over Your Property: Landlord Legal Advice on Defended Possession Claims & Rent Arrears

Wed, 04 Mar 2026 10:57:46 GMT

Rent arrears, defended possession claims , and allegations of disrepair can leave even the most experienced landlords feeling overwhelmed, particularly where proceedings become drawn out and emotionally exhausting. Many landlords simply want resolution, stability and the ability to move forward without prolonged conflict.

In her latest insight, Consultant Solicitor Zoe Turner from our award-winning Landlord & Tenant Team shares the story of a case that highlights the real pressures landlords can face, and why seeking support from experienced landlord solicitors can make the difference between losing hope and protecting what you have worked hard to build.

The Case

Recently, Zoe settled a case that she describes as ‘genuinely keeping her awake at night’.

Her client is 82 years old. A landlord of over 35 years. A decent, kind, compassionate man who simply wanted peace.

Instead, they found themselves in a defended possession claim, facing a substantial counterclaim and the very real prospect of a protracted court battle they did not have the strength to endure.

And at one point, they told Zoe that they would rather hand their property to the tenant than go back into court.

When Long-Term Tenancies Become Legal Disputes

For over nine years, they rented his property to the same tenant. In this time, they:

Served the correct documentation.
Attended to repairs.
Maintained the property.
Built what they believed was a good relationship.
Showed patience when rent was late.
Showed empathy when told of bereavement, relationship breakdown, family struggles and mental health difficulties.

Rent would arrive late and sometimes not at all. Excuses followed. Promises were made and then subsequently broken.

When the landlord finally came to Woodstock , the arrears were significant. They were in their 80s, exhausted by the stress and simply wanted to sell the property and retire from being a landlord.

The landlord served a Section 8 notice relying on serious rent arrears (over two months). Before doing so, they attempted to negotiate. The response? Silence or more broken promises.

The landlords’ faith had gone.

Disrepair Counterclaims: A Common Defence Strategy

At the first hearing, the tenant spoke to the duty solicitor.

The first question tenant solicitors often ask in these scenarios is “Is there any mould? Any disrepair ?” A classic first line of defence. The judge adjourned the case to allow a formal defence and counterclaim to be filed. When it arrived, it was alleged to be in disrepair, mould and landlord neglect.

There was some mould in one bedroom, but:

No issues had ever been reported.
Access had been repeatedly refused for almost a year.
Even the gas safety inspection had been denied.
The tenant was, as later became clear, living in conditions that contributed to condensation and mould.
Disrepair was disputed, but crucially, so was notification.

The Emotional Toll of Defended Possession Proceedings

In court, Zoe’s client broke down.

They could not comprehend how a tenant he had supported for nine years could now bring what they believed to be a substantial and unfair counterclaim against them.

The tenant was funded by legal aid and was receiving Universal Credit housing support that was not being passed to the landlord.

They said to Zoe: “I don’t have the strength to fight this. I will just give them the property so I don’t have to go back into court.”

Those words have haunted Zoe since.

The court is intimidating. For many elderly landlords, it is overwhelming. They were being asked to defend themselves against allegations of neglect when they had never been notified of the alleged issues and had been denied access repeatedly. There was no evidence of the tenant ever letting the landlord know there were issues with the property.

Expert Evidence, Litigation Costs, and Landlord Fatigue

At the second hearing, the judge ordered both parties to instruct a surveyor and obtain expert evidence. Anyone who has litigated disrepair claims knows this is not inexpensive.

The landlord had nothing left to give, and they were on the verge of signing over the title deed to the tenant to make it all stop.

With a third hearing listed, Zoe decided we would not sleepwalk into another exhausting court appearance. She sent a robust letter to the other side.

They settled.

The matter concluded by agreement and surrender, without further attendance at court. When Zoe told her client, they cried in relief and joy. They did not have to fight anymore.

The Wider Reality Facing UK Landlords

Most landlords are not corporate investors. They are individuals. Many are elderly. Many rely on rental income as part of their retirement planning. Many act with compassion, sometimes to their own detriment.

This Case Highlights Difficult Realities

Access to the property can be repeatedly refused, yet allegations of disrepair later emerge. Where denied access is clearly evidenced, landlords may still be required to obtain costly expert reports to defend claims they were never given the opportunity to inspect or remedy.

When cases stretch beyond a year, and arrears spiral beyond recovery, it is difficult to argue that the court system is working effectively. What should deliver justice can instead prolong stress, loss and uncertainty.

Tenants’ circumstances can and do change. A tenant who has historically paid rent on time may experience unexpected financial difficulty, and in those situations, it is important that both landlord and tenant engage constructively to try to reach a resolution wherever possible.

That said, there are also instances where rent arrears arise without clear financial hardship, and where tenants make a decision to withhold rent. In those cases, landlords are entitled to seek appropriate legal remedies to protect their position.

Specialist Advice for Landlords from Woodstock Legal Services

If you are dealing with rent arrears, disrepair allegations, defended possession proceedings or wider landlord disputes, seeking support from experienced landlord solicitors can protect both your property and your peace of mind.

Our landlord lawyers understand the emotional and financial strain these situations create. We provide clear, practical landlord legal advice designed to resolve disputes efficiently while safeguarding your position.

To speak directly with Consultant Solicitor Zoe Turner in our award-winning Landlord & Tenant Team, please email z.turner@woodstocklegalservices.co.uk or complete the enquiry form below.

You do not have to face these challenges alone.

Staff Handbooks and HR Policies: Why Every Business That Employs Staff Needs One

Wed, 25 Feb 2026 13:54:39 GMT

For businesses that employ staff, staff handbooks and HR policies are an important part of setting expectations and ensuring clarity within the workplace. They provide the detailed rules and regulations for how you expect staff to behave in the business and what they can expect from you in terms of guidance on how to do their jobs. These things frequently require much more detail than can be included in an employment contract.

Richard Hiron , Employment Law Consultant Solicitor, shares what important factors go into staff handbooks, ensuring you are your business remains compliant whilst supporting a positive workplace culture.

What Policies Should Be Included in a Compliant Staff Handbook?

The policies included in a staff handbook will depend on the number of staff in the business. All businesses need to ensure that they have appropriate policies in relation to grievance and disciplinary procedures, as well as pension arrangements (although pensions are usually covered in an employment contract instead).

Where a business has five or more employees, they need a health and safety policy. For businesses with 50 or more employees and/or if a regulator requires it, they need to have a whistleblowing policy. Regulators or legal circumstances might also require businesses to have policies on matters such as data protection, IT and social media.

For a growing team, it is also important to have policies focused on family-related matters (for example, maternity leave, paternity leave, parental leave, shared parental leave, and bereavement leave), as well as policies for emergencies (for example, time off for dependants and carers’ leave).

How Often Should HR Policies Be Updated?

Every two to five years.

This is because employment law is constantly evolving (it does this regardless of big changes like the Employment Rights Act 2025 due to smaller Acts of Parliament and regulations that are brought into force from time to time, and case law decided through the courts).

For instance, some HR policies that we see still refer to COVID-19 and what to do in those circumstances in line with the rules that applied at the time, but which no longer apply, which is confusing for employees and workers.

Can a Staff Handbook Form Part of an Employee’s Contract?

Yes. This might happen either because the employer decides to make all or part of a staff handbook a contractual right, or because employees (usually through their trade unions or through employees elected to represent them) have negotiated for certain rights in the staff handbook to become contractual or not.

It is important to state in a handbook and/or in the individual policies whether they form part of an employee’s employment contract or not.

What is the Difference Between Contractual & Non-Contractual Policies?

A contractual policy applies as if it actually is part of an employee’s employment contract, which means that it can only be changed in limited ways, mainly by negotiating with the employee or people elected to represent them (such as another employee or a trade union, if enough other employees are also affected).

A non-contractual policy can be changed at the employer’s discretion, whilst an employer might consult with employees whilst doing that, or have obtained feedback from employees on how the policy might work better in the future, the change is not treated as being part of an employee’s employment contract.

It is important to state in a handbook and/or in the individual policies whether they form part of an employee’s employment contract or not.

How Should Small Businesses Handle Disciplinary & Grievance Procedures?

This should be done with reference to their disciplinary and grievance policies and as recommended by the Acas Code of Practice on disciplinary and grievance procedures, but also in a way that respects their own resources (such as the personnel available to them and their financial resources).

For instance, a small business simply might not have enough people who are unaffected by a complaint to handle a grievance or a disciplinary matter completely independently. Whilst they should consider whether it is feasible to source outside assistance to ensure that independence, they might have to rely on a person in the business who is the least affected by a complaint to make a decision.

In other words, it is a careful balancing act, but if the business can show that it logically had no other choice, an employment tribunal is likely to understand why that decision had to be made.

What Are the Risks of Not Following Your Own HR Policies?

In the short-term, you risk confusing and alienating your staff. In the worst cases, you leave yourself open to employment tribunal claims, particularly over conflicting approaches or even breaches of your disciplinary and grievance policies, especially where those breaches are Acas-accepted standards.

Employment tribunals can take these into account not only in unfair dismissal claims, but in others as well, such as claims of discrimination, breach of contract, and unlawfully taking deductions from your employees’ wages. For this, the employment tribunal can add up to 25% of compensation on top of what it awards to your employee if they have a successful claim.

How Can a Staff Handbook Support a Positive Workplace Culture?

Staff handbooks are often mistaken for simply being more formal. Alongside the rules and requirements, they are an opportunity to underline why your business exists, who it helps, how it helps them, and to set out your vision for the business so that your staff can share that vision and work towards it.

Yes, there are rules, but your staff handbook can also bring your staff onto the same page with you so that everyone understands why your business is doing what it does.

Should Remote or Hybrid Working Policies be Included?

These are usually policies that are added to a staff handbook voluntarily by a business. However, if remote and/or hybrid working is regular across the business or even the way that the business runs (such as if staff regularly or solely work from home), then it is sensible from a practical, legal and insurance perspective to have policies addressing that in your staff handbook.

How Can HR Professionals Use a Staff Handbook to Protect Their Clients?

Staff handbooks are essentially the ‘go-to’ for how the business continues to function through its staff. They can include the mission statement and functionalities of the business, but the rules are also crucial, because sometimes things can go wrong.

Forward-thinking and considering what might happen over the course of the existence of the business can help to future-proof the business through future-proofing the policies. In other words, if a staff handbook is being implemented purely as a form-filling exercise, something is going wrong, because the more personal the handbook is to the business, both practically and legally, the easier it will be to operate alongside those unfortunate things that can sometimes go wrong.

If you need legal support regarding your staff handbooks and other employment law advice. You can get in touch with Consultant Solicitor Richard Hiron , using the email r.hiron@woodstocklegalservices.co.uk or complete the form below.

When Tenants Blame the Ghosts: Rent Arrears, Fixed-Term Tenancies & a Paranormal Exit

Fri, 20 Feb 2026 10:49:32 GMT

Paranormal Exit

Working with landlords in the private rented sector , we see all sorts of reasons for rent arrears from job loss, relationship breakdowns, unexpected expenses, and the boiler “definitely” breaking (again).

But every so often, a case lands on your desk that makes you pause.

Recently, we were instructed by a landlord whose tenants had fallen into rent arrears during a fixed-term tenancy agreement. Nothing unusual there. The tenants were still within the fixed term of their tenancy agreement, and the arrears were mounting. We prepared to serve a possession notice and begin the process of recovering both possession and the outstanding rent.

Straightforward. Procedural. Textbook. Then came the twist.

Just as we were about to serve notice, the landlord contacted us with an update: the tenants had vacated the property. On the face of it, that might sound like a win. Vacant possession without the need for court proceedings? Excellent.

But the reason for leaving?

They had moved out because they believed the property was experiencing… paranormal activity.

Yes. Ghosts.

Now, we’ll leave the supernatural investigations to the professionals (or perhaps Netflix). From a landlord and tenant law perspective, the position was much less mysterious.

Fixed-Term Tenancies & Tenant Liability for Rent

When tenants enter into a fixed-term tenancy agreement , they are committing to pay rent for the duration of that term. Unless there is a valid break clause exercised, mutual surrender agreed by both parties, and some other lawful basis to end the tenancy early, the tenant simply deciding to leave does not bring the contractual obligations to an end.

Even if the reason is… otherworldly.

In this case, the tenants vacated the property during the fixed term with no break clause allowing early termination. That meant one thing: liability for rent did not magically disappear when they did.

The legal principle is simple. A tenancy is a binding contract; unless it is ended properly, the tenant remains responsible for the rent.

Ghost sightings are not (currently) recognised as a statutory ground for early termination of a tenancy.

From Possession Proceedings to Rent Arrears Debt Recovery

Because the tenants had already vacated, possession proceedings were no longer required. The landlord did re-let the property to mitigate any further losses; however, the rent arrears remained outstanding, and our landlord instructed us to pursue the former tenants for recovery of the debt .

It’s a common misconception that tenants physically moving out ends financial responsibility. It doesn’t. The main issue is whether the tenancy has been legally terminated and, if a tenant leaves the property, whether the landlord has accepted that surrender and taken back possession.

The Takeaway for Landlords Facing Early Tenant Departure

For landlords, this case highlights several important points:

If tenants leave during a fixed term without proper notice, do not assume the matter ends there.
Early departure does not automatically release a tenant from liability for rent arrears.
Landlords should seek legal advice if they are unsure whether a tenancy has ended, to avoid exposure to an unlawful eviction claim.
Every situation turns on the specific facts, but the law is generally clear: contractual obligations continue unless lawfully brought to an end.

And As for the Ghost…

We are pleased to report that we were able to take steps to recover the outstanding sums.

However, should paranormal activity ever be legally recognised as a co-tenant, we may need to consider whether the spirit in question should be joined to proceedings.

After all, if the ghost is the one occupying the property… perhaps it should start contributing to the rent.

Until then, unfortunately for departing tenants everywhere, the law remains firmly grounded in reality.

How Woodstock Can Help

Whilst our award-winning Landlord and Tenant team can’t expel a ghost from your property, they can support with possession proceedings, rent arrears debt recovery, and everything in between.

For expert legal advice from our experienced Landlord and Tenant team, please contact contact@woodstocklegalservices.co.uk or by completing the form below.

Private Rented Sector Possession Trends: Quarter 4 2025

Tue, 17 Feb 2026 11:28:49 GMT

The latest possession statistics for October to December 2025, published by the Government , provide a clear snapshot of the number of landlord possession claims in the county courts in England and Wales.

For landlords and managing agents, these figures are not just retrospective data. They are indicators of risk, pressure and opportunity. When reviewed properly, they allow portfolio performance to be measured against the wider market and, crucially, help inform strategy.

Although the statistics are published one quarter in arrears, comparing them to the same period in 2024 gives us a meaningful picture of the direction of travel within the private rented sector .

Fewer New Claims, But More Repossessions

In Quarter 4 2025:

21,458 landlord possession claims were issued (down 11% year-on-year).
Possession orders fell by 8%.
Warrants of possession dropped by 12%.
However, repossessions carried out by county court bailiffs increased by approximately 3%, with 7,254 properties recovered.
Accelerated claims are down 11% compared to the same quarter in 2024.

Fewer new claims are being issued, but existing cases are continuing to filter through to enforcement. It's not yet possible to conclude whether the most recent quarterly decline in cases/accelerated claims represents a typical seasonal fluctuation or an early behavioural response to the forthcoming implementation of the provisions of the Renters’ Rights Act on 1 May 2026 relating to abolishing section 21 Notices and the introduction of periodic tenancies.

The Private Rented Sector Share Remains Significant

Around 32% of landlord possession claims in Q4 2025 were brought by private landlords. While overall landlord claims reduced, the private rental sector continues to represent a substantial portion of activity.

London Continues to Lead the Statistics

Unsurprisingly, London boroughs dominate the regional breakdown. Private rented sector claims per 100,000 private rented households were highest in the London Boroughs of Barking and Dagenham, Enfield and Newham. Redbridge and Thurrock also rank high for repossession rates.

Accounting for Delays

The median time from claim to repossession is now 27 weeks, two weeks longer than the same quarter last year.

From a commercial perspective, this is one of the most significant statistics in the report.

Twenty-seven weeks can mean:

Nearly seven months without rental income.
Mortgage and service charge liabilities continue.
Increased arrears exposure.
Delayed ability to re-let or restructure assets.

In real terms, delay translates directly into financial loss. For landlords, this highlights an important reality: once a matter enters the court system, the timeline is rarely quick.

This is precisely why early strategic action is critical. Avoidable errors in notices, pleadings or evidence can reset timelines entirely. In a system already operating at close to half a year from start to finish, any misstep is costly. Preparation and compliance are therefore crucial, not optional.

Looking Ahead: A Changing Legal Landscape

The Renters’ Rights Act is the most significant shake-up to the private rented sector in decades, and its true impact on possession statistics and court timelines will only become clear as the new law takes effect and cases progress through the courts.

We expect increased court delays, driven by the requirement for hearings in all claims, as well as a rise in litigation as test cases emerge and the new legislation is interpreted through the courts. The full impact is unlikely to be fully reflected until late-2026/2027 data becomes available.

Landlords who prepare early will be materially better positioned than those reacting retrospectively. Ensuring that notices are compliant and that cases are properly prepared and presented significantly reduces delay risk and mitigates financial exposure.

As the regulatory framework tightens and court timelines extend, securing experienced legal support from the outset should be viewed as a portfolio protection strategy, rather than a reactive or purely defensive measure.

How Woodstock Can Help

If you have any queries about private rented sector possession proceedings, landlord compliance, or the impact of the Renters’ Rights Act 2025, our award-winning Landlord and Tenant team can help. To get in touch, email contact@woodstocklegalservices.co.uk or complete the form below.

Woodstock Legal Services offers tailored advice to help landlords and tenants understand changes in housing law with confidence and clarity.

Settlement Agreements Explained: A Guide for Employees and Employers

Thu, 12 Feb 2026 12:46:58 GMT

A settlement agreement is a common feature in UK employment law , but it can be confusing for both employees and employers. In his latest insight, Employment Law Consultant Solicitor Richard Hiron helps you to understand what these agreements mean, when they are used, and how approaching them is important to ensuring a fair and legally compliant outcome.

What is a Settlement Agreement & When is it Used?

A settlement agreement is an official legal document that brings any potential claims you might have against your employer to an end, usually in exchange for compensation.

These agreements are most often used when someone is leaving their employment, such as in a redundancy situation, but they can also apply when an employee remains in their role, and both sides wish to resolve a complaint or change in circumstances.

Do You Need a Solicitor to Sign a Settlement Agreement?

Yes. For a settlement agreement to be legally binding, the employee must receive independent legal advice. This advice must come from a solicitor with a current practising certificate who has not acted for the employer in relation to the agreement or the events leading up to it.

Without this independent advice, the settlement agreement will not be valid or enforceable.

What Should Employees Look Out For?

When signing a settlement agreement, you are often giving your employer a number of important assurances. These include not bringing certain claims against them in the future and confirming that their understanding of events is accurate, for instance, that you have not committed an act of gross misconduct .

While employment solicitors are not tax advisers, it is also essential to check that the wording about tax correctly protects you, especially if you are receiving a payment that is meant to be non-taxable.

Can the Amount of the Offered be Negotiated?

Yes, absolutely. A settlement agreement is voluntary, so you do not have to accept the first offer. If the amount offered isn’t satisfactory, you can go back to your employer to ask questions and propose a higher figure before signing.

Of course, negotiation outcomes depend on both parties, and there are no guarantees of an increased offer, but asking can give you peace of mind.

How Quickly Can a Settlement Agreement be Finalised?

According to Acas , employees should be given at least 10 calendar days to consider and receive legal advice on a full written settlement agreement. This is the recommended timeframe in most circumstances.

Some situations may move faster where employees and employers agree to disregard the 10-day calendar approach, but employees should not be placed under undue or inappropriate pressure to sign.

What Happens if Someone Refuses to Sign?

If you decide not to sign, the settlement agreement is treated as if it does not exist. Unless your employer has behaved particularly badly in offering it, you cannot rely on the agreement or its offer as evidence in a court or tribunal.

Your employer might continue with an internal process, which could result in your employment ending, but you would still retain your right to bring a tribunal or court claim.

It’s also worth remembering that if you take legal advice but do not sign the agreement, you will usually need to pay your solicitor’s fees yourself. Employers typically only cover legal fees if the settlement agreement is completed.

Can an Employer Offer a Settlement Agreement Without Performance or Conduct Issues?

Yes. Settlement agreements do not require performance or conduct issues to exist. One of the most common uses is in redundancy situations, especially voluntary redundancies, where employees can elect to leave with an agreed compensation package rather than go through the uncertainty of a redundancy process.

How much compensation should you expect?

Compensation under a settlement agreement varies from case to case. Factors such as conduct, performance, and redundancy situations can all influence the amount offered. Employers often calculate offers based on what they think an employment tribunal would award. If an employee has contributed to their dismissal, that may reduce both a potential tribunal award and the settlement figure.

Are Settlement Agreements Confidential?

Yes, settlement agreements are generally confidential documents. This confidentiality protects both the employer’s and the employee’s reputations. However, there are exceptions, such as whistleblowing situations, communications with HMRC , or legal proceedings involving a breach of the agreement, where disclosure may be necessary.

How can a solicitor help employers draft fair and compliant settlement agreements?

Settlement agreements are intended to protect employers both now and in the future. Using an outdated template or a generic approach can leave your business exposed.

A solicitor can help ensure your agreement is tailored, fair, and legally sound, clearly addressing the specific circumstances, the employee involved, and any potential claims. A well-drafted, bespoke settlement agreement offers the best protection and peace of mind for all parties.

If you need support regarding your settlement agreements to make sure you are protected and compliant, get in touch with Richard Hiron , Employment Law Consultant Solicitor, using the email r.hiron@woodstocklegalservices.co.uk or by completing the form below.

Property Buying and Selling Advice for Every Situation – Expert Tips from a Residential Property Solicitor

Thu, 29 Jan 2026 14:33:06 GMT

Buying or selling a property in the UK is exciting, believe it or not. One minute you’re planning where the sofa will go, and the next you’re knee-deep in forms, searches, and wondering why something “simple” seems to take forever.

Iftakhar Ahmed shares straightforward, no-nonsense advice based on what he sees every day as a Residential Property Consultant Solicitor. No jargon, no guesswork, just clear, practical tips to help you move through the process smoothly and with confidence.

Buying a Property? The Bits People Don’t Always Tell You

When you’re about to hand over a small fortune to buy a property, you deserve to know what really matters. From first viewing to completion day, your solicitor’s job isn’t just paperwork; it’s about protecting your investment and ensuring you’re not buying into hidden problems.

It’s a solicitor’s job to check that your hard-earned money isn’t going into a money pit. That includes reviewing the title, searches, contracts, and any potential risks that could affect your ownership.

You’ll also need to complete Source of Funds and Identity checks . These aren’t personal; they’re part of strict Anti-Money Laundering (AML) regulations designed to keep property transactions safe and transparent. Think of it as a layer of protection for everyone involved, including you.

Selling Your Property? How to Keep Things Moving

Selling a property can be just as stressful as buying one, but it doesn’t have to be. Most delays during a sale are completely avoidable with a bit of preparation.

You can speed things up by completing your property forms accurately and having all your certificates, guarantees, and warranties ready from the start. Buyers’ solicitors will almost always ask for documentation, such as the electrical certificate from work you had done three years ago or the building regulation approval for that extension.

By being proactive, you help prevent your sale from becoming “one of those transactions” that drag on for months. A little organisation goes a long way when it comes to property sales.

First-Time Buyers? No Jargon, No Silly Questions

Buying your first home is exciting, but it can be overwhelming. You’re expected to understand a process you’ve never done before, which hardly seems fair. That’s why the solicitor’s role should be to explain everything in plain English and encourage clients to ask anything, no matter how small it seems.

Think of them as your guide through the maze of conveyancing, from making an offer to receiving your keys. Solicitors make sure you understand every step, from mortgage offers and searches to exchange and completion. There’s no such thing as a silly question when it comes to buying your first home.

Leasehold & New Build Properties? What You Really Need to Know

Not all properties are created equal. Leasehold and new build properties come with extra layers of complexity that you should understand before signing anything.

For leaseholds, solicitors flag up details about service charges, ground rent, lease length, and management company responsibilities, because these can make a big difference to your long-term costs and flexibility.

For new builds, solicitors review developer incentives, warranty schemes, and completion deadlines to make sure you’re getting what you’ve been promised. They’ll also help you spot red flags that could cause issues down the line.

Chains, Delays & “Why Is This Taking So Long?”

If you’re buying or selling a property in the UK, you’ve probably heard about “the chain.” Chains collapse, searches take longer than expected, and sometimes people go quiet at the worst possible moment. It’s all part of the reality of conveyancing.

The key is communication. Working closely with your solicitor and estate agent can help you stay ahead of potential problems. Often, a simple update or quick call between professionals can be the difference between a deal proceeding or falling through.

Remortgaging & Transfers of Equity? Property Law Without Moving House

Not every property transaction involves boxes and removal vans. Many homeowners remortgage every few years to secure a better rate or release equity. Others may need to add or remove someone from the property title, known as a Transfer of Equity.

These are still legal transactions and need to be handled correctly to protect your interests. Solicitors can help ensure the process runs smoothly, so your new mortgage or title change doesn’t come with unexpected complications later on.

Why This Advice Comes from Experience, Not Google (or ChatGPT!)

Your home isn’t a DIY project, and your legal advice shouldn’t come from a search engine. Conveyancing is increasingly done remotely these days, meaning most clients don’t need to meet their solicitor in person (although they’ll usually see you via a secure video call for ID verification).

Everything solicitors share here is based on real experience, acting for UK buyers and sellers every single day. A solicitor’s goal is to make your property journey as smooth and stress-free as possible, no matter your situation.

If you’re buying, selling, or remortgaging and want clear, proactive legal advice from a real person, get in touch with Iftakhar Ahmed today by email at iftakhar@woodstocklegalservices.co.uk or by completing the form below.

Understanding Landlord Possession Trends: What the Latest Data Means for Landlords and Tenants

Tue, 16 Dec 2025 10:42:59 GMT

Having a clear understanding of current landlord possession trends is crucial for anyone involved in the private rental sector. These figures shed light on the realities facing both property owners and tenants, from the impact of new legislation to how quickly the courts are processing cases. In her latest insight, Sharfaa Kerkache , Landlord and Tenant Team Leader and Solicitor at Woodstock Legal Services, explores what the latest Ministry of Justice data reveals about possession actions in England and Wales, and what landlords and tenants should be doing in response.

Why Tracking Landlord Possession Data Matters

Possession data reflects the state of the rental market, enforcement activity, and broader economic pressures. The Ministry of Justice publishes quarterly statistics on possession actions in England and Wales, providing valuable insight into claims, court orders, warrants, and actual repossessions.

Monitoring these figures helps landlords plan for potential delays, budget for enforcement, and stay compliant with the evolving legal landscape. For tenants, they offer a window into how the courts are handling cases and what protections may be strengthened over time.

Important Findings from July to September 2025

Decrease in New Possession Claims

Recent data shows a noticeable decrease in new possession claims . One possible reason is that landlords and tenants are finding better ways to resolve rent issues without going straight to legal action. Repayment plans, open communication, and mediation services seem to be becoming more common, helping both sides avoid the stress and cost of court proceedings.

This shift could also be due to a growing awareness of pre-action protocols, which encourage landlords to explore alternatives before filing a claim. For tenants, it’s a reminder that early engagement matters. Speaking to your landlord or seeking advice as soon as arrears arise can make a big difference.

Orders and Warrants Also Down

The data suggests that there has been a 5% decrease in the number of court orders, from 19,238 to 18,283, and a 4% drop in warrants, from 11,826 to 11,405, between July and September 2025. This may indicate that it’s taking longer for possession cases to be processed through the courts.

The average time for a possession order to be granted from the point of issuing a claim has increased from 24.4 to 27.4 weeks, and the time taken for a warrant of possession to be issued has also risen. Several factors may explain these shifts:

Court backlogs: Delays in the judicial system continue to affect timelines, meaning cases take longer to progress from claim to enforcement.

Alternative solutions: Landlords may be resolving disputes before reaching the warrant stage, perhaps through repayment agreements or mediation.

Impact of new legislation: W ith the Renters’ Rights Act 2025 introducing stricter rules and abolishing “no-fault” evictions, landlords might be more cautious about starting or pursuing claims.

For landlords, this data highlights the importance of early communication, detailed documentation, and patience as the courts adapt to new legislation.

Repossessions on the Rise

Interestingly, while possession claim timelines have lengthened, enforcement of already obtained possession orders has actually increased by 9%, climbing from 7,036 in July-September 2024 to 7,641 in July-September 2025. This shows that once landlords do obtain possession orders, they are acting more decisively to enforce them.

County Court bailiffs are carrying out more evictions, demonstrating that landlords who have completed the legal process are determined to regain their properties.

There are a few reasons behind this trend. Some tenants may still be struggling with persistent arrears, leaving landlords with little choice but to enforce. Others may feel more confident that once they reach the repossession stage, court and bailiff activity will proceed more efficiently as older cases are cleared.

Landlords should therefore plan for enforcement costs and timelines, while tenants are reminded that ignoring arrears can lead to eviction. Early communication and seeking advice remain key steps in preventing possession proceedings.

The Impact of the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 , which received Royal Assent on 27 October 2025, represents one of the most significant reforms to the private rental sector in decades. The abolition of Section 21 evictions means landlords can no longer remove tenants without a valid reason. Instead, all possession claims must rely on statutory grounds under the revised Section 8 regime .

This legislative change is designed to give tenants greater security, but it also means landlords must provide clear evidence for any possession claim, whether due to persistent arrears, anti-social behaviour, or the landlord’s intention to sell or reoccupy the property.

The Act also introduces:

Rolling periodic tenancies, replacing fixed-term agreements.
A limit of one rent increase per year, requiring at least two months’ notice.

These measures will likely reduce the total number of possession claims overall, but they could also lengthen timelines as courts handle more complex and evidence-heavy cases. For landlords, this means adapting to stricter compliance requirements and planning ahead for potential delays. For tenants, it offers stronger protections and more flexibility.

Looking Ahead: Why Monitoring Possession Trends Matters

With economic pressures, court delays, and new legal standards continuing to reshape the rental market, keeping a close eye on possession statistics has never been more important.

For landlords, understanding these trends allows for proactive management, anticipating longer timelines, complying with stricter requirements, and engaging in dialogue with tenants before pursuing legal action.

For tenants, monitoring possession trends can help identify when enforcement activity is rising and when to seek advice early. Both parties benefit from awareness and preparation.

Practical Tips for Landlords

Act early on arrears: Engage with tenants as soon as arrears arise. Early communication can prevent escalation to court proceedings and maintain goodwill.
Document everything: Keep clear records of rent schedules, correspondence, and any agreements. This will strengthen your position if legal action becomes necessary.
Consider alternatives: Explore repayment plans or mediation before issuing a claim. Courts expect landlords to follow pre-action protocols wherever possible.
Prepare for delays: With median timelines now exceeding 27 weeks, factor potential delays into your business planning and financial forecasting.
Stay informed: Keep up to date with legal reforms and guidance from trusted sources such as Woodstock Legal Services’ landlord and tenant insights, ensuring you remain compliant and protected.

Specialist Advice from Woodstock Legal Services

If you have any queries about possession proceedings, landlord compliance, or the impact of the Renters’ Rights Act 2025, our specialist team can help.

For expert legal advice from experienced landlord and tenant solicitors, please contact Sharfaa Kerkache , Landlord and Tenant Team Leader and Solicitor, by emailing contact@woodstocklegalservices.co.uk or completing the form below.

Woodstock Legal Services offers tailored advice to help landlords and tenants understand changes in housing law with confidence and clarity.

7 Tips on Managing Menopause in the Workplace

Tue, 09 Dec 2025 14:32:45 GMT

In his latest insight, Employment Law Consultant Solicitor Richard Hiron investigates how employers can better understand, manage and support menopause in the workplace. Menopause can be a challenging time for those experiencing it, and colleagues need to be understanding and supportive within the workplace.

With less than one in five UK working women aged between 40 and 60 saying that they have not experienced any symptoms related to acclimatising to menopause (as quoted in the CIPD’s October 2023 report– “Menopause in the Workplace” ), employers must be prepared for at least 80% of women or people registered as female at birth in those age brackets (and perhaps more) to experience menopause during their career.

Some may not experience significant symptoms, or may not experience any symptoms at all, but it would be wishful thinking to rely on that as being standard for all workers and employees in your business.

With such overwhelming odds at play, we thought we would provide seven practical tips to help guide you through what you might be thinking of as a minefield.

1. You're in This Together

Often, we see a ‘them and us’ approach on both sides of the employment relationship when it comes to menopause.

Having a workplace atmosphere where honest and open conversations with management are discouraged will make this more of a challenge for you, as the health impact of menopause is likely to be concealed by staff. This could cause potential performance management or dismissal. Both of which could expose you to potential claims of unfair dismissal or discrimination , which you might lose.

It’s important to remember that menopause is not the employee’s or worker’s fault. It is something that happens naturally, and even though it may be frustrating for both sides, it is a journey of understanding that you are on together.

Encouraging open and transparent conversations on both sides of the employment relationship will make this process easier for everyone involved.

2. Adjustments or Reasonable Adjustments?

To claim reasonable adjustments, an employee or worker must be able to show that they have a disability or are likely to be considered disabled. When we talk about disability here, we mean the legal definition, which we explain below.

At the moment, the law is still developing in terms of how menopause is treated in the workplace. Although menopause can sometimes give rise to questions around sex or age discrimination , most legal discussions currently focus on whether its effects meet the criteria for a disability. There may still be circumstances where sex or age discrimination claims are appropriate, but these are not usually the main route considered.

Menopause is not automatically a disability, because under section 6(1) of the Equality Act 2010 , a condition must:

Be a physical or mental impairment.
Have a substantial negative effect.
Have a long-term negative effect.
Impact a person’s ability to carry out normal day-to-day activities.

Breaking this apart:

Physical or mental impairment: Menopause is likely to satisfy this requirement, given that it can have both physical and mental effects.

Substantial negative effect: To put this into context, this focuses on a person’s quality of life; if they were able to lead their life largely unaffected before, but now that they are experiencing menopause, their quality of life has significantly reduced, then this is likely to meet this threshold. If symptoms significantly reduce a person’s ability to function day-to-day (for example, memory loss affecting driving or concentration), this may meet the threshold.

Long-term negative effect: The symptoms must last or be expected to last for a significant period of time or longer. If they resolve quickly, they are unlikely to meet the legal definition. For instance, if a bus driver experiences severe symptoms from menopause, but those symptoms and their impact resolve themselves within a few weeks or months, the bus driver will not have a disability in the legal sense.

Impact on day-to-day activities: Lastly but crucially, this extends beyond the workplace. If someone struggles with household tasks, driving, or social interactions, menopause may be considered a disability. However, if the employee or worker has trouble looking at a screen at work but has no difficulty sitting watching television at home or working on their home computer, or a similar device, then they may not have a disability in the legal sense.

All four of these criteria must be met for an employee or worker to be considered legally disabled.

That said, making adjustments for staff experiencing menopause is still considered good practice, even if they don’t meet the legal definition of disability. Small, practical steps like providing a desk fan, allowing more flexible breaks, or showing understanding when symptoms affect timekeeping can make a difference to someone’s working day.

Offering adjustments (without formally labelling them as ‘reasonable adjustments’) also supports good health and safety practices and helps maintain a positive working relationship. It’s worth remembering that issues can still lead to complaints or claims if the employment relationship breaks down, even where discrimination isn’t the basis of the claim.

3. Risk Assess, Risk Assess, and Then Risk Assess Again

Risk assessments can be one of your greatest friends and one of the greatest allies to your staff when it comes to supporting those experiencing menopause.

Think of them as your early warning system. Monitoring temperature, first aid access, fall hazards, emergency procedures, and even informal social interactions can all contribute to a supportive environment.

This is just as relevant for the wider workforce as it is for individuals experiencing menopause. Risk assessment and developing appropriate training ensure everyone knows how to respond to disruption or emergencies, keeping your team aligned and reducing your practical, legal, and financial risks.

4. Transgender Bias

Earlier, we referenced sex discrimination in the context of menopause. It’s important to recognise that this does not only apply to women but also to:

A transgender man (a man whose sex at birth was recorded as female)
A transgender woman (a woman whose sex at birth was recorded as male)

Transgender men may experience, or be perceived as experiencing, menopause-related symptoms. Transgender women may experience, or be perceived as experiencing, symptoms that are not unlike menopause. Unfair treatment linked to this could amount to discrimination.

Providing appropriate training can help ensure your organisation takes reasonable steps to prevent harassment or bias. This includes helping staff understand gender awareness in the workplace, taking reasonable steps (and soon to be all reasonable steps, which is currently anticipated to be the case from October 2026 ) to prevent sexual harassment, and ensuring staff are protected from harassment by third parties such as customers or suppliers.

5. Don’t Forget Your Other Staff

While supporting a staff member experiencing menopause is important, it’s equally essential to balance their needs with those of the wider team. Focusing solely on one individual, without considering the impact on others, can unintentionally create challenges such as health and safety concerns, a loss of trust, or even staff retention issues.

A practical example can help bring this to life. You may not always be able to adjust the temperature in your workplace - perhaps it’s centrally controlled by your landlord, or lowering it would make the environment uncomfortable for other staff or building users. In these cases, rather than changing the temperature for everyone, you might explore whether specific areas of the premises could be kept cooler, giving affected staff the option to work in more comfortable spaces. Alternatively, flexible working arrangements, such as homeworking, where someone has greater control over their environment, may offer a fair and practical solution.

Simple, thoughtful adjustments like these can help support the individual while maintaining comfort and fairness across your team.

6. Prepare for Formal Reporting

In its 2024 General Election manifesto , the Labour Party stated that “Women’s equality will be at the heart of our mission.”

Part of this includes gender pay gap reporting and extends to supporting employees going through menopause. Employers with 250 or more staff may be required to report on these issues annually from 2027, but smaller organisations can choose to do so voluntarily.

Voluntary reporting can help smaller businesses demonstrate transparency, attract candidates, and enhance their reputation for inclusivity.

Future regulations under the Employment Rights Bill are expected to set out:

The specific content that is required in gender action plans (including for menopause support).
How those plans or the information included in them are to be published (for example, the format that those plans should take or the way that they should be submitted).
When and how frequently a plan or the information contained in it should be published or updated.
What requirements are needed for senior approval (such as from the board of directors) before an equality action plan or information related to one is published.
A description of the employer, the employee, and the information contained in the plan.

Even if you fall below the threshold, conducting internal reviews can help shape your organisation’s approach and promote a positive workplace culture.

7. Advice and Guidance

Trying to manage all of this alone can be challenging, especially as it involves people management, medical considerations, legal obligations, and health and safety. These areas overlap closely, each influencing the other, so it’s important that your HR, legal, and occupational health teams communicate effectively.

For example, if you receive medical advice on how best to support an employee experiencing menopause, HR will need to understand how to put that advice into practice, and your employment lawyer can help you assess any wider organisational risks.

Approaching these issues without coordinated guidance or a clear view of the bigger picture can create more problems than it solves, so make sure you have the right professional support in place.

Specialist Advice from Woodstock Legal Services

Are you struggling with how to adapt to the impact of menopause in your workplace?

At Woodstock Legal Services , we offer practical, commercially sound advice tailored to your business’s needs. Richard Hiron , our experienced Employment Law Consultant Solicitor , regularly advises UK employers on how to better understand the challenges that medical conditions can present in the workforce and frequently speaks on the impact of menopause on staff and employers alike.

Alongside this, we also recommend revisiting Tip 1 above for a reminder of who not to lose sight of in all of this.

Email Richard directly at r.hiron@woodstocklegalservices.co.uk or complete the contact form below to arrange a free initial discussion.

Tree Protection in the UK: Legal Responsibilities for Landlords, Property Owners and Developers

Tue, 02 Dec 2025 14:30:39 GMT

We have just passed National Tree Week , beginning on 22 November 2025, celebrating and promoting the wonder of the United Kingdom’s tree life. In her latest insight, Commercial Property Consultant Solicitor, Philippa Shire , explores tree protection in the UK, landlord responsibilities for trees, and biodiversity and planning regulations connected to legal obligations as property owners, developers, and investors.

National Tree Week: A Celebration with Legal and Environmental Roots

Now in its 50th year , National Tree Week marks the start of the winter tree planting season. At this time of year, young trees are dormant and therefore experience the least stress when being placed in their new homes. This gives them the best chance of thriving into maturity, bringing vital wellbeing, biodiversity, and environmental benefits.

A single British oak tree can support more than 2,000 species of plant and fungal life. Trees also act as carbon stocks and sinks, removing CO₂ from the atmosphere. The ecological and social importance of trees is clear, but what about their legal protection?

Understanding Tree Protection Laws in the UK

There is a wide range of legislation and policy considerations governing the management and protection of trees across the UK. These laws touch on planning, conservation, forestry management rights (such as tree felling), and broader environmental protection measures.

Important pieces of legislation include the Wildlife and Countryside Act 1981 , which allows for Tree Preservation Orders (TPOs) to protect individual trees, groups of trees, or woodlands considered important to the local environment. Cutting down, topping, lopping, uprooting, or wilfully damaging a protected tree without consent can lead to substantial fines and enforcement action.

In addition, broader planning and conservation laws set out minimum biodiversity and conservation requirements , including those protecting vulnerable or endangered species. Local authorities often require ecological assessments before approving development, especially where trees may provide habitats for protected wildlife.

Landlords' Responsibilities for Trees on Their Property

For landlords and property owners, tree management is more than a matter of aesthetics; it’s a legal obligation. Under common law , landlords owe a duty of care to ensure that trees on their property do not pose a risk to tenants, neighbouring land, or the public.

Regular inspections and maintenance are essential. Landlords may be held liable if a tree causes injury or damage and they were aware (or should reasonably have been aware) of its condition. This includes cases of overhanging branches, falling limbs, or root damage affecting neighbouring land or structures.

Where Tree Preservation Orders are in place, landlords must seek local authority permission before carrying out pruning or removal. Failure to do so can result in criminal liability. In addition, landlords should be mindful of boundary disputes caused by trees , particularly when roots or branches encroach onto neighbouring properties.

If roots damage foundations or pavements, or if branches obstruct light, disputes can escalate quickly. In such cases, landlords should seek specialist legal advice to clarify their responsibilities and rights under property and environmental law.

Boundary Disputes Caused by Trees: A Growing Issue

Boundary disputes arising from trees are among the most common neighbour disagreements in the UK. Whether the issue involves encroaching roots, overhanging branches, or disputes about ownership, understanding your legal position is essential.

While common law allows a neighbour to trim encroaching branches up to the boundary line, they cannot trespass onto another’s land or damage a tree protected by a TPO . Moreover, the arisings (branches or fruit) technically belong to the tree’s owner and must be offered back.

For landlords and property owners, these issues often sit at the intersection of property, environmental, and planning law. Taking legal advice early can prevent small disagreements from turning into costly disputes, especially where structural damage or alleged nuisance is involved.

Biodiversity and Planning Regulations in the UK

As environmental policy evolves, UK biodiversity and planning regulations are becoming increasingly significant for property owners and developers.

Recent updates to planning frameworks mean that biodiversity net gain, the requirement to leave habitats in a measurably better state than before development, is now a legal requirement for most developments in England. Developers must consider trees, hedgerows, and green spaces within their biodiversity strategies and ensure compliance with local authority expectations.

Many institutional investors also set voluntary biodiversity targets. These targets can cascade through development agreements, meaning landlords and sometimes tenants must comply with and report on biodiversity performance. With upcoming UK sustainability standards , tree management and ecological protection will become increasingly linked to corporate responsibility and compliance .

The Connection Between Law, Policy and Our Emotional Relationship with Trees

At Woodstock Legal Services , we operate daily within these policy and regulatory frameworks, but like everyone else, we also live with trees in our everyday lives. They line our gardens, parks, fields, and streets , forming a constant and calming presence.

This emotional connection is not separate from law and policy; it underpins why these regulations exist. As wildlife photographer Vincent Munier reflects in his documentary Whispers in the Woods, “You cannot mingle long with trees and not become merged with them.” His message captures the essence of National Tree Week , a moment to celebrate our natural surroundings while acknowledging the practical measures that ensure trees are protected for generations to come.

How Property Owners and Landlords Can Participate in National Tree Week

National Tree Week is an opportunity not only to plant trees but to understand how the legal framework supports their management and protection.

Property owners, developers, and landlords can take part by:

Reviewing thei r tree management and maintenance plans.
Checking whether trees on their land are subject to Tree Preservation Orders.
Considering biodiversity enhancement measures on their sites.
Seeking legal advice before making alterations that might affect protected trees or habitats.

Participation goes beyond celebration; it’s about recognising that tree protection in the UK is both an environmental and legal responsibility.

Specialist Advice from Woodstock Legal Services

If you are a landlord, property owner, or developer seeking advice on tree protection laws, landlord responsibilities for trees, or boundary disputes caused by trees, our team can help.

Contact Philippa Shire , Commercial Property Consultant Solicitor at Woodstock Legal Services, for expert guidance on tree-related property and environmental matters.

Email: p.shire@woodstocklegalservices.co.uk or complete the contact form below to speak with a member of our specialist team.

Understanding ‘Disrepair’ in UK Property Law

Tue, 25 Nov 2025 10:37:48 GMT

Having a clear understanding of what constitutes disrepair is essential for any landlord or property professional. Whether managing a single dwelling or a large rental portfolio, knowing when your legal responsibilities begin and end can prevent costly disputes and safeguard your investments. In this insight, Lorna Enukora , Landlord and Tenant and Property Litigation Consultant Solicitor, explains what disrepair means in UK property law, when a landlord becomes legally responsible, and provides practical guidance to help avoid housing condition claims.

What is Disrepair?

In UK property law, disrepair refers to when the condition of a property, or one of its components, has deteriorated and is in a worse condition than it originally was. It can also mean that the property or item is no longer up to the required standard.

Tenants have a right to bring a housing condition claim , commonly referred to as a disrepair claim, against their landlord if the property is found to be in disrepair, particularly where it affects their health, safety, or enjoyment of their home. For landlords, understanding what amounts to disrepair – and what does not - is essential for landlords to remain compliant with the Landlord and Tenant Act 1985 , Homes (Fitness for Human Habitation) Act 2018 , Housing Health and Safety Rating System and the Defective Premises Act.

These claims can lead to compensation awards and reputational damage, so timely intervention is always best practice to limit risk.

General Wear and Tear vs. Actionable Disrepair

Distinguishing between general wear and tear and actionable disrepair is crucial. Wear and tear reflects ordinary, gradual deterioration through everyday use; it does not generally give rise to a legal obligation to repair. Actionable disrepair, on the other hand, arises when the property or its fixtures fall below the required standard due to damage, neglect, or decay. It also involves a defect that affects the structure, safety, or the tenant’s enjoyment of the property.

Examples of general wear and tear include:

Faded paintwork or scuffed walls.
Worn carpets.
Minor marks on surfaces.

Examples of actionable disrepair include:

A leaking roof or gutter.
Persistent damp or mould.
Faulty plumbing or heating systems.

Recognising this distinction early allows landlords to address maintenance issues before they become legal liabilities.

Mould, Damp, Leaks and Liability: When Maintenance Becomes a Legal Issue

Issues such as mould, damp, or water leaks often start as maintenance issues but can quickly escalate into legal liabilities if left unresolved.

The Landlord and Tenant Act 1985 , the Homes (Fitness for Human Habitation) Act 2018 , and other housing standards place statutory duties on landlords to keep properties in good repair and ensure they are fit for human habitation .

The presence of mould or damp can pose significant health risks. Where a tenant reports a defect to the landlord or managing agent, and remedial works are not carried out within a reasonable timeframe, liability may arise through:

Breach of the repairing covenant.
Negligence.
Breach of statutory duty.

Awaab’s Law, which came into force for social landlords in October 2025, introduces strict deadlines for investigating and remedying damp and mould hazards. These duties currently apply only to the social housing sector and do not yet extend to private landlords. However, with the forthcoming Renters’ Rights Act Reforms coming in from May 2026, the Government is expected to expand Awaab’s Law to the private rented sector. Private landlords should therefore prepare for the likelihood of similar requirements being introduced in due course.

Common Causes of Mould, Damp and Leaks in Rental Properties

These issues are among the most frequently reported housing defects by tenants. Common causes include:

Structural defects (e.g., defective roofing, gutters, or damp-proof courses)
Inadequate insulation or ventilation.
Leaking pipes or unreported water ingress.

While the specific causes are often best assessed by a qualified surveyor , landlords should always seek legal advice when assessing potential liability or defending a claim.

When Landlord Maintenance Failures Trigger Legal Responsibility

A landlord is found to be in breach of their repairing obligations, and therefore liable for damages, once they are aware, or should reasonably be aware, of the disrepair issue, and they fail to act promptly to carry out the remedial works in a reasonable period.

Under the Landlord and Tenant Act 1985 , landlords must keep the structure and essential installations of a property in good repair. Failure to repair issues such as leaks, persistent mould, or damp may lead to a tenant’s claim for financial compensation (damages) .

Damages typically reflect:

The impact the disrepair has had on the tenant’s enjoyment of the property
The property being deemed unfit for human habitation

Taking prompt action once notified of a problem is key to minimising risk.

Limitation Periods for Disrepair Claims

Claims arising from disrepair are subject to strict limitation periods.

The Limitation Act 1980 sets a time limit of six years for a disrepair claim, running from the date the landlord was put on notice of the defect. In cases where damp or mould causes personal injury, the limitation period is three years from the date of injury.

Landlords may be able to raise a defence to disrepair claims in cases where the tenant has failed to provide access, failed to report the defect or caused the damage themselves.

Notice and Reasonable Repair Timeframes

There is no fixed statutory timeframe for completing repairs; what constitutes a reasonable timeframe depends on the nature and severity of the defect, and whether there is a significant risk to health or safety.

Emergency repairs, such as burst pipes, broken stair bannisters, loss of heating in winter, or major leaks, should be addressed immediately once reported.

Non-urgent repairs should be completed within a reasonable period, which will vary depending on the complexity and scale of the works.

Landlords should keep written records of all repair reports and works undertaken to evidence compliance with their legal duties.

Preventing Disrepair Claims: Practical Maintenance Tips for Landlords

Prevention is always better than a cure. By taking proactive steps, landlords can significantly reduce the risk of housing disrepair claims.

Essential preventative steps include:

Respond promptly to any repair issues raised by tenants. Early intervention is crucial.
Investigate issues thoroughly and communicate clearly with tenants.
Document every stage of the repair process, including dates, communications, and completed works.
Ensure that managing agents promptly notify landlords of all repair reports or access issues.

Early action not only prevents disrepair claims but also supports a landlord’s defence if a dispute arises.

Record-Keeping, Inspections and Early Action

Comprehensive record-keeping is essential in defending a disrepair claim.

Landlords are advised to:

Keep a record of all attempted appointments and any access issues with tenants.
Carry out regular inspections to identify early signs of disrepair or tenant-caused damage.
Maintain a detailed paper trail of communications with tenants and contractors.

These records can provide crucial evidence in demonstrating compliance with legal obligations and defending against unfounded claims.

How Woodstock Legal Services Can Help

Our experienced Landlord and Tenant Team specialises in complex housing disrepair matters and regularly acts for landlords in defending housing condition claims. We provide clear, practical advice on liability, assist with evidence collation, and help you raise appropriate legal defences.

Specialist Advice from Woodstock Legal Services

If you are a landlord facing poten tial housing disrepair claims or wish to understand your repair obligations, it’s important to seek advice early.

For specialist legal support, contact Lorna Enukora , Landlord and Tenant and Property Litigation Consultant Solicitor, by emailing l.enukora@woodstocklegalservices.co.uk or completing the form below.

Our team will provide clear, tailored advice to protect your interests and help you remain fully compliant with UK property law.

A double win for Woodstock Legal Services at the NLIS Awards!

Mon, 17 Nov 2025 12:08:51 GMT

What a night! We’re over the moon to share that we’ve brought home two incredible awards from this year’s National Landlord Investment Show (NLIS) Awards , held at the De Vere Grand Connaught Rooms in London.

Woodstock Legal Services was named "Best Landlord Legal Services Provider" for the fourth year running, and our very own Anna Hughes, Director and Head of Landlord & Tenant , was crowned " Woman in Property of the Year" .

Both awards mean so much to us. They reflect the hard work, care and dedication that our whole team puts into supporting landlords and property professionals every day.

Anna said:

"It was such a special evening. To be recognised alongside so many brilliant people in the industry was an honour, and to celebrate our team’s fourth consecutive win made it even more memorable. I’m so proud of what we’ve achieved together."

Alongside our leading expertise in landlord and tenant law, Woodstock offers a full service across residential and commercial property, property litigation, dispute resolution, employment law, family law, private client matters, media and technology, and corporate and commercial law.

Our consultancy model gives us the opportunity to attract some of the best lawyers in the sector: experienced specialists who work seamlessly with our in-house team. This blend of insight and collaboration allows us to offer clients a well-rounded service, particularly in landlord and tenant matters where our consultants and core team work closely together to deliver clear, practical and jargon-free advice.

Carly Jermyn, Managing Director of Woodstock Legal Services, commented:

"It was such a proud moment for all of us. Awards like these are the result of genuine teamwork and the relationships we’ve built with our clients over the years. Seeing Anna recognised in this way was the highlight of the evening – she’s an outstanding lawyer and leader, and we’re lucky to have her."

We’re so proud of what we’ve achieved – and so grateful to every client and colleague who’s been part of the journey. Here’s to another year of doing what we love and continuing to bring a fresh approach to law.

Top 5 Intellectual Property Mistakes Start-Ups Make – and How to Avoid Them

Thu, 09 Oct 2025 08:26:03 GMT

Having a clear plan to protect your intellectual property (I.P.) is one of the most important steps a new business can take. From your brand name to your website and logo, these assets define your identity and give you a competitive edge. In his latest insight, Media and Technology Law Consultant Solicitor Luke English shares the five most common intellectual property mistakes that start-ups make, and how to avoid them to secure your business’s future.

1. Failing to Think About Intellectual Property from the Start

Your intellectual property is at the heart of your business. It’s everything you create that’s unique to you, your company name, logo, website, content, or trademark. Yet many start-ups fail to think about I.P. protection early enough.

When you're launching a business, it is easy to focus on short-term goals like getting products to market or building your client base. However, failing to plan your I.P. strategy early on can have serious consequences. Competitors could register similar trademarks, copy your ideas, or even prevent you from using your own brand if they secure protection first.

Early registration of trademarks, copyrights, and patents helps safeguard your innovation and ensures that what you’ve built remains yours. It is not just about protection; it’s about adding value to your business and strengthening your brand identity in the long term.

2. Failing to Carry Out Proper I.P. Searches

Start-ups often come up with creative, memorable names and logos, but before you invest in design, marketing, and branding, it’s essential to check that your chosen name or concept isn’t already being used.

A simple intellectual property clearance search can save you from major legal and financial issues later. Ensure that your company name, website domain, and social media handles are all available and consistent across platforms. This not only prevents disputes but also makes it easier for your customers to find and recognise you online.

Failing to carry out these searches could result in a cease and desist letter arriving just as your brand begins to grow. Rebranding can be costly and disruptive, especially in the early stages of your start-up. Investing a little time and legal advice upfront ensures that your name and brand are genuinely yours to use.

3. Inadequate Documentation of I.P. Ownership

In the excitement of building a new business, it’s easy to overlook paperwork, but documentation is vital when it comes to proving ownership of your intellectual property.

Every idea, design, and creative output your business produces should be documented, dated, and clearly attributed to your company. Always use the copyright symbol (©) where appropriate and make sure that your trademarks are formally registered.

This becomes particularly important when you begin licensing or assigning your intellectual property to others. Without proper documentation, it can be difficult to prove ownership or defend your rights if they’re challenged. Clear records also make your business more attractive to investors, who will want reassurance that the I.P. is securely owned and protected.

4. Failing to Secure Ownership of I.P. Created by Others

Many start-ups rely on contractors, freelancers, or third-party developers to create important assets such as websites, apps, logos, or content. However, if the ownership of that work isn’t formally transferred to your business, you may not actually own it.

Always ensure that your contracts with external providers include clear clauses assigning all I.P. rights to your company. This includes web designers, marketing agencies, and software developers. Without this, you could face licensing fees or even legal disputes later if you try to use, modify, or sell those assets.

The same principle applies to employees. Your employment contracts should clearly state that any intellectual property created in the course of their work belongs to the employer. This helps to prevent ownership issues in the future and protects your right to use and develop your own creations.

For example, imagine selling your company only to discover you don’t own the rights to your website or domain name, an all-too-common mistake that can seriously affect a business’s valuation. Proper legal contracts prevent this from happening.

5. Failing to Protect What’s Yours

Even with ownership secured, your I.P. is vulnerable if it’s not properly protected in practice. Many start-ups make the mistake of discussing inventions, ideas, or branding publicly before securing legal protection.

If you pitch your product or discuss your designs without a confidentiality or non-disclosure agreement (NDA) in place, you risk losing the ability to patent or register them later. Patent law requires novelty at the time of filing, meaning that public disclosure could make your invention ineligible for protection.

Always document who you meet with, when and where meetings take place, and what information is shared. Having these records, alongside properly drafted NDAs, reduces the risk of leaks, plagiarism, or competitors “copying and pasting” your ideas.

Protecting your I.P. isn’t just a legal formality; it’s an important part of safeguarding your innovation and ensuring that your hard work remains your own.

How Woodstock Legal Services Can Help Your Start-Up

At Woodstock Legal Services, we understand that launching a start-up can be overwhelming, especially when it comes to the legal side of protecting your intellectual property. Our team offers comprehensive, practical support to help you understand these challenges.

Luke English , our Media and Technology Law Consultant Solicitor, can advise on contracts with website developers, trademark applications, terms and conditions, and confidentiality agreements: l.english@woodstocklegalservices.co.uk

Richard Hiron , our Employment Law Solicitor, can assist with employment and consultant contracts to ensure I.P. created by your team is properly assigned to your company: r.hiron@woodstocklegalservices.co.uk

By taking proactive steps now, you can avoid costly disputes later and build a business that’s both legally sound and ready to grow.

Specialist Advice from Woodstock Legal Services

If you’re a start-up founder or a technology or media business looking to protect your intellectual property, it’s crucial to get expert legal advice from the beginning.

Contact Luke English, our Media and Technology Law Consultant Solicitor, for tailored legal support by emailing l.english@woodstocklegalservices.co.uk or by completing the form below.

What Homeowners Need to Know About Stamp Duty Land Tax (SDLT) in 2025

Fri, 26 Sep 2025 12:18:08 GMT

Buying or selling a home is one of the biggest financial commitments you’ll ever make, and knowing exactly what costs to expect can make the process far less stressful. In her latest insight, Kerry Parsons , Residential Property Conveyancing Team Lead & Consultant Chartered Legal Executive at Woodstock Legal Services, explains the essentials of Stamp Duty Land Tax (SDLT) in 2025, and what every homeowner, first-time buyer, or investor needs to plan for.

What Is Stamp Duty Land Tax (SDLT)?

Stamp Duty Land Tax (SDLT) is essentially a property tax applied when you purchase a home in England or Northern Ireland. It’s based on the purchase price of the property, with higher rates applying to more expensive homes.

For most buyers in 2025, SDLT starts on properties worth over £125,000. That means if your new home costs more than this threshold, you’ll need to budget for SDLT in addition to your deposit, legal fees, and other moving expenses.

If you’re a first-time buyer, the rules are more generous. You currently pay no SDLT up to £300,000 and then pay 5% on anything up to £500,000.

It’s worth noting that SDLT doesn’t apply in Scotland or Wales, where separate systems, Land and Buildings Transaction Tax (LBTT) in Scotland and Land Transaction Tax (LTT) in Wales, operate. For buyers in England and Northern Ireland, however, SDLT is unavoidable in most transactions and can have a significant impact on your overall budget.

Why SDLT Catches Buyers Out

The importance of planning ahead

One of the most common mistakes buyers make is treating SDLT as an afterthought. While it might not be the most exciting part of moving house, it can cause real financial headaches if you haven’t factored it into your budget early on.

For example:

Bu ying a freehold home for £300,000 as a first-time buyer = no SDLT.
Buying a £300,000 home, having owned a property before = £5,000 in SDLT.

That’s a significant extra cost, and one that can derail your finances if it isn’t planned for. Many buyers budget carefully for deposits and mortgage repayments, but overlook SDLT until late in the process. By then, it can feel like an unexpected bill rather than a cost you’ve prepared for.

If you’re unsure, you can use the government’s free SDLT calculator to estimate your liability before making an offer
Calculate Stamp Duty Land Tax

SDLT and moving chains

Another reason SDLT often catches people out is that many moves involve chains. This is selling one property while buying another. If your transaction is dependent on timing, or you’re buying before your sale completes, your SDLT liability could change, especially if you temporarily own two homes. Factoring in this possibility early is key to avoiding unnecessary stress later.

Higher Rates for Additional Properties

If you’re buying an additional property, such as a buy-to-let, a second home, or if you’re keeping your old property while purchasing a new one, you’ll usually have to pay 5% on top of SDLT rates if buying a new residential property means you’ll own more than one.

This catches many people out. Even if you’re only keeping your old home for a short time, you’ll typically need to pay the surcharge upfront and then apply for a refund later, provided you sell within the current three-year window.

For example, a property worth £350,000 would typically attract SDLT of about £7,500. But if it’s an additional residential property, the higher‐rate surcharge raises that to around £25,000, which is a major increase. T hat’s why getting professional advice early in the process is so valuable.

Can You Claim SDLT Relief or Exemptions?

There are limited situations where SDLT reliefs or exemptions may apply. For example:

Transfers between spouses or civil partners
Purchases involving multiple dwellings
Certain mixed-use properties or shared ownership arrangements

For most straightforward home purchases, however, SDLT will apply in some form. If you think your circumstances may qualify for relief, it’s always best to seek advice from a specialist tax adviser alongside your conveyancer.

It’s also worth noting that SDLT rules can become complex in cases involving trusts, company purchases, or inheritance. In these situations, specialist legal and tax advice is essential to avoid mistakes or unexpected liabilities.

SDLT Changes in the UK – Why You Shouldn’t Assume

If it feels like Stamp Duty Land Tax is always in the headlines, that’s because it is. Successive governments frequently tweak SDLT rules and thresholds, sometimes permanently and sometimes temporarily.

For example, during the pandemic, a stamp duty holiday provided buyers with short-term relief, only for thresholds to revert afterwards. More recently, SDLT has been a topic of political debate, with calls for reform from different parties.

This is why it’s essential not to rely on what a friend or colleague paid in the past. The SDLT rules in 2025 may look very different to those in 2020 or even 2023. Always check the current SDLT rules with your conveyancer or a trusted tax adviser before making any financial commitments.

My Conveyancing Advice – Plan Ahead and Budget Early

From my experience as a conveyancer, the best advice I can give is to treat Stamp Duty Land Tax as a central part of your property budget from the very beginning.

Knowing what you’ll owe early gives you room to plan your mortgage realistically and helps you avoid any last-minute surprises. It also ensures you don’t overstretch your finances when you should be enjoying the excitement of your move.

It’s also important to remember that your conveyancer submits the SDLT return on your behalf, but it remains your personal tax return. The calculation could be incorrect if you don’t provide full and accurate information about your circumstances. Always be upfront with your conveyancer or tax adviser to ensure everything is properly declared.

Another tip is to keep an eye on government announcements. Even small changes in thresholds or exemptions can make a significant difference to your liability. By staying informed and speaking with your conveyancer early, you’ll have a clear picture of what to expect.

Final Thoughts on Stamp Duty Land Tax in 2025

Angela Rayner’s recent comments may have reignited the debate on SDLT, but the basics remain unchanged:

SDLT applies to most property purchases in England and Northern Ireland
Rules vary for first-time buyers, movers, and second-home purchases
Planning ahead is critical to a smooth and stress-free move

At Woodstock Legal Services, we don’t provide tax advice, but we do ensure our clients are fully informed throughout the conveyancing process, including SDLT obligations, and can signpost you to a tax specialist if you need additional guidance.

Specialist Advice from Woodstock Legal Services

If you’re planning to buy or sell a property in 2025, our team at Woodstock Legal Services is here to support you with expert, approachable conveyancing services. For clear, practical advice tailored to your circumstances, contact:

Kerry Parsons , Conveyancing Team Lead & Consultant Chartered Legal Executive – Residential Property

Email: k.parsons@woodstocklegalservices.co.uk

Or complete the enquiry form below.

Woodstock Legal Services has joined the Lawhive Group, marking the next step in our journey as a firm.

Tue, 16 Sep 2025 12:21:15 GMT

The Woodstock vision was to create a law firm that felt different, one where lawyers had true freedom and flexibility within a community of grade A lawyers and the best operational and regulatory support on offer - all while ensuring our clients remain our constant focus.

Since 2014, Woodstock has grown into a community of more than 60 lawyers, built on the principle that legal practice can be both professional and personal. We set out to create a place where lawyers have the freedom to shape fulfilling careers, and where clients benefit from clear, expert advice delivered with genuine care.

That vision remains at the heart of everything we do. By joining the Lawhive Group, we are strengthening this vision - combining the trusted relationships and values that define Woodstock, with innovative tools that ease the pressures of legal work. This means our lawyers can dedicate more time to what matters most: guiding and supporting our clients.

As our founder, Carly Jermyn , explains:

“I’ve always believed a different kind of legal culture was possible, and with Woodstock, we’ve proven it. We’ve created a place where lawyers are supported to grow their careers in a way that fits their lives and works for their clients. This partnership is about scaling that vision with the right kind of technology - AI that enhances our skills and values. What makes it unique is that our lawyers will have the opportunity to shape the tools they use every day.”

We recognise that the use of AI in legal practice raises important questions, and that’s why this step is being taken in a carefully controlled and fully compliant way - with SRA approval, and while ensuring confidentiality and compliance remain at the centre of our work at all times.

At the heart of Lawhive’s technology are AI colleagues capable of working alongside and supporting human lawyers. Lawrence, Lawhive's first AI colleague is a proprietary AI legal assistant. Lawrence drafts documents, completes case research, and handles routine case management with minimal input - scoring 81% on the rigorous Solicitors Qualifying Exam (SQE), far above the 55% pass threshold. The goal is not to replace lawyers, but to augment their work, reducing repetitive tasks and legal admin.

"We're demonstrating that technology can support and enhance the best aspects of legal practice while creating communities where lawyers shape how that technology evolves," said Pierre Proner, CEO and co-founder of Lawhive. "We believe that Lawhive’s vertically integrated model of a regulated law firm and tech platform for lawyers to work alongside AI colleagues, creates better outcomes for everyone."

For our clients, your experience with Woodstock does not change. You will continue to work with the same lawyers you know and trust, supported by the same ethos that has shaped our firm from the beginning. What evolves is the scope of what we can achieve, as we combine human expertise with pioneering technology to deliver legal services fit for the future.

We are proud of what we have built, and confident in the path ahead.

Read the full announcement on Sky News here.

7 Common Mistakes Employers Make in Employment Contracts – and How to Avoid Them

Mon, 01 Sep 2025 10:52:36 GMT

Employment contracts can often feel like a legal necessity or a formality with no real weight behind them.

Something you download, fill out, and file.

But if you're running a business in the UK, treating these documents as just legal red tape can cause far more than just administrative problems.

At Woodstock Legal Services, we work with businesses across a wide range of sectors, and we’ve noticed a recurring pattern: the same contract-related mistakes being made time and time again.

In this insight, Richard Hiron , Employment Law Consultant, unpacks the seven most common issues we see in employment contracts and explains how to avoid them to keep your business compliant, efficient, and protected.

1. An Overreliance on Template Documents

Templates are a helpful starting point, but that’s all they are. No two businesses operate the same way, even if they’re in the same sector. So, using a contract template borrowed from another company, or downloaded online, without tailoring it to reflect your structure, policies, and culture, is risky.

We often hear from clients:

“I got this contract from a friend – it’s worked well for their business.”

That may be true, but it doesn’t mean it will work for yours. A good employment contract should reflect the reality of how your business operates and protect you against the specific risks your company might face. If you treat it as a simple tick-box exercise, you’re likely to find yourself facing disputes or confusion later, often when it's too late to correct the issue easily.

2. Using the Same Non-Solicitation Clauses for Everyone

You want to protect your business, especially if you’ve built it from the ground up. But when it comes to post-termination restrictions, also known as restrictive covenants (like non-solicitation clauses), a one-size-fits-all approach can backfire.

Courts only enforce restrictive covenants if they’re reasonable and justified. If you’ve used the same boilerplate clause across all roles, regardless of the employee’s seniority or access to sensitive information, you may find that it fails when you need it most.

Instead, consider each role carefully:

What risk does this employee pose if they move to a competitor?
What kind of clients or information do they have access to?
Is the restriction proportionate; in other words, does it reasonably achieve your aim without going too far?

Customising restrictions in this way helps you stand a better chance of enforcing them and shows the court you’ve taken a measured, reasonable approach

3. Not Including a Pay in Lieu of Notice Clause (PILON)

PILON clauses allow you to end employment immediately while still paying the employee for their notice period. This gives you flexibility and reduces disruption, especially in sensitive exit situations.

Let’s take Arthur as an example. He resigned on 30 June 2025 with a three-month notice period. If his employer, ZYX Limited, doesn’t want him to work the notice, they can rely on the PILON clause, end his employment immediately, and still pay him for July–September.

If your contract doesn’t contain a PILON clause, you’ll need the employee’s consent to take this route. That can be awkward, especially if relations have broken down.

A well-drafted PILON clause should also make clear what’s included in the final payment: just salary, or also commission, bonuses, or accrued holiday?

4. Failing to Define How to Calculate a Day’s Pay

It seems like a small thing, but when payroll issues arise, not having a defined method for calculating a day’s pay can cause real problems.

Whether it’s deducting pay for unpaid leave, calculating holiday pay on exit, or managing Keeping In Touch (KIT) days during parental leave, having clarity in your contract can save you time, reduce disputes, and help avoid claims for unlawful wage deductions.

5. Don’t Overpromise for Third Parties Offering You Services (But Still Achieve a Workable Balance)

Perks are a big part of modern employment packages. From gym memberships to life insurance, they help you attract and retain talent. But many of these benefits are delivered by third-party providers, which means you’re not fully in control.

If your contract guarantees a perk or benefit (like free gym access), and that provider pulls out or changes their offer, you could be legally obliged to provide an equivalent, even if it’s at your own cost.

To reduce this risk:

Use careful wording, such as “may be eligible for” or “subject to availability.”
Avoid making benefits contractual unless you’re fully confident you can uphold them.

6. Leaving Out a Probationary Period

A probation period gives you a chance to assess whether a new hire is the right fit for your business. It also allows for shorter notice periods and easier termination if things don’t work out.

Despite this, many contracts leave out probation periods altogether or use vague wording with no defined end date, which can appear unreasonable to tribunals.

Including a clear, time-limited probation clause with the option to extend (if needed) provides structure for both employer and employee. It also gives you a chance to offer feedback, monitor performance, and make more informed long-term decisions.

7. If You Don’t Want Something to be Contractual, Then Why Are You Putting It in the Employment Contract?

Employment contracts are legally binding documents, just like your agreements with suppliers, landlords, or IT providers. That means anything you write in them could be enforced against you.

We’ve seen businesses unintentionally lock themselves into providing:

Enhanced sick pay
Extra annual leave
Automatic salary increases
Discretionary bonuses or unpaid leave

To avoid this:

Use language like “at the company’s discretion” or “may be offered”
Put flexible perks in a non-contractual staff handbook instead
Be mindful of “custom and practice” - if you apply a benefit consistently, it may become an implied term in the employment contract even if it’s not written down

Ultimately, if you don’t want to guarantee something, don’t promise it - in writing or otherwise.

Final Thoughts: Employment Contracts Are Here to Help You

It’s easy to overlook employment contracts or see them as legal admin. But they can be one of your most important tools as a business owner.

A well-drafted employment contract protects your interests, ensures legal compliance, and creates clarity for both parties. That means fewer misunderstandings, fewer disputes, and fewer costly problems later down the line.

Whether you’re hiring your first employee or reviewing contracts across a growing workforce, it’s worth investing the time (and getting expert advice) to get it right.

Need Help Drafting or Reviewing Employment Contracts?

Woodstock Legal Services is here to support you.

Our employment law consultant, Richard Hiron , has extensive experience helping UK employers navigate the complexities of employment contracts. From bespoke drafting to contract audits, he’ll help ensure your documents are tailored, compliant, and working in your favour.

Email Richard directly at r.hiron@woodstocklegalservices.co.uk or complete the contact form below to arrange a free initial discussion.

Fraudulent Tenants in the UK: Why Thorough Tenant Referencing Protects Landlords and Tenants

Wed, 13 Aug 2025 15:31:02 GMT

Having the right tenants in your property should bring peace of mind and a steady income. But when fraudulent tenants slip through the net, the consequences can be financially devastating and legally complex. In our latest insight, Zoe Turner , Landlord and Tenant Consultant Solicitor at Woodstock Legal Services, explains the growing risks of tenant fraud, how these scams operate, and why thorough tenant referencing remains your strongest protection.

Understanding the Risk of Fraudulent Tenants

In the letting world, most tenancies progress smoothly. But when fraud creeps in, it can cause financial loss, property damage, and lengthy legal disputes. Over time, patterns have emerged in the way fraudulent tenants operate. These scams are often well-planned, exploiting both legal loopholes and the natural trust landlords extend to new tenants.

Strong, thorough referencing is not just recommended; it is essential to safeguard against these risks.

Case Study: The Cannabis Farm Scam

In one striking case, a seemingly straightforward tenant applied for a property, presenting herself as a vulnerable woman needing stable accommodation. She paid six months’ rent up front in cash, a move that appeared reassuring at the time.

However, shortly after the tenancy began, communication stopped. The tenant became unreachable, refused inspections, and eventually, when access was forced, it was clear the property had been converted into a cannabis farm. The tenant had never lived there. The damage was extensive, the legal process was long, and the landlord was left to manage the fallout of a well-organised scam.

A critical red flag in this case was the large lump sum payment at the start of the tenancy. While many landlords welcome upfront rent, especially in uncertain economic climates, in cases of fraud, this tactic is often used to bypass scrutiny. It creates a false sense of security and can lead landlords to skip or rush the referencing process.

Why Large Upfront Payments Can Be a Warning Sign

It may seem counterintuitive, but a tenant offering to pay six or twelve months’ rent in advance is not always a positive sign.

A genuine tenant might do this if they lack a UK credit history, are relocating from abroad, or are between jobs. They will usually be open about their reasons and still welcome thorough checks.

A fraudulent tenant, on the other hand, often uses this tactic to take control of the process. The money is presented as a gesture of good faith, but in reality, it’s a distraction; buying silence, delaying suspicion, and discouraging deeper questioning.

Case Study: The Unlicensed HMO Sublet

Another troubling case involved a landlord renting a central London flat to a Chinese student. The letting agent checked the tenant’s passport, student visa, and university enrolment documents, all of which appeared genuine.

However, no formal referencing was carried out. Important steps, such as verifying a UK-based guarantor, checking proof of address history, or requesting recent bank statements, were missed. Once again, a large lump sum payment was made upfront, covering 12 months’ rent.

The tenant repeatedly delayed inspections, claiming to still live there. When access was eventually gained, it was revealed she had never lived in the property. Instead, she had sublet it to several other Chinese students. The flat had been converted into an unlicensed HMO (House in Multiple Occupation).

Shockingly, the new occupants believed their tenancies were legitimate. They had signed agreements naming the original tenant as their landlord and listing a well-known law firm, whilst completely unaware that the law firm’s identity had been falsely used.

The landlord was left in a legal bind, technically operating an unlicensed HMO, facing potential penalties, and responsible for evicting innocent subtenants who had themselves been defrauded.

The Common Thread in Rental Fraud

Although these cases differ in execution, they share key similarities:

Fraudule nt tenants appear legitimate.
They rely on landlords being rushed, overwhelmed, or trusting.
They use authentic-looking documents and plausible stories.
They make quick, large payments to bypass scrutiny.

Once inside the property, they act as they wish, knowing it can be time-consuming and expensive for landlords to regain control.

How to Strengthen Your Tenant Referencing Process

A strong referencing process can significantly reduce the risk of fraud. Some essential steps include:

1. Verify Identity and Documents

Check ID against official documents and cross-reference with utility bills and bank statements. Use tools to detect forged documents.

2. Confirm Employment and Income

Contact employers directly using publicly available contact details – not those provided by the tenant. Confirm salary, position, and employment contract terms.

3. Use the Land Registry

Verify that landlord references are genuine by checking ownership details on the Land Registry.

4. Meet Tenants in Person

When possible, arrange a face-to-face meeting to discuss their reasons for moving, long-term plans, and how these align with their paperwork.

5. Review Bank Statements

Request recent statements to confirm affordability and look for unusual transactions.

6. Use Professional Referencing Agencies

Opt for providers that include credit checks, fraud screening, and identity verification.

7. Reference Guarantors Thoroughly

If a guarantor is used, apply the same referencing standards to them.

Why Taking Your Time Matters

Fraudulent tenants often push for speed. If something feels wrong, slow the process down. It’s better to spend an extra week investigating than to spend months, or even years, dealing with the consequences.

Final Thoughts

Fraud is evolving. It can be subtle, strategic, and hidden behind convincing paperwork. However, with thorough checks, the right questions, and a willingness to dig deeper, landlords and letting agents can uncover the truth before signing a tenancy agreement.

Specialist Advice for Landlords and Tenants from Woodstock Legal Services

If you are a landlord or tenant facing issues with rental fraud, unlicensed subletting, or tenant disputes, our experienced landlord and tenant solicitors can help.

Speak to Zoe Turner in Woodstock’s award-winning Landlord and Tenant Team for tailored legal advice. Email z.turner@woodstocklegalservices.co.uk or complete the form below for a confidential consultation.

Renters’ Rights Bill 2025 Update: What Landlords Must Know About Section 8 Notices

Tue, 05 Aug 2025 09:53:36 GMT

With the Renters’ Rights Bill (RRB) having entered its report stage in the House of Lords on Thursday, 4 July 2025, landlords across England are watching closely to see what shape the final legislation might take. In this insight, experienced landlord and tenant solicitor Ryan Heaven addresses a growing concern in the sector: will the same restrictions that currently apply to Section 21 notices also apply to Section 8 ?

This article separates fact from fiction and offers landlords across the UK clear, practical guidance on what’s actually in the pipeline for Section 8 notices , and how to stay compliant.

What’s Happening with the Renters’ Rights Bill?

The Renters’ Rights Bill 2025 has remained a central focus for private landlords and letting professionals across the country. With the government proposing a wide-ranging reform of the private rental sector, one of the headline changes is the long-anticipated abolition of Section 21 notices , commonly referred to as “no-fault evictions.”

Royal Assent for RRB is expected in September; therefore, we will know the final version of the law at this stage.

But as with any major legislative reform, uncertainty can breed misinformation, and the slower the progress, the louder the rumours become.

Section 8 Restrictions: What Are Landlords Hearing?

One persistent rumour has been making the rounds among landlords and letting agents:

The same restrictions currently applied to Section 21 notices , such as requirements for valid Energy Performance Certificates (EPCs) , Gas Safety Certificates , and the How to Rent guide , will also be applied to Section 8 notices as part of the Renters’ Rights Bill.

Let’s be clear: this rumour is false.

What’s the Legal Difference Between Section 21 and Section 8 Notices?

For those new to the distinction between the two possession routes:

Section 21 notices allow landlords to regain possession of a property without giving a reason, which is why they’re referred to as “no-fault” evictions.
Section 8 notices require the landlord to rely on one of the grounds for possession listed in the Housing Act 1988 . These include reasons such as rent arrears , anti-social behaviour , or other breaches of tenancy.

At present, Section 21 notices are highly regulated. If landlords do not provide required documents, such as a valid EPC, Gas Safety Certificate, or How to Rent guide, the notice becomes invalid.

Section 8 notices, on the other hand, are not currently bound by these documentation requirements. And according to government updates, that is not about to change.

What’s the Official Government Position on Section 8 Notices?

While the Bill continues to evolve, there are some concrete steps landlords can take today to stay ahead of the curve:

Review your deposit processes to ensure you’re fully compliant with protection schemes and prescribed information delivery
Understand the grounds for possession under Section 8 ; these will soon be your primary tool
Monitor updates around the expected standardised notice form due later this year
Seek early legal advice when considering eviction, especially where compliance issues may arise

Being proactive now will save time, money and stress later. The earlier you resolve any grey areas, the stronger your legal position will be when the RRB becomes law.

Specialist Advice from Woodstock Legal Services

Whether you’re getting to grips with the Renters’ Rights Bill, managing a complex tenancy, or ensuring your notices are fully compliant, our award-winning Landlord & Tenant Team is here to help.

For tailored legal advice for landlords, contact Ryan Heaven today by emailing r.heaven@woodstocklegalservices.co.uk or by completing the form below.

Our experienced solicitors will ensure you stay compliant, protected and confident, no matter how the law evolves.

Managing Personal Relationships at Work: Legal Insight for UK Employers

Wed, 30 Jul 2025 08:00:10 GMT

In his latest insight, Employment Law Consultant Richard Hiron explores how UK employers and HR professionals can sensitively and lawfully handle personal relationships between staff in the workplace. While there’s no specific legislation banning such relationships, failing to manage them appropriately could expose your business to reputational, financial and legal risk. In this guide, Richard outlines the steps you can take to protect your organisation, treat employees fairly, and ensure legal compliance.

Are Personal Relationships at Work Illegal?

There is no specific law in the UK prohibiting employees or workers from having personal or romantic relationships with colleagues. Many people meet their partners at work, and the law respects that.

However, just because workplace relationships are not illegal does not mean that employers cannot act, particularly if those relationships risk causing:

Reputational harm
Financial loss
Operational disruption

For example, if a director named Fred appears to have a happy family life, holds a respected position in the local community, and runs a marriage counselling business, the potential damage caused by him having an affair with his secretary, Daphne, would be clear. While Fred’s conduct is ultimately a personal decision, it would likely discourage couples from engaging with the business; after all, one of its directors appears to be taking steps that could end his own marriage. Depending on how widely this information becomes known, the business could face both financial and reputational harm as a result.

Understanding Your Legal Boundaries as an Employer

Your business must carefully consider the following legal rights before taking action:

Protection from discrimination:

Employees and workers are protected against discrimination on the grounds of marriage or civil partnership.

Right to privacy:

Under Article 8 of the European Convention on Human Rights, brought into UK Law by the Human Rights Act 1998, everyone has the right to respect for their private and family life.

Unfair dismissal protection:

If the person involved is an employee with sufficient service, they could claim unfair dismissal if a proper disciplinary process is not followed.

Employers must walk a fine line between maintaining professional standards and respecting the private lives of their staff.

Should You Restrict Personal Relationships at Work?

In the absence of a law preventing workers and employees from having relationships at work, it’s up to your business to decide whether and how to restrict or manage personal relationships in the workplace. Ask yourself:

What specific risks do such relationships present to your business?
Are those risks reputational, financial, or operational?
Are there clear examples where a relationship has impacted business function or morale?

If the answer to these questions supports restrictions, those restrictions should be clearly outlined in your staff handbook or internal policies, ideally under a “Relationships at Work” section. Transparency is key to enforcement and fairness.

Encouraging Openness Without Creating Fear

Open communication can help you navigate tricky situations. While not every staff member will feel comfortable disclosing personal relationships, you can still create a policy that:

Encourages early disclosure (especially if one party manages the other)
Provides assurance that disclosures will be handled discreetly
Offers support such as redeployment or changes to reporting lines

That said, businesses must remain realistic; not every relationship will be disclosed voluntarily. The goal is to have systems in place to assess potential harm if a relationship is discovered, not to punish people for falling in love.

First Steps When You Discover a Relationship

Your first response should never be to jump straight into disciplinary action. Instead:

Stop, Assess, Consider
Take time to evaluate the context and potential impact

For instance, let’s say that Barney is in a junior role, has only recently joined the business, is unaware of the rules, and has very little public exposure. He is dating Betty, who works in the same department, also behind the scenes, and is not client-facing.

In this kind of situation, it would almost certainly be excessive to discipline or dismiss them simply for being in a relationship. This is largely because Barney may not know the rules, and neither he nor Betty is public-facing, meaning the financial, reputational, and administrative risks to the business are likely to be minimal, if they exist at all. That said, the business may still need to uphold its policies. This could be done, for example, by ensuring that Barney and Betty are not, at the very least, in a position to manage one another.

By contrast, returning to Fred and Daphne, even if Daphne works behind the scenes, Fred is likely to be a public figure and someone expected to be familiar with the rules. The case for disciplining, and possibly dismissing, Fred is therefore much stronger. He should be aware of his responsibilities; he represents the business externally, and his relationship with a colleague could cause serious reputational damage, particularly given the level of trust the public places in the services the business provides.

The Importance of a Fair Investigation

Before taking any action, you should always carry out a fair and balanced investigation. The purpose is to understand:

The nature of the relationship
Any breach of existing policies
The potential impact on the business
Any mitigating circumstances

For instance, Fred might already be separated from his spouse and preparing for divorce. If his relationship with Daphne is public knowledge and less serious, the perceived damage to the business may be lower. While a breach of policy may still exist, dismissal might be excessive, especially if handled without due process.

Every situation is unique, and context matters.

When Disciplinary Action is Justified

Following the investigation, your next step depends on the findings. You must ensure that any disciplinary action, including dismissal, is:

Procedurally fair
Proportionate
Consistently applied

Going back to our examples:

Fred and Daphne : Fred is a public figure whose conduct has business-wide implications. A formal disciplinary process may be necessary, including potential dismissal.
Barney and Betty : These employees work behind the scenes with minimal reputational impact. A lighter-touch solution may be more appropriate.

The key is consistency. If you discipline some staff for workplace relationships and ignore others, you risk legal and cultural issues. Equally, enforcing all rules rigidly without considering the facts could expose your business to unfair dismissal or discrimination claims or, in a worst-case scenario, claims relating to breach of human rights.

Creating a Consistent Policy Framework

A good workplace relationships policy should:

Clearly define what counts as a conflict of interest
Address romantic and family relationships
Require disclosure in appropriate situations
Explain potential consequences for non-disclosure
Be consistently enforced across all departments and levels

Encourage input from managers and HR teams to tailor the policy to your specific business culture. Provide training to ensure everyone understands their responsibilities.

Summary: What Should Employers Do?

There’s no one-size-fits-all answer when it comes to handling personal relationships at work. However, as we’ve seen, the following steps are essential:

Understand and respect legal rights
Evaluate the specific impact of each relationship
Ensure transparency in your internal policies
Investigate fairly before taking action
Apply disciplinary processes proportionately and consistently

In doing so, your business can avoid legal risks, protect its reputation, and foster a fair and professional working environment.

Specialist Advice from Woodstock Legal Services

Are you worried that personal relationships between employees could harm your business?

At Woodstock Legal Services, we offer practical, commercially sound advice tailored to your company’s needs. Richard Hiron , our experienced Employment Law Consultant, regularly advises UK employers on sensitive issues involving workplace conduct, staff policies, and internal investigations.

Whether you’re building a new staff handbook or navigating a complex employee issue, we’re here to help.

Email Richard directly at r.hiron@woodstocklegalservices.co.uk
Or complete the contact form below to arrange a free initial discussion.

Ozzy Osbourne Dies at 76: What Happens to His Royalties, Estate and Legacy?

Mon, 28 Jul 2025 09:38:12 GMT

Last week brought the sad news that Ozzy Osbourne has passed away at the age of 76. As the frontman of Black Sabbath and one of the most recognisable figures in British music, he leaves behind a powerful legacy that spans generations.

When someone in the public eye dies, the reaction is often immediate and emotional – tributes from fans , headlines, documentaries and playlists all surge to the surface. But there’s also another side to these moments, one that doesn’t make the front pages: the legal steps that follow.

Two of our consultants share their thoughts on what may be involved in a situation like this, and why these considerations are relevant to more people than we might think.

The practicalities families face after someone dies

After someone passes away, there are legal and administrative steps that need to be taken to manage the things they have left behind. This process is known as probate .

That might include property, savings and belongings, but it can also include ongoing income, creative work, and digital or intellectual property.

In a case like Ozzy Osbourne’s, this could mean:

Royalties from past music and performances;
Ownership of recordings, merchandise rights, or future publishing income;
Personal items that may hold value publicly or privately; and
Licensing agreements in the past or newly signed.

A clear, up-to-date Will can help guide how these things are handled. Without one, or if the details are unclear, those tasked with managing the estate may face extra challenges at a time that is already emotionally difficult.

Even in more typical situations, where there may not be fame or fanfare involved, many people have assets—financial or personal—that deserve to be thoughtfully looked after. Taking some time to plan ahead can make things much easier for those left behind.

Protecting a public legacy: music, image and reputation

It is important when you are a creative that the assets you license can come back to your estate when you pass away, and there is a clear clause in your contracts that this will happen. Also, in your Will, there have to be clear clauses about which family members have the rights to certain royalty income from the licence of your creative assets when you die.

Unfortunately, another legend, Prince , when he died, did not leave a Will, and it took six years and numerous court claims for his estate to be sorted, but his music assets are still to be decided.

When someone well-known dies, interest in their life and work often increases. Songs re-enter the charts, tribute events are organised, and their name or image may be used across social media, merchandise and the press.

Behind the scenes, there is legal work being done to protect how that person is remembered and represented.

That can include:

Requests to use music in new films, documentaries or campaigns;
Offers to produce merchandise or tribute performances;
Monitoring public statements or press coverage that could be misleading; and
Managing the commercial use of a name, brand or likeness.

In many cases, rights linked to music, performances, and reputation continue after someone dies. The estate often retains control over how that person’s work and identity are used, especially if there’s a risk of exploitation or misrepresentation.

Handled with care, this helps ensure the legacy is treated with the respect it deserves and that those closest to the person continue to feel supported and protected.

A few things to think about

You don't need to be a global name to think about what you might leave behind. Many of us have creative work, digital accounts, sentimental belongings or simply a wish for how things should be handled.

Making a Will , keeping a clear record of your assets, and choosing the right people to carry out your wishes can make a huge difference, not just legally, but emotionally too.

If you would like to talk about putting your affairs in order, or you are dealing with the loss of someone close to you and want some support with the legal side of things, reach out to Becci Newton , Private Client Solicitor , for a friendly and confidential chat.

If you are a creative and want to make sure that your music, art, audio-visual work, or writing gets passed on to the right person and not given to the company you license it to, then speak to Luke English , Media & Technology Solicitor , who can review your contracts to make sure you are covered.

This piece was written with insight from two consultants at Woodstock Legal Services, Becci Newton, Private Client Solicitor , and Luke English, Media and Technology Solicitor , who together bring a thoughtful perspective on how to protect your assets.

Can Outsourced HR Professionals Be Agents of Their Clients? Understanding the Legal Risks

Mon, 21 Jul 2025 12:05:52 GMT

Having a working relationship with an outsourced HR provider can make day-to-day people management easier for many businesses. But what happens when that relationship goes a step too far? In his latest insight, Employment Law Consultant Richard Hiron explores when outsourced HR professionals may legally become agents of their clients, and why this matters.

Why Outsourced HR Services Appeal to UK Businesses

Outsourced HR services offer a range of benefits that have made them increasingly attractive to UK employers. These include:

Cost-effectiveness compared to employing a full-time HR team
Greater freedom in advising clients than being an in-house HR adviser
A sense of legal separation, making HR advisers appear at arm’s length from internal decisions

However, recent case law from the Employment Appeal Tribunal (EAT) suggests that outsourced HR professionals may not always be as independent as they assume, and that they need to be very careful not just about the contractual terms of their arrangements with their clients, but also the practical application of the relationship.

Handa v The Station Hotel: What Happened?

The case of Handa v The Station Hotel (Newcastle) Limited and others [2025] EAT 62 raised important questions about the legal standing of outsourced HR professionals.

We won’t linger on the details, because you didn’t come here for a lecture in employment law, but in essence:

An employed director reported potential financial misconduct, which could have been classified as whistleblowing (also known as “protected disclosures”).
Complaints from other staff members about bullying and harassment were then made against that director.
One outsourced HR consultant was instructed to investigate those complaints and recommended that disciplinary action against the director be considered.
A second outsourced HR professional conducted the disciplinary hearing and advised that the employer would be “justified” in dismissing the director for gross misconduct - advice issued in collaboration with the employer’s solicitors.
Ultimately, the employer dismissed the director, based on the outsourced HR professional’s recommendation.

What Is an Agency Relationship in Employment Law?

It is not enough to simply provide a service or act helpfully to become someone’s agent in the eyes of the law. Legally, an agent is someone who has been authorised to act on behalf of another person or organisation, often with the ability to make decisions that directly affect that person’s legal or financial position.

Typically, an agent is someone trusted to act in another’s best interests, which is why many agents are also fiduciaries. Trustees, company directors, financial advisers, business partners, and solicitors are common examples of these. What they have in common is the authority to affect relationships between the person or organisation they represent and third parties.

Crucially, there must usually be more than just a contract for services for a person to be considered an agent. An agency relationship arises when a person has decision-making authority and is actively representing the interests of someone else with their approval. Without that, no matter how beneficial or reliable the service provided, an agency relationship is unlikely to be found.

What Would Make an Outsourced HR Professional an Agent?

In the Handa case, neither of the two outsourced HR professionals was found to be an agent in the decision to dismiss the employed director. But that doesn't mean an agency relationship couldn’t have existed elsewhere.

Here’s where the legal line gets blurry:

1. Performing Core Employer Functions

If an outsourced HR consultant performs functions that are typically reserved for the employer, such as conducting grievance processes or disciplinary hearings, they may be considered the employer’s agent. This is especially the case where employees or third parties deal directly with the HR provider, and the employer has little or no involvement.

2. Going Beyond Contractual Services

Even where a written contract exists, carrying out roles that go beyond pure service delivery can give rise to an agency relationship. Whilst a fiduciary relationship is a key hallmark of agency, it is not the only factor in determining whether an outsourced HR professional will be considered an agent. This may include making final decisions on matters such as pay, dismissal, or internal procedures.

3. Exercising Authority Without Oversight

Where the HR provider is granted authority to act independently, for example, to run a disciplinary process from start to finish without significant input from the employer, they may be legally classified as an agent.

4. Evidence of Collusion or Shared Control

The closer the working relationship between the employer and the HR consultant, the more likely it is that the agency will be inferred. In the Handa case:

The first HR professional merely recommended a disciplinary process.
The second HR professional reviewed the evidence and concluded dismissal was justified, but did not carry it out herself.

If either had gone a step further and directly made the dismissal or made other decisions on behalf of the employer, they would likely have crossed the line into agency.

5. Perception Alone Is Not Enough

An employee’s perception that an HR professional is acting on behalf of the employer is not enough by itself to create a legal agency, but might be important if combined with other factors. However, in Handa, the director’s claims of being victimised after whistleblowing did not automatically make the HR professionals agents of the employer.

How Outsourced HR Professionals Can Avoid Legal Risk

So, what can HR consultants do to protect themselves?

Be Clear in Your Contracts

The contract with your client should clearly state the limits of your role. Avoid any language that implies you can make final decisions on behalf of the employer, especially regarding disciplinary action, grievance outcomes, or dismissals. Simply saying that you are not your client’s agent is unlikely to be enough, especially if your actions do not match what your contract with your client says.

Stay Within Advisory Boundaries

Advise, recommend, support, but don’t decide. Let your clients make the final call, even if you believe a certain outcome is justified. This is where the line between adviser and agent is often drawn.

Avoid Acting Like an Employee

Don’t allow staff to contact you directly for day-to-day HR matters unless this is carefully managed through a defined service agreement. Even then, remember that providing services like payroll, internal HR policies, grievances, or disciplinaries puts you in sensitive territory.

Seek Legal Advice When in Doubt

If you find yourself being asked to take actions that go beyond your usual service scope, pause and take legal advice. It may save you significant time, stress and potential liability later.

Why This Case Matters for Employment Law Professionals

The Handa decision serves as an important reminder that legal responsibility doesn't always rest neatly with the employer. If you’re working with HR consultants or are one yourself, understanding where legal boundaries lie is critical.

This is especially important for:

Solicitors working with SMEs who rely on outsourced HR providers
HR professionals offering freelance or agency services
Employers who want to reduce legal risk when outsourcing HR functions

Specialist Advice from Woodstock Legal Services

Worried about becoming responsible for your client’s employment decisions?

At Woodstock Legal Services, we specialise in employment law advice tailored to HR professionals and consultants. Richard Hiron, our experienced Employment Law Consultant, has worked directly in the HR sector and regularly advises outsourced HR professionals across the UK.

Whether you need advice on contracts, investigations, disciplinaries or complex whistleblowing concerns, Richard is here to support you.

If you’re looking for practical, no-nonsense employment law advice , get in touch with Richard Hiron , Consultant Solicitor, at r.hiron@woodstocklegalservices.co.uk or fill out the form below.

How to Sell Smarter: A Conveyancer’s Guide for Property Sellers

Mon, 30 Jun 2025 10:40:19 GMT

Selling your home is exciting, but the conveyancing process can sometimes feel like it drags on longer than you expect. If you’re wondering how to speed things up and avoid frustrating delays, you’re not alone.

In this insight, Charlotte O’Driscoll , an experienced conveyancer at Woodstock Legal Services, shares her advice on how sellers can help keep things moving. While the legal side of selling a home can sometimes feel slow or complicated, there are things you can do to speed up the process and avoid common delays.

From preparing paperwork early to understanding what your conveyancer needs from you (and when), Charlotte walks through the key stages of a smooth sale and what makes the difference between a straightforward move and a stressful one.

Get the Conveyancing Process Started Quickly

As soon as you accept an offer, it’s important to appoint a conveyancer who can begin the legal work without hesitation. Early instruction allows your conveyancer to open your file, carry out the mandatory identity verification checks, and send you essential documents. Completing these forms accurately and returning them promptly helps your conveyancer prepare the contract pack without unnecessary delays.

Additionally, gathering important paperwork like planning permissions, building guarantees, or certificates related to any renovations or improvements will ensure your conveyancer has everything they need to progress your sale smoothly. The quicker you get these steps done, the faster your conveyancer can move your transaction forward.

Preparing Contract Packs

Once you’ve completed the initial paperwork, your conveyancer will begin drafting the contract and compiling the contract pack to send to the buyer’s solicitor. This pack includes important details about the property, your completed forms, and the official title documents.

To avoid delays at this stage, it’s essential to provide thorough and accurate answers on all the required forms. Make sure you also share any relevant documents as early as possible - especially those relating to property alterations, planning permissions, or building regulation approvals. If there are any known issues, such as boundary questions, ongoing disputes, or anything else that might affect the buyer’s understanding of the property, it’s best to disclose these upfront.

Being transparent from the outset helps to reduce back-and-forth between solicitors and keeps your sale progressing smoothly.

Enquiry Responses

After the buyer’s solicitor reviews the contract pack, they will often send enquiries such as follow-up questions about the property or the information provided. This is a normal part of the process, but it can cause delays if not handled quickly.

To keep things moving, it’s important to respond promptly and clearly when your conveyancer asks for your input.

Having relevant documents ready, such as certificates for gas safety, electrical work, or building regulation approvals, will help you provide accurate answers without delay. If you’re unsure about any inquiry, don’t hesitate to ask your conveyancer for guidance as they can help you provide the right information and avoid unnecessary back-and-forth with the buyer’s solicitor.

Get Financial Details Sorted Early

One common cause of delay in the conveyancing process is uncertainty around finances. Your conveyancer will need to obtain mortgage redemption figures from your lender. They will also prepare a completion statement outlining all costs involved, including estate agent fees and the final proceeds you’ll receive from the sale.

To speed things up, make sure you inform your conveyancer who your mortgage lender is and authorise them to request these figures early in the process. Additionally, keep your estate agent informed about the conveyancer handling your sale so their invoice can be sent promptly.

If you’re also buying a property at the same time, coordinating both sales early can prevent unnecessary delays and help align completion dates.

To get a better understanding of the financial aspects involved in selling and buying property, including tax considerations, visit GOV.UK’s guide to Stamp Duty Land Tax .

Agree on Timelines and Exchange Contracts

Once all enquiries have been answered and financial details finalised, your conveyancer will prepare the contract for you to sign and arrange the exchange of contracts with the buyer’s solicitor. Exchanging contracts is a crucial step because it makes the sale legally binding and sets a fixed completion date.

To keep the process moving smoothly, it’s important to agree on realistic timelines with all parties involved - including your conveyancer, the buyer’s solicitor, and your estate agent. Be available to sign your contract promptly when your conveyancer requests it, and communicate any changes or concerns immediately.

Clear, timely communication at this stage helps prevent last-minute delays and keeps the sale on track.

Prepare for Completion Day

Completion day is when the sale officially finishes - the buyer’s funds are transferred, your mortgage is paid off, the estate agent is paid, and the keys change hands. This day can feel hectic, but with good preparation, it can go smoothly.

Make sure your bank details are up to date with your conveyancer so funds reach you without delay. Stay reachable in case your conveyancer needs to confirm anything last minute. Also, plan your move in advance so you’re ready to hand over the property once the sale completes. With these simple steps, completion day will be much less stressful and much more efficient.

How You Can Help Keep Things Moving

While your conveyancer handles the legal work, your active participation plays a huge role in speeding up the process.

Here’s how you can help:

Be prompt and responsive: Reply to your conveyancer’s requests quickly and provide any documents they need without delay.
Communicate your timelines: If you have specific dates or deadlines, share them early with your conveyancer and estate agent to manage expectations.
Ask questions: If you don’t understand something, don’t hesitate to ask your conveyancer for clarification - they’re there to help.
Choose the right conveyancer: Remember, the cheapest option isn’t always the best. A conveyancer who offers personal, attentive service can keep your sale moving smoothly.

By staying engaged and proactive, you can help avoid common delays and make the whole process easier for everyone involved.

Selling a property can feel complicated, but understanding the process and working closely with your conveyancer can make all the difference.

At Woodstock Legal Services , our conveyancing team prioritises clear communication and personal service - so you’re never left in the dark.

If you’re looking for practical, no-nonsense Conveyancing advice , get in touch with Charlotte O'Driscoll , Chartered Licensed Conveyancer, at c.odriscoll@woodstocklegalservices.co.uk or fill out the form below.

Landlord Legal Battles: When a Fair Rent Increase Leads to an Unfair Fight

Fri, 27 Jun 2025 11:01:26 GMT

In her latest insight, Housing Landlord and Tenant Specialist Zoe Turner shares the story of what should have been a simple, lawful rent increase that turned into a two-year legal battle, draining public funds, testing the limits of housing law, and ultimately driving a good landlord out of the private rental sector entirely. This is a real case she dealt with in England, illustrating how far the current system has strayed from balance and common sense.

The Landlord’s Attempt at Fairness

Zoe’s client, a long-standing private landlord in England, hadn’t increased rent for several years. With costs rising and market rents shifting, she issued a reasonable and entirely lawful rent increase notice. This wasn’t an aggressive change; it was a small step to reflect current market conditions.

Instead of engaging in discussion or negotiating, the tenant refused to pay the new rate, fell into arrears, and consequently was served a Section 8 notice under the Housing Act 1988 , initiating the legal process for repossession.

What should have been a simple and reasonable step soon turned into a complex, emotionally draining legal battle and one that would test the limits of the current system.

A Misused Disrepair Defence

The tenant responded by raising a defence under the Homes (Fitness for Human Habitation) Act 2018 , alleging that the property was unfit due to mice, dampness and mould. However, this was the first time these issues had ever been mentioned. The tenant had not submitted complaints or requested maintenance before this point.

On the contrary, the landlord’s multiple attempts to investigate were obstructed. Entry was denied to pest control professionals on several occasions. Eventually, when access was permitted, assessments found that the problems were caused by the tenant’s lifestyle, such as drying clothes indoors without ventilation, poor hygiene, food waste left around the flat, and blocked extractor fans.

Environmental Health and the Improvement Notice

Despite the landlord's ongoing efforts to resolve concerns, the tenant contacted Environmental Health. They issued an Environmental Health Improvement Notice , citing a damp corner in the basement and a mouse issue. Again, both the root of these issues are attributed to the tenant’s behaviour.

Environmental Health did not investigate the origin of the problems or the tenant’s contribution to them. Nor did they consider the repeated obstruction of the landlord’s attempts to gain access for expert evaluation.

This had serious consequences. Even though the eviction proceedings were brought under Section 8 rather than Section 21 , the Improvement Notice could still be used to support the tenant’s disrepair claim. Under the Homes (Fitness for Human Habitation) Act 2018 , rent is not lawfully due during any period the property is considered unfit. In this case, the tenant sought to have all rent arrears dismissed, despite never having previously reported the issues and having contributed substantially to the very conditions they cited.

This misuse of the disrepair defence threatens the integrity of Ground 8 proceedings . Even where there is clear evidence of obstruction and tenant-caused issues, such claims can delay justice, drain public resources through legal aid and impose an unsustainable burden on responsible landlords striving to uphold their obligations.

Legal Aid Misuse and Deliberate Delay Tactics

The tenant’s legal team made additional allegations, such as the deposit not being protected and prescribed information not being served, seeking compensation of up to six times the original amount, despite clear evidence that all legal steps had been followed. These claims added further delay and complexity.

What made this case especially galling was the tenant’s access to Legal Aid, which funded the tenant’s defence even though the case lacked merit. Public funds were used to support repeated, baseless applications and counterclaims, many of which were filed purely to prolong proceedings.

This isn’t an isolated example. Many landlords now find themselves up against legally aided opponents, despite facing fabricated or exaggerated claims. It’s a pattern that’s growing and one that requires urgent reform.

The Broken Court System

The entire court process took nearly two years.

Why? Because of meritless counterclaims, a sluggish court system, and systemic flaws in how possession proceedings are handled. Cases like this often take more than six months just to be listed.

Eventually, her client won. She proved that she had met her legal obligations and had acted in good faith.

But the victory came at a steep price. Emotionally exhausted and financially drained, the Landlord made the difficult decision to sell the property. Another responsible landlord lost to the system, not because she broke the law, but because the law no longer works for her.

What This Case Tells Us About the State of Housing Law

This wasn’t just about rent arrears. This was a battle over fairness, accountability and access to justice. Several key issues emerged:

1. Disrepair Defence Can Be Abused:

The disrepair defence, which is intended to protect tenants from negligent landlords, is now being weaponised. In cases like this, where the tenant contributes to the problem, the law still leans in their favour.

2. Legal Aid Needs Proper Gatekeeping:

We strongly support Legal Aid when used correctly. But the lack of oversight means many cases with no prospect of success are still fully funded, wasting valuable public resources.

3. The Courts Can’t Cope with Current Demand

The civil courts are already struggling. And yet, the Renters Rights Bill proposes to remove Section 21 entirely, and introduce greater tenant protections, whilst adding regulatory complexity. These reforms might be justifiable if the judicial system were equipped to handle them, but it isn’t.

Why This Matters to You

If you’re a landlord , this case is a warning. Even when you follow the law, you can face prolonged legal challenges, reputational damage, and huge financial strain.

If you’re a tenant , it’s a reminder that housing rights exist for a reason, but they should be used responsibly. Exploiting the law undermines its integrity and ultimately harms the wider rental market.

If you're a policymaker , it’s time to listen. This isn’t about choosing sides, but it’s about designing a system that works.

Specialist Advice for Landlords and Tenants from Woodstock Legal Services

Whether you’re facing a Section 8 notice , a disrepair defence , or trying to understand your obligations under the Homes (Fitness for Human Habitation) Act 2018 , we’re here to help.

Our experienced team can guide you through:

Possession proceedings under the Housing Act 1988
Responding to an Environmental Health Improvement Notice
Defending or pursuing disrepair claims
Navigating proposed reforms under the Renters Rights Bill

Speak to Zoe Turner in Woodstock’s award-winning Landlord and Tenant Team for tailored legal advice. Email z.turner@woodstocklegalservices.co.uk or complete the form below for a confidential consultation.

Take Control of Workplace Departures Legally and Effectively

Mon, 02 Jun 2025 15:43:16 GMT

In his latest insight, Richard Hiron discusses how to effectively manage Workplace Exit Strategies. Whether you're dealing with an underperforming team member or facing a dispute, understanding when to use a protected conversation versus a without-prejudice discussion can save your business time, money, and potential legal issues.

This guide aims to help UK employers and managers better understand the Employee Exit Process with confidence and care.

Why Getting Exit Negotiations Right Matters

There is a famous quote often attributed to author C.S. Lewis, brought together from themes in his work. It goes like this: “You can’t go back and change the beginning, but you can start where you are and change the ending”.

It’s an interesting idea, but in the realm of employment law and employment processes, it can take time and money to achieve, and much more so than simply ensuring that the beginning is correct from the get-go.

At Woodstock Legal Services, we regularly support businesses that have attempted to hold an exit conversation without fully understanding the legal framework. When misused, these conversations can lose legal protection and later become part of the evidence reviewed by an employment tribunal.

This is why it is important to understand whether a protected conversation or a without-prejudice conversation is appropriate, and when you can minimise risk and manage employee departures legally, respectfully, and efficiently.

What Is a Protected Conversation – And When Can You Use One?

A protected conversation, under Section 111A of the Employment Rights Act 1996 , allows employers to have off-the-record discussions with an employee about ending their employment, but it only applies in specific circumstances.

Protected Conversations Only Shield Against Unfair Dismissal Claims

At the time of writing, employees in the UK need two full years of continuous service to claim unfair dismissal. This may change in 2026 when the government proposes to make unfair dismissal a day-one right under the proposed Employment Rights Bill .

A protected conversation can only be used when an unfair dismissal is the only potential claim. If the employee could suggest that there was discrimination, whistleblowing, unlawful deduction of wages, breach of contract, or automatically unfair dismissal, then the conversation would not be protected and could be disclosed in court or a tribunal.

Use Protected Conversations Carefully

Some situations where a protected conversation may be appropriate include:

• Performance management processes

• Redundancy discussions

• Conduct or capability issues

• Certain “some other substantial reason” dismissals

However, the strength of a protected conversation should never be assumed. Employers are often surprised to learn that protection fails if any part of the conversation falls outside of the strict scope. This is why you should always seek professional legal advice before relying on this route.

When to Use a Without Prejudice Conversation Instead

If a dispute has already arisen, or if one seems likely, you may need to hold a without prejudice conversation instead. This type of conversation allows parties to explore settlement without fear that the discussion will be used as evidence in legal proceedings.

What Counts as a Dispute?

This can be a grey area. A grievance or disciplinary action on its own might not count. However, if the issue is serious enough that either party is contemplating legal action, then it may constitute a dispute. For example:

• A disciplinary process that could end an employee’s career

• Ongoing issues that might lead to a claim of constructive dismissal

• Raised grievances involving potential discrimination or harassment

When a genuine dispute exists, a without prejudice discussion can give employers broader legal protection across multiple potential claims, not just unfair dismissal.

Why You Should Never Mix Up the Two

It’s tempting to try and combine both protections, but this is a legal trap. Phrases like “This is a without prejudice, protected conversation under Section 111A,” create more confusion than clarity. Using both labels simultaneously doesn’t double your protection; it could cancel both out, leaving you fully exposed in a tribunal.

Instead, conduct a careful analysis of your situation to determine which option applies. If you’re unsure, please feel free to give Woodstock Legal Services a call or email .

Avoiding the Cost of Getting It Wrong

A poorly handled employee exit process can come back to haunt you. Not only could you face legal claims, but even a signed settlement agreement can be challenged if it's later revealed that the conversation wasn't protected.

In some cases, mismanagement can lead to reputational damage, especially if tribunal decisions, often published online, name your business.

Taking a few extra steps at the beginning can ensure you have the correct approach to Workplace Exit Negotiations, helping to protect your brand, finances, and peace of mind.

Final Thoughts – Take Control of the Ending

Ending the employment relationship doesn't have to be messy. With the right structure, support, and language, exit negotiations can be managed respectfully and effectively for everyone involved.

Whether you're considering a settlement agreement, planning to hold a protected conversation, or investigating a workplace dispute, remember that the best results come from getting it right from the start.

Specialist Advice for Employers from Woodstock Legal Services

Workplace exit strategies are often emotionally charged, but with the right legal support, they don’t have to be risky.

Woodstock’s consultant, Richard Hiron, has a lot of experience helping UK employers manage exits the right way. Whether you need help preparing for a protected conversation, evaluating the risks of a without prejudice discussion, or drafting a settlement agreement, Woodstock is here to support you.

More Than Women’s Work: Why Men Have a Role in Changing Law

Thu, 06 Mar 2025 14:58:09 GMT

The legal profession has never been an easy road for women. It’s been a world of glass ceilings, closed doors, and outdated structures. At Woodstock, we don’t sit around as “that’s the way things have always been”, we’re looking to challenge the traditional law firm model.

This International Women’s Day 2025 , we’re embracing the theme "Accelerate Action" by celebrating the women in our firm doing exactly that: reshaping the legal industry, breaking down barriers, and proving that flexibility can coincide with legal excellence.

Women Leading the Way at Woodstock

Law has traditionally been a man’s game. But here, women are leading from the front, balancing expertise, leadership, and life in a way that challenges the industry's outdated norms.

Carly Jermyn, our Managing Director , runs a thriving law firm while raising three boys. She knows firsthand that leadership and family life aren’t mutually exclusive.
Natasha Boyland, our Head of Risk & Operations , keeps our firm at the peak of governance and compliance.
Anna Hughes, our Head of Landlord & Tenant , leads an award-winning team, mentors the next generation, and pioneers a fresh approach to law.

At every level of Woodstock, women are leading with strength, innovation, and impact, proving that talent, not tradition, should define success in law.

Flexibility That Works for Everyone

At the current rate of progress, full gender parity is still five generations away. That’s 2158 – long after any of us will see it.

By prioritising flexibility and choice, we’re dismantling the rigid structures that hold women back. Our model works for:

Working parents balancing careers with family life.
Professionals who want control over their time without sacrificing ambition.
Those easing into retirement, choosing to scale back without being forced out.

But flexibility isn’t just for women.

Yes, we have many women in leadership and consultancy roles at Woodstock, and, naturally, this model has been a game-changer for working mothers. Our model provides the flexibility to balance careers with family life. But what about working fathers?

We’ve seen more and more men take the leap into consultancy because it allows them to support their partners’ careers too. In many industries, women’s progress has been stalled by the expectation that they will carry the heavier load at home. When men embrace flexible working, it redistributes the balance, making it possible for more women to step into leadership, grow their businesses, or return to careers they love.

At Woodstock, we’re seeing this shift firsthand. Men chose consultancy to share responsibilities at home, be more present with their children, or give their partners the space to focus on their careers. It’s a shift that benefits both men and women – ultimately, the entire legal industry. An equal legal profession is built on opportunity, balance, and the freedom to succeed without compromise. When careers are shaped around real lives, rather than outdated expectations, everyone benefits.

We’re more likely to achieve gender equality when we all take action – it’s not a battle for women to fight alone.

What’s Next? We Keep Moving Forward

The legal industry is changing. But not fast enough.

This IWD 2025, we reaffirm our commitment to:

Backing women at every stage of their careers – mentoring, supporting, and bringing more of them into leadership.
Keeping flexibility at the heart of what we do, so legal careers work for real lives, not outdated expectations.
Encouraging more men to step up as active participants in a fairer system. That means embracing flexibility, sharing responsibilities at home, and supporting the women they work alongside.

To the incredible women at Woodstock, in law, and beyond, and those supporting, and pushing for change alongside them - Happy International Women’s Day.

How to Protect Yourself from Property Fraud

Wed, 05 Mar 2025 11:16:14 GMT

Property fraud is a growing concern for homeowners. Fraudsters constantly find new ways to steal property ownership, commit mortgage fraud, or sell property without the rightful owner’s knowledge. If you own a residential property – whether you live in it or rent it out – it’s important to take practical steps to protect yourself.

In his latest insight, Arvinder Samra , Consultant Solicitor at Woodstock Legal Services, explains the risk of property fraud and how to safeguard your home or investment property.

What Is Property Fraud and Who Is Most at Risk?

Property fraud happens when criminals take control of a property by stealing an owner’s identity or forging legal documents. Once they gain access, they may attempt to:

Sell the property without the owner’s consent
Take out a mortgage or loan against the property
Transfer ownership to another name

Some properties are at higher risk of fraud, including:

Homes that are empty or rented out
Mortgage-free properties
Properties owned by elderly or vulnerable individuals
Unregistered properties

Taking the right precautions can help you prevent fraud before it happens.

Register for the Land Registry Property Alert Service

One of the simplest and most effective ways to protect your property is by signing up for the Land Registry Property Alert Service . This free service notifies you whenever an application is made to change the title of your property, allowing you to spot fraudulent activity early.

Why This Matters

If someone attempts to change ownership or take out a mortgage on your property without your consent, you will receive an alert. This early warning system gives you the chance to stop fraud before any damage is done.

Who Should Register?

Every property owner should sign up, especially:

Landlords with rental properties
Homeowners with mortgage-free properties
Anyone who owns multiple properties or does not live at their registered address

For those with elderly or vulnerable family members, it’s also worth assisting them with registration to keep their homes protected.

How to Register

You can register up to 10 properties for free through the GOV.UK Land Registry Property Alert Service .

Keep Your Address Updated with the Land Registry

The Land Registry uses the address on file to contact property owners, mortgage lenders, and other registered parties. If your details are outdated, you could miss important fraud warnings.

Why This Matters

If you move house and forget to update your details, the Land Registry may send important notices to an old address, leaving you unaware of fraudulent activity until it’s too late.

How to Update Your Details

You can provide up to three addresses for official contact purposes, including:

A UK or overseas postal address
A DX (Document Exchange) address
An email address

This is particularly important for landlords and second-home owners who do not reside on their property. Keeping your contact details up to date ensures you receive legal notifications promptly.

Verify All Communications to Avoid Fraudulent Emails

Fraudsters frequently target property transactions , using email scams and phishing techniques to deceive homeowners and investors into transferring money to the wrong account.

Common Warning Signs

You receive an unexpected request to transfer funds.
The sender’s email looks similar to a trusted contact but has minor differences.
The bank details provided do not match those previously supplied by your solicitor.

How to Stay Safe

Always verify bank details over the phone with your solicitor before making payments.
Do not click on links or open attachments from unfamiliar emails.
Be extra cautious if you are in the process of buying or selling a property.

If you receive an email with new payment instructions, call your solicitor to confirm before making any transactions.

Place a Restriction on Your Property Title

For an extra layer of protection, you can place a restriction on your property title. This ensures that no one can sell or mortgage your property without a solicitor or conveyancer verifying your identity.

Who Should Consider This?

A restriction is beneficial for:

Property owners who do not live at the property
Owners of mortgage-free homes
Anyone looking for additional legal safeguards

How to Apply

You can submit a restriction application through HM Land Registry (Form RX1) .

This step can significantly reduce the risk of fraudulent property transactions and prevent criminals from taking out a mortgage in your name.

Protect Your Home and Investments with Expert Legal Advice

Property fraud is a growing concern, but taking the right precautions can help secure your property and prevent criminals from gaining access. At Woodstock Legal Services, we provide expert guidance on residential property law, ensuring that homeowners and landlords have the protection they need.

If you’re concerned about property fraud, need help updating your Land Registry details, or want to apply for a title restriction, our team can assist you.

For tailored legal advice, contact Arvinder Samra by emailing a.samra@woodstocklegalservices.co.uk or complete the form below.

The Media Can Now Report on Family Court Cases

Wed, 19 Feb 2025 14:11:02 GMT

For years, family court hearings have been private, with rules preventing journalists from reporting on what happens inside. But since 27th January 2025, that has changed. Accredited journalists and legal bloggers can now report on certain family court cases involving children , provided they follow strict rules under a Transparency Order .

So, what does that mean for families going through the courts? Karen Layland , Solicitor at Woodstock Legal Services, explains how this change works, what’s allowed, and what to watch out for.

What is a Transparency Order?

A Transparency Order allows journalists and legal bloggers to:

Attend family court hearings
Speak to families involved in a case
Request and quote from court documents
Report on what they see and hear in court

But there’s a key condition: families must remain anonymous. That means no names, school details, employer details, photos, or anything else that could identify them.

Before this change, journalists could sit in on hearings but had no right to report on what was said. The aim now is to help people understand how the family courts work while still protecting the people at the heart of these cases.

Can You Speak to a Journalist About Your Case?

The short answer? Yes, but only under strict conditions.

You are not obliged to speak to a journalist.
If you do, it must be with someone who has already attended a hearing in your case.
You cannot share any documents unless a Judge has given permission.

While journalists now have more freedom to report, parties involved in a case cannot. That means you must not post details of your case on social media, even if a journalist has already written about it. Breaching this rule could have serious legal consequences.

How Does This Work in Practice?

Will Journalists Be Allowed to Report on Every Case?

Journalists and legal bloggers must first apply for a Transparency Order, which will outline:

What they can and cannot share
Any restrictions imposed by the court
Steps required to protect anonymity

In most cases, these orders will be granted unless there is a strong reason not to allow reporting. If a party objects, the Judge can:

Prevent reporting altogether
Impose stricter restrictions
Allow reporting to continue under the original order

The courts have made it clear that denying a Transparency Order will be rare.

How Will Privacy Be Protected?

While this is a major step towards transparency, it does not mean families lose their right to privacy. The following protections remain in place:

No names of the people involved can be published.
No identifying details—such as schools, employers, or locations—can be reported.
In cases involving sexual abuse, details of the abuse cannot be shared.

These rules are designed to reassure families that their most personal and difficult moments won’t be exposed while still giving the public a clearer picture of how the family courts operate.

What About Financial Cases in Family Court?

For now, these changes apply only to cases involving children. Financial cases, such as divorce settlements and financial disputes, are still under review. Further updates are expected in due course.

What If You Are Worried About This Change?

Understandably, families going through the courts may feel uneasy about journalists being allowed to report on their cases. Family law is already emotional and stressful, and the thought of details being made public could add to that pressure.

However there are still strong safeguards in place to protect privacy, and the court can prevent reporting in exceptional circumstances. If you’re unsure how this change might affect you, it’s always worth seeking advice from a specialist family solicitor .

Specialist Advice from Woodstock Legal ServicesIf you are involved in a family court case and have concerns about Transparency Orders, we can help.

Contact Karen Layland , Solicitor , by emailing k.layland@woodstocklegalservices.co.uk or completing the form below to arrange a free, no-obligation consultation. Our experienced team of family lawyers is here to provide clarity and support during what can be a complex and emotionally challenging process.

How Mental Capacity Affects Family Law Decisions

Tue, 04 Feb 2025 13:38:21 GMT

Making important legal decisions can be overwhelming, especially in emotionally charged family law matters. But what happens if you are concerned that your former partner, spouse, or family member lacks the capacity to make these decisions? In her latest insights, Karen Layland, Solicitor at Woodstock Legal Services, explains how mental capacity is assessed in family cases and what support is available to ensure fair legal proceedings.

What Is Mental Capacity in Family Law?

Under the Mental Capacity Act 2005 , everyone is assumed to have the capacity to make decisions unless proven otherwise. However, mental capacity is not a fixed state – it depends on the specific decision being made and the timing of that decision. For example, someone might have the capacity to agree to a marriage but not understand the financial implications of divorce.

A person is considered to lack capacity if they are unable to:

Understand relevant information about the decision.
Retain that information long enough to make a decision.
Weigh up the information as part of the decision-making process.
Communicate their decision in any form (verbally, in writing, or using non-verbal communication).

It's important to note that making a poor or unwise decision does not mean someone lacks capacity.

When Is Capacity Important in Family Law Cases?

Mental capacity can impact various aspects of family law proceedings , including:

Capacity to Marry or Enter a Civil Partnership

The legal threshold for the capacity to marry is relatively low. A person needs to understand the basic nature of marriage and its obligations, but they do not need to comprehend the full legal or financial consequences of marriage or divorce. If a person lacks capacity at the time of marriage, the union may be voidable in court.

Capacity to Enter a Prenuptial, Postnuptial, or Separation Agreement

Signing legally binding agreements like prenuptial or postnuptial contracts requires a higher level of capacity than marriage itself. If a person does not have the capacity to understand the agreement when signing, a court may choose not to enforce its terms.

Capacity to Litigate (Participate in Legal Proceedings)

If an individual lacks the capacity to engage in legal proceedings, a litigation friend (such as a trusted relative or professional) may be appointed to act on their behalf. This is particularly relevant in divorce and financial disputes where one party may struggle to understand legal processes or provide instructions to their solicitor.

How Can You Support a Family Member with Capacity Concerns?

If you are worried about a loved one’s ability to make decisions during family proceedings, consider the following steps:

Seek Medical Advice – A GP or specialist can assess whether they may lack the capacity for certain decisions.
Consider Therapeutic Support – Counselling or therapy may help them manage stress and process their situation more effectively.
Obtain Legal Advice – Speaking to experienced family solicitors ensures they understand their legal rights and options.
Accompany Them to Meetings – Emotional support can make a huge difference, especially in difficult discussions about separation or finances.

At Woodstock Legal Services , we offer a free initial interview to discuss concerns and explore the best course of action for your family’s unique situation.

What Happens If Capacity Is in Question?

If capacity is disputed in a family case, the court may request a formal capacity assessment from a medical professional. This assessment will determine whether the individual can proceed with legal matters independently or if additional support is required.

In some cases, the Court of Protection may become involved in deciding whether an individual has the capacity to make specific life-changing decisions. However, the family court itself deals with most issues related to marriage, divorce, and financial settlements.

Specialist Advice from Woodstock Legal Services

If you have concerns about mental capacity in a family law matter—whether for yourself, a former partner, or a loved one—getting the right legal support can provide clarity and reassurance.

Woodstock Legal Services Shortlisted for Business Growth Award at Modern Law Awards 2025

Thu, 30 Jan 2025 14:47:03 GMT

Woodstock Legal Services is proud to announce its shortlisting for the Business Growth Award at the Modern Law Awards 2025 . This recognition celebrates not only our remarkable achievements over the past year but also our commitment to redefining what a modern law firm can be.

A Fresh Approach to Law

Founded with a mission to do things differently, Woodstock Legal Services has grown from a vision shared around a kitchen table into a thriving law firm. At the heart of our success is “a fresh approach to law” – delivering tailored, actionable legal advice in plain English, without jargon.

Transformational Growth Over the Last Year

The past 12 months have been nothing short of transformational. During this time, we’ve experienced:

A significant increase in new matters opened.
A substantial rise in revenue.
Remarkable growth in our team size.

This growth is not just about numbers. It reflects our focus on excelling rather than simply expanding, remaining true to our values, and ensuring every client benefits from our personal, human approach.

The Success of Our Innovative Consultancy Model

Our innovative consultancy model has been a key driver of success. Woodstock Legal Services provides a home for high-quality lawyers, enabling them to deliver exceptional client service without the constraints of a traditional law firm structure. By creating a supportive, flexible environment, we allow our team the time and space to deliver expert advice and build strong client relationships.

Industry-Leading Expertise

The landlord and tenant team, led by Anna Hughes, has been a standout success. Recognised as leaders in the field, the team has secured large-scale contracts and won the Best Landlord Legal Services Provider award at the National LIS Awards for the third consecutive year. Beyond this, we’ve strengthened our expertise in employment law , family law , dispute resolution , commercial and contract law , and private client services while continuing to lead in residential and commercial property .

Committed to Our Community

This shortlisting recognises not just the progress we’ve made but the way we’ve achieved it. Our thoughtful, deliberate growth strategy is built on providing exceptional client service, creating a supportive team environment, and giving back to the communities we serve. From raising funds for YMCA Bournemouth’s Big Sleep to hosting local events like the Canford Cliffs Halloween Trick or Treat, we’ve made a positive impact both in and beyond the legal sector.

A Note from Our CEO

Carly Jermyn , CEO of Woodstock Legal Services, shared her thoughts on the recognition:

"This shortlisting is a milestone for Woodstock Legal Services. It reflects the hard work of our team and the trust our clients place in us. Our consultancy model allows us to provide top-notch services while creating a home for talented lawyers. We’re proud to lead the way in redefining what a law firm can be.”

Celebrating Innovation in the Legal Sector

The Modern Law Awards celebrate the pioneers shaping the future of the legal sector. This shortlisting reinforces Woodstock Legal Services’ position as a firm committed to responsible, sustainable, and innovative growth.

We look forward to the awards ceremony and extend our congratulations to all the other finalists !

How Positive Performance Management Builds Stronger Teams

Fri, 24 Jan 2025 11:08:51 GMT

National Compliment Day is a great reminder of the power of positivity in managing people. In this insight, Tony Bertin , one of our expert employment solicitors , shares how taking a constructive and fair approach to performance management can strengthen your team and protect your business.

The Value of Genuine Recognition

We all want to feel appreciated for the work we do – but let’s be honest, empty praise doesn’t cut it. Imagine you’re at breakfast: complimenting someone on burnt toast when they know it’s terrible doesn’t help anyone. Instead, focus on something genuine and true, like how great their coffee is.

The same rule applies at work. When recognition is genuine and specific, it has real impact. It shows that you’re paying attention, that you value the effort behind the result, and that your praise is earned. Pair this positivity with constructive feedback where needed, and you’re creating a culture where people feel supported, respected, and motivated to improve.

How to Keep Performance Reviews on Track

Appraisals need to be more than just a tick-box exercise. To be fair and effective, make sure you:

Follow a Structure: Use a consistent format for everyone so the process feels fair.
Stay Objective: Focus on measurable results and evidence.
Be Consistent: Treat everyone the same – no favourites, no exceptions.

When things aren’t going well, dig into the why. Is the employee dealing with a personal issue? Are there problems with their workload or team? Asking the right questions and offering support can turn things around.

Lessons from Employment Tribunals

Our experience with tribunals has taught us one clear lesson: inconsistent performance management can land employers in hot water. If an employee’s performance dips, you need to understand why. Is it something personal? A clash with management style?

If a dismissal goes to a tribunal, appraisals are often the first thing examined. How did someone go from “outstanding” to “underperforming” in a year? Without clear, honest reviews and proper records, it’s tough to explain – and even tougher to defend.

Tribunals can be stressful and expensive. Solid, consistent performance management saves time, money, and hassle in the long run.

What’s Changing in Employment Law

Big changes are coming, and businesses need to be ready. The upcoming removal of the two-year service rule for tribunal claims means every performance decision will be under more scrutiny. With probationary periods becoming more important, now is the time to tighten up your systems.

Here’s what you can do:

Get Clear Policies in Place: A structured, fair appraisal system is essential.
Train Your Managers: Make sure they’re confident in giving feedback and handling tricky conversations.
Keep Records: Document everything – from reviews to follow-ups – so you’ve got a clear paper trail if questions ever arise.

By getting these basics right, you’ll not only protect your business but also create a workplace where people feel supported and valued.

Specialist Advice for Employers from Woodstock Legal Services

Managing performance isn’t easy, but you don’t have to do it alone. With expert advice from our team of employment solicitors , you’ll feel confident tackling any staffing challenges that come your way.

If you’re looking for practical, no-nonsense employment law advice , get in touch with Tony Bertin , Solicitor, at t.bertin@woodstocklegalservices.co.uk or fill out the form below.

The Divorce and Civil Partnership Dissolution Process

Tue, 21 Jan 2025 10:41:01 GMT

Understanding the legal process of ending a marriage or civil partnership can feel overwhelming. Karen Layland , Solicitor at Woodstock Legal Services, provides a clear, step-by-step guide to help you approach this journey with confidence. Our insights ensure you’re informed and supported at every stage, making the process as smooth as possible during what can be a challenging time.

Eligibility to End a Marriage or Civil Partnership

Before starting the process, it’s essential to ensure you meet the eligibility requirements. To apply for a divorce or dissolution in the UK, you must:

Be in the relationship for at least one year: Applications cannot be submitted before this time frame.
Prove that the relationship has irretrievably broken down: This is the sole legal ground for divorce or dissolution.
Provide a valid relationship certificate: If your certificate is in another language, you’ll need to provide a certified translation.
Show proof of any name changes (if applicable): This might include a marriage certificate, deed poll, or other official documentation.

If you’re unsure whether you meet these criteria, seeking professional legal advice can save you time and stress.

Alternatives if You’re Not Yet Eligible

If you’ve been in the relationship for less than a year, there are still options to address your situation:

Apply for a legal separation: This allows you to live apart without formally ending the marriage or partnership.
Apply for an annulment: only available in limited circumstances.
Use a deed of separation or post-nuptial agreement: These documents can outline arrangements for finances, property, and children during your separation, offering clarity and structure without formally dissolving the relationship.

These alternatives can also be helpful if you’re unsure whether ending the relationship is the right decision or need more time to make arrangements.

Starting the Process

Once you’re eligible, it’s time to start the formal process of ending your relationship. Understanding the steps involved can make the experience less daunting.

Sole vs. Joint Applications

The first decision to make is whether to apply jointly with your partner or proceed alone:

Joint Application:
A joint application is ideal for amicable separations where both parties agree to the dissolution and there’s no risk of domestic abuse. It’s a cooperative approach that can help maintain a sense of fairness and reduce conflict.
Sole Application:
A sole application may be more suitable if you believe your partner won’t cooperate or respond in a timely manner. This approach allows one party to move forward independently, ensuring the process doesn’t stall due to a lack of response.

Required Information

To begin, you’ll need at hand all the necessary information to include the following details:

Both parties’ full names and current addresses.
An email address for your partner (if possible), as this enables faster communication from the court.

If you’re working with Woodstock Legal Services, we’ll handle the application for you and ensure all the necessary details are provided correctly.

Court Fees and Financial Assistance

The cost of applying for a divorce or dissolution is £593. While this fee can seem daunting, there are options for financial assistance:

Low-income support: You may be eligible for help with court fees if you receive certain benefits or are on a low income.
Application process: If you’re applying for financial help, you’ll need to complete a separate form by post or apply online. If you receive approval, you’ll either pay a reduced fee or none at all.
Handling through our services: If you’re working with us, we can guide you through the process, ensuring all forms are completed accurately. We can also handle payments from funds on account to make things easier for you.

What Happens If the Other Party Does Not Respond

In some cases, the other party may not respond to the application. When this happens, additional steps are required to ensure the process moves forward:

Court Bailiff or Personal Service: A court bailiff can deliver the documents, or you may arrange for a private process server to serve them directly.
Substituted Service: If personal service isn’t possible, you can request that the court allow documents to be served via alternative methods, such as email or social media.
Dispense with Service: In extreme cases where the other party cannot be located, you can apply to dispense with service altogether.

Each of these options has its own costs, timelines, and requirements. At Woodstock Legal Services, we’ll advise you on the most suitable approach for your situation and guide you through every step.

Specialist Advice from Woodstock Legal Services

If you’re thinking about starting a divorce or dissolving a civil partnership, our friendly and experienced family lawyers are here to help.

You can reach out to Karen Layland , Solicitor, at k.layland@woodstocklegalservices.co.uk or complete the form below for straightforward, reliable advice you can count on.

Thinking About Gifting Your Property to Your Children? Here’s What You Should Know

Thu, 16 Jan 2025 12:24:30 GMT

Making plans for your property is an important part of looking after your family’s future. Many parents consider gifting their home or a share of it to their children, whether for practical reasons or as part of estate planning . It’s a generous gesture, but there are a few things to think about before making the decision.

Recently, we had two conversations about this very topic. Both were quite different, but they showed just how much a little legal advice can help in making the best choice.

Why Do You Want to Gift Your Property?

Everyone has their own reasons for wanting to transfer property to their children, and these reasons can shape the best approach.

In one case, a retired gentleman wanted to gift his property to avoid inheritance tax. However, after looking at his circumstances, it turned out his estate wouldn’t have been subject to inheritance tax anyway. He also hadn’t realised that if he continued living in the property without paying rent to his children, the “gift with reservation of benefit” rules would still apply, and the home would remain part of his estate for inheritance tax purposes.

In another case, a mother wanted to gift a share of her home to her daughter, who was moving in with her. She was aware of the rules, like the seven-year rule and the capital gains tax exemption for principal residences. But her situation had an added layer – her daughter was leaving a difficult marriage and planning to start divorce proceedings.

While it’s unlikely that the gifted share of the property would be considered a marital asset, transferring it before the divorce was officially underway could have introduced complications. After discussing the options, she decided to wait for the right moment to make sure her daughter was protected.

Things to Think About When Gifting Property

Gift with Reservation of Benefit (GROB)

If you gift a property but continue to live in it without paying market rent, it could still be treated as part of your estate for inheritance tax purposes. It’s worth understanding how this could affect your plans.

The Seven-Year Rule

Gifts made during your lifetime are potentially exempt from inheritance tax if you live for seven years after making them. However, if you pass away within those seven years, the gift could be subject to tax, depending on how much time has passed since it was made.

Capital Gains Tax (CGT)

If the property you’re gifting is your main home, it’s usually exempt from capital gains tax. However, if it’s a second property or a rental property, CGT may apply, and it’s calculated based on the property’s value at the time of the gift.

When Family Circumstances Add a Personal Layer

Gifting property often involves more than just tax or financial considerations. Family dynamics can play a big part in the decision.

In the case of the mother and daughter, understanding the emotional and legal context of their situation was vital. The mother’s desire to help her daughter was clear, but timing was everything to make sure the gift didn’t create unintended issues during divorce proceedings.

This is why it’s so important to share the full picture with your legal advisor. Every family’s circumstances are different, and careful planning can help ensure the best outcome for everyone involved.

Taking the Next Steps

Gifting property is a generous act, but it’s not something to rush into. There are rules and potential pitfalls to consider, and getting the right advice can make a big difference. Whether you’re thinking about inheritance tax, capital gains, or how a change in ownership might affect your family, having a clear plan in place is always a good idea.

Specialist Advice from Woodstock Legal Services

At Woodstock Legal Services, our team can help with property gifting, inheritance tax planning, and wills and probate matters. We take the time to understand your goals and provide advice that works for you and your family.

For personalised advice, contact Becci Newton , Solicitor, by emailing b.newton@woodstocklegalservices.co.uk or completing the form below.

Things to Consider Before Ending a Relationship

Mon, 13 Jan 2025 09:36:02 GMT

Ending a relationship, whether a marriage or civil partnership, is a significant decision that takes careful thought and planning. Karen Layland , Family Solicitor at Woodstock Legal Services, shares her insights into the key considerations before taking the formal step to end a relationship. This guide is here to offer clarity and support during this emotional time.

Assessing Whether the Relationship Has Irretrievably Broken Down

Before initiating proceedings, it’s crucial to evaluate whether your relationship has truly reached an end. Ask yourself:

Have all attempts to rebuild trust and resolve conflicts failed?
Would professional counselling be beneficial, even if only one party believes it might help? Knowing where to seek support and understanding the costs involved can be pivotal.

Exploring Alternative Solutions

If you are unsure about ending the relationship, consider alternatives that provide clarity and structure without finality:

Deed of Separation

A deed of separation is a formal agreement that outlines arrangements for children, finances, and property while acknowledging the breakdown of the relationship.
It can act as a roadmap for future proceedings if reconciliation is not achieved.

Post-Nuptial Agreement

Similar to a pre-nuptial agreement but signed after marriage or civil partnership.
This document helps parties agree on the division of assets and responsibilities should the relationship ultimately end, reducing tension and uncertainty.

Communicating With Your Partner

Deciding how to inform your partner about your decision is a sensitive matter. It can be helpful to:

Discuss the commencement of proceedings together to avoid unnecessary tension.
Consider issuing joint proceedings if you both agree.

Planning for the Practicalities

Ending a relationship can bring immediate challenges. Plan ahead to reduce stress:

Children: Decide how and when to communicate with them, and plan living arrangements.
Finances: Determine how household bills and joint accounts will be managed.
Businesses: Ensure operations are not disrupted during the transition.

Seeking Legal Advice

Working through these considerations can feel much simpler with the right support. At Woodstock Legal Services, we offer a free, no-obligation consultation to:

Understand your unique situation.
Outline the divorce or dissolution process.
Provide tailored advice on financial and parental arrangements.

Specialist Advice from Woodstock Legal Services

If you’re considering ending your relationship, our experienced family solicitors are here to offer support and guidance. Reach out to Karen Layland , Solicitor, at k.layland@woodstocklegalservices.co.uk or complete the form below for expert advice you can trust.

How the Renters' Rights Bill Will Impact Landlords

Fri, 10 Jan 2025 13:37:28 GMT

The Renters' Rights Bill is bringing some notable changes for landlords, with updates already making waves and more expected to come. Now’s the time to get clued in. Consultant Solicitor Ryan Heaven from our award-winning Landlord & Tenant Team is here to break it all down. From new rules on rent payments to changes that might leave student landlords scratching their heads, we’ve got the details covered.

Those who love the nitty-gritty can dive into the full report stage amendments here . But for a landlord-friendly breakdown, keep reading!

Prohibition of Advance Rent Payments

What Does Section 4B Change?

Section 4B of the Renters' Rights Bill introduces a new rule: landlords can only request rent for the period it's due, apart from the first payment. This clears up any confusion about whether advance rent payments are still allowed.

The main concern here is that rent in advance has been a traditional way for tenants who will not pass referencing and cannot provide a UK guarantor to rent property. In the absence of rent in advance there may be a shift towards guarantor alternative products, which are typically insurance based, so that these people can access the rental market.

Impact on Tenancy Agreements

With this change, tenancy agreement clauses requiring advance rent payments are now invalid, except for the initial instalment. Landlords can no longer request or accept multiple months' rent upfront, even if tenants offer it.

Possible Exceptions

Section 5A of the Tenant Fees Act now also prohibits landlords and agents from encouraging such payments. However, the Secretary of State retains the power to introduce exceptions to these rules, so it’s worth staying alert for any updates, but there are no exceptions currently.

Changes to Guarantor Liability

Another key update is that guarantors won’t be liable for rent or other obligations after a tenant passes away. This change makes it a good idea to review and update any guarantor agreements you have in place to make sure they reflect the new rules.

Amendment to Ground 4A and Its Impact on Student Lettings

What Has Changed?

Ground 4A has been tweaked so landlords can only rely on it if the tenancy starts within six months of signing the agreement.

Challenges for Student Landlords

For student landlords who like to get everything sorted early, this could be a headache. This change might make it harder for non-Purpose-Built Student Accommodation (PBSA) landlords, who are already feeling squeezed, to plan ahead and secure tenants well before the academic year begins. Given that student landlords will want to rely on this ground it means that you should not be entering into contracts more than six months in advance of the start date.

Upcoming Parliamentary Proceedings

Parliament is set to add these changes to the Bill on 14th January 2025. There could still be tweaks before then, but it’s likely the Bill will move on to the House of Lords after that. Keep an eye out for any last-minute updates that could affect how you manage your properties.

What This Means for You

These updates are bringing in more rules to protect tenants, which means landlords need to make a few adjustments. Here’s what you should do:

Check Your Tenancy Agreements : Make sure they don’t include clauses about advance rent payments that are no longer valid.
Review Guarantor Agreements : Update these to match the new rules around liability after a tenant’s death.
Rethink Letting Plans : Especially if you’re a student landlord, you might need to tweak your timelines for signing up tenants.

Staying on top of these changes will help you avoid any trouble and keep your lettings running smoothly.

Specialist Advice for Landlords from Woodstock Legal Services

If you’re wondering how these changes affect you or what to do next, we’re here to help. For tailored advice, get in touch with Ryan Heaven , Consultant Solicitor in our award-winning Landlord & Tenant Team , by emailing r.heaven@woodstocklegalservices.co.uk or completing the form below.

New Year, New Opportunities: Why January Is the Perfect Time for an Employment Law Reboot

Wed, 08 Jan 2025 11:24:12 GMT

In his latest insights, Richard Hiron , Employment Solicitor at Woodstock Legal Services, likens the start of a new year to the need for a system reboot – whether it’s your tech systems or your own energy levels after the Christmas break. January is the perfect time for businesses to reset and refresh their employment law practices, helping to save time, reduce stress, and avoid unnecessary costs in the months ahead.

Why January Is the Perfect Time to Plan Ahead

The start of the new year feels like a fresh slate. January often brings a slower pace, with employees gradually returning to work after the holiday season. Out-of-office messages can linger well into mid-month, making it a great time to tackle tasks that are easily put off during busier periods.

Quieter moments like January could be the perfect opportunity to get ahead. Whether it’s refining your business strategy, organising marketing plans, or tackling admin tasks, a little forward-thinking now can set you up for success in the months to come.

When it comes to employment law , being proactive makes all the difference. Taking the time to review your contracts, handbooks, and agreements now ensures your business is prepared for whatever challenges or opportunities the new year may bring.

Employment Law Priorities to Start the Year Right

For employers and HR professionals, January is an ideal time to check that your employment law practices are fit for purpose. Here are three essential tasks to focus on:

1. Update Contracts of Employment

Employment law changes frequently and keeping your contracts up to date with the latest updates is essential. Taking the time to review and refresh your templates now can help you avoid potential disputes or liabilities down the line.

2. Refresh Your Staff Handbook

Your staff handbook should reflect not only current legislation but also your company culture and values. If it’s been gathering dust – whether on a shelf or in a digital folder – it’s time for a refresh. Keeping this document up to date ensures consistency in managing workplace policies and procedures.

3. Review and Revise Settlement Agreements

Settlement agreements must be clear, robust, and tailored to individual circumstances. An outdated or generic agreement can leave your business vulnerable to risks. Taking the time now to update your templates ensures you’re prepared to handle sensitive employee matters when they arise.

Why Acting Early Makes Good Business Sense

Delaying these updates may seem tempting, especially when the year is just beginning, but it often leads to unnecessary complications. Waiting until the last minute can result in:

Limited Availability: The professionals you need might already be booked up when you require their help.
Higher Costs: Last-minute requests often come with premium charges for expedited work.
Reduced Quality: Opting for the cheapest solution can lead to rushed, subpar work that introduces new risks rather than solving problems.
Increased Stress: Delays can cause sleepless nights and leave you worrying about preventable issues.

Taking a proactive approach now saves you time, money, and stress in the long run.

The Benefits of Planning Ahead

Using the slower start to the year wisely can bring lasting benefits, including:

Ensuring compliance with current legislation.
Minimising the risk of disputes or unexpected costs.
Freeing up resources to focus on other priorities.
Providing peace of mind for you and your team.

At Woodstock Legal Services, we believe that preparation is the key to success. By taking action now, you’ll set your business up for a smoother and more productive year.

Specialist Advice for Employers from Woodstock Legal Services

If you’re ready to refresh your employment law practices, our team at Woodstock Legal Services is here to help. Richard Hiron, our experienced Employment Solicitor, provides tailored advice to employers on everything from contracts to handbooks and settlement agreements.

Contact Richard by emailing r.hiron@woodstocklegalservices.co.uk or completing the form below to get started.

Preparing for Ground 4A: Save Time with our Pre-Notice Template

Tue, 07 Jan 2025 13:41:46 GMT

Landlords – we’re here to make student rentals simple! Download our guide to get ahead with Ground 4A requirements. Our pre-notice template is designed to save you time and keep things straightforward.

What Is Ground 4A and Why Is It Important?

Ground 4A introduces a new requirement for landlords to serve a pre-notice before entering into a tenancy agreement. This is particularly relevant for student landlords who need to manage tenancy turnover efficiently at the end of the academic year.

Key Details About the Pre-Notice

The pre-notice:

Must be given before the tenancy agreement is signed.
Can be issued within one month of the Renters’ Rights Bill coming into force for existing agreements.
Sets the foundation for serving a Section 8 notice under Ground 4A.

Ensuring this pre-notice is accurate and timely helps landlords retain control over their properties and avoid disputes later on.

Why Preparing Now Matters

Student landlords face unique challenges, especially with properties often operating as Houses in Multiple Occupation (HMOs). Ground 4A allows landlords to regain possession of their properties between June and September to re-let them for the next academic year. However, failing to issue a compliant pre-notice could complicate the process of serving the formal Section 8 notice.

Preparing your processes now ensures:

Compliance with legal requirements.
Smooth tenancy transitions.
Reduced risk of legal disputes.

Save Time with Our Ground 4A Pre-Notice Template

To simplify the process, we’ve created a downloadable Word template for the Ground 4A pre-notice. This template covers all the essential elements landlords need to include:

This user-friendly template allows landlords to adapt the content quickly to suit their specific property and tenancy arrangements.

Specialist Advice for Landlords from Woodstock Legal Services

At Woodstock Legal Services, our team of experienced landlord lawyers offer tailored legal advice to help you with your unique situation.

For further assistance, contact Ryan Heaven , Consultant Solicitor in our award-winning Landlord & Tenant Team , by emailing r.heaven@woodstocklegalservices.co.uk or completing the form below.

The 12 Days of Christmas: A Guide for Separated Parents

Tue, 03 Dec 2024 10:49:34 GMT

Agreeing on how children spend their time with each parent during the festive season can be challenging for separated parents. From practical issues like travel plans to balancing emotions and traditions, Christmas can quickly become complicated. In her latest insights, Emilie Holland, Family Solicitor at Woodstock Legal Services, shares 12 practical tips - one for each of the "12 Days of Christmas" - to help make this time enjoyable for everyone.

These tips are designed to help separated parents create a magical and stress-free Christmas while ensuring arrangements work in the best interests of their children.

12 Days of Christmas - Tips for Separated Parents

1. Plan early.

The sooner both parents get the diaries out and give dedicated thought to what Christmas might look like, the better. Early agreements make it easier to sort out a plan without the stress of last-minute changes or rushed decisions.

2. Work around practical obstacles first.

Christmas arrangements can be more complicated than usual routines. Things like visiting extended family further afield or working around key traditions - such as Christmas lunch, present opening, or church services - can create extra considerations. Sorting these out first helps everything fall into place more smoothly.

3. Be transparent.

The more secretive the plan, the bigger the challenge it is to agree on arrangements. Sharing your ideas openly helps the other parent understand what you’re trying to do and makes it easier to work together. Clear communication reduces unnecessary stress and confusion.

4. Provide detail.

If your plans involve staying somewhere other than your home, let the other parent know the details. Sharing where the children will be staying and for how long keeps everyone informed and helps build trust.

5. Put the children first.

Christmas is one of the most exciting times of the year for children, but the magic can quickly disappear if plans are built around parents' preferences rather than the children's best interests. Focus on their joy and excitement when making decisions.

6. Communicate effectively.

Once plans are agreed, make sure everyone involved - including the children and extended family - knows what’s happening. Clear communication avoids misunderstandings and ensures everyone feels prepared.

7. Agree on a contingency plan.

Life doesn’t always go as planned. Whether it’s unexpected travel issues or an undercooked turkey, having a backup plan can avoid disruption and keep things calm and stress-free for the children.

8. Fairness matters.

When it comes to dividing time, aim for arrangements that feel fair for the children and both parents. Focus on creating quality moments together rather than worrying about exact time splits.

9. Create consistency where possible.

Try to create similar Christmas experiences in both homes. Agreeing on things like gift budgets or sharing certain traditions can help children feel more settled and avoid comparisons.

10. Be considerate.

Spending time without your children during Christmas can be hard. Acknowledge these feelings and help your children enjoy time with their other parent. Encouraging a positive experience on both sides will help maintain their happiness during the holidays.

11. Formalise arrangements if needed.

If informal discussions aren’t working, consider putting plans in writing. A clear agreement can help avoid last-minute stress and ensure everyone understands what has been decided.

12. Keep the magic alive.

Whether your children are with you or their other parent, focus on making Christmas special for them. Share traditions, encourage their excitement, and remind them they are loved and celebrated in both homes.

Specialist Advice for Separated Parents from Woodstock Legal Services

If you're finding Christmas arrangements challenging this year, our experienced family lawyers are here to help. Contact Emilie Holland , Family Solicitor, by emailing e.holland@woodstocklegalservices.co.uk or completing the form below.

Let us help you create a stress-free, magical Christmas for your family.

Pets in Rental Properties: What Landlords Need to Know

Fri, 29 Nov 2024 12:27:27 GMT

With more people owning pets, landlords are increasingly being asked to allow animals in rental properties. While pets can bring long-term tenants and happier homes, they also raise concerns like potential damage or cleanliness issues. It’s important for landlords to understand their rights and responsibilities, as well as the changes coming under the Renters’ Rights Bill.

In this insight, Oliver Wade , Paralegal in our award-winning Landlord & Tenant Team, breaks down the key points landlords need to know about pets in rental properties.

Current Rules for Pets in Rental Properties

Assistance Dogs and Anti-Discrimination Laws

Landlords must accommodate tenants with recognised disabilities who rely on assistance dogs. These animals are not classed as pets but are essential aids and refusing them would breach anti-discrimination laws.

Furry Friends

When it comes to other furry, fluffy, or even scaly companions, the main concern for landlords is usually property damage. Previously, landlords could charge higher deposits for tenants with pets, offering an extra layer of security. However, the Tenant Fees Act 2019 capped deposits at five weeks’ rent, effectively banning the use of ‘pet deposits.’

This left landlords with few options to cover potential damage caused by pets. Some chose to raise rent instead, but this is only allowed if the tenancy agreement permits or if the tenant agrees to the increase.

Model Tenancy Agreement Updates

In 2021, the Conservative government updated the Model Tenancy Agreement to discourage blanket bans on pets. This template, while not legally binding, includes clauses making it harder for landlords to refuse tenants who request to keep pets.

Tenants don’t have an automatic right to keep a pet; the tenancy agreement determines whether pets are allowed. Most agreements include a clause requiring tenants to seek the landlord’s consent for a pet, and landlords are expected to provide reasonable grounds if they refuse. Blanket bans are often considered unfair under consumer rights laws and may be unenforceable.

However, landlords can refuse pets in specific situations, such as if a lease agreement for the property prohibits them.

What’s Changing Under the Renters’ Rights Bill?

A Formal Process for Pet Requests

The proposed Renters' Rights Bill gives tenants the right to request a pet in writing. Landlords can only refuse such requests if they have reasonable grounds. This change aims to strike a fair balance between landlords’ interests and tenants’ growing desire for pet-friendly homes.

Pet Insurance as a New Requirement

Under the bill, tenants who keep pets will need to arrange pet insurance. This requirement will become a standard term in tenancy agreements. If tenants fail to maintain insurance, they will breach their agreement.

The addition of pet insurance provides landlords with greater reassurance that potential damage caused by pets will be covered.

How Landlords Can Protect Their Properties

The Renters’ Rights Bill is going to bring some big changes to how things work in the rental market. But don’t worry – there are a few straightforward steps landlords and agents can take to feel ready and keep their properties protected:

1. Update tenancy agreements : Include clauses that reflect the new rules, such as the pet insurance requirement, and ensure they clearly outline tenant responsibilities for pet-related damage.

2. Create a detailed inventory : Record the property’s condition at the start of the tenancy. This will act as evidence if there are disputes about damages at the end of the tenancy (allowing for fair wear and tear).

3. Carry out regular inspections : Check that the property is being well maintained and that the tenant is looking after the pet properly.

4. Consider the property’s suitability : If a tenant requests a pet, consider the property’s leasehold terms, size, and layout. Is the property appropriate for the type of pet they want to keep?

5. Monitor animal welfare : If there are signs the pet is not being cared for, consider reporting concerns to the relevant animal welfare authorities.

Taking these steps can make it easier for landlords to enjoy the perks of allowing pets while keeping their property safe and meeting all the necessary rules. A little preparation now can go a long way in making sure you’re ready when the changes come into play.

Specialist Advice for Landlords from Woodstock Legal Services

Pets in rental properties can feel like a tricky area to manage, but you don’t have to figure it out on your own. At Woodstock Legal Services, we provide expert advice tailored to landlords to help you prepare for these changes and protect your property.

Contact Oliver Wade , Paralegal in our award-winning Landlord & Tenant Team, at contact@woodstocklegalservices.co.uk or complete the form below to find out how we can help.

Woodstock Legal Services Wins Best Landlord Legal Services Provider – Our Third Win!

Fri, 29 Nov 2024 10:11:01 GMT

We’re delighted to share some fantastic news – Woodstock Legal Services has been named ‘Best Landlord Legal Services Provider’ at this year’s National LIS Awards! It’s our third time winning this prestigious title, and we couldn’t be prouder of our landlord and tenant team for earning this incredible recognition.

The National LIS Awards celebrate the top talent in the legal world, honouring firms that truly stand out. Our landlord and tenant team, led by Anna Hughes , has worked tirelessly to provide landlords across the UK with practical, straightforward advice and trusted expertise. This year especially, with all its regulatory changes and challenges, their dedication has been nothing short of remarkable.

Anna, who accepted the award on behalf of the team, said:
“Winning this award for the third time is an incredible achievement and testament to our team’s hard work over the past year. A big thank you to all who have made this possible."

At Woodstock Legal Services, we’re passionate about offering more than just legal advice. We’re here to provide clarity, confidence, and a genuinely human approach to the property world. Whether you’re a seasoned landlord or just starting out, we’re here to help you every step of the way.

To our incredible clients, thank you for trusting us. To everyone who’s been part of this journey, we couldn’t have done it without you!

For tailored legal advice from our award-winning landlord and tenant team, please reach out to the team at contact@woodstocklegalservices.co.uk or fill out the form below.

Pictured left to right: Lucy Morton, Anna Hughes, Carly Jermyn.

Understanding the New Employment Bill: Implications for Employers of All Sizes

Thu, 14 Nov 2024 15:10:33 GMT

As employment solicitor Tony Bertin explains, the upcoming Employment Bill isn’t just about big businesses - it has something important for all employers to consider. While it’s easy to think this new legislation targets only large companies, the reality is that these provisions could impact organisations of any size. Whether you’re managing a small team or overseeing a large workforce, getting to grips with these changes now will put you in a stronger position when they take effect in October 2026.

A Response to P&O Ferries and the "Hire and Rehire" Ban

The new Employment Bill was largely shaped by the widely publicised actions of P&O Ferries in 2022, where staff were pressured to accept new terms or face dismissal. This incident raised significant concerns throughout the industry, prompting the government to step in and introduce provisions to prevent similar practices.

Under this bill, "hire and rehire" practices will be prohibited in almost all cases, and any dismissal on this basis will automatically be deemed unfair. Notably, employees won’t need to meet a qualifying period to make a claim. Once the bill is in force, employers who attempt “hire and rehire” risk facing serious legal repercussions. For those in HR or managing employment contracts, understanding these changes now is essential for developing a compliant approach to workforce management.

TUPE and Employment Contract Harmonisation - Challenges for Employers

A key concern with the new bill is how it impacts the Transfer of Undertakings (Protection of Employment) (TUPE) regulations, particularly when it comes to harmonising the terms and conditions of employees transferring from one employer to another.

Can Employers Harmonise Employee Benefits?

In theory, harmonising terms upwards is always possible - most employees won’t refuse an increase in pay or benefits. However, difficulties arise when an employer attempts to make downward adjustments in employee conditions. This is especially relevant for employers in sectors like outsourced cleaning or catering, who often gain new staff through contract transitions and will face compliance challenges.

For example, if you’re taking on an outsourced contract, like catering, a thorough understanding of the benefits provided by the outgoing employer - such as Permanent Health Insurance (PHI) or death-in-service coverage - can make all the difference between a seamless transition and potential legal issues.

What Happens When Benefits Don’t Transfer?

Imagine an employer pitches for a contract that includes PHI or death-in-service benefits. Large employers commonly provide these benefits, often including "previous risks accepted" clauses from insurers, meaning that transferring employees are automatically covered. If, however, the new employer cannot offer equivalent benefits, this could effectively be a termination of employment, triggering unfair dismissal claims under the new legislation .

Case Studies of TUPE and the New Employment Bill

To demonstrate the effects of these changes in practice, consider the following scenarios:

Accounting Firms and TUPE Transfers

A mid-sized accounting firm might consider taking on a client’s department as part of a TUPE transfer. Without carefully reviewing the existing employee benefits, the new employer risks inadvertently reducing the rights of transferred employees. If a transferee discovers that their previous sick leave or death-in-service benefits no longer apply, they may have grounds to bring a claim under the new protections for unfair dismissal.

Solicitors and Financial Institutions

Solicitors who take on outsourced legal work from large financial institutions must also tread carefully. Many financial institutions offer comprehensive benefits that can be challenging for new employers to replicate. If an employee suffering from a terminal illness loses valuable sick leave or death-in-service benefits following a transfer, it could lead to distress and, potentially, legal claims.

Conducting Due Diligence to Avoid Legal Complications

Since “hire and rehire” is no longer a viable last resort, employers must conduct deep due diligence in any TUPE scenario. This approach not only reduces risk but also helps to ensure a fair transition for incoming employees. The Employment Bill’s focus on employee protection makes it essential for employers to thoroughly understand their obligations and benefits when dealing with TUPE cases.

Preparing for the Employment Bill: Key Takeaways for Employers

To stay prepared, employers should consider the following:

Review current employment policies to ensure they align with the new provisions.
Conduct comprehensive due diligence when taking on new contracts, especially those involving TUPE transfers.
Work closely with employment solicitors to fully understand the implications of existing benefits on incoming employees.
Equip HR teams to identify and manage potential risks associated with the new “hire and rehire” restrictions.

Specialist Advice for Employers from Woodstock Legal Services

If you’re handling TUPE transfers, harmonising employment contracts, or want to ensure your business remains compliant, Tony Bertin is here to support you.

Contact him at t.bertin@woodstocklegalservices.co.uk or complete the form below.

Woodstock Legal Services Co-hosts Memorable Halloween Event With Outstanding Community Support

Mon, 04 Nov 2024 17:09:59 GMT

We’re thrilled to share the success of our recent Halloween trick-or-treat event on Haven Road! On 31st October 2024, together with Luxe Florae , SuStudio , and many local businesses, we co-hosted a fantastic evening of Halloween fun and community connection, drawing hundreds of visitors from Poole and beyond.

The event brought together local residents and those from further afield, with businesses along Haven Road showing incredible enthusiasm and support. It was wonderful to witness our community’s spirit in full force.

The response from the community was beyond what we could have hoped for, with hundreds of families, friends, and children dressed in their best costumes, all joining in the fun. Word spread through social media, street posters, and good old-fashioned word of mouth, helping to make this one of Poole’s most unforgettable Halloween events.

A key highlight was the strong backing from local businesses on Haven Road. A big thank you goes to The Haven Medical, Dental on the Banks, Elegant Clinic, Luxury Care Group, Day Lewis Pharmacy, Savills, Key Drummond Estate Agents, Mazda, Renova Clinic, Canvas Art Gallery, Dana Quinlan Salon, Kiteleys Solicitors, Johnson Dry Cleaner, Grade 92, Ellis Jones Solicitors, Oxfords Bakery, Blue Hair Dressing, and Moxey & Web.

We were grateful to have Neil Duncan-Jordan , Labour MP for Poole, join us. Neil took the time to chat with Kirsty Jocham about the importance of community-led events like ours. He shared, “ Events like this show the strength and unity of our community. I was delighted to see so many families enjoying Halloween and how many local businesses were willing to get involved. I fully support the event organisers and their commitment to making Haven Road a vibrant and welcoming place for everyone. ”

We’d like to extend a heartfelt thank you to everyone who joined and supported the event. This Halloween celebration truly reflects the unique spirit of Poole and reminds us all of the importance of community spirit.

We’re already making plans for next year and can’t wait to see what’s in store! If you’d like to get involved in future Halloween events or support similar community initiatives on Haven Road, please reach out to Kirsty Jocham at k.jocham@woodstocklegalservices.co.uk .

Warning for Landlords: Ensure Your Gas Safety Certificates Are Properly Signed

Mon, 04 Nov 2024 13:25:01 GMT

In her latest insight, Lisa Etherton , looks at the importance of Gas Safety Certificates and possible repercussions landlords may face. A recent court case has shown how important it is to have these certificates properly signed by your gas safety engineer. Missing a signature might seem like a minor detail - but it can lead to big legal headaches for landlords hoping to regain possession of their property. If you’re a landlord, understanding these requirements can help avoid frustrating delays and costly legal issues.

Why a Signed Gas Safety Certificate Matters for Landlords

As a landlord, you likely know that regular gas safety checks are essential. But did you know that even the smallest oversight - like a missing signature - can make a Section 21 Notice invalid? This was the outcome of a recent case in which a District Judge ruled that an unsigned gas safety certificate led to the dismissal of the landlord’s possession claim.

The Role of Engineer Signatures on Gas Safety Certificates

The engineer’s signature on a gas safety certificate is critical. It confirms that a qualified professional performed the inspection, serving as a mark of authenticity and accountability. Without this signature, a gas safety certificate is incomplete; in legal proceedings, this could mean trouble for a landlord’s right to reclaim their property.

Case Study: How Missing Signatures Led to an Invalid Section 21 Notice

In a recent case in September 2024, a District Judge ruled that a Section 21 Notice was invalid because the landlord’s gas safety certificates lacked the engineer’s signature. Here’s a closer look at what happened:

The landlord initially rented the property to tenants in 2014 and renewed the tenancy several times. As part of their documentation, the landlord provided the tenants with all legally required materials, such as the Energy Performance Certificate (EPC), how-to-rent guides , deposit protection information, and a full history of gas safety certificates. However, the tenants contested the Section 21 Notice, arguing that the gas safety certificates were incomplete due to a missing signature.

Upon review, the judge found that while the certificates included the engineer’s printed name and registration number, this wasn’t enough to satisfy legal requirements. Without an authenticating signature, the certificates were not officially validated, rendering the Section 21 Notice invalid. As a result, the possession claim was dismissed. Although this decision is a county court judgment and not legally binding across all cases, it could influence similar cases in the future.

Practical Tips for Landlords to Ensure Gas Safety Compliance

To avoid the pitfalls shown in this case, here are a few practical steps every landlord should take:

Double-Check Your Certificates : Before issuing a Section 21 Notice, review your gas safety certificates. Look for both the name and signature of the engineer, as each is necessary to meet compliance requirements.
Clarify Requirements with Your Contractor : If you rely on contractors, like British Gas, for gas safety checks, discuss the importance of including both the name and signature on the certificates. Make sure they know this detail is required to make the certificate legally sound.
Keep an Organised Record : Store signed copies of all gas safety certificates in a secure, accessible place. A clear record of your gas safety compliance can be invaluable if you ever need to present evidence in court.

What This Case Means for Future Section 21 Notices

This recent judgment may influence how other courts handle similar cases. Ensuring your gas safety certificates are signed now can help you avoid significant setbacks in possession claims later, especially as tenancy laws evolve.

Specialist Advice for Landlords from Woodstock Legal Services

Ensuring all legal requirements are met can feel daunting, especially with ongoing changes in tenancy laws. For straightforward, reliable advice on gas safety obligations and other landlord legal requirements, contact Lisa Etherton , Paralegal in our award-winning Landlord & Tenant Team. Email the team at contact@woodstocklegalservices.co.uk or complete the form below. We’re here to help you stay compliant, protect your rights, and make the process as smooth as possible.

The Impact of the Employment Bill: Preparing for Day 1 Rights and Probationary Periods

Tue, 15 Oct 2024 14:26:03 GMT

In his latest insights, Employment Solicitor Tony Bertin breaks down the key changes brought by the Employment Bill, focusing on the much-anticipated Day 1 right to protection from unfair dismissal and the proposed statutory probationary periods. With these changes on the horizon, it’s important for employers and HR professionals to stay ahead and ensure their workplace practices are up to date to protect their business effectively.

What Does the Employment Bill Mean for Employers?

The recently published Employment Bill, which will soon lead to the Employment Act being enforced, introduces several major changes to UK employment law. While its reach is broad, one of the most debated aspects is the proposed Day 1 right to protection from unfair dismissal. This would allow employees to challenge unfair dismissal from the moment they start their employment, a significant shift from the current two-year qualifying period.

Day 1 Right to Protection from Unfair Dismissal

Although this change has caught the attention of employers, it’s important to note that it might not be as immediate as anticipated. The government has hinted at introducing a statutory probationary period, likely lasting six months, though this could extend to nine months after consultation. This means that the Day 1 rights could be tempered by the existence of a probation period, giving employers more time to assess their new hires.

The Importance of Probationary Periods in Employment Contracts

Regardless of the forthcoming legislation, probationary periods have long been a crucial part of employment contracts. We see the benefit of employers implementing six-month probationary periods, with the flexibility to extend them by up to another six months, subject to mutual consent. This practice offers employers additional time to assess whether a new employee is a good fit for the role and the company.

How to Manage Probation Periods Effectively

While probationary periods provide valuable protection, they must be managed carefully. One of the most important tools employers can use is the diary. Waiting until the end of the six-month period to assess an employee’s performance can be risky. By then, the probationary period might have lapsed, leaving the employer unable to act without risking an unfair dismissal claim.

Best Practices for Managing Probation Reviews

We recommend setting a probationary period of five months and ensuring that the review process is finalised before the six-month mark - or nine months, should that become the new statutory period. By doing so, employers can make informed decisions before the probationary period expires and avoid inadvertently allowing a new hire to secure full employment rights without a proper evaluation.

Looking Ahead: Further Changes on the Horizon

The introduction of statutory probationary periods is just one part of the Employment Bill. Over the coming months, we will continue to analyse other significant changes that will affect employers. As always, it is crucial for businesses to stay informed and adjust their workplace practices to remain compliant with evolving employment laws.

Specialist Advice for Employers from Woodstock Legal Services

Navigating these changes can be complex. If you have questions or need advice on how to adapt your employment contracts and policies in light of the Employment Bill, Woodstock Legal Services is here to help. Contact Tony Bertin by emailing t.bertin@woodstocklegalservices.co.uk or complete the form below.

The Difference Between a Rolling Tenancy and Renewing a Tenancy

Thu, 26 Sep 2024 10:17:12 GMT

We understand that keeping up with tenancy agreements can be confusing, especially when the fixed term of an assured shorthold tenancy (AST) expires. Our award-winning Landlord & Tenant team at Woodstock Legal Services explain the key differences between a rolling tenancy and renewing a tenancy for landlords. This insight breaks down the pros and cons of each option to help you make informed decisions for your property.

What Happens When a Fixed Term Assured Shorthold Tenancy (AST) Ends?

A common misconception is that tenants must vacate the property when the fixed term of an AST expires. However, when the fixed term ends, the tenancy doesn’t necessarily stop - it becomes either a contractual or statutory periodic tenancy, also known as a "rolling tenancy." This means the agreement continues, with the terms of the original AST still in place, rolling on month to month or week to week, depending on how the rent is paid.

Contractual vs. Statutory Periodic Tenancies

A contractual periodic tenancy occurs when the AST has a clause that explicitly states the tenancy will continue after the fixed term.
If no such clause exists, the tenancy becomes a statutory periodic tenancy.

Landlords must then decide whether to allow the tenancy to roll on periodically or to renew the AST with a new fixed term.

Allowing a Tenancy to Continue as a Rolling Tenancy

Pros and Cons of a Rolling Tenancy

Opting for a rolling tenancy can be a flexible solution for both landlords and tenants. However, it comes with both advantages and disadvantages.

Pros for Landlords :
All the terms of the original AST remain in place, giving landlords the ability to serve notice with at least two months' notice if they wish to regain possession of the property.
No need to renegotiate new contracts, which saves time and paperwork.

Cons for Landlords :
Tenants can also serve notice to vacate, usually providing one rental period’s notice (or four weeks for weekly tenancies).
Potential for more frequent tenant turnover.

Document Service Considerations for Landlords

Landlords need to be cautious with document service requirements when the tenancy becomes periodic. If the AST turns into a contractual periodic tenancy, landlords aren’t required to re-serve the “How to Rent” guide. However, if the tenancy becomes statutory periodic, landlords must serve the latest version of the guide, especially if a new version has been released.

Can You Increase Rent on a Rolling Tenancy?

Yes, landlords can increase rent during a rolling tenancy, but the process differs depending on whether the tenancy is contractual or statutory.

In England , landlords can either agree on a rent increase with the tenant or serve a Section 13 Rent Increase Notice. This notice must give tenants at least one month’s notice (or more if the rental period is longer).
In Wales , landlords must serve a RHW12 form to provide two months' notice before implementing a rent increase for periodic standard occupation contracts.

It's important to remember that tenants can challenge rent increases by applying to the First-Tier Tribunal, which will determine whether the increase is reasonable.

Deposit Implications for Rolling Tenancies

Rolling tenancies can also affect the handling of deposits. If the tenancy continues as a contractual periodic tenancy, it is treated as one continuous tenancy, meaning the deposit rules apply as they did during the fixed term.

However, if the tenancy becomes statutory periodic, it counts as a new tenancy. This distinction is crucial, as failure to comply with deposit protection rules could result in penalties of 1-3 times the deposit amount per tenancy. Therefore, landlords could face additional liabilities if deposits are not handled correctly, especially when renewing ASTs or moving into statutory periodic tenancies.

Renewing an Assured Shorthold Tenancy (AST)

When landlords choose to renew an AST, they secure a new fixed term with the tenant. This provides more stability, particularly if the tenant is reliable, as you know rent will be paid for the duration of the fixed term.

Advantages of Renewing an AST

Provides long-term security with a fixed rental period.
The landlord can renegotiate terms, including rent increases or additional clauses.

Disadvantages of Renewing an AST

Landlords cannot evict a tenant during the fixed term without either waiting for it to end or using a break clause (if the AST includes one).
Renewing ASTs comes with its own set of document service requirements, including issuing the latest “How to Rent” guide. Failing to comply with these requirements can invalidate a Section 21 notice .

How Will the Renters' Rights Bill Affect ASTs and Rolling Tenancies?

The Government's planned reforms to the private rented sector are set to significantly change the landscape for landlords. Under the proposed Renters' Rights Bill introduced in September 2024, all tenants will move onto a single system of periodic tenancies, which aims to offer tenants more security.

One of the most significant changes is the proposal to end assured shorthold tenancies (ASTs) and fixed-term tenancies altogether. Once the Bill becomes law, all existing ASTs will convert to assured periodic tenancies on a specified date. Landlords should keep an eye on the progress of the Bill as it makes its way through Parliament, as further amendments may occur.

Specialist Advice for Landlords from Woodstock Legal Services

Understanding the differences between a rolling tenancy and renewing an AST is crucial for landlords who want to protect their interests. At Woodstock Legal Services, our landlord and tenant team provide expert guidance to help you navigate tenancy agreements, rent increases, and upcoming legislative changes.

For personalised landlord legal advice, contact our Landlord & Tenant team by emailing contact@woodstocklegalservices.co.uk or completing the form below.

Woodstock Legal Services Excitedly Welcomes Property Litigation Expert Farrah Khalid!

Thu, 15 Aug 2024 07:00:01 GMT

Woodstock Legal Services, an ambitious law firm in Dorset, has further strengthened its specialist legal team with the appointment of experienced solicitor Farrah Khalid .

We are delighted to announce that Farrah Khalid has joined Woodstock Legal Services as a Consultant Solicitor specialising in commercial dispute resolution , insolvency , and property litigation . Farrah brings over 10 years of experience and expertise, enhancing our ability to provide exceptional litigation legal advice to our clients.

Farrah Khalid joins Woodstock Legal Services with an impressive professional background in litigation. She has served clients across the UK, offering her legal services to a diverse range of clients, including SMEs and private clients.

Farrah Khalid’s expertise covers a wide range of property litigation matters, including various aspects of commercial litigation, property litigation, and insolvency issues. Farrah’s strategic approach and attention to detail ensure that her clients receive the best possible legal advice and representation.

Discussing her introduction to law, Farrah Khalid stated :

"My career in law began about ten years ago, inspired by problem-solving in my family's businesses. This background has given me a unique perspective on helping clients navigate complex legal issues."

Speaking on joining Woodstock, Farrah said:

"I am thrilled to join Woodstock Legal Services and contribute to the property litigation team. The firm's reputation for excellence and client-focused approach align perfectly with my professional values. I look forward to working with the team to provide outstanding service to our clients."

Carly Jermyn , CEO of Woodstock Legal Services, comments :

"We are excited to welcome Farrah to our team. Her extensive experience and dedication to property litigation make her a perfect fit for our firm. We are confident that Farrah will significantly enhance our ability to serve our clients' needs."

Contact Farrah for Experienced Legal Advice

For expert property litigation services , contact Farrah Khalid , a Consultant Dispute Resolution Solicitor in the Woodstock Legal Services Team. You can reach Farrah by emailing f.khalid@woodstocklegalservices.co.uk or by completing the form below.

Government Statistics on Possession Claims: Key Insights for Landlords in 2024

Tue, 06 Aug 2024 10:46:35 GMT

Navigating the legal landscape of landlord possession claims can be complex. In her latest insights, our experienced Head of Landlord and Tenant, Anna Hughes , explores the recent government statistics on landlord possession claims from January to March 2024. These insights compare the figures to the same quarter in 2023, providing valuable guidance for landlords.

Increase in Landlord Possession Claims

Recent data indicates a notable rise in landlord possession claims compared to the same period last year. Specifically, the number of claims increased from 23,389 to 24,874 (6%), orders from 17,644 to 18,154 (3%), warrants from 10,503 to 11,407 (9%), and repossessions from 6,501 to 6,864 (6%). This upward trend highlights the growing challenges landlords face in reclaiming their properties.

Accelerated Procedures on the Rise

Accelerated procedures have also seen significant increases across all action types: claims have risen by 7%, orders by 5%, warrants by 15%, and repossessions by 13% compared to the previous year. This underscores the importance of landlords staying informed and prepared for evolving legal requirements.

Court Timescales: Lengthening Process

The median average time from claim to landlord repossession has increased to 24.1 weeks, up from 22.4 weeks in the same period in 2023. This reflects ongoing challenges within the court system, affecting landlords seeking timely resolutions.

Breakdown of Timelines

The median time taken to complete landlord actions has increased for orders and warrants this quarter, following a general downward trend since Q3 2021. The current timescales are:

Claims to Order: Median timeliness is currently 8.1 weeks, up from 7.7 weeks, an increase of 0.4 weeks from the same period in 2023.

Claims to Warrant: Median timeliness has increased to 16.1 weeks, up from 15.3 weeks in the same period in 2023.

Claims to Repossessions: Median timeliness has increased to 24.1 weeks, up from 22.4 weeks in the same period in 2023.

Regional Analysis: London Leads in Possession Claims

Possession claims have increased across all regions, with private and social landlord claims concentrated in London. The highest private landlord possession claim rates were found in London, with Barking and Dagenham leading at 844 per 100,000 households owned by a private landlord.

Private Landlord Repossessions by Region

From January to March 2024, the regions with the highest private landlord repossessions per 100,000 households owned by a private landlord are:

Burnley: 196 per 100,000 households

Newham: 173 per 100,000 households

Bexley: 171 per 100,000 households

Bailiff Actions

London local authorities account for 5 of the 10 boroughs with the highest rate of private landlord repossessions. Burnley, Newham, and Bexley lead in private landlord repossessions, reflecting the concentration of eviction activities in these areas.

Challenges with Court Delays

Court delays can be incredibly frustrating for landlords who have already waited many months for a possession date. The Civil Procedure Rules state that a possession claim won’t be less than 28 days from the issue of the claim form and no more than 8 weeks. However, as shown in the statistics, landlords can sometimes be waiting longer.

Abolition of Section 21 Notices

With the abolition of Section 21 Notices, there are concerns about how the court system will manage the additional pressure. All accelerated claims will now require a hearing, adding further strain to an already overburdened court system. The Labour Government has not committed to addressing the backlog of possession claims or speeding up the eviction process. Instead, the focus remains on scrapping Section 21 Notices as quickly as possible.

Importance of Quality Legal Advice

In light of the delays, landlords must seek quality and timely advice to ensure their claims proceed swiftly through the court system. Any mistakes with paperwork or lack of evidence to support the grounds for possession could prove very costly and create significant delays.

Specialist Advice for Landlords from Woodstock Legal Services

For expert legal advice, landlords can rely on the experienced award-winning Landlord & Tenant team at Woodstock Legal Services. Contact Anna Hughes , Head of our award-winning Landlord & Tenant Team, by emailing a.hughes@woodstocklegalservices.co.uk or completing the form below for comprehensive support.

Daylia-Maria Jonson Joins Woodstock Legal Services as a Consultant Residential Conveyancer

Wed, 31 Jul 2024 09:00:00 GMT

Woodstock Legal Services is delighted to announce the appointment of Daylia-Maria Jonson as a Residential Conveyancer Consultant, further strengthening our Residential Property Team .

We are thrilled to welcome Daylia-Maria Jonson to our ever-expanding Residential Property team . With nearly 30 years of experience in the legal profession, Daylia brings a wealth of knowledge and expertise to our firm. She began her career as a trainee secretary for a small firm of solicitors, where she gained comprehensive experience in various areas of law. Her passion for conveyancing led her to specialise in this field, and she has since dedicated herself to providing exceptional residential property legal advice.

Daylia's career is marked by a diverse background. After her initial foray into law, she pursued an English degree and spent almost a decade working as an English teacher. This unique combination of skills allows her to offer clear and effective communication, especially to first-time homebuyers who may need more guidance through the conveyancing process.

Daylia has a clear vision for her role at Woodstock Legal Services. She is committed to specialising in residential property sales, ensuring that clients receive focused and expert legal advice. Her experience includes working with a broad spectrum of clients, from property investors to first-time buyers, always providing a personalised and stress-free experience.

Reflecting on her journey, Daylia shares:

"I transitioned to consultancy because I wanted to bring the care back into conveyancing. In larger firms, clients often become just numbers, but I believe in offering a service where clients feel valued and understood. At Woodstock Legal Services, I can provide the personalised attention my clients deserve."

Daylia's appointment is part of our ongoing commitment to expand and enhance our Residential Property team. Her focus on building her brand as a sales lawyer aligns perfectly with our firm's values of providing specialised and high-quality legal services.

Daylia highlights her transition to consultancy:

"I transitioned to consultancy because I wanted to bring the care back into conveyancing "

Carly Jermyn , CEO of Woodstock Legal Services, expressed her enthusiasm about Daylia joining the team:

"We are incredibly excited to have Daylia on board. Her extensive experience and dedication to client care make her a perfect fit for our team. We are confident that she will significantly contribute to the continued growth and success of our Residential Property team."

Contact Daylia-Maria Jonson for Residential Conveyancing

For expert residential property legal advice, contact Daylia-Maria Jonson, a Consultant Residential Conveyancer in our Residential Property Team . Email Daylia-Maria Jonson at d.jonson@woodstocklegalservices.co.uk or complete the form below to get started.

Understanding the Impact of the King's Speech on Leasehold and Freehold

Thu, 25 Jul 2024 09:00:00 GMT

In King Charles III's first speech, significant reforms were announced concerning leasehold and freehold properties in the UK. These reforms, part of the Leasehold and Freehold Reform Act 2024, are set to reshape property ownership, providing homeowners with greater rights, powers, and protections. Levi Rees a Consultant Conveyancer with extensive experience, is here to break down what these changes mean for both freeholders and leaseholders.

Major Reforms Announced

Ban on Leaseholds for New Houses

One of the most impactful changes is the ban on selling new houses as leasehold properties. This reform applies to houses in both England and Wales but not to new flats. This shift aims to put an end to the outdated and often criticised feudal leasehold system, promoting a fairer approach to property ownership.

Extended Standard Lease Periods

The standard lease extension period for both houses and flats will increase to an impressive 990 years, with ground rents reduced to zero. This extension provides leaseholders with greater security and long-term financial predictability, providing less hassle and making it more affordable to manage their homes.

Consultations on Ground Rent Caps

The government will also consult on capping existing ground rents, a move designed to protect leaseholders from excessive charges. This is a significant step towards making homeownership more affordable and fair, addressing one of the major pain points for leaseholders.

Additional Provisions and Protections

Law Commission Recommendations

The government plans to enact the remaining Law Commission recommendations related to leasehold enfranchisement and the Right to Manage. This includes tackling unregulated and unaffordable ground rents and removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.

Reinvigorating Commonhold

Efforts to reinvigorate commonhold through a comprehensive new legal framework are underway. By banning the sale of new leasehold flats and making commonhold the default tenure, the government aims to provide a more straightforward and fair ownership model.

Benefits and Concerns

These reforms are designed to benefit the 4.9 million leaseholders in England and Wales by offering greater security and financial predictability. However, some concerns remain. One significant issue is the potential increase in costs for lease extensions. As the regulation of extension fees by freeholders remains contentious, it is crucial for the government to ensure thorough consultation and careful implementation of these reforms to avoid unintended consequences.

In-Depth Analysis of the Reforms

The Leasehold and Freehold Reform Act 2024 introduces transformative changes that impact various aspects of property ownership. Let's delve deeper into some of the key provisions:

Leasehold Ban on New Houses

This reform seeks to address long-standing issues associated with leasehold properties, such as escalating ground rents and restrictive covenants. By banning the sale of new houses as leasehold, the government aims to eliminate these problematic practices. This change will help future homeowners avoid the pitfalls of leasehold agreements, which have often been criticised for being unfair and financially burdensome.

Extended Lease Periods and Ground Rent Reduction

Extending the standard lease period to 990 years with ground rents reduced to zero is a monumental shift. This move effectively turns leasehold properties into a more secure form of tenure, closely resembling freehold. Leaseholders will no longer face the uncertainty of escalating ground rents or the need for costly lease renewals. This change also enhances the value of leasehold properties, making them more attractive to potential buyers.

Ground Rent Cap Consultations

The consultation on capping existing ground rents is a critical step towards protecting current leaseholders. Excessive ground rents have been a significant issue, leading to financial strain for many homeowners. By capping these charges, the government aims to provide immediate relief to leaseholders, ensuring they are not subjected to unfair financial demands.

Law Commission Recommendations

Implementing the Law Commission's recommendations on leasehold enfranchisement and the Right to Manage is pivotal. These measures empower leaseholders by making it easier and more affordable to purchase their freehold or take over the management of their buildings. The removal of the threat of forfeiture also offers greater protection, ensuring leaseholders are not unduly penalised for minor breaches of their lease agreements.

Commonhold as the Default Tenure

Reinvigorating commonhold as the default tenure for new flats represents a significant shift towards a more democratic and transparent form of property ownership. Commonhold allows for collective ownership and management of buildings, giving homeowners a greater say in how their properties are run. This model addresses many of the issues associated with leasehold, such as lack of control and high service charges, providing a fairer and more sustainable alternative.

Contact Woodstock for Specialist Leasehold and Freehold Advice

For personalized guidance, you can contact our Experienced Consultant Conveyancer, Levi Rees , who is part of our property team . Levi Rees can be reached at l.rees@woodstocklegalservices.co.uk or by phone at 01446 396358. Levi has extensive experience in navigating the intricacies of property law and is ready to assist you with any queries or concerns you might have regarding the new reforms.

The King's Speech and Employment Law: Navigating the Changes

Wed, 24 Jul 2024 09:00:00 GMT

The King's Speech on July 17th didn't come with many surprises, especially for those who have been keeping an eye on the Labour government's proposed changes to employment legislation. Many of these changes had been highlighted in their manifesto and campaign material. However, understanding these changes and their potential impact is crucial for both businesses and employees.

In this blog, we'll focus on the key proposals that could significantly impact the workplace. We'll also provide some practical advice on managing these changes. It's important to remember that the Employment Rights Bill will need to go through the legislative process, including debates in the chamber and the House of Lords, as well as impact studies. This means the final form of the bill might differ from the current government’s intentions. So, let's dive into the key points.

Zero-Hours Contracts: Moving Towards Fairness

One of the most significant proposed changes is the ban on exploitative zero-hour contracts. The government plans to ensure that workers have the right to a contract that accurately reflects the number of hours they regularly work. Additionally, all workers will receive reasonable notice of any shift changes, with proportionate compensation for shifts that are cancelled or curtailed. This move aims to end 'one-sided' flexibility, providing a baseline level of security and predictability for all jobs.

From a practical standpoint, there’s no inherent need to impose zero-hours working. Employers can offer contracts with a minimum and maximum number of hours. For instance, in industries like hospitality, this approach could make recruitment easier by providing more job security to potential employees. By having a more predictable schedule, workers can better plan their personal lives, which can lead to higher job satisfaction and retention rates.

Fire and Rehire: New Protections for Workers

The government also aims to end 'Fire and Rehire' and 'Fire and Replace' practices by reforming the law to provide effective remedies. They plan to introduce a code of practice similar to the ACAS code to cover these situations.

While these changes seek to protect workers from abrupt and unfair changes in employment terms, there will still be scenarios where businesses need to manage continuity. If a business needs to cut labour costs, offering revised pay structures could be a viable alternative to redundancies. It's crucial for businesses to communicate transparently with their employees and to explore all possible alternatives before resorting to such measures.

Basic Day-One Rights: Strengthening Worker Protections

Another significant proposal is to make parental leave, sick pay, and protection from unfair dismissal available from day one for all workers. This move ensures that all employees, regardless of their length of service, have immediate access to essential employment rights. However, employers will still be able to operate probationary periods to assess new hires.

The key takeaway here is that ensuring good recruitment practices and proper assessment processes will be crucial. Employers will need to be diligent in their hiring practices to utilize probationary periods effectively. This approach not only protects employees but also encourages employers to invest in thorough recruitment and onboarding processes.

Extending Tribunal Time Limits: More Time for Reflection

The proposed changes also include extending the time limit for issuing tribunal proceedings from 3 months to 6 months. While employers might not welcome this change, the current 3-month period often creates a rush to issue a claim. Extending this to 6 months could provide employees with more time for reflection and to secure new employment, potentially reducing the number of claims.

From an employee’s perspective, this extension allows for a more thoughtful approach to resolving disputes. It provides a better opportunity to seek legal advice, gather evidence, and consider all available options before proceeding with a claim. For employers, it emphasizes the importance of maintaining fair and transparent practices to prevent disputes from escalating to tribunal claims.

Navigating the Changes: Practical Tips for Employers and Employees

Review Contracts and Policies

Employers should review and update employment contracts and workplace policies to ensure compliance with the new regulations. This includes adjusting zero-hour contracts and implementing fair scheduling practices.

Transparent Communication

Investing in training for management and HR personnel can help ensure that the new laws are implemented correctly and fairly. This includes understanding the new rights and protections for employees and how to manage them effectively.

Specialist Employment Law Advice from Woodstock Legal Services

Navigating these changes can be complex, but you don't have to do it alone. At Woodstock Legal Services, we offer specialist employment law advice tailored to your needs. Contact Tony Bertin and Richard Hiron , our experienced employment solicitors , at contact@woodstocklegalservices.co.uk to get expert guidance on how these legislative changes might affect your business or your rights as an employee.

Understanding Anti-Social Behaviour Evictions

Mon, 22 Jul 2024 11:14:25 GMT

Anti-social behaviour is a huge issue in communities and neighbourhoods, often affecting the quality of life for many residents in the area.

What Constitutes Anti-Social Behaviour?

On 27 March 2023, the former Conservative Government released a policy paper on their Anti-Social Behaviour Action Plan. The policy stated:

Everyone has the right to live without the fear of facing anti-social behaviour. To leave their home without dreading intimidation from neighbours, visit their local high street free of disorder and drug taking, take the train or bus to work without fear of abuse, and walk down a pavement clear of dog mess and litter. Women and girls should not feel unsafe walking alone at night and families should not be intimidated away from parks by drug paraphernalia and groups of youths engaging in threatening behaviour. Businesses should not suffer and shops shutter because town centres are no longer places people want to be.

Anti-social behaviour covers criminal and non-criminal behaviour including:

a) intimidatory behaviour, such as threatening or unruly behaviour, drunkenness, harassment and loitering in public spaces;

b) drug use, and the paraphernalia, mess and disruption that can go with it;

c) vandalism, graffiti, and the plague of fly-tipping and littering; and

d) disruptive neighbours consistently playing loud music or letting their dog bark all night.

The Conservative Government reported that in the private rented sector, one in three landlords who have ended a tenancy reported that they did so because their tenant demonstrated antisocial behaviour.

How do landlords currently obtain possession from anti-social behaviour tenants?

The tools currently available for landlords to recover possession from anti-social behaviour tenants are:

Ground 7a Section 8 Notice - to establish mandatory ground 7A, one of the five conditions relating to antisocial behaviour must be met:

1. Conviction of a serious offence,

2. Breach of an Injunction to prevent nuisance or annoyance,

3. Breach of a criminal behaviour order,

4. A Closure order has been made on the property,

5. Conviction under a noise nuisance offence.

If the anti-social behaviour does not satisfy ground 7A, then landlords are left with discretionary grounds - Ground 12 breach of a term of the tenancy agreement and ground 14 causing a nuisance at the property.

The problem with these grounds is that they are discretionary, which means it is up to a Judge whether to award possession on the day of the hearing. Causing a ‘nuisance’ can be open to interpretation and what one deems as anti-social behaviour, another may not. Judges also need to weigh up the impact of making a tenant potentially homeless, so it is a balancing act against protecting the neighbourhood and community and housing stability for the individual.

The first possession hearing is only listed for 5-10 minutes so it is incredibly important for landlords and agents to ensure that their case is well presented. The Judge will look at the evidence available so agents and landlords must keep records of any reports, complaints or statements from the neighbours. Often those affected by the anti-social tenants will be reluctant to give evidence, particularly if there is a risk the claim may fail and they are forced to remain living in close proximity to those against whom they have given evidence to the court.

Section 21 Notices

Given the difficulties proving anti-social behaviour under the discretionary grounds, landlords typically utilise section 21 Notices as an alternative. Provided the requirements of Section 21 have been complied with, landlords can recover possession and are not required to demonstrate the anti-social behaviour grounds are satisfied. This, in theory, also protects any additional impact on the neighbours of the anti-social tenant.

Challenges and Considerations

While evictions for anti-social behaviour are a necessary tool for maintaining community safety and harmony, they are not without challenge and ethical considerations:

Balancing Rights: Eviction impacts the tenant’s right to housing, making it crucial to balance the rights of the tenant against the community’s need for a safe environment.

Financial Costs: The eviction process incurs significant legal fees, court costs, and potential loss of rental income. Additionally, landlords may face property damage linked to the anti-social behaviour.

Vulnerability: Many individuals involved in anti-social behaviour may have underlying issues such as mental health problems or substance abuse. Addressing these root causes is essential to prevent recurrence.

Support and Rehabilitation: Effective anti-social behaviour management should include support and rehabilitation for offenders, helping them integrate positively into the community.

Reform in the Private Rented Sector

The Renters Reform Bill was originally introduced to fulfil the Conservatives’ 2019 manifesto commitment to create a fairer rental market for both tenants and landlords. Amongst other commitments, it sought to provide greater security for tenants by abolishing the Section 21 ‘no fault’ evictions while strengthening the grounds on which landlords can seek to repossess their properties. The primary aim was to strike a balance between protection for tenants and giving landlords the confidence that the private rented sector is a good place to invest.

As part of the reforms, the Conservative Government planned to expand the discretionary eviction ground, to make anti-social behaviour easier to prove in court: clarifying that any behaviour ‘capable’ of causing ‘nuisance or annoyance’ can lead to eviction. Although in practice that would have made much of a difference is open to debate. The Bill did not make it through Parliament in time before Parliament was dissolved, and reform in the private rented sector is now up to the Labour party.

Labour's Commitment to Rental Reform

In the King's Speech briefing document, there are details of a new Renter’s Rights Bill. Amongst other commitments, Labour reiterated its commitment to abolishing Section 21 "no fault" evictions. Labour plans to introduce new, clear, and expanded grounds for possession, ensuring landlords have legitimate reasons to reclaim their properties. This approach is expected to be expedited, unlike the Conservative approach, which intended to delay abolition of section 21s until after court reforms.

Anti-social behaviour evictions are a complex and sensitive issue requiring a careful and balanced approach. While eviction can provide relief to affected communities, it must be handled with fairness, support, and a focus on addressing the underlying causes of anti-social behaviour.

Specialist Advice for Landlords from Woodstock Legal Services

Navigating the complexities of anti-social behaviour evictions can be challenging. At Woodstock Legal Services, we provide expert guidance to landlords, ensuring you have the necessary tools and knowledge to manage such issues effectively. Our award-winning landlord and tenant team is here to support you with detailed advice and practical solutions. For specialist legal advice, contact Anna Hughes at a.hughes@woodstocklegalservices.co.uk or complete the form below.

Woodstock Legal Services Expands Derbyshire Reach with Experienced Residential Property Solicitor

Tue, 25 Jun 2024 07:30:00 GMT

Woodstock Legal Services is an ambitious law firm based in Dorset. Has further strengthened its residential property team with the appointment of experienced solicitor Chloe Scott . Chloe brings a wealth of knowledge and expertise, further enhancing the firm's capability to provide top-notch residential property legal advice .

Chloe's career began in 1999 when she entered the legal field as a paralegal in conveyancing in Harrogate, North Yorkshire. Over the years, she has garnered extensive experience working with various firms across the UK.

With over two decades of experience in the industry, Chloe has worked with a diverse range of clients, from first-time buyers to high-value portfolio holders. Chloe provides clients with a comprehensive range of residential property and conveyancing services , including Sale and purchase transactions, Transfers of Equity, Remortgages, Deeds of Variation, Deeds of Grant and Adverse Possession Applications.

Speaking on joining Woodstock, Chloe Scott said:

“I chose to join Woodstock Legal Services because of their excellent branding and supportive environment. Already, I feel the positive impact. I'm excited about the future and the opportunities to make a significant difference for our clients.”

Discussing her approach to clients, Chloe stated:

“I believe in building strong relationships with my clients, understanding their unique needs, and providing tailored solutions. Whether they are first-time buyers or seasoned investors, I strive to make the conveyancing process as seamless and stress-free as possible.”

Her journey includes significant roles at national firms such as O'Neil Patient, where she kept pace with the latest conveyancing technologies and practices. Chloe’s dedication to her career saw her rise to the position of Legal Director at Bespoke Law Service.

Carly Jermyn , CEO at Woodstock Legal Services, said:

“We are thrilled to welcome Chloe Scott to our team. Her extensive experience and client-focused approach align perfectly with our firm's values. Chloe's commitment to excellence and her innovative problem-solving skills will be invaluable assets to our clients and our firm.”

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts an impressive team of over 70, attracting top legal talent from regions like Dorset, Devon, Hampshire, Yorkshire, Derbyshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy -based approach to legal work and unwavering commitment to client service.

Contact Chloe Scott for Residential Property Services

For comprehensive residential property legal advice , do not hesitate to contact Chloe Scott , Consultant Solicitor at Woodstock Legal Services. Chloe is dedicated to providing exceptional service to a range of clients. Contact Chloe in our Residential Property Team by emailing c.scott@woodstocklegalservices.co.uk or completing the form below.

How the General Election Announcement Impacts the Renters (Reform) Bill

Wed, 29 May 2024 13:27:22 GMT

Landlord & Tenant Specialist Lawyer Anna Hughes examines the impact of the newly announced General Election on the Renters (Reform) Bill, a significant piece of legislation that was aimed at transforming the private rental sector.

Understanding the Implications of the General Election on the Renters (Reform) Bill

Having a fair and balanced rental market is crucial for both tenants and landlords alike. The Renters (Reform) Bill, a key element of the Conservative Party’s 2019 manifesto, aimed to address this balance by abolishing Section 21 'no fault' evictions and strengthening landlords' rights to repossess their properties. However, the recent announcement of the General Election on 4 July meant the Bill failed to gain Royal Assent.

Impact of Parliamentary Dissolution

The Renters (Reform) Bill successfully passed through the House of Commons and was in the committee stage in the House of Lords. Despite this progress, the Bill did not make ‘wash up’. So, with Parliament dissolving on 30 May 2024 the Bill is arguable in the shredder.

The upcoming dissolution marks the official end of a Parliament, rendering all House of Commons seats vacant. With the Bill being missed from the Parliamentary timetable for the last legislative day (24 May), the Bill cannot advance further before dissolution. This delay means the reform now lies with the incoming Government post-election.

The Importance of the Renters (Reform) Bill

Security for Tenants

One of the Bill’s primary objectives is to abolish Section 21 'no fault' evictions, providing tenants with greater security. This change would prevent landlords from evicting tenants without a valid reason, thus offering tenants more stability in the private rental sector.

Rights for Landlords

Simultaneously, the Bill ensured landlords have reasonable grounds for repossessing their properties when necessary. By balancing tenant protection with landlord confidence, the Bill sought to create an attractive environment for investment in the private rented sector.

Future of the Renters (Reform) Bill

The Bill’s future is now uncertain. Even if the Conservative Party wins the upcoming election, the Bill cannot simply continue from where it left off; it must be reintroduced and pass again through all legislative stages, practically taking several steps back.

Potential Scenarios Post-Election

Conservative Majority: If the Conservatives secure a majority, they may reintroduce the Bill, potentially with revisions based on feedback and political strategy.

Labour or Coalition Government: Should Labour or a coalition form the next Government, the approach to rental market reform could change, impacting the specific provisions and priorities. We’ll know more when the Labour Manifesto is released on Thursday 4 ^th July.

What Landlords Should Do Now

Given this period of uncertainty, landlords should stay informed about legislative developments and be prepared for potential changes. Understand your portfolio and make sure your tenancies are compliant. Engaging with professionals such as well-informed lettings agents, educational providers, membership forums and landlord solicitors will provide much needed guidance and ensure you can successfully manage your portfolio within future regulations when they are implemented.

Navigating the Future: Landlords Must Stay Prepared and Informed

The Renters (Reform) Bill represents a significant step towards a fairer rental market. However, its progress is at a halt by the upcoming General Election. Landlords must remain vigilant and seek expert legal advice to navigate this evolving landscape.

Specialist Advice for Landlords from Woodstock Legal Services

For tailored legal advice from experienced landlord solicitors, contact Anna Hughes in our award-winning Landlord & Tenant Team. Email Anna at a.hughes@woodstocklegalservices.co.uk or complete the form below to schedule a consultation.

Woodstock Legal Services Expands Nationwide Conveyancing Expertise with Four Strategic Hires

Tue, 30 Apr 2024 08:00:00 GMT

Woodstock Legal Services continues the expansion of its high-value property team with the addition of four experienced conveyancing lawyers.

These new team members bring decades of combined expertise as Woodstock attracts established legal professionals seeking its innovative consultancy model.

Aruni Ahangama , a Consultant Conveyancer with over 16 years of experience, further expands Woodstock's reach in the London market. Her specialisation in complex, high-value property transactions allows her to provide personalised guidance and ensure seamless outcomes for London clients.

Commenting on joining Woodstock, Aruni said:

"From the outside, Woodstock has such a family-oriented atmosphere. Now that I have joined, I can see that it truly does. I appreciate the attitude, the environment, and the tremendous support from colleagues who put the client at the heart of every transaction."

Woodstock also welcomes Maria Schultz , a Consultant Licensed Conveyancer specialising in the Shropshire property market. Maria brings over 20 years of specialised residential conveyancing experience to the practice, further strengthening its expertise in the region.

Tracey Parsons joins Woodstock as a Consultant Chartered Legal Executive based in Bournemouth. With over 16 years in the field, Tracey is known for her efficiency, "no-nonsense" approach, and consistently excellent client service.

Melanie Townsend , a Consultant Conveyancing Solicitor qualified since 1998 completes the quartet of appointments, adding significantly to the firm's depth of experience. Her expertise covers all areas of residential conveyancing throughout the Cotswolds region positioning Woodstock to seamlessly guide clients through complex, high-value transactions.

All conveyancers provide specialist advice for residential and investment property transactions. This includes expertise in freehold/ leasehold , buy-to-let, retirement properties, unregistered properties, transfers of equity, equity release, re-mortgages, first registrations, and adverse possessions.

Carly Jermyn , CEO of Woodstock Legal Services said:

"We're thrilled to welcome these exceptional conveyancers to Woodstock Legal Services. Their expertise strengthens our residential property team as we see a growing trend of professionals

leaving the traditional law firm model. I believe conveyancing has reached a tipping point. Lawyers are prioritising quality of service by opting for lower case volumes, reducing stress and allowing them to give each client's matter the attentive, proactive focus it deserves. It's a win-win situation for everyone involved."

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now has an impressive team of over 50, attracting top legal talent from regions like Dorset, Devon, Hampshire, Oxfordshire, Shropshire, Wiltshire, Kent, Yorkshire, London, the Midlands, and Wales.

In a year that marks Woodstock’s 10th anniversary, 2024 continues to see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients.

Contact Our Residential Property Solicitors

For residential conveyancing guidance you can contact on property team on 0330 088 5792 or email contact@woodstocklegalservices.co.uk .

Woodstock Legal Services Strengthens Team with Highly Experienced Employment Law Solicitor

Tue, 09 Apr 2024 11:00:32 GMT

Woodstock Legal Services continues its regional expansion, welcoming Tony Bertin , a highly respected Consultant Employment Solicitor with over 45 years of experience in em ployment law.

Based in Kent, Tony has witnessed the evolution of employment law firsthand, including the establishment of the UK's first employment tribunals.

Tony has a hard-earned reputation for assisting both employers and employees across the country, with particular expertise in the Southeast and London. His unparalleled depth of knowledge makes him a trusted source of advice for all aspects of employment law.

Speaking about joining Woodstock, Tony said:

"I’ve seen employment law transform dramatically since those early tribunals. While it offers more robust protections today, the field has also become increasingly complex. That's why I'm thrilled to join the forward-thinking team at Woodstock Legal Services and help clients navigate this ever-evolving landscape. Their commitment to staying ahead of the curve aligns perfectly with my own dedication to providing strategic employment law solutions."

Tony joins Woodstock's established employment team, working alongside Amy Cousineau-Massey and Richard Hiron , both of whom have significant experience in contentious and non-contentious employment law matters. Together, the team covers a wide range of employment law issues throughout England and Wales. This includes expert guidance on contract reviews, settlement agreements, redundancy processes, mediation, and tribunal defence. The team has also quickly established an enviable reputation for advising business leaders, senior executives, directors, and board members in workplace disputes.

Carly Jermyn , CEO at Woodstock Legal Services said:

“We are delighted to welcome Tony to our team. His unparalleled experience provides our clients with a strategic advantage in the ever-evolving field of employment law.”

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now has an impressive team of over 50, attracting top legal talent from regions including Dorset, Devon, Hampshire, Oxfordshire, Kent, Yorkshire, London, the Midlands, and Wales.

The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service.

Contact Our Specialist Employment Law Solicitor

For employment law guidance, contact Tony Bertin at 0330 1800206 or t.bertin@woodstocklegalservices.co.uk . Alternatively, fill in the form below and a member of our team will contact you.

Family Court Fee Increases in 2024 To Come Into Force: What You Should Know

Thu, 28 Mar 2024 17:12:27 GMT

The Government's proposed rise in Family Court Fees, including an increase in divorce and child arrangement fees, is due to come into force. While no exact date has been set, it's expected to take effect in April 2024. In this article, Family Law Solicitor Amy Langlois outlines the new fees the Government is proposing, when they might come into force, and what it means for you.

Why are family court fees rising?

The court system (HMCTS) is a crucial public service that ensures access to justice, a fundamental right in the England and Wales. However, balancing affordability with sufficient funding for a functional system is challenging. The family court system has notably faced significant strain due to funding issues.

Recent inflation, particularly since the last fee review in 2021, has increased operating costs. The compromise of a 10% fee increase aims to support the court system while staying accessible.

When are family court fees rising in 2024?

Think of April 2024 as a possible start date for the new family court fees. This means the cost of your family law case could change if you file your application after that date. It's best to stay updated through official government sources or by consulting with a family law solicitor for the most accurate information.

How much does it cost to get divorced in 2024?

The cost of a divorce in 2024 involves the court fee and potential solicitor costs.

Court Fee: The divorce application fee will rise from £593 to £652 in April 2024.
Solicitor Costs: These vary based on the complexity of your case and the solicitor's fees. Seek transparent fee structures and discuss potential costs upfront.

How much does it cost to go to court for a child arrangements order?

The current fee for a Child Arrangements Order application is £232, and this could increase to £255. However, remember that you might incur other expenses such as mediation costs or solicitor fees.

What are the fees for financial court proceedings in divorce?

Applying for a financial remedy order (financial settlement) currently costs £275. This may rise to £303. Additional court proceedings within the same divorce case could incur separate fees.

How much does a consent order cost?

A consent order seals a financial agreement reached by you and your ex-partner. There's typically a £53 court fee to submit a draft consent order for approval. This fee could increase to £58.

How Can a Family Law Solicitor Help

Expert family law solicitors guide you through your options and prioritise early advice to help you find the quickest and most efficient solutions, potentially minimising the need for court.

They offer transparent fee explanations, inclusive of court fees. As members of Resolution, many solicitors aim for amicable solutions whenever possible. But if court action is necessary, they'll represent your best interests.

A Family Solicitor's View on the Proposed Family Court Fee Increases

Commenting on the proposed family court fee increase, family solicitor, Amy Langlois at Woodstock Legal Services said:

"The Government says the need to increase fees is to help with funding the Courts. However, many argue that the increase in fees only makes it harder for those with limited means to access justice. For those with limited means, there is always the option to complete a Form EX160 for help with fees. However, for those who are not eligible for help with fees, if they are certain their marriage has broken down irretrievably, it makes sense to issue divorce proceedings now, rather than wait until April 2024 when the increase in fees are proposed to take place."

Contact a Family Law Solicitor

If you're concerned about these fee changes, don't hesitate to seek support and guidance from one of our family law solicitors , call 0330 088 5792 or contact using the form below.

Should Landlords Request a Guarantor?

Mon, 18 Mar 2024 10:46:45 GMT

As a landlord in the UK, finding reliable tenants is essential for the success of your rental business. In some cases, requesting a guarantor can provide an extra layer of financial security. Landlord and Tenant lawyer Anna Hughes of Woodstock Legal Services explains what a guarantor is, the benefits of using one, and the potential pitfalls to avoid.

What is a guarantor, and why might you need one?

A guarantor is a person who agrees to cover a tenant's financial obligations under the tenancy agreement if the tenant defaults on payments. This can include overdue rent or damage to your property.

There are several reasons why a landlord might request a guarantor, including:

Tenants with limited income : Students, those on low incomes, or self-employed individuals with fluctuating income streams may benefit from having a guarantor.
Tenants with poor credit history : A guarantor can provide reassurance if the tenant has a less-than-perfect credit score.

The benefits of having a guarantor

Having a guarantor offers landlords significant advantages, primarily providing peace of mind knowing that someone is financially responsible if the tenant cannot pay:

Peace of mind : The primary benefit of having a guarantor is knowing that you have a financial safety net if the tenant is unable to meet their obligations.
Homeowner preference : Ideally, your guarantor should be a homeowner. This increases the likelihood of recovering any unpaid rent or damages, as they may have assets to use for repayment. You can easily verify a guarantor's homeowner status through the Land Registry website.
Alternative contact : A guarantor can also serve as a valuable alternative contact if you have difficulty reaching your tenant.

Pitfalls to avoid with a guarantor

While having a guarantor offers benefits, it's crucial to proceed with caution. Here are some key pitfalls to be aware of

Guarantor's financial capacity : Before accepting a guarantor, ensure they have the financial means to cover the rent if necessary. Carefully assess their disposable income after they've paid their own living expenses.
Watertight agreement : Ensure that the guarantor agreement is watertight when drafting the terms as it is such an important document. You should also consider if the agreement must be signed as a deed to ensure it is an enforceable document. In both of these scenarios, professional legal advice should be sought.
Understanding the agreement : Make sure the guarantor fully understands the terms of the guarantor agreement and their legal obligations. It's advisable to have them sign a copy of the tenancy and to ensure you provide them with a copy of the tenancy agreement.
Changes to the tenancy : Remember that rent increases, tenancy renewals, or other changes to the tenancy agreement may affect the guarantor's obligations. Always seek legal advice from a solicitor when drafting or updating a guarantor agreement.

Specialist Advice for Landlords from Woodstock Legal Services

If you have questions about using a guarantor or need help drafting a legally sound guarantor agreement, our experienced landlord solicitors are here to help. Contact Anna Hughes , Director and Head of our award-winning Landlord and Tenant Team , by emailing a.hughes@woodstocklegalservices.co.uk or completing the form below.

Cuckooing: A Landlord's Guide to This Growing Threat

Tue, 12 Mar 2024 10:00:00 GMT

As a landlord in the UK, you understand the importance of protecting your rental property and ensuring your tenants' safety. Unfortunately, a growing threat known as "cuckooing" can jeopardise both. Eleanor Trapaud , a Landlord and Tenant Solicitor at Woodstock Legal Services, sheds light on this insidious practice and offers practical steps for landlords to protect themselves and their vulnerable tenants.

What is Cuckooing?

Most will know the term ‘cuckooing’ as the situation where a cuckoo bird invades another bird’s nest. However, what is not so well known is that the term also has a place in landlord and tenant law.

Cuckooing is a term used in the property industry to describe the exploitation of a vulnerable individual, usually by an organised criminal group, by way of a home takeover. These groups will target people who are lonely or isolated, have addiction issues, have mental health issues or have learning difficulties. Criminal gangs will single out the vulnerable individual and befriend them to move into their house in order to conduct illegal activity. This can include drug dealing, drug production, human trafficking, and other serious crimes.

Cuckooing not only harms the vulnerable tenant but also puts landlords at risk of property damage, criminal activity on their premises, and potential legal repercussions.

Why Landlords Should Be Concerned about Cuckooing

Cuckooing isn't just a threat to your tenant's safety; it poses serious risks to your property, reputation, and legal standing. Here's why landlords need to take this issue seriously:

Property Damage : Cuckooing activities can lead to significant damage to your rental property.
Criminal Exposure : Unknowingly allowing illegal activity on your property can expose you to criminal investigations and potential legal trouble.
Reputation : Being associated with cuckooing can harm your reputation as a landlord and make it more difficult to find reliable tenants in the future.
Tenant Wellbeing : As a responsible landlord, you have a duty of care towards your tenants. Cuckooing poses a serious threat to their safety and well-being.

A Real-Life Case Study on Cuckooing

There has been a recent incident local to our Canford Cliffs office in Poole, whereby a county lines drug gang singled out a vulnerable female living alone and began using her rented property as a base for drug deals. Due to the tenant’s vulnerable state, the landlords only became aware of this issue when they visited the property to do some routine maintenance. During this visit, the landlord noticed that there were multiple people in the property appearing to be under the influence which seemed to unnerve the tenant.

In the following days, the landlords received a call from the police to say the tenant had been the victim of cuckooing and therefore had been rehomed out of the area to ensure they were not targeted again. However, the issues did not stop there for these landlords as when the gang became aware that the property was empty, they then broke in repeatedly to continue using it as their base for conducting drug crimes.

Protecting Yourself and Your Tenants from Cuckooing

While cuckooing can be a complex issue, there are steps landlords can take to safeguard their interests. Here are some key strategies:

Tip 1 : Know Your Tenant: Conduct thorough reference checks and maintain regular communication with your tenants. Be aware of any changes in their circumstances or behaviour that could indicate vulnerability.
Tip 2 : Understand Your Property's Vulnerability: Is your property located in an area known for high crime rates or gang activity? Take extra precautions if so.
Tip 3 : Recognize the Warning Signs: Be alert to unusual smells, frequent visitors, multiple cars parked outside, signs of property damage, or changes in your tenant's demeanour.

What to Do if You Suspect Cuckooing

If you suspect cuckooing, report your concerns to your local authority and the police immediately. They will work with social services and other relevant agencies to safeguard your tenant and address the criminal activity.

Specialist Advice for Landlords from Woodstock Legal Services

If you suspect cuckooing or have concerns about safeguarding your property, it's essential to seek timely legal guidance. Contact Eleanor Trapaud , a landlord solicitor in our award-winning Landlord & Tenant Team , by emailing e.trapaud@woodstocklegalservices.co.uk or completing the form below.

Shared Ownership: Your Step-by-Step Guide to Affordable Homeownership

Thu, 07 Mar 2024 13:19:24 GMT

Buying a home can seem out of reach for many, with sky-high property prices and strict lending rules. However, the shared ownership scheme could be your key to stepping onto that first rung of the property ladder.

Residential conveyancing expert Gemma Fancini of Woodstock Legal Services explains how shared ownership can turn your dream of homeownership into reality.

In this guide, Gemma’s breaks down the shared ownership scheme step-by-step, making the process easier to understand.

Shared Ownership - At A Glance

Shared ownership makes homeownership more affordable, letting you buy a portion of a property and pay rent on the rest.
It's a great option for first-time buyers who may not have a large deposit saved for a traditional purchase.
You can increase your ownership over time (known as staircasing) and potentially own the property outright .

What is Shared Ownership?

Shared ownership is a government-backed scheme designed to help people who can't afford to buy a property outright. With shared ownership, you purchase a share of a property (usually between 25% and 75%) and pay rent on the remaining share owned by a housing association or local council. This lowers your deposit and mortgage requirements, making your entry into the housing market more manageable.

Am I Eligible for Shared Ownership?

Before diving into the process, it's essential to determine whether you qualify for shared ownership. Eligibility criteria may vary slightly depending on the specific scheme and location, but typically include:

Income Limits : There are maximum household income thresholds to ensure that shared ownership properties are accessible to those with modest incomes.
First-Time Buyer Status: While shared ownership is often targeted at first-time buyers, exceptions may apply in some cases. You cannot already own a property at the time you complete on your shared ownership purchase.
Property Suitability : You must demonstrate that you cannot afford a suitable home on the open market without the scheme.
Local Connections : Some areas give preference to individuals with existing ties to the location.

How to Find Shared Ownership Properties

Once you've confirmed your eligibility, it's time to start searching for a suitable shared ownership property. You can browse available homes through housing associations, councils, or online property portals specialising in shared ownership listings. Consider factors such as location, size, amenities, and proximity to essential services when evaluating properties.

As a requirement of shared ownership properties when these are being re-sold, they first have to be offered back to the housing association or council. They then have a period of time to sell the property. Once that period has time has passed the property can be advertised on the local market. It is therefore advisable to register yourself with housing associations and your local council so you can be alerted once a property becomes available. You can also register your interest in a specific development.

Useful Shared Ownership Resources

Start your property hunt with these resources:

Housing Associations : Many offer shared ownership schemes – search their websites for available listings.
Local Councils : Check if your council runs a scheme and how to register your interest.
Online Portals : Specialised websites focus on shared ownership properties and can narrow your search.

Important Note for Shared Ownership

Shared ownership properties offered for resale usually must first be offered back to the housing association or council. If they decide not to repurchase the property, then it can be marketed on the open market. Register with housing associations and your local council to be notified of new opportunities, as they can sell fast.

Financial Considerations of Shared Ownership

Purchasing a shared ownership property involves various financial considerations. Here's what you need to factor into your budget:

Deposit: While shared ownership typically requires a lower deposit than traditional homeownership, you'll still need to save for an upfront deposit, typically around 5-10% of the share you're buying.
Mortgage: You'll need to secure a mortgage to cover the cost of your share of the property. It's crucial to shop around for lenders who offer shared ownership mortgages and compare rates and terms to find the best option for your circumstances. Some housing associations and councils require you to carry out an affordability assessment with their mortgage broker.
Service Charges and Rent : In addition to your mortgage payments, you'll be responsible for monthly service charges covering maintenance and management costs, as well as rent on the share owned by the housing association or developer.
Legal fees : You'll need a conveyancing solicitor to handle the legal aspects of the purchase.
Survey Costs : It's wise to get a thorough survey of the property before committing, even on new builds.

Staircasing: Increase Your Ownership Share

One of the unique features of shared ownership is the ability to gradually increase your share of the property through a process known as staircasing. This allows you to buy additional shares in the property over time, ultimately leading to full ownership.

Here's how it typically works:

Assessment and Valuation : Before initiating the staircasing process, you'll need to have your property revalued to determine the current market value. This valuation will determine the price of the additional shares you wish to purchase.
Notification : Once you've decided to staircase, you'll need to notify your housing association or landlord of your intention. They'll provide you with the necessary forms and guidance to proceed.
Financing : If you're planning to finance the purchase of additional shares, you'll need to secure a mortgage for the increased amount. Similar to your initial mortgage, it's essential to explore various lenders and mortgage products to find the most suitable option.
Legal Process : Like the initial purchase, staircasing involves legal processes such as conveyancing and ensuring all legal documentation is in order. We can guide you through these steps.
Ownership Increase : Once all paperwork is completed, and funds are transferred, your ownership stake in the property will increase accordingly. You'll pay reduced rent on the remaining share owned by the housing association or council. Once you own 100% of your home, you can, depending on the terms of the lease .

Stamp Duty and Shared Ownership

Depending on the value of the property you may have to pay stamp duty. Stamp duty is a tax on property purchases. With shared ownership properties you can elect to make a one-off payment based on the market value of the property or pay stamp duty just on the share you are purchasing.

If you decide to pay stamp duty on the market value then you won’t need to pay any further stamp duty even if you buy more shares in the property. If you buy any more shares in the property, you do not have to pay any more stamp duty until you own more than an 80% share. Once your share of the property goes over 80% you must send pay stamp duty on the transaction that took you over 80% and any transactions after that.

Shared Ownership: The Pros and Cons

Shared ownership offers a viable pathway to homeownership for individuals and families who may face challenges in accessing the property market through traditional means. By understanding the intricacies of shared ownership, assessing your eligibility, and navigating the buying process diligently, you can embark on your journey to owning a home with confidence. With careful planning and the right support, shared ownership can turn your homeownership dreams into a reality.

Weigh these factors carefully before deciding:

Pros : Lower entry barriers, manageable payments, the potential to own outright.

Cons : Rent payments on top of your mortgage, restrictions on alterations, potential resale limitations

Specialist Conveyancing Legal Advice from Woodstock Legal Services

Shared ownership can be complex, so it is important to seek expert legal advice based on your individual circumstances.

Gemma Fancini can provide valuable insights and support throughout your shared ownership journey, ensuring a smooth and successful homebuying experience. Gemma can be contacted by email g.fancini@woodstocklegalservices.co.uk or by calling 01202 138910 .

Woodstock Legal Services Expands High-Value Property Team with Warwickshire Expert

Thu, 29 Feb 2024 11:09:28 GMT

Woodstock Legal Services continues its national expansion by welcoming experienced Residential Conveyancing Solicitor Arvinder Samra to its growing high-value property team.

Based in Warwickshire, Arvinder (Arvi) brings over 20 years of specialised experience in high-value residential property transactions, serving clients throughout the Warwickshire region.

With a proven track record at large national law firms, Arvi has extensive knowledge in sales, purchases, and all aspects of residential conveyancing , with a particular focus on Warwickshir e conveyancing.

Arvi brings a hard-earned reputation in residential conveyancing and is well-versed in the complexities of high-value property transactions in sought-after Warwickshire locations like Leamington Spa and Stratford-upon-Avon.

Commenting on joining Woodstock, Arvi said:

"Woodstock's consultancy model empowers me to manage my caseload strategically, focus on high-touch service, and ensure each client receives the exceptional attention they truly deserve.

“Fortunately, I've always been able to ease the stress often associated with property transactions by taking on the heavy lifting and building strong client relationships founded on trust and exceeding their expectations."

Arvi values the flexibility Woodstock offers, enabling him to maintain a healthy work-life balance and tailor his approach to individual client needs. This aligns with the Woodstock Legal Services commitment to attracting professionals seeking a fresh, family-oriented alternative to the constraints of traditional law firms.

Carly Jermyn , CEO at Woodstock Legal Services, said:

"We're thrilled to have Arvi join our team. Arvi’s commitment to providing a truly personalised experience, with an emphasis on reducing client stress, fits perfectly with the Woodstock approach."

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now has an impressive team of over 50, attracting top legal talent from regions like Dorset, Devon, Hampshire, Oxfordshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service.

Carly continued:

"We're seeing an increasing trend of experienced lawyers choosing consultancy, a community-focused model allowing our lawyers to focus on delivering exceptional service to their clients.”

Contact Our Warwickshire Residential Property Solicitor

For residential conveyancing in Warwickshire , contact Arvinder Samra on 01926 911246 or email a.samra@woodstocklegalservices.co.uk .

Woodstock Legal Services Strengthens Oxford Presence with Two Conveyancing Experts

Thu, 22 Feb 2024 14:19:28 GMT

Woodstock Legal Services continues its strategic expansion with the addition of Consultant Licensed Conveyancer Charlotte O'Driscoll and Conveyancing Consultant Claire Cousins . The duo brings significant combined experience to the firm's Oxford team, bolstering its ability to serve clients in Oxford and surrounding areas.

Specialising in all aspects of residential property , both Claire and Charlotte have extensive experience in all aspects of residential conveyancing, from sales and purchases to remortgages and Transfers of Equity. Charlotte O'Driscoll focuses on high-value residential property transactions, leveraging over 20 years of expertise. Claire Cousins , with her 20 years of property law knowledge and history of working alongside Charlotte, adds further depth to this dynamic team.

"We're delighted to have Charlotte and Claire join our growing presence in Oxford," said Carly Jermyn , CEO at Woodstock Legal Services.

"Their collective skillset and commitment to exceptional client service are perfectly aligned with Woodstock's approach. This move signals our focus on attracting top talent within the Oxfordshire property sector."

Drawn to Woodstock Legal's innovative consultancy model, both Charlotte and Claire value the autonomy and flexibility it offers. "Woodstock's structure allows me to take true ownership of my caseload and provide a customised, responsive approach for each client," says Charlotte O'Driscoll . "The focus on high-value properties lets me delve deep into the detail which is what I enjoy."

Claire Cousins adds, "The positive, family-oriented atmosphere at Woodstock is refreshing. There's a shared focus on delivering excellence, without the rigidity often found in larger law firms. I appreciate the support I have here, along with the freedom to build relationships directly with my clients."

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts an impressive team of over 45, attracting top legal talent from regions like Dorset, Devon, Hampshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service.

Contact Our Residential Property Specialists in Oxford

For residential conveyancing guidance in the Oxford area, contact Woodstock Legal Services. Reach Charlotte O'Driscoll at c.odriscoll@woodstocklegalservices.co.uk or Claire Cousins at c.cousins@woodstocklegalservices.co.uk .

Woodstock Legal Services continues its growth with appointment of experienced family lawyer

Tue, 30 Jan 2024 23:53:29 GMT

Ambitious Dorset law firm Woodstock Legal Services has further strengthened its family team with the appointment of another experienced family solicitor.

Family lawyer, Emilie Holland joins Woodstock Legal Services as a Consultant Family Solicitor and joins its highly regarded family law team , having already built an enviable reputation across Hampshire, Wiltshire and the South Coast having previously worked for a number of regional law firms.

Surrey-born Emilie has over 14 years of experience dealing with family matters arising from separation, including high-net-worth divorce, dissolution of civil partnerships, cohabitation, complex financial settlements, asset protection and children disputes. Emilie also has vast experience dealing with relationship matters, including injunction proceedings, cohabitation agreements, and Pre-Nuptial Agreements.

Commenting on her appointment, Emilie said:

“I’m delighted to join the ambitious growth here at Woodstock Legal Services, which has achieved impressive growth over the last few years and is a firm breaking the mould with how they provide legal services"

She continued:

“The family team are not only held in high regard but are a team of passionate and committed lawyers who take so much pride in their work for clients.

“Working within family law is highly rewarding, supporting people through difficult and emotional times and ultimately trying to find constructive solutions.”

The Woodstock Legal Services family team already have an excellent reputation across Dorset and the South Coast. Emilie’s appointment takes the Woodstock family law team to three, with family solicitor Amy Langlois joining Woodstock in Bournemouth and, more recently, highly experienced family solicitor Karen Layland joining the firm last month .

The family team advises on a wide range of matters, including divorce, separation, cohabitation agreements, pre-nuptial agreements, arrangements for children and financial settlement arrangements.

Carly Jermyn , CEO at Woodstock Legal Services, said:

“We are delighted to have Emilie join our growing family team. We’ve quickly established a solid reputation in the Dorset region, and I’m pleased that Emilie has joined to help us offer our family law services further afield. Her extensive experience in family law will continue to complement our wealth of legal services to clients. Emilie's appointment showcases our commitment to providing clients with the highest quality legal services, making an already emotional time as manageable as possible.”

In a year which marks Woodstock’s 10-year anniversary, 2024 continues to see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients.

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts an impressive team of over 45 , attracting top legal talent from regions like Dorset, Devon, Hampshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service.

Emilie continued:

“The flexibility of the consultancy model offered by Woodstock is increasingly attractive to busy lawyers, particularly to those with young families. It’s a model that allows lawyers to focus on providing clients with the level of service and support they deserve while balancing a professional and personal life.”

If you would like to discuss your legal options with our family law solicitors , please contact Emilie Holland on 0330 088 5792 or email e.holland@woodstocklegalservices.co.uk .

APPG's Funding Warning for Councils under Renters Reform Bill

Tue, 09 Jan 2024 12:32:28 GMT

With the Renters Reform Bill poised to bring significant changes, understanding its implications is crucial for your long-term strategy for any landlord. Whether you're concerned about how these changes will affect your properties or you're navigating the complexities of landlord-tenant laws, it's essential to have expert guidance.

In her latest insights, Lisa Etherton , in the experienced landlord and tenant team at Woodstock Legal Services, delves into the recent warning from the All-Party Parliamentary Group (APPG ) about the need for increased council funding to enforce the Renters Reform Bill.

The APPG's Concerns: A Burden on Local Authorities

The All-Party Parliamentary Group is made up of members of Parliament from all political parties. The group meet regularly to discuss matters pertaining to private rented housing, conducting inquiries and can host individuals and organisations from outside Parliament.

They have raised serious concerns that the Renters Reform Bill's enforcement provisions would impose a large burden on local authorities. The group's report emphasises the urgent need to address rogue landlords in the private rented sector (PRS) and ensure that councils have robust enforcement powers. However, they are worried that without a significant increase in funding, local authorities will struggle to implement the intended reforms effectively.

Financial Strains Highlighted by the Local Government Association

The Local Government Association's warning signals a potential funding crisis for councils. They state that one in five councils anticipate issuing a Section 114 notice within the next year, a notice issued if a council cannot meet its expenditure commitments from its income.

This financial strain highlights the need for substantial multi-year funding from the government to ensure councils can enforce the planned decent homes standard and secure safe and secure rented homes.

The Shortage of Environmental Health Officers and its Impact

The Chartered Institute for Environmental Health, in its evidence to the Renters (Reform) Public Bill Committee, has warned that the current number of Environmental Health Officers (EHOs) is insufficient to handle the existing volume of tenant complaints. The institute cited data showing that for every 10,000 private rented homes, there were less than 3 EHOs, highlighting a significant resource gap in housing regulation.

Renters and Landlords Caught in the Balance

The APPG also expressed concerns about the Bill's impact on both renters and responsible landlords, particularly with the proposed elimination of section 21 'no fault' evictions . They are concerned about the delays in the justice system and how these will affect legitimate possession claims.

Andrew Lewer MBE's Call for Robust Enforcement

Andrew Lewer MBE, Chair of the APPG and Conservative MP for Northampton South, stresses the importance of the Bill in providing security for tenants and confidence for responsible landlords. He criticizes the lack of detail from ministers on improvements to the justice system, especially in light of the ending of section 21 evictions, saying, "It is simply unacceptable that ministers have provided scant detail about what improvements to the justice system will look like and when they will happen."

Legislative Journey and Uncertain Future of the Bill

The Renters Reform Bill still needs to complete its passage through the House of Commons and then progress through the House of Lords. With an upcoming General Election adding pressure, the future of the Bill remains uncertain.

Contact Us for Landlord Legal Advice

For detailed guidance on the Renters Reform Bill or any landlord legal issues, contact Lisa Etherton at l.etherton@woodstocklegalservices.co.uk , or complete the form below. We also offer a Landlord Legal Advice Helpline Our Landlord & Tenant Team is a vital resource for landlords navigating the UK's changing rental laws.

Legal Advice Helpline for Landlords and Agents

Running a property business can be a rollercoaster. Whether you're juggling tenant needs, trying to stay on of constant changes to the law, or just keeping everything ticking over, it’s a lot to handle. Our Landlord and Tenant Legal Helpline is designed to make your life easier. It’s straightforward, reliable, and puts you in touch with our legal experts in no time.

So, whether it’s a question about a possession notice, a landlord’s obligations under a tenancy agreement, or you just want to pick our brains about a general landlord and tenant query, we're here to assist. Find out more >

Right to Rent Check’ Regulations – Higher Fines for Landlords

Fri, 05 Jan 2024 12:00:07 GMT

Understanding the legalities of property rental in the UK is crucial, especially with the ever-evolving landscape of landlord responsibilities. Whether you're a seasoned property owner or new to the landlord scene, staying informed and compliant with the latest regulations is critical to a successful rental business.

In his latest insights, landlord and tenant expert Alex Giblett delves into the significant changes to the Right to Rent scheme as part of a wider crackdown on illegal immigration, effective from 22 January 2024

Increased Fines for Right to Rent Non-Compliance

The UK Government, as part of its crackdown on illegal immigration, has introduced higher fines for landlords who fail to comply with Right to Rent checks. The severity of these fines varies depending on the nature of the breach.

Level 1 – The first breach maximum penalty increases as follows:
Lodgers in a private household is £5,000 (up from £80)
Occupiers in rented accommodation is £10,000 (up from £1,000)

Level 2 - Subsequent breach maximum penalty increased as follows:
Lodgers in a private household is £10,000 (up from £500)
Occupiers in rented accommodation £20,000 (up from £3,000)

These heightened penalties underscore the importance of conducting thorough Right to Rent checks before the commencement of any tenancy.

What is a ‘Right to Rent Check’?

A Right to Rent check is a mandatory process for all landlords in England, forming a crucial part of their legal responsibilities. This check is not just a formality; it's a vital step in ensuring that the tenancy arrangement adheres to UK immigration laws.

Understanding the ‘Right to Rent Check’ Process

Document Verification : The check involves scrutinising documents that prove a potential tenant's right to reside in the UK. This includes passports, visas, or residence permits. Landlords must ensure that the documents are genuine and current.
Follow-Up Checks : If a tenant has a time-limited right to rent, landlords are required to conduct follow-up checks. These checks should be done just before the expiry date of the tenant's right to rent or 12 months after the initial check, whichever is longer.
Record Keeping : Landlords must keep copies of all documents checked. These records should be stored securely for at least one year after the tenancy ends.

Why the Right to Rent Check Process is Important

Legal Compliance : Failure to conduct these checks can lead to severe penalties. Since 2018, landlords have faced over 320 civil penalties totalling £215,500 for non-compliance, highlighting the government's strict enforcement of these rules.
Tenant Eligibility : These checks are essential for verifying that tenants are legally allowed to rent in the UK. It helps in preventing illegal tenancy arrangements and ensures that landlords are not unknowingly contributing to illegal immigration.

Navigating Complex Cases

Challenging Scenarios : Situations like tenants with pending immigration applications or those who cannot provide documents due to compelling reasons can be challenging. In such cases, landlords can request a 'Right to Rent' check from the Home Office.
Avoiding Discrimination : While conducting these checks, landlords must be careful to avoid discriminatory practices. It's important to treat all potential tenants equally, regardless of their nationality or race.

The Role of Agents in Conducting Checks

Landlords may appoint agents to carry out these checks on their behalf. It is advisable to work with a reputable agent and maintain a written agreement that specifies their responsibility for the Right to Rent checks and any necessary follow-up actions.

How Woodstock Legal Services Can Assist

At Woodstock Legal Services, we specialise in providing comprehensive landlord legal advice . Our award-winning Landlord and Tenant team is well-versed in the nuances of landlord legal obligations in the UK, including the latest changes to the Right to Rent regulations.

As a landlord, staying informed about legal changes is crucial. Our insights aim to provide clarity and guidance, helping you navigate the complexities of property law and tenant rights.

Specialist Advice for Landlords from Woodstock Legal Services

If you're a landlord needing assistance with the Right to Rent checks or any other legal obligations, reach out to us. Contact Alex Giblett in our specialist Landlord & Tenant team at a.giblett@woodstocklegalservices.co.uk , or complete the form below for expert legal advice from experienced landlord solicitors.

Exceptional Growth Continues for Woodstock Legal Services with Expansion into Wales

Thu, 04 Jan 2024 08:30:01 GMT

Woodstock Legal Services, known for its innovative and award-winning approach, is set to expand its presence into Wales in 2024 with the appointment of Cardiff-based Levi Rees join the firm as a consultant to spearhead this expansion.

This move aligns with the firm's broader strategy to grow geographically across England and Wales, building on its success in Dorset, Yorkshire, London, and the Midlands.

Specialist consultant Levi Rees joins Woodstock Legal Services’ Residential Property team , having spent five years working across South Wales with highly respected local law firms before moving to the more forward-thinking consultancy approach recently consulting for a legal 500 law firm.

Levi works on a broad range of residential property and conveyancing matters and specialises in both Freehold and Leasehold sales and purchases, new build purchases, acting for developers as well as dealing with transfers of equity and remortgages. Levi has also acted on a number of acquisitions relating to care homes, Residential Childrens’ Homes and care for the elderly. Levi is also able to advise on non-statutory Lease Extensions and surrender and regrant of Leases. Levi also has the expertise to deal with high-net worth property related matters.

Levi’s appointment is Woodstock’s first in Wales, and the latest in its geographical expansion across England and Wales, with recent hires joining the firm across Dorset, Yorkshire, and the Midlands.

In a year which marks Woodstock’s 10 year anniversary, 2024 will also see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients.

Speaking on his appointment, Levi said:

“From the moment that I spoke with Carly (Jermyn) I felt as ease knowing that joining the firm also aligns with my personal values. I am delighted to be leading the firm’s vision across Wales and our commitment to providing a fresh approach to law.”

Recently, Levi has been honoured by being awarded Consultant Conveyancer of the Year 2023 (South Wales) at this year’s Legal Awards 2023.

Discussing his approach to residential conveyancing, Levi said:

“Over the past years, I have worked exclusively in residential conveyancing which means I have such incredible longstanding relationships with every stage of the property profession including clients, agents and intermediaries.

“These relationships have been built one by one, hard-earned by consistently providing a five-star level of services that clients should expect from their legal advisers.”

Carly Jermyn , CEO at Woodstock Legal Services, said:

“From the moment I spoke to Levi, I knew he was Woodstock through and through. His infectious enthusiasm for achieving the best service for his clients is a rare commodity. Over the last nine years, we have grown a strong client following across Wales. Levi’s experience and hard-earned connections across Wales perfectly align with our growth objectives. I’m really looking forward to seeing Levi leading the firms’ vision across Wales.”

Carly continued:

“The expansion into Wales just feels like the next natural step in our exciting and ambitious plans for 2024 and beyond. I’ve been blown away by the interest from lawyers of all seniority wanting to join us across the length and breadth of the country. Having this impact on a national scale is something I’m really proud of. ”

Speaking about joining Woodstock, Levi concluded:

“Since joining the firm, the support, marketing, and operational teams have supported me during my early stages. The support and compliance teams will continue to support me during my role to allow me to focus on what matters most, which is the client! I am also excited to be working with the senior management team to support the firms’ objectives for 2024 and beyond."

If you would like to discuss your legal matters in further detail, please contact Levi Rees on 0330 088 5792 or email l.rees@woodstocklegalservices.co.uk .

Leasehold & Freehold Reform Bill 2023 - Our Legal Analysis

Tue, 12 Dec 2023 11:26:00 GMT

In our latest insights, we explore the intricacies of the Leasehold and Freehold Reform Bill , introduced to Parliament on 27 November 2023. This comprehensive 140-page bill, if enacted, is poised to significantly alter the landscape of property ownership in the UK, impacting enfranchisement, lease extensions, the right to manage, and various charges associated with long residential leases.

What is the Leasehold and Freehold Reform Bill?

Introduced to Parliament on 27 November 2023, the Leasehold and Freehold Reform Bill is a substantial legislative proposal, spanning 140 pages. It aims to revolutionise the existing leasehold system by implementing wide-ranging reforms in key areas of property law.

These reforms include changes to enfranchisement rules, lease extension procedures, rights to manage, and adjustments to service charges for long residential leases, along with management charges for freehold estates.

The bill underwent its first reading in the House of Commons on the day of its presentation. It's important to note that as the bill progresses through the legislative process, it may be subject to significant amendments.

With the potential for a general election in 2024, the future of the bill becoming law before the election remains uncertain. Despite these factors, the proposed reforms signify a major shift towards improving fairness and transparency in leasehold ownership, with the goal of enhancing the rights and autonomy of leaseholders.

The Intent and Objectives of the Leasehold and Freehold Reform Bill

The Leasehold and Freehold Reform Bill marks a critical legislative initiative to reform the UK's leasehold system . This bill addresses longstanding challenges faced by leaseholders, such as escalating ground rents, restrictive lease terms, and the complexities involved in leasehold enfranchisement. The bill's introduction aims to establish a more equitable and transparent framework for leasehold ownership, thereby augmenting the rights and governance capabilities of leaseholders over their properties.

Implications of the Leasehold and Freehold Reform Bill for Tenants

The Leasehold and Freehold Reform Bill is set to introduce significant changes for tenants, especially those holding leaseholds. Understanding these changes is essential for tenants to effectively navigate their rights and opportunities under the new legislation.

Extended Lease Terms and Reduced Costs

A pivotal change for tenants is the proposed extension of lease terms to 990 years, a considerable increase from current standards. This extension aims to eliminate the burdensome and costly process of frequent lease renewals. Moreover, the exclusion of marriage value from lease extension and freehold purchase valuations is anticipated to lower costs for tenants, making leasehold management more financially viable.

Facilitating Collective Enfranchisement and Management Rights

The bill simplifies the process for tenants to collectively purchase their building's freehold, known as collective enfranchisement . By raising the threshold for collective enfranchisement in mixed-use buildings, tenants in properties with significant commercial elements can now participate. This amendment empowers tenants, offering them greater control over their living environments and potentially reducing disputes with landlords regarding building management and upkeep.

Ground Rent Reforms

Addressing the contentious issue of ground rent, the bill proposes capping ground rents on new long residential leases to a nominal amount. This reform is a significant step towards shielding leaseholders from unfair practices and reducing their financial burden.

Promoting Commonhold as an Alternative

The bill advocates for commonhold as a feasible alternative to leasehold. Commonhold allows residents to collectively own and manage their building, offering more autonomy and stability than traditional leasehold arrangements. This shift could provide tenants with a more democratic form of property ownership, where they actively participate in management and decision-making.

Enhanced Right to Manage

The bill strengthens the right to manage for leaseholders, enabling them to take control of their property's management without needing to prove landlord fault. This provision grants leaseholders more autonomy and can lead to more efficient and effective property management.

Understanding the Leasehold Reform Bill: A New Era for Leaseholders

The Leasehold and Freehold Reform Bill introduces transformative amendments to existing legislation, notably extending lease terms for both houses and flats to 990 years. This change, coupled with a more tenant-friendly valuation method, substantially reduces financial burdens, making lease extensions and freehold acquisitions more accessible.

Extended Lease Terms: A Financial Win for Tenants

One of the most notable changes is the extension of lease terms for houses and flats, now proposed to be 990 years in addition to the original term. This extension, coupled with the removal of marriage value from valuation considerations, will make it more affordable for tenants to extend leases or acquire freehold.

Collective Enfranchisement: Empowering Leaseholders

A key reform in the bill is the increase in the threshold for collective enfranchisement in mixed-use buildings. This amendment facilitates greater autonomy for tenants, allowing them to collectively own and manage their properties, a move towards more democratic property rights.

Streamlining Procedures: Simplifying Lease Extensions and Acquisitions

The bill's procedural changes, while not directly impacting landlord portfolios, significantly simplify the process for tenants. The removal of the two-year qualifying period for lease extension claims is a notable improvement, streamlining the acquisition process.

In-Depth Analysis: The Leasehold and Freehold Reform Bill's Impact

Valuation Methodology: Making Leasehold More Affordable

The revised valuation method under the bill is a game-changer, especially with the exclusion of marriage value. This adjustment is expected to lower lease extension and freehold acquisition costs, a win for tenants seeking affordable leasehold legal advice.

Enhancing Rights in Mixed-Use Properties

The bill's focus on mixed-use properties addresses the evolving urban landscape, offering tenants in such buildings more opportunities for collective ownership and management, a step towards inclusive property rights.

Dispute Resolution: A More Efficient System

Replacing the complex dispute resolution processes with a clearer system benefits both tenants and landlords, reducing legal disputes and associated costs in leasehold matters .

Ground Rent Reforms and the Promotion of Commonhold

Restructuring Ground Rents: Protecting Leaseholders

The bill's approach to capping ground rents on new leases is a significant move to protect leaseholders from escalating costs, ensuring fairer practices in the property market.

Advancing Commonhold: A Viable Alternative to Leasehold

Promoting commonhold as an alternative to leasehold empowers residents with more control and autonomy over their properties, aligning with contemporary homeownership goals.

Strengthening Leaseholder Rights: A Focus on Property Management

The enhanced right to manage provisions in the bill empower leaseholders, enabling them to take charge of their property's management more efficiently and cooperatively.

Our Commitment to Your Property Rights

At Woodstock Legal Services, we are at the forefront of understanding these legislative changes. Whether you're seeking landlord advice or a tenant looking to navigate these new reforms, our property team is equipped to provide expert guidance tailored to your needs.

Contact us for Expert Leasehold Legal Advice

For detailed leaseholder legal advice or guidance on the Leasehold Reform Bill, contact Simone Ritchie , head of our specialist Property team, at s.ritchie@woodstocklegalservices.co.uk , or complete the form below.

New Family Solicitor Brings a Wealth of Experience to Woodstock Legal Services

Thu, 07 Dec 2023 14:20:01 GMT

Ambitious Dorset law firm Woodstock Legal Services has further strengthened its family team with the appointment of an experienced family solicitor at its head office in Canford, Cliffs in Poole.

Family lawyer , Karen Layland joins Woodstock Legal Services as a Consultant Family Solicitor, arriving with over 36 years of experience as a family law solicitor, having already built an enviable reputation as part of and leading successful family law teams across the Midlands and the South Coast.

Birmingham-born Karen has wide-ranging experience in all family-related issues and offers particular expertise in handling complex financial settlements on divorce, including proceedings through the High Court.

Karen’s work also covers complex children's cases, the law concerning unmarried families, and asset protection through prenuptial and postnuptial agreements.

In addition to her legal work, Karen has also been an examiner for the Solicitors Regulation Authority, an assessor for the Law Society Family Law Panel, and a lecturer in family law at Birmingham City University and the University of Wolverhampton.

Commenting on her appointment, Karen said:

“Woodstock Legal Services has a solid and growing reputation in law that spans across England and Wales. I’m delighted to be joining at a very ambitious time for the firm, which has seen remarkable growth over the last three years."

She continued:

“The vision and outstanding client service ethos at Woodstock Legal Services is exceptional, and I am really looking forward to playing a part in continuing that growth into the future.

“I am very much client-focussed in my work and aim to achieve objectives through tailored advice that is always practical, commercial and realistic.”

The Woodstock Legal Services family team already have an excellent reputation across Dorset and the South Coast, with family solicitor Amy Langlois joining Woodstock in Bournemouth.

The family team advises on a wide range of matters, including divorce, separation, cohabitation agreements, prenuptial agreements, arrangements for children and financial settlement arrangements.

Carly Jermyn , CEO at Woodstock Legal Services, said:

“We are delighted to have Karen join our team. Her extensive experience in family law will complement our service offerings to clients. Karen's appointment showcases our dedication to providing our clients with the highest quality legal services, making an already emotional time as manageable as possible."

If you would like to discuss your legal options with our family law specialists, please contact Karen Layland on 0330 088 5792 or email k.layland@woodstocklegalservices.co.uk .

Woodstock Legal Services Secures Back-to-Back Victory as Best Landlord Legal Services Provider at 2023 National LIS Awards

Tue, 28 Nov 2023 10:06:40 GMT

Woodstock Legal Services has once again been recognised as the 'Best Landlord Legal Services Provider' at the National Landlord Investment Show (LIS) Awards 2023, marking it our second consecutive win in this category.

The award ceremony, held at the De Vere Grand Connaught Rooms in London, celebrates exceptional achievements in the UK’s landlord and property investment sector.

Established in 2013, Woodstock Legal Services has played a pivotal role in shaping landlord and tenant law in the UK. The firm's innovative approach and client-focused services have consistently set industry standards, leading to widespread recognition and acclaim.

This year's award highlights Woodstock's excellence in providing comprehensive legal advice on property investment , tenancy agreements , dispute resolution , and eviction procedures , especially critical amidst significant reforms in UK landlord and tenant law, including the Renters (Reform) Bill and the Renting Homes (Wales) Act 2016.

Carly Jermyn , CEO of Woodstock Legal Services, commented on the win:

“Securing this accolade from the National LIS Awards for the second year in a row is not just an honour; it reflects our team’s expertise in landlord law and our commitment to our clients. With a growing team of dedicated professionals, we’re excited to continue leading the way in legal innovation for the landlord and tenant sector.”

A recent highlight of Woodstock's expertise was our successful navigation of the complexities of the Renting Homes (Wales) Act 2016 for landlord clients. The team expertly adapted over 300 contracts within a tight six-month deadline, preventing substantial financial penalties for a major landlord client and setting a precedent for the expected similar reforms in England.

Anna Hughes , Director and Head of the Landlord & Tenant Team, said:

"I am immensely proud of our team's dedication to our landlord clients. Their hard work, legal expertise, and genuine care for each case not only win awards but also forge lasting relationships and make a real difference in people's lives."

Beyond legal services, Woodstock demonstrates a commitment to education and support for landlords across the UK. Carly Jermyn, Anna Hughes and Head of Property, Simone Ritchie , have all been actively involved at the National Landlord Investment Show , Property TV , and panel discussions at the NRLA Conference in Birmingham, offering insightful keynotes and participating in critical industry discussions.

Woodstock Legal Services continues to lead in landlord and tenant law , providing expert legal advice and representation focusing on innovation, client satisfaction, and commercial outcomes for landlords throughout the UK.

Why Expert Wills and Probate Solicitors Are Essential for Estate Planning

Mon, 20 Nov 2023 11:42:03 GMT

Estate planning goes beyond mere asset distribution; it's about ensuring your loved ones' well-being and honouring your wishes. Without the guidance of seasoned wills and probate solicitors, you risk leaving your heirs amidst legal intricacies. Mr & Mrs ABC's story is a stark reminder of the importance of expert legal advice in will drafting .

The Real-life Consequences of an Unclear Will: Mr & Mrs ABC's Story

Let’s consider the case of Mr & Mrs ABC.

Mr & Mrs ABC, married for 15 years, both had children from previous relationships. Like many families, they hoped their assets would be shared fairly among their children after their demise.

Upon Mr ABC's passing, it emerged that his will wasn't crafted by professionals specialising in wills and probate . The intentions were muddled, leading to a conclusion that everything would pass to Mrs ABC.

Over time, Mrs ABC's children, leveraging her trust, misused £30,000 of her funds under the pretext of "improving her living". They even sent emails, unbeknownst to her, indicating her wish to bestow them with property sale proceeds.

Eventually, Mrs ABC revised her will, sidelining Mr ABC's children. The heart-wrenching outcome? Mr ABC's children found themselves in a challenging position, with potential claims on Mrs ABC's estate likely yielding little.

The Risks of Overlooking Professional Will Drafting

A will is a powerful legal document, a reflection of your wishes for your assets and your loved ones' future. Without one:

Legal Default Rules Apply : In the absence of a will, the state decides the distribution of your assets, which might not align with your desires.

Potential Family Disputes : Ambiguities can lead to disagreements, straining familial ties during already challenging times.

Increased Legal Costs : Resolving uncertainties can be expensive, diminishing the estate's value.

The Advantages of Engaging Professional Wills and Probate Lawyers

Clarity and Precision : Professionals ensure your will is unambiguous, reducing potential disputes.

Up-to-date with Laws : Laws evolve. Professionals stay updated, ensuring your will complies with current regulations.

Complex Situations Handled : Blended families, overseas assets, or business holdings? Professionals navigate these complexities with ease.

Tax Efficiency : They can advise on potential tax implications, ensuring maximum benefits for your heirs.

Peace of Mind : Knowing your will is in expert hands provides invaluable peace of mind.

Becci Newton , solicitor in the wills and probate team at Woodstock Legal Services said:

"Making a will can feel overwhelming, but it's simpler than you might think. A good professional adviser will help guide you through every question and concern you may have, ensuring the process is as clear and comfortable as possible. Wills are crucial; they protect your wishes and your loved ones' future. I’m more than happy to sit down, have an honest conversation, and tailor a will that fits you perfectly—without any fuss."

Contact our wills and probate solicitors

Understanding estate intricacies, especially for those with blended families and business assets, is our forte. The wills and probate team at Woodstock Legal ensure your wishes are clearly conveyed, protecting your legacy and your family's future.

Don't gamble with your estate's future. For comprehensive legal advice from experienced wills and probate solicitors , reach out to Becci Newton at b.newton@woodstocklegalservices.co.uk or fill out the form below. Your legacy deserves expert care.

Landlord Debt Recovery: A Comprehensive Guide to Enforcement Methods

Thu, 16 Nov 2023 16:15:12 GMT

As a landlord, dealing with non-paying tenants is a significant challenge. Securing a court judgment might seem like a resolution, but it's often just the start of the debt recovery process. The key lies in the enforcement of the judgment. In this guide, Cara Wiltshire delves into the most effective enforcement methods, helping you understand which might be best suited for your situation.

Using Bailiffs and High Court Enforcement for Landlord Debt Recovery

Locating an ex-tenant who owes you money is the first critical step. At Woodstock Legal Services, we specialise in tracing ex-tenants . Once located, you can instruct bailiffs or high court enforcement officers to recover your debt. These professionals are authorised to enter the debtor's property and seize goods to the value of the debt. It's important to understand that while bailiffs can seize goods, they cannot take items essential to the debtor's basic needs, such as clothing or household furniture. However, items like luxury goods, vehicles, or electronic equipment can be taken. The sale of these items can then be used to offset the debt. This method can be particularly effective if the debtor has tangible assets of value.

Attachment of Earnings Orders in Landlord Debt Collection

An attachment of earnings order is a court order that requires the debtor's employer to deduct a portion of their earnings to settle the debt. This method is particularly effective if the debtor is employed and has a regular income. The process involves the court assessing the debtor's income and essential living costs to determine a fair repayment amount. It's a method that ensures a steady, albeit sometimes slow, repayment of the debt. The court will set a 'protected earnings rate', which is the minimum amount the debtor needs to maintain a basic standard of living. Anything earned above this amount can be used to repay the debt. This method is discreet, as it doesn't involve direct confrontation with the debtor, and provides a consistent repayment plan.

Third-Party Debt Orders: A Strategy for Landlords

Third-party debt orders can be a strategic move if you're aware of the debtor's bank account details. This order freezes the debtor's funds in their accounts, effectively preventing them from accessing this money. Once the order is in place, the court can direct the bank to pay you a portion or the entirety of the debt from the debtor's account. This method is particularly useful if you know the debtor has funds in their bank account but is refusing to pay. It's a direct way to intercept funds that are rightfully owed to you, but it requires precise knowledge of the debtor's banking details and the timing can be critical, as it depends on the funds being present in the account at the time the order is made.

Charging Orders: Securing Landlord Debts Against Property

Charging orders are a significant step in debt recovery, as they secure the debt against the debtor’s property, such as their home or land. This method does not force the debtor to sell their property immediately but places a 'charge' on it, akin to a mortgage. This means that if the property is sold, the debt owed to you must be paid from the proceeds of the sale before the debtor can take any profit. It's a powerful tool, especially in cases where other methods of debt recovery have failed. However, it's important to note that this method can be time-consuming and may not result in immediate payment, especially if the debtor does not plan to sell the property soon.

Expert Legal Advice for Landlords on Debt Enforcement

Navigating the complexities of debt recovery can be daunting. That's where Woodstock Legal Services comes in. Our expertise in landlord legal advice ensures you're guided through each step, from choosing the right enforcement method to successfully recovering your dues.

If you're facing challenges with enforcing a judgment and need professional guidance on the best course of action, don't hesitate to reach out. Contact Cara Wiltshire , a member of our specialist Landlord & Tenant team , at c.wiltshire@woodstocklegalservices.co.uk , or complete the form below for personalised legal advice from experienced landlord solicitors.

Woodstock Legal Services Expands with New Specialist Conveyancer Bethany Hudson

Wed, 15 Nov 2023 13:37:22 GMT

Amidst an ongoing period of continued growth across the firm, Woodstock Legal Services has further strengthened its leading residential property team offering with the appointment of specialist conveyancer, Bethany Hudson .

Yorkshire-based Bethany joins Woodstock Legal's Residential Property Team as a Consultant Conveyancer from national law firm Taylor Rose, having previously worked for other regional law firms across the Hampshire region. Her previous experience working within the estate agency and mortgage industry gives her a further unique insight into dealing with a whole array of property matters.

Specialising in all aspects of residential property, Bethany has over seven years of extensive experience in all aspects of residential conveyancing , from sales and purchases to remortgages and Transfers of Equity.

With clients spanning the length and breadth of England and Wales, Bethany has clients spanning London, Yorkshire, Berkshire, Hampshire and surrounding areas.

Speaking on her appointment, Bethany said:

“I couldn’t have asked for a better start at Woodstock Legal Services. Since day one, the welcome I received has been phenomenal. I’ve joined at an exciting time for the firm, and Woodstock’s ambition to disrupt the way legal services are offered to clients is inspiring to be a part of.”

Bethany added:

“Woodstock is a growing legal brand and has had such a unique journey, particularly in the area of property law and has been on my radar for several years now. Working alongside a wealth of legal expertise right through the firm made the move to Woodstock Legal an obvious one for me.”

Simone Ritchie , Director and Head of the Property Team, welcomed Bethany to the firm:

“I’m thrilled that Bethany has joined Woodstock. Bethany’s appointment comes at a really important time for our Property Team, as we continue to expand not only in and around the south coast but now further afield in the Midlands and now Yorkshire.

Bethany is the latest of an influx of property legal specialists joining Woodstock Legal recently following the arrival of Nav Kaur in the Midlands, tri-qualified property solicitor Orla Gilligan and Dorset-based consultant conveyancer Gemma Fancini.

Bethany’s arrival is yet another indication of the pace of progress in Woodstock Legal’s Residential Property Team which continues to act in some of the region’s unique property transactions.

Commenting on her role working alongside clients, Bethany continued:

“The complexity of some property transactions means I essentially become an extension of the client’s team. Living and breathing every twist and turn on the journey alongside the client is all part of the job, and it’s something that, as a property professional, I thrive on. Through the consultancy model at Woodstock, I can take on a realistic amount of files, which means I get to know the clients more personally and, in turn, provide a superior level of service and communication for clients. It’s a wholesome relationship and a win-win for everyone.

Contact our Specialist Residential Property Lawyers

If you would like to discuss your residential conveyancing requirements with our specialist Residential Property Team, please contact Bethany Hudson on 0330 088 5792 or email b.hudson@woodstocklegalservices.co.uk .

Exceptional Growth Continues in Residential Property Team at Woodstock Legal Services

Fri, 03 Nov 2023 12:56:21 GMT

In a year marked by strategic expansion, which has seen multiple new appointments in several key areas, Woodstock Legal Services has continued its growth by welcoming more top legal talent to its expanding Property Team.

Based in Stourbridge in the West Midlands, specialist consultant conveyancer Nav Kaur joins Woodstock Legal Services’ Residential Property team, having spent over seven years working at several local law firms across the East Midlands and West Midlands region.

Nav works on a broad range of residential property and conveyancing matters and specialises in Freehold sales, purchases, and Transfer of equity matters.

Speaking on her appointment, Nav said:

“Having worked exclusively in residential conveyancing, there is very little I haven’t come across over the years. Not only could Woodstock offer me a higher calibre of work, but I can do this in a flexible environment where I can thrive. Woodstock has an exceptional reputation across the south for property law, and I just couldn't turn down the opportunity to help expand this reputation across the Midlands region, too.”

Discussing her approach to residential conveyancing, Nav said:

“The experience I have gained over the years has given me a clear understanding of what works. Clients and agents want speedy and accurate communication on their property transactions. The systems at Woodstock are superb and suit the fast-paced nature of property transactions perfectly. My focus is always on providing a very proactive and efficient service whilst ensuring that the client’s position is always my key concern.”

Carly Jermyn , CEO at Woodstock Legal Services, said:

“Our teams are at the heart of our success. Nav's experience and deep connections in the Midlands align perfectly with our growth objectives. We're confident she will play a significant role in our continued success.

“Nav’s arrival at Woodstock Legal Services comes at a time of significant expansion across all teams at Woodstock. Nav is an excellent addition to our residential property arm and brings significant expertise and connections with respected agents throughout the Midlands region.”

Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts a team of over 40, attracting top legal talent from regions like Dorset, Devon, Hampshire, the South East region, the north-west and now the Midlands. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service.

Speaking about joining Woodstock, Nav continued:

“Carly and Simone were so easy to talk to, and I felt like I could genuinely be myself. Having a young family, they understood the need for flexibility in my work without compromising client service. It’s a refreshing change, and having such a close-knit team at Woodstock makes a difference for legal teams.

“Everyone is so supportive. From file opening through to marketing, IT and operational support - I feel a part of something special, and it allows me to focus on moving property transactions forward smoothly and ultimately give the premier service clients deserve.”

Contact our Specialist Residential Property Lawyers

Contact our residential property team for sales, purchases and transfer of equity. Alternatively, you can contact Nav Kaur on 0330 088 5792 or email n.kaur@woodstocklegalservices.co.uk.

Understanding Rent Increases under the Renters (Reform) Bill: A Guide for Landlords

Mon, 30 Oct 2023 16:14:38 GMT

Navigating the complexities of the UK's rental market can be challenging for landlords. With the introduction of the Renters (Reform) Bill, understanding your rights and responsibilities is more crucial than ever. As leading landlord solicitors in the UK, we at Woodstock Legal Services are here to shed light on the recent developments and what they mean for you.

The Government's Stance on Rent Controls

The Government has made its position clear regarding rent controls. In response to the Levelling Up, Housing and Communities Select Committee report on the Renters (Reform) Bill, it was stated:

"The government is clear that rent should be agreed between the landlord and tenant, and nothing in our proposals prevents parties negotiating as they do now. It is not for government to set or steer rent increases and we do not support the introduction of rent controls. Evidence suggests that these would discourage investment in the sector and would lead to declining property standards as a result, which would not help landlords or tenants."

Furthermore, during the second reading of the Renters (Reform) Bill on Monday 23rd October, Michael Gove highlighted the potential pitfalls of rent controls:

“However, one of the challenges of rent controls... is that they are proven to reduce supply overall... which would only increase rents and reduce the capacity of people to be able to live in the private rented sector."

Current and Proposed Methods for Landlords to Increase Rent

How do landlords currently increase the rent?

At present, landlords can implement a rent hike by issuing a section 13 Notice rent increase notice, invoking the rent increase clause in the tenancy agreement or making an agreement with the tenant.

Changes Introduced by the Bill

The Renters (Reform) Bill proposes several changes:

Landlords will be permitted to raise the rent annually in accordance with the market rate, provided they give a 2-month notice.
The use of rent increase clauses will be prohibited.
In cases where tenants disagree with the proposed rent increase, they have the option to contest it through the First-Tier Tribunal. This independent panel will determine the appropriate rent based on the prevailing market rate. Interestingly, the Tribunal might set a rent that's even higher than the landlord's initial proposal.
Typically, the new rent will take effect from the date specified in the section 13 Notice. However, in exceptional circumstances where the tenant might experience undue hardship, the implementation can be postponed to the date of the hearing.

Potential Implications for the Tribunal

With the Bill's introduction, it's anticipated that more tenants will challenge rent increases via the Tribunal. Given the current wait times of 4-6 months for rent dispute resolutions , landlords might face financial setbacks if the Tribunal doesn't retroactively apply the rent hike from the date of the initial notice. It's imperative for the Government to ensure the Tribunal is adequately equipped to handle the potential surge in cases, preventing further delays.

Experienced Solicitors for Landlords

As landlord lawyers with extensive experience, we understand the intricacies of the UK rental market. The Renters (Reform) Bill brings about significant changes, and it's essential for landlords to stay informed and prepared.

If you have questions or need guidance, reach out to Anna Hughes , the head of our specialist Landlord & Tenant team, at a.hughes@woodstocklegalservices.co.uk or complete the form below.

Growth of Woodstock Legal Service’s Commercial Property Team with New Appointment

Tue, 17 Oct 2023 10:39:24 GMT

Woodstock Legal Services has continued its impressive growth for 2023 with the appointment of highly experienced commercial property solicitor, Orla Gilligan .

Orla joins the firm as a consultant commercial property solicitor, having most recently worked as an Associate Solicitor and Technical Property Lawyer at Farnfields Solicitors in North Dorset.

Prior to this, and with a legal career spanning over twenty years, Orla has held positions at a number of other reputable firms throughout England, Ireland, Northern Ireland and Scotland including Shoosmiths, Arthur Cox and Harper Macleod.

In addition to this, Orla worked as an in-house lawyer at national developer Taylor Wimpey.

Her arrival marks yet another major step forward for Woodstock’s specialist residential and commercial property offering.

Specialising in all areas of commercial property, Orla has a unique skill set in commercial property, being tri-qualified and able to practice as a solicitor in England and Wales, Scotland and Northern Ireland and the Republic of Ireland.

With twenty years of experience, Orla has developed an enviable reputation in dealing with complex residential and commercial property matters, including acquisitions, commercial property investment , leases (and lease surrenders) and the sale and purchase of businesses.

Speaking on her appointment, Orla said:

“Woodstock has been on my radar for some time now. The firm has such a vibrant and ambitious brand, unique amongst many law firms, and has significantly raised its profile over the past three or four years.”

She continued:

“Woodstock recognises its hires to be capable, hard-working and trustworthy adults, and as such they are happy for me to work wherever and whenever suits me and my clients best. I found this attitude very appealing and it makes a refreshing change in attitude from more traditional law firms. Its recent hires across the board were also a big factor in my decision to join; the quality of the people choosing to join Woodstock Legal is a real testament to the direction of its ambition. This calibre of lawyers, the professional support and their level of specialism speaks volumes.”

Asked about her hopes for the future, Orla said:

“I’d like to help Simone [Ritchie] continue the impressive growth of the firm’s property law offering. I think I can help bring in another stream of work to complement that already being delivered so effectively regionally throughout the South Coast and nationally.

“I have a very direct, honest and transparent approach to working with my commercial property clients, which they find refreshing. At the end of the day, clients want professional advice that actually provides advice, not fencing and hesitation, particularly when it comes to complex property assets."

Simone Ritchie , Director and Head of Woodstock Legal’s national Property Team, welcomed Orla to the firm by saying:

“We are so pleased Orla has decided to join us. As a business, we continue to grow and deliver on increasingly larger and more complex commercial property projects nationally – Orla’s experience and expertise further our ability to compete nationally with our unique consultancy-based approach.”

Contact our Specialist Commercial Property Lawyers

Contact our experienced commercial property team for commercial leases, acquisition or sales and all other commercial property matters. Alternatively, you can contact Orla Gilligan directly on 01202 132778 or email o.gilligan@woodstocklegalservices.co.uk .

New Government 'How to Rent' Guide 2023: Everything Landlords and Tenants Need to Know

Mon, 09 Oct 2023 16:49:00 GMT

In the ever-evolving landscape of UK housing laws, staying updated is crucial for both landlords and tenants. Our latest blog post delves into the new 'How to Rent' Guide released by the Department of Levelling Up, Housing and Communities on Monday 2nd October 2023.

This comprehensive guide is a must-read for anyone looking to understand their responsibilities and rights in a tenancy. From key deadlines for serving the guide to what the new 2023 update means for you, we've got it all covered.

What Is a 'How to Rent' Guide and Why Is It Important?

The 'How to Rent' Guide serves as a crucial document that outlines the rights and responsibilities of landlords and tenants. Since October 2015, landlords are required to provide the most up-to-date version of this guide at various stages of the tenancy.

Updates to the 'How to Rent' Guide in October 2023

The Department of Levelling Up, Housing and Communities released a new 'How to Rent' guide on Monday 2 October 2023. This guide includes references to the Housing Loss Prevention Advice Service, which replaces the Housing Possession Court Duty Schemes and allows tenants to access legal advice if they are at risk of losing their home.

When Must Landlords Provide the 'How to Rent' Guide?

Landlords are obligated to provide their tenants with the latest version of the 'How to Rent' guide at:

The start of any tenancy
The start of any extension agreement or renewal
For tenancies becoming statutory periodic

There is no requirement to re-serve the guide unless a new edition has been released.

Note : Failure to provide this guide before issuing a Section 21 Notice renders the notice invalid

Practical Example: When to Serve the 'How to Rent' Guides?

Let's consider a tenancy that began in November 2015 with a 12-month fixed term. An extension tenancy agreement was not signed until August 2021, with a 12-month fixed term.

When should the landlord have served the ‘how to rent’ guides?

Scenario Answer: When Should a Landlord Serve a “How to Rent” Guide?

At the start of the tenancy in November 2015

When the tenancy entered its statutory periodic term after 12 months as a new guide had been released

At the beginning of the extension agreement in August 2021 as a new guide had been released

A new guide had not been released when the extension agreement turned into a statutory periodic tenancy after 12 months, so the guide did not need to be re-served

Specialist Advice for Landlords from Woodstock Legal Services

We have substantial experience in all types matters relating to advising landlords on their legal obligations and the complexities involved.

If you are are a landlord seeking advice on the 'How to Rent' Guide, please contact Anna Hughes , head of our specialist Landlord & Tenant Team by emailing a.hughes@woodstocklegalservices.co.uk or by completing the form below.

Ambitious Law Firm Announces the Appointment of New Residential Property Lawyer to its Expanding Team

Thu, 05 Oct 2023 13:49:24 GMT

Woodstock Legal Services has welcomed more top legal talent to their growing Property Team with the appointment of residential property specialist, Gemma Fancini .

Gemma joins Woodstock Legal as a Consultant Residential Conveyancer, having gained over 20 years of conveyancing experience across the Dorset region, developing specialisms in advising on all aspects of simple and complex residential conveyancing work whilst acting for high-net-worth individuals, investors, and first-time buyers.

Speaking on joining Woodstock Legal, Gemma said: “It took seconds to decide to join. Spending time speaking with Carly [Jermyn] and Simone [Ritchie] about the ambitions of the firm and about the opportunity to join as a consultant proved to be an easy decision to make.

“Having been at my previous firms for over a decade, the move into consultancy at such a positive and ambitious firm represents a natural step for me. I know many uniquely talented lawyers who have already made the step to consultancy at Woodstock Legal, so it’s an incredible time to be a part of an exciting new adventure.”

She continued:

“Having worked throughout the Dorset region for many years, I’ve built wonderful relationships with clients and agents who value personable and proactive conveyancing service.”

Simone Ritchie , Director and Head of Woodstock Legal’s Property Team, said: “We’re over the moon that Gemma has joined our ever-expanding property team. Gemma brings over two decades of residential property expertise and experience and is the perfect person to join and complement our already outstanding conveyancing team.”

Discussing the current outlook for the property market, Gemma said:

“It’s an interesting time for the residential property market at the moment. The challenges the market has faced over a turbulent few years have provided an incredibly busy time for conveyancers and agents across the country.

“However, for me and the team here at Woodstock Legal, our focus is on ensuring our clients receive a seamless client experience.”

Contact our Specialist Conveyancing Lawyers

Contact our Residential Conveyancing Team for residential sales and purchases, shared ownership, auctions, re-mortgages, charges, and transfers of equity. Alternatively, you can contact Gemma Fancini directly on 01202138910 or email g.fancini@woodstocklegalservices.co.uk .

Further delays at court due to strike action by security staff

Mon, 25 Sep 2023 13:54:16 GMT

On 22nd September, agency staff at over 30 civil courts and tribunals took part in a strike. Court staff have warned that certain proceedings could be moved to different sites or heard remotely to minimise delays. Further strike action has also been scheduled for September 25th, 26th and 27th.

The strike is due to issues with pay and is being taken by security staff supplied by OCS. It is expected that a number of courts that handle evictions will be dramatically impacted.

The impact on landlord court proceedings

Prior to these strikes, landlords have already experienced delays with bailiff appointments following the suspension of evictions while bailiffs sourced urgent PPE. It is said that The Manchester Civil Justice Centre is one of the biggest courts to be impacted, according to The Ministry of Justice.

It has been reported that the following courts dealing with possession claims are likely to be impacted:

Blackpool County Court and Family Court
Chester Civil Justice Centre
Harrogate Justice Centre
Huddersfield County Court and Family Court
Manchester Civil Justice Centre
Lincoln County Court
North Shields County Court and Family Court
Prestatyn Justice Centre
Scarborough Justice Centre
Skipton Magistrates’ and County Court
Stockport Magistrates’ Court and Family Court
Wakefield Civil and Family Justice Centre
York County Court and Family Court

Delays for landlord possession proceedings

Further delays can be incredibly frustrating for landlords who have already waited many months for a possession date.

The Ministry of Justice’s target for hearings is eight weeks from the expiry of notice, meaning that it should take no longer than 12 or 13 weeks to obtain possession of a property. However, in the busiest courts landlords can be waiting 5-12 months to obtain possession through the courts.

There must be reform and investment in the court system before section 21 Notices are abolished. Once s21s are scrapped all claims will require a hearing and this will put a huge amount of pressure on a system that is already under resourced and overburdened. There have been no firm commitments by the Government to tackle the backlog of possession claims and speed up the eviction process, instead the focus is on prioritising cases such as anti social behaviour. Eviction should always be a last resort, but landlords must have confidence that they are able to evict tenants swiftly through the courts if needed.

In light of the delays, it is incredibly important that landlords get quality and timely advice to ensure their claims proceed as swiftly as possible through the court system. Any mistakes with paperwork or lack of evidence to support the grounds for possession could prove very costly and create significant delay.

The team at Woodstock will continue to follow the progress of the reforms and update our readers on any new developments. Our advice for now is know your portfolio and stay up to date so you can react to changes quickly and with confidence.

Specialist advice for landlords

We have substantial experience in all types matters relating to possession proceedings for landlords and the complexities involved.

If you are seeking legal advice on a landlord possession proceedings, please contact Anna Hughes , head of our specialist Landlord & Tenant Team by emailing a.hughes@woodstocklegalservices.co.uk or by completing the form below.

Protect your business from unpaid and bad debts.

Tue, 13 Jun 2023 13:32:08 GMT

How can you protect your business from unpaid and bad debts

Protect your business from unpaid and bad debts.

Businesses can sometimes get carried away with obtaining and preserving new customer contracts, that they forget to prioritise key aspects of their own business, such as maintaining good cash flow.

Cash flow is and has to be a significant priority for all businesses, especially in the current economic climate. Maintaining good cash flow often entails a long-term and continuous investment of time and sometimes money. However, it sometimes gets overlooked, leading to a business experiencing financial hardship.

One way to retain good cash flow is to ensure that your business is protected, as much as it can be, from unpaid or bad debts. This means doing everything you possibly can to ensure that you are paid for the services or goods you have provided, within the agreed payment terms.

Unpaid debts are those which have arisen due to lack of payment from your customer and therefore require active credit control and sometimes debt recovery. Bad debts arise when an unpaid debt becomes unrecoverable from your customer, and they then become a cost, and a problem, to your business and cash flow.

To try and avoid bad debts, you should try and improve your management of unpaid or even slightly late debts which reduces the risk of later having to handle a bad debt, although it is not always possible.

Here are some tips to help you protect your business from unpaid and bad debts:

· Implement standardised, efficient, and effective credit control and debt recovery policies, and ensure that all members of the business follow them.

· Profile your customer – Who are they (full legal entity name)? How long have they been trading? Do they have good accounts systems in place? Do they have their own terms and conditions they are trying to enforce? You need to ensure that you not only understand them, their business and capabilities but also their working practices and how they operate. This will give you a good understanding of their ability to pay their debts, as they fall due.

· Ensure your terms and conditions (including payment terms) have been served and agreed upon by the customer.

· Keep accurate records and documentation – an effective paper (or e-paper) trail may help you recover an unpaid debt or resolve a dispute further down the line.

· Modify your invoices so that they include, as standard, payment terms (and due date if applicable) as well as details of how to pay. This makes it easier you’re your customer to pay swiftly.

· Send an automatic reminder or statement of account to your customer. This is evidence to the customer that you are efficient in credit control practices, and are likely to react to a late payment immediately.

· Incorporate a contractual interest clause in your terms? This sometimes acts as a preventative clause to avoid unpaid debts. If you do not have a contractual interest clause in your term, you may be entitled to recover interest on any unpaid debt pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

· Act promptly and professionally with credit control and debt recovery.

· You may choose to outsource your debt recovery work to professionals, who are experienced in recovering unpaid debts, and they will also seek to recover any contractual interest and legal recovery costs. This releases some of your time to concentrate on other key aspects of your business.

And remember, your business has to be the most important business you work on daily. Small and effective improvements to your policies and practices will help the overall efficiency of your business.

We offer a fixed fee debt recovery service to assist you with recovery of overdue debts and we aim to recover any legal recovery costs from the debtor, pursuant to adequate terms or statute.

We also offer a fixed fee credit control review, whereby we would collect an overview of your practices and policies and look at ways to standardise, reinforce and refine them. Any additional recommendations to help improve your practices can be provided within a bespoke package, and we can work with your staff to help expand their skill set if needed.

Contact n.gates@woodstocklegalservices.co.uk for advice and services if needed.

The Renters Reform Bill

Tue, 06 Jun 2023 15:35:07 GMT

An overview of the Renters Reform Bill

The Government has published the first draft of the Renters Reform Bill which has been much anticipated across the Residential Landlord and Tenant Sector for the past 5 years.

The Government’s goal is to improve the system for both the 11 million private renters and 2.3 million landlords in England. Numerous consultations have been carried out and the Government has sought views from industry experts and representatives from both landlords and tenants.

The Bill has only just started its Parliamentary journey and it will undoubtedly undergo revision of terms or amendments and additions. Further Regulations will also be passed with more detail. The Bill is expected to get Royal Assent in Spring 2024 and there will likely be some transitionary periods too.

As it stands the Bill is as expected:

1. S21s no-fault evictions are to be abolished - Landlords in England will no longer be able to evict tenants using the S21 route, all tenancies would need to be terminated due to a reason. The intention is to give tenants more security and confidence to rent in the private rented sector.

2. Move to a tenancy structure where all assured tenancies are periodic and fixed-term contracts no longer exist – tenants will be able to give 2 months’ notice to vacate a property at any time. This causes concern for landlords who rent to students as this could disrupt their annual business model and result in lost income if the property is not ready for the next set of tenants at the start of the academic year. There have been newspaper reports that Government may backtrack on the reforms for students lets by way of an amendment to the Bill.

3. The end of rent review clauses. Landlords will increase rents using Section 13 Notices once annually with a longer notice period.

4. Section 8 Grounds under the Housing Act 1988 have been altered. There is a new ground for repeated rent arrears and if a landlord is looking to sell a property. There have been other amendments to the other grounds and a dedicated section 8 blog will be shared with readers.

5. Written Statements will need to be provided by Landlords – this is similar to the provisions for Wales under the Renting Homes Wales Act which came into force on 1st December 2022

6. Introduce a new Private Rented Sector Ombudsman to settle disputes and free up the court system.

7. Create a Privately Rented Property Portal to help landlords understand their legal ob-ligations and demonstrate compliance.

8. Tenants will be allowed to keep a pet with their landlord’s consent and this consent is not to be unreasonably withheld. Landlords will be allowed to insist that the tenant obtains pet insurance.

The White Paper committed to further reforms in relation to applying the Decent Homes Standard to the private rented sector to drive up industry standards, making it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children and strengthening local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity. The Government has re-confirmed their commitment to implementing these reforms and we can expect further legislation in due course.

In light of Section 21 being abolished, to rely on the other grounds for possession it will be incredibly important that landlords get quality and timely advice to ensure their claims proceed as swiftly as possible through the court system. Any mistakes with paperwork or lack of evidence to support the grounds for possession could prove very costly and create significant delay.

The team at Woodstock will continue to follow the progress of the reforms and update our readers on any new developments. Our advice, for now, is to know your portfolio and stay up to date so you can react to changes quickly and with confidence.

Bailiff Evictions Halted

Tue, 06 Jun 2023 14:13:11 GMT

Bailiffs appointments have been cancelled, what can landlords do?

Once a possession order has been obtained through the court, if a tenant fails to vacate the property, then the county court bailiff can be instructed to evict the tenant. Bailiff waiting times can range between 3 weeks to even months in some courts.

Bailiff appointments are currently being cancelled, unfortunately sometimes with no notice or very little notice due to a “health and safety reason”. It has been reported that the health and safety reason is bailiffs are required to carry the correct Personal Protection Equipment before completing evictions.

Woodstock Legal Services has had confirmation from one court that this is a nationwide issue and not specific to London courts.

This is bad news for landlords, many have already been waiting weeks for their bailiff appointment. It is unclear how long this suspension on evictions will go on for, it has been reported the PPE is being urgently sourced but there is going to be a considerable backlog for the bailiffs to work through before they can get to any new instructions.

An alternative to the county court bailiff is to evict tenants using high court enforcement officers. An application must be completed to request permission to enforce the possession order in the High Court. Once permission has been obtained then the order can be transferred from the county court to the high court and a writ of possession obtained.

High court enforcement officers can usually evict a lot quicker than the county court bailiff, sometimes within 2-3 weeks of the possession order being obtained, provided permission to use them has been granted.

Given this concerning news, Woodstock recommends that landlords do consider making applications for permission to enforce in the high court. It is imperative that the application is drafted properly to give landlords the best chance at permission being granted by the Judge.

If any agents or landlords need assistance with high court enforcement applications or would like to discuss this alternative to the county court bailiff, then please do not hesitate to get in touch.

We work with a brilliant high court enforcement company that carry out evictions as quickly and seamlessly as possible for landlords. Their professional officers are skilled in dealing with all sorts of unpleasant situations and can give landlords peace of mind during this understandably worrying period.

Why you need professional legal advice on landlord and tenant issues

Wed, 24 May 2023 12:46:18 GMT

There are many risks involved when being a landlord, it is advised to seek legal council when renting a property out to tenants

Many people choose property as an investment as it is seemingly low risk and can generate a good return. One way to generate income from a property is to let your property out to tenants. When we think of the risks associated with this, we generally think along the lines of tenants not paying rent or causing damage to your property. However, what landlords, especially those that are new, often fail to remember is that the landlord and tenant sector is heavily regulated, and landlords will only be profitable if they can avoid the penalties and potential prosecutions that can catch landlords out.

The challenges

There is a considerable amount of law regulating both landlords and the condition of the property they are letting out, and this law is ever-changing due to new legislation and case law. Some examples include:

You, as a landlord, are responsible for keeping the property in a good and safe condition, and if at any point your property falls below this standard, you are responsible for making any necessary repairs in a timely manner.
You are responsible for providing the tenant with the relevant guides and safety certificates within a certain period.
You are also responsible for dealing with the deposit under the relevant legislation.
You are responsible for acquiring the relevant licenses that may be necessary to rent the property.
You are responsible for ending the tenancy under the relevant legislation, should you wish to.

If you fail to comply with any of the relevant legislation, you could face large financial penalties, potential criminal prosecution, or you could find yourself unable to evict a rogue tenant, and in some cases having to pay the rent back to them!

Solution

These days, it is not a ‘get out of jail free’ card to have any agent managing your property. It is essential that your chosen agent is up to date on the relevant law, to ensure your property is compliant and your obligations as a landlord have been, and continue to be, met. This can prove a difficult task for agents as the law adapts so quickly it can at times seem impossible to keep up. The next challenge coming our way is the rental reforms as proposed by the Department for Levelling Up, Housing and Communities which looks to bring in several changes, including the introduction of the Decent Homes Standard for the first time in the private rental sector.

At Woodstock Legal Services, we work closely with multiple agents, providing them with regular training and a legal helpline to ensure that they are up to date with the law and can provide the best service to their landlords. We also work closely with landlords directly and can assist you before any issues occur by reviewing your paperwork to ensure you are compliant at the commencement of your tenancy, and of course to assist you with any queries you may have throughout the duration of your tenancy.

Forfeiture in residential tenancies

Thu, 11 May 2023 14:05:08 GMT

Certain types of tenancies fall outside of the usual Section 8 and Section 21 procedure, what can we use to evict a tenant

Certain types of tenancies, such as common law tenancies where the annual rent is over £100k or tenancies let to a company tenant, fall outside of the usual s8 and s21 procedure.

Forfeiture is a procedure that allows a landlord to evict a tenant if there has been a breach of a term of the tenancy, most commonly rent arrears. If the tenant falls into rent arrears a landlord is entitled to forfeit the tenancy for non-payment of rent.

The tenancy agreement usually has a forfeiture clause which states that, if at any time rent is unpaid a landlord can re-enter and take possession of the property. Although the clause states that you may re-enter the property and take possession, you must obtain a court order for possession because the property is being used for residential purposes. By re-entry, the landlord forfeits the tenancy.

However, you have the right to treat the tenancy at an end and seek possession based on forfeiture. You should, however, be aware that it does mean that the tenancy is at an end, i.e. the tenant is no longer liable for future rent until the end of the tenancy agreement, nor are they bound by any of the other terms of the agreement.

This does not mean that the tenant is entitled to occupy the property for free. You are entitled to claim "damages for use and occupation of the property” which, in practice, means payment of an amount equivalent to the rent on the basis that the tenant is depriving you of the use of the property and your ability to re-let it to someone else.

Waiver

It is important not to do anything which would be interpreted as waving your right to forfeiture, for example doing anything inconsistent with the tenancy having come to an end. Demanding the rent is inconsistent with the tenancy having ended and therefore the demand is treated in law as the landlord accepting the continuation of the tenancy and so the right to forfeiture is lost. This is an important point as landlords and agents can often get into difficulties on the issue of waiver. The easiest way of avoiding the problem is to imagine your tenants now occupying the property as trespassers. They have no legal right to be there (albeit that you need a court order to remove them) and you have no agreement with them. The only thing you can now demand from them is an amount equivalent to the rent for their continued occupation of the property.

Relief from forfeiture

Although you are entitled to treat the tenancy at an end and bring a claim for forfeiture, tenants can apply for relief from forfeiture. Relief from forfeiture means that the tenancy is treated as having continued its original terms. Specifically, if the tenant pays all the arrears and costs not less than 5 days before the court hearing they are automatically entitled to relief from forfeiture and the claim ceases.

Similarly, a court must give a minimum of 4 weeks for the tenant to pay the arrears and costs after the court hearing and, if they do, they are entitled to relief from forfeiture. The court has the power to extend that period on the application of the tenant and there is a long-stop provision allowing tenants to apply for relief from forfeiture for six months after the landlord recovers possession. This does not mean that you cannot re-let the property for six months as the courts do not expect landlords to leave properties empty for that period on the off chance that the tenant may apply for relief.

You are entitled to act reasonably in re-letting the property and when considering whether it is reasonable to grant relief from forfeiture the court would take into account whether there are new tenants in the property. I would also point out that relief from forfeiture will always be on the basis that any arrears and costs are paid so you would not be out of pocket.

Action steps

Forfeiture is a very complicated and outdated area of law. It is important to understand the effect of forfeiture as it has a significant impact on both the landlord and the tenant.

If any applicable tenancies do fall into rent arrears, then take immediate action:

Consult a solicitor if a tenant falls into rent arrears as you do not need to wait until there are 2 months’ rent outstanding like with usual AST tenancies.

Once a solicitor has been instructed then the safest thing to do is do nothing! Forfeiture is possibly the only procedure where the advice is for landlords/agents to do nothing. With forfeiture, there is a very fine line that can be crossed which could jeopardise court proceedings. Therefore agents/landlords should immediately cease any action that recognises the existence of the tenancy to prevent any issues with waiver and so any court proceedings are not affected.

It is recommended to cease communications with the tenant and leave this with the solicitor to communicate with the tenant on your behalf. The Solicitor will review the tenancy including the forfeiture clause and assess whether the tenancy can be terminated at that point.

Woodstock’s specialist lawyers can assist with terminating all types of tenancies. If you are unsure what is the correct procedure for a type of tenancy, then please do not hesitate to get in touch and we can help. Woodstock Legal Services are on hand to guide you through the process and also communicate with the tenant on your behalf if required to help recover possession of the property as quickly as possible.

Horror Story - My tenant destroyed my property

Wed, 03 May 2023 12:22:57 GMT

'The tenant from hell ' not only did he not pay rent he single-handedly took down each tile from my bathroom wall

Although it is nowhere near Halloween read this story of a landlord’s worst nightmare…’ the tenant from hell…he not only doesn’t pay rent he single-handedly took down each tile from my bathroom wall!’

As if the headache of the pandemic wasn’t enough for private landlords, one had the misfortune of a tenant who refused to pay rent and ‘renovated’ his property. This tenant humoured his landlord into allowing him to re-decorate to suit his taste, by dangling the carrot of ‘I wish to buy your home.’

Soon what was supposed to be minor re-decorating turned his property into a construction site. The unfortunate landlord never got the sale through and of course, any attempts from the landlord’s conveyancing solicitors fell on deaf ears. Eventually, the landlord realised that this tenant not only had no intention to buy his home, but he had no intention to pay to live in it and was destroying it!

From sawing the doors in half to removing every tile from the bathroom wall and claiming they ‘fell off’- but conveniently did not dent the bathtub placed directly under the wall - this landlord went through it all.

What could this landlord have done differently? Referencing checks – well these were done. Managing agents – he had not instructed one – this landlord, unfortunately, managed the property without any professional assistance.

Does it make that much difference? In some instances, YES! Today more than ever it seems private landlords need these extra layers of protection, from professional agents to solicitors – all helping to keep this vulnerable relationship a purely professional one.

The legal system is far from sufficient for landlords and the pendulum swings very much in favour of tenants. Sadly, this tenant took advantage of the court system. Whatever awareness makes them feel empowered, it is for the private landlords to counteract that – educate yourselves on what the tactics are.

Surely distrust is not the best way to build these sorts of relationships. Let’s think of it like this – let them give you a reason to trust them. Trust the tenant that pays on time, that allows access to repair the property, that doesn’t destroy it but rather treats it like their own property.

Are there any more of those left? Whilst there were some genuine cases, the pandemic resulted in many tenants trying to play the system and avoid paying rent by attempting to argue disrepair and counterclaiming to the exact penny owed in rent arrears – the pandemic gave these tenants a very good excuse to not allow access, to silently claw away at every brick and tile within their reach. But now that we have seen the end of the pandemic, has this murky veil been lifted? Have they been caught in action? It is hard to give a definite answer.

But what do we learn today – from the unfortunate circumstances of one private landlord, others should ensure they carry out their monthly or three monthly inspections - Don’t take I won’t be home as an excuse, ask for permission to enter using your own keys, keep an inventory, and at the first sniff of a tenant taking the biscuit – ACT - or yours could be the wall with the tiles ‘falling off.’

The secret to making reasonable adjustments in the workplace

Tue, 04 Apr 2023 11:21:50 GMT

In Employment Law, a business has a legal duty to make “reasonable adjustments” for a disabled member of staff (not just an employee).

The secret to making reasonable adjustments in the workplace .

In Employment Law, a business has a legal duty to make “reasonable adjustments” for a disabled member of staff (not just an employee).

But what is a reasonable adjustment?

A reasonable adjustment can be all sorts of things, from installing access ramps, perhaps allowing a disabled member of staff to attend a disciplinary or grievance meeting with a support worker or a member of their family rather than with a colleague or trade union representative or trade union official, agreeing to reallocate certain parts of their role, or other things that remove or lessen the disadvantage that their disability can cause for them.

However, two key elements surrounding the law on making reasonable adjustments are often misunderstood.

Firstly, the adjustment must be reasonable. This depends on the circumstances of each case. To take an extreme example, if an adjustment is likely to bankrupt the business and cost everyone their jobs, then it likely isn’t a reasonable one.

Often, staff members will set out a list of what they want and claim that everything on their list is a reasonable adjustment. Sometimes, the things that they have listed are reasonable adjustments, whilst at other times, they aren’t. Often, it is for someone who is in possession of all the facts, but who is not the disabled person, nor the business to decide what would be a reasonable adjustment, such as an occupational health therapist or, if gets to that stage, an employment judge.

Secondly, the duty to make reasonable adjustments is about ensuring that the disabled person is treated in a manner that is equivalent to people who do not share their disability. In other words, the Equality Act 2010 is aimed at ensuring equality, not giving someone better rights than anyone else. For a disabled person, this means trying to lessen or, if possible, remove the significant disadvantage that the disability is causing to the member of staff.

A relevant real-life example

This was recently explored in the Employment Appeal Tribunal case of Hilaire v Luton Borough Council [2022] EAT 166.

This case involved a disabled employee who was subject to various employment-related processes at the same time as a restructure that could have resulted in his redundancy. All candidates were being asked to reapply for 13 roles and many of them had already been interviewed, as the process had to be completed by a specific date. The disabled employee was off sick from work at the time (which was one of the other employment-related processes that was running alongside the restructure) and, because of the deadline for the roles to be filled (to avoid redundancies, where possible), a deadline was placed on his attending a job interview to apply for one of the 13 roles that were available.

The disabled employee claimed that, because he was on long-term sick leave, he had not attended a job interview in a long time, he had not been given training on how to be interviewed, and he had a number of other employment-related processes happening at the same time, which affected his ability to focus on any one of them, he should simply be “slotted in” to one of the 13 vacant roles, rather than having to attend an interview.

Instead, the employer permitted a brief delay to allow him to recover sufficiently to attend an interview.

The Employment Tribunal had found that the employee had no intention of attending the interview, not because of his disability, but because he felt that the interview process was a veiled attempt to simply dismiss him. The Employment Appeal Tribunal agreed but held that the brief delay to allow him to attend the interview was not a reasonable adjustment as there was no guarantee that the employee would have recovered enough to attend the interview after a brief delay.

Regarding whether slotting the employee into a vacant role could generally be a reasonable adjustment, the Employment Appeal Tribunal held that this could be a correct course of action in certain circumstances, because it would alleviate the disadvantage that was caused to the employee by his disability. However, His Honour Judge Wayne Beard concluded at paragraph 33 of his judgment that it was not a reasonable course of action in this case, as slotting the employee into a vacant role “…was a step which would have impacted on others who had taken part in a process of selection [to avoid redundancy*]”. Therefore, the employee’s interests had to be balanced against the interests of the other employees who were also at risk of redundancy and who were relying on the employee attending an interview before they would know who would receive the 13 roles that were available.

More broadly, on the subject of reasonable adjustments, His Honour Judge Beard held, in the same paragraph that:-

“Making a reasonable adjustment is not a vehicle for giving an advantage over and above removing the particular disadvantage”.

Conclusion

In other words, a reasonable adjustment is not intended to give a disabled member of staff better rights than their colleagues. It is intended to give them the benefit of the doubt, so that the impact of their disability is either reduced or removed, putting them in the same position – or broadly the same position – as others who do not share their disability.

If you are struggling with making reasonable adjustments in the workplace and need some advice, please get in touch with a member of our Employment Law Team using the contact form below or call our offices on 0330 088 5792.

Woodstock Legal Services have partnered with Cancer Research UK to provide Free wills.

Tue, 28 Mar 2023 11:43:24 GMT

Woodstock Legal Services have partnered with Cancer Research UK to provide Free wills.

Woodstock Legal Services provides an excellent opportunity for individuals to make a lasting impact on the fight against cancer by including Cancer Research UK in their wills. By choosing this option, not only will you guarantee that your wishes are carried out after you have passed away, but you may also be able to leave a gift of money that will go towards funding that will help to fight cancer.

If you donate:

£4,000 can buy a diamond knife to slice through cells, allowing CRUK to study them closely to find new ways to target cancer's weak spots.
£7,000 can fund one week of the Add Aspirin clinical trial into stopping cancer from coming back after treatment
15% of a £400,000 estate it can buy a buy a DNA-sequencing machine that allows scientists to analyse a huge amount of DNA very quickly, helping them to learn more about cancer

More than a third of Cancer Research UK projects are funded by gifts left in Wills. Legacies breathe life into researchers’ work. They enable long-term research projects that lead to new treatments and continue to save lives for generations to come, leading us to a world where everybody can lead longer, better lives, free from the fear of cancer. In the past 40 years, cancer survival has doubled in part thanks to Cancer Research UK’s pioneering research, funded by the generosity of their supporters. Cancer Research UK wants to accelerate progress and see 3 in 4 people surviving their cancer by 2034. They cannot achieve this mission alone and rely on their dedicated scientists, doctors and nurses, and the generosity of their supporters across the UK. 1 in 2 people will get cancer in their lifetime*. All of us can support the research that will beat it.

Pledge to leave a gift in your Will to Cancer Research UK today, come and speak with our Wills and Probate experts or visit the CRUK website for more information

cruk.org/legacies

Gary Lineker Social Media Blunder by BBC

Thu, 16 Mar 2023 12:38:48 GMT

Now, instead of reporting the news, the BBC is the story – and this time it’s a row with football legend, Gary Lineker.

On 7 March Gary Lineker tweeted his personal views about a proposed government policy which will see asylum seekers banned from ever returning to the UK. The BBC acted quickly on the tweet, stating that it felt Lineker was demonstrating bias in breach of its social media policy and at risk of its reputation. The result? Gary Lineker temporarily suspended pending investigation.

What followed was an intense show of support as other BBC presenters jumped behind Lineker to stand up against the BBC. As pressure mounted the BBC was forced to capitulate and welcome Lineker back into the studio.

Whether or not you agree with Gary Lineker’s comments, there is one thing we can all agree on; the BBC has made an absolute mess of the situation.

Their first failing is that they did not follow their own guidance – their social media policy.

Albeit in smaller scale, it’s something the Employment Law team at Woodstock Legal Services has witnessed time and time again. Namely; an employer taking an overzealous approach to discipline without checking its own contracts and policy documents first.

The result is that disciplinary action taken by that employer may constitute unfairness and could result in significant and costly employment tribunal claims.

In the case of Lineker, it’s clear that the BBC jumped without thinking.

An excerpt of the BBC Social Media Policy states as follows:-

‘Where individuals identify themselves as being linked with the BBC, or are programme makers, editorial staff, reporters or presenters primarily associated with the BBC, their public expressions of opinion have the potential to compromise the BBC’s impartiality and to damage its reputation.’

Arguably then, Lineker would be caught by this wide definition, as he is clearly a presenter and associated with the BBC. However, the comments were made by Lineker on his own personal twitter account – which gives no reference to his engagement as a presenter by the BBC. It is also highly important to note that Lineker is a sports presenter and was passing comment on politics.

This is key. The BBC’s own policy, when considering the risks to its reputation, states:-

‘The risk is greater where the public expressions of opinion overlap with the area of the individual’s work…The risk is lower where an individual is expressing views publicly on an unrelated area, for example, a sports or science presenter expressing views on politics or the arts.’

Therefore, even by the standards set in the BBC’s own policy, Gary Lineker’s actions should have been deemed low risk given that he is a sports presenter and his comments related to politics. This clearly left the BBC without a leg to stand on (that’s a legal term!) and coupled with the significant pressure from Lineker’s peers, has resulted in their capitulation on the point.

When was the last time you reviewed your social media policy? Get in touch with the Employment Law team for a free policy review!

Jeremy Hunts autumn budget 2022 – what Agents and Landlords need to know: -

Fri, 18 Nov 2022 11:21:09 GMT

A Run Down of what you need to know from the Autumn Budget

Most will have heard the Chancellor warn that “everybody will be paying a little bit more tax” earlier this week, but here’s exactly what you need to take from Hunt’s Autumn budget released on Thursday.

Taxation and wages:

Threshold for top rate of income tax

The threshold for when the highest earners will start paying the top rate of income tax will be brought down from £150,000 per annum to £125,140. This means that those earning over £150,000 will pay just over £1,200 more a year in tax and will therefore have a reduced disposable income.

Tax thresholds frozen for a further two years, until April 2028

Income tax, national insurance, personal allowance, inheritance tax and higher rate threshold allowance thresholds will all be frozen until April 2028. This means that although the tax bands for income tax and national insurance will stay the same, more people will move into higher tax brackets as their wages increase in line with inflation, and thus people will end up paying more tax.

Freezing the inheritance tax threshold at £325,000 will also mean that more estates will become liable to inheritance tax as house prices and inflation increase.

National living wage increase

The national living wage will be increased from £9.50 to £10.42 for the over 23’s from April 2023. This will mean an annual pay rise of £1,600 for the average worker which is the largest ever increase in the UK’s national living wage. This will hopefully provide some financial reassurance for tenants receiving the national living wage.

Dividend allowance to be cut from 2023

The tax free dividend allowance is due to be cut in 2023 from £2000 to £1000, and will be cut further to £500.00 in 2024. This will impact landlords using limited company structures as they pay themselves dividends from their rental profits.

Capital gains tax relief allowance cut by over half

From 2023 the annual exempt amount for capital gains tax will be cut from £12,300.00 to £6000.00, and then further halved to £3000.00 from 2024. This news will be unwelcome to Landlords and second home owners looking to sell properties in their portfolio as capital gains tax is applied at a much higher rate for residential property.

Stamp duty cuts to remain for a limited time period

The stamp duty cuts announced in the previous mini-budget will remain in place for now, but only until March 31 2025. This means that the threshold of the price of a property before stamp duty is paid will stay at £250,000, up from the previous threshold of £125,000 - but now only for a time limited period.

Introducing a social housing sector rent cap

The social housing rented sector is expecting rent increases of up to 11% in the next year, and therefore the government have introduced a 7% cap on rent increases for social rents in 2023 and 2024. This should help tenants in social housing save around £200.00.

Employer national insurance threshold frozen

The employer national insurance threshold will be frozen until 2028, which will equate to employers paying more as wages increase and fall into higher tax brackets. This is key for letting and managing agents employing members of staff. However, the employment allowance will remain at its current higher level of £5,000.00, meaning that around 40% of business will pay no national insurance.

Energy measures:

The energy price guarantee will be extended for a further 12 months

Help for energy bills will be extended, but it will be less generous. The energy price guarantee will remain in place for a further 12 months from April 2023, but the price will increase to £3,000 per year for the average household meaning an average of £500.00 support for every household in the country.

There will be targeted support for the most vulnerable to the cost of living crisis

The chancellor will introduce the additional cost of living payments next year:

£900 to households on means tested benefits
£300 for pensioner households
£150 for those on disability benefits
£1 billion of funding for the household support fund, extending the support for a further 12 months

Support in line with inflation:

Benefits and pensions will rise in line with inflation

Means-tested benefits, including universal credit, and pensions will both rise in line with inflation. This will assist tenants receiving benefits and / or a state pension cope with the cost of living crisis.

The Renting Homes Act - Wales

Wed, 16 Nov 2022 09:06:32 GMT

The Renting Homes (Wales) Act 2016 comes into force on 1 December 2022 and is the biggest change to housing law in Wales for decades. The purpose of the legislation is to simplify the housing system and provide greater security.

Tenants will be called ‘contract holders’ and will have an ‘occupation contract’ rather than a tenancy agreement.

There are two types of occupation contract:

A ‘standard occupation contract’ for use in the private rented sector; and
A ‘secure occupation contract’ issued by local authority landlords.

Standard contracts can either be periodic from the start or for a fixed term and then become periodic. The Government has released model contracts but the rules regarding adapting the terms in the occupation contracts are strict.

What types of terms feature in the occupation contracts?

There are 4 types of terms that can feature in the occupation contracts – key matters, fundamental terms, supplementary terms and additional terms.

Fundamental terms marked (F) cannot be omitted or modified. Those marked F+ can be omitted or modified with the contract-holders agreement but only if the contract-holder believes that their omission or modification is in their benefit.

Supplemental terms (S) can be omitted or modified by agreement. If any are to be omitted or modified the contract-holder should have the omission or modification brought to their attention and should be asked to agree to the change.

Additional terms (A) are those terms specifically agreed upon between the parties.

Changes to fundamental terms (F+), supplemental terms and the addition of additional terms are only permitted if the changes or omissions do not conflict with the fundamental terms.

What action do I need to take as a landlord?

From 1 December 2022, all tenancies will automatically convert to occupation contracts.

For any new occupation contracts from 1 December 2022, landlords will have to issue the contract holder with a written statement within 14 days of moving in. The written statement must contain all the terms of the contract.

For existing tenancy agreements, landlords have a maximum of six months to issue a written statement of the converted occupation contract to their contract holders.

The implications of an incorrect written statement

Any landlord who fails to provide a written statement in the required time or provides an incomplete or incorrect statement faces severe penalties.

The contract holder is entitled to compensation of one day’s rent per day of non-compliance for up to two months, plus interest. It is undoubtedly known that some contract holders will seek to claim the rent back from their landlords if a written statement or defective contract is provided.

It is therefore very important that landlords take action now to get their contracts/written statements ready.

How to terminate an occupation contract

Section 21 and section 8 Notices will be replaced with new notices.

Unlike England and the plans to abolish section 21 Notices, Wales are keeping a no-fault notice. The notice period will be 6 months rather than 2 months.

A landlord will not be able to give such a notice until 6 months after the contract starts. Notice is 6 months long therefore the earliest the contract can be terminated is 12 months under this particular notice.

If a landlord wants to incorporate a break clause in a contract, then the contract must have a fixed term of 2 years or more and the landlord will not be able to exercise a break clause within the first 18 months of occupation.

There will be certain circumstances where 2 months’ notice can still be issued but there will be a deadline for these notices and any notices served after this date will be required to be 6 months’ notice. It is very important that agents/landlords are aware of this when serving notices as an invalid notice could cause serious delays when trying to obtain possession. It is recommended to instruct solicitors to ensure these notices are valid.

Similarly, to section 8 a landlord will be able to serve notice to terminate an agreement on various grounds such as rent arrears, but the notice periods differ.

Landlords need to take action now

Agents/landlords will need to review their portfolios to ensure that they are ready for the changes for any Welsh properties.

Any new contracts from 1 December 2022 the new contracts will be required.

For existing contracts that convert, agents need to note the deadline of 6 months to provide the written statement.

Landlords/agents should review any existing tenancies to see if notice needs to be served while the notice period is 2 months before it changes to 6 months (remember this is for only certain tenancies)

Ensure that any notices served are valid due to the long notice periods – it is recommended to get any notices checked by solicitors.

Frustratingly we still see a large number of invalid notices – perhaps as high as 70-80%. It is crucial that landlords obtain legal advice on drafting and service of notices.

Contact our specialist Landlord and Tenant team

We appreciate the changes seem incredibly overwhelming and daunting particularly given the harsh penalties and the long notice periods.

Woodstock Legal Services are here to support you and help you navigate through the changes. We can assist to provide you with a renting homes compatible template contracts/written statement, and we can assist to serve possession notices under the new regime.

Please do not hesitate to get in touch if you need any help.

If you are seeking legal advice on any landlord and tenant matters , please contact Anna Hughes by emailing a.hughes@woodstocklegalservices.co.uk or by completing the form below.

“Disgraceful Landlord dumped my belongings on the street and changed the locks after 15 years”

Mon, 17 Oct 2022 16:52:16 GMT

“My Landlord threw me out on the street” the risks of unlawful eviction: -

Intro

If you read The Sun newspaper, or, more likely, are bombarded with their updates on all social media platforms, you may have seen the headline recently reading:

“Disgraceful Landlord dumped my belongings on the street and changed the locks after 15 years”.

Whilst The Sun articles are not my usual read for legal content, this one caught my eye and, knowing the complexities of the possession process and the risks of unlawful eviction, I was intrigued to know the whole story.

According to the article, the tenant was having issues with the boiler in the property which had been ongoing for 5 years. After disclosing her plan to take her landlord to the tribunal, the landlord entered the property without the tenant’s consent and proceeded to remove all her possessions from the property disposing them onto the pavement and changed the locks. I can assure you, the image you have in mind will not be nearly as striking as the photograph attached to the article!

Problem

After working in the Landlord and Tenant sector for years, helping landlords legally regain possession of their properties, three issues immediately sprung to mind:

Unlawful eviction:

Whilst it might be tempting for landlords to swerve the eviction process with problematic tenants and take the approach of this landlord, the consequences can be grave. Changing the locks on a tenant whilst they are still living in the property without a proper court order or assistance from court bailiffs, will mean the landlord is guilty of the offence of unlawful eviction. If you are found to have unlawfully evicted your tenant, you could face up to two years’ imprisonment and/or an unlimited fine. The tenant is also likely to be awarded compensation and the court may in fact order that the tenant be allowed back into the property

Retaliatory eviction:

Even if this landlord had served their tenant with a valid section 21 eviction notice, this may be considered as retaliatory eviction under the Deregulation act 2015. Retaliatory eviction is where a tenant makes a legitimate complaint to their landlord about the condition of the property, and in response, instead of making the necessary repairs, the landlord serves the tenant with a section 21 notice to evict.

A landlord cannot give a tenant a valid section 21 Notice for the next 6 months if the Council serve the landlord with either an improvement notice or an emergency remedial action notice.

If a landlord has already served a section 21 Notice that section 21 Notice will become invalid if prior to the service of the notice:

- the tenant has made a written complaint to their landlord, and

-the landlord fails to provide an adequate response within 14 days, and

-the tenant then complains to the Council and the Council subsequently serve an improvement notice or an emergency remedial action notice on the landlord.

If it was the case that the tenant was in arrears and the landlord had served a section 8 notice, the tenant may have had a valid counterclaim for disrepair, which could result in a money judgment being made against the landlord and extinguishing the claim for arrears of rent and impacting the landlord’s ability to obtain possession.

Tenants claim under tort law for the value of the items removed:

To add to the landlord’s problems, the tenant could make a claim for compensation for the value of the tenant’s belongings. If a tenant has left any of their possessions in the property after they have vacated, it is not okay to presume they can be disposed of. It is recommended that the landlord serve a torts notice on the former tenant before removing/disposing of the items.

A torts notice will provide the former tenant with a time frame to collect or take delivery of the possessions left at the property. If the landlord was to remove or dispose of the items without first serving valid torts notice, the tenant could have a valid money claim against the landlord for the value of these items.

Solution

As you will have realised, it is not lawful nor recommended for a landlord to take matters into their own hands when evicting their tenants. If the correct legal processes are not followed, landlords could face a hefty fine, a county court judgment against them or even a prison sentence.

If you are considering evicting your current tenant, we would strongly encourage you to take legal advice. Our friendly team at Woodstock Legal Services pride themselves on providing expert advice and will be happy to chat through any issues you may have.

Liz Truss commits to abolishing no fault section 21 Notices

c.jermyn@woodstockpropertylaw.com — Thu, 13 Oct 2022 13:00:20 GMT

Clarification for the private rental sector on the future of section 21 notices

The private rented sector is in a period of challenge and uncertainty,

In November 2019, the Conservative party manifesto included a commitment to introduce a Renters’ Reform Bill. The proposals are the biggest change to the private rented sector in more than 30 years and a key part of those proposals was to abolish “no fault” section 21 Notices.

With Liz Truss stepping into Boris Johnson’s shoes and a shakeup in cabinet, the future of the Renters Reform Bill seemed somewhat uncertain. Then, on Tuesday 12 October a Times Political Editor reported that the Times had been informed that abolishing section 21 Notices is “not considered a priority and could be killed off entirely, despite being a manifesto commitment.”

This was quite a bold statement and unsurprisingly the announcement was met by hostility from the Labour party and organisations such as Generation Rent. However, yesterday Liz Truss confirmed she remains committed to abolishing section 21 Notices in a dramatic turn of events.

Whether it is another conservative U-turn or a case of misreporting, it is undoubtedly clear that all parties support the premise that “everyone deserves to live in a safe and secure home” and that reform is required. However, the Reforms must strike a balance between providing tenants with security in rented accommodation and giving landlords confidence that the private rented sector is a good place to invest.

If section 21 Notices are abolished, landlords must have the ability to obtain possession of their property swiftly when they have a valid reason to do so. There are plans to strengthen the grounds for possession under section 8, but the devil will be in the detail and these grounds must be carefully considered, clear and fit for purpose.

The second key challenge to the removal of section 21 is the ability of the courts to deal with the increase in hearings required to determine possession on the newly drafted section 8 grounds.

For years, landlords, who in fact had grounds for possession, have used section 21 to avoid the need for a court hearing and make use of the accelerated possession procedure, a paper-based claim with no requirement for a hearing. If this route is scrapped, all claims will need to proceed through the courts and be determined by a judge at a hearing, usually in person. This will undoubtably place an already over stretched court system under immense pressure, which will in turn cause a delay in the process of obtaining possession.

Whilst court reform is also firmly on the agenda this is no easy task, and a huge amount of work is needed to bring the courts up to the standard required to deal with cases efficiently and justly.

It will be incredibly important that landlords get quality and timely advice to ensure their claims proceed as swiftly as possible through the court system. Any mistakes with paperwork or lack of evidence to support the grounds for possession will put landlords even further on the back foot.

Labour and its plans for Landlords and Tenants

Wed, 12 Oct 2022 20:04:13 GMT

It is no surprise that the Conservative Party and Labour Party have opposing policies when it comes to the private rental sector.

London’s Labour Mayor, Sadiq Khan, has expressed that he wants the new Prime Minister, Liz Truss, to enforce the policies proposed by the Labour Party. Sadiq wants the new PM to make landlords responsible for paying their tenants’ moving costs if they are evicted for the convenience of the property owner. Khan also wants to see notice periods extended so that tenants are given more notice before they are required to give up possession of the property. Labour has suggested that they may introduce notice periods of four months for all repossessions, which would without a doubt cause concern for landlords, particularly if this applied to section 8 notices on the grounds of rent arrears.

Khan has also called for power to freeze rents. Scottish First Minister, Nicola Sturgeon, has already implemented this reform in Scotland and has announced that she will be freezing rent payments until Spring, in the hope that this will help tackle the current energy cost crisis.

The recent Labour Party conference saw further commitment to reform in the private rental sector with many of Khan’s proposals echoed by Lisa Nandy (Shadow Secretary of State for Levelling Up, Housing and Communities) who also expressed keen interest in handing power to Metropolitan Area mayors and local council leaders to freeze rents.

Overall, Labour’s planned reforms are very pro-tenant. Lisa Nandy has also pledged to allow tenants to have pets, to create a national register of landlords, to initiate a legally binding decent homes standard in the private rental sector and examine a scheme for ‘portable’ deposits making it easier and cheaper for tenants to switch properties. Nandy also expressed that the Labour Party would create a Renters’ Charter, giving tenants more rights and safer homes – “we will tilt the balance of power back to you through a powerful new renters’ charter and a new decent homes standard - written into law.”

The Labour Party is also committed to the abolition of section 21 notices, a reform also proposed by the Conservative government but with legislation yet to be passed. Labour however goes a step further by wanting to reduce eviction powers for landlords whose tenants are in rent arrears. This would be a huge change for landlords as. according to the National Residential Landlords Association (NRLA), if Labour implements this change, they fear that this would send a signal to tenants that paying rent was somehow an optional extra.

What is clear is, that whether we have a Labour or Conservative government, reform in the private rental sector is coming. Landlords need to be well prepared, know their portfolio, know their obligations and their tenants, and ensure they have the right people to guide them through the changes to manage a successful portfolio.

If you are a landlord, make sure to keep an eye on the news to see what changes may be coming your way in the next couple of months.

“What should I do if an additional bank holiday crops up again?”

Mon, 10 Oct 2022 19:02:01 GMT

Let’s be fair, additional bank holidays don’t crop up too frequently.

However, during 2022, we had one additional bank holiday for Her Majesty Queen Elizabeth II’s Platinum Jubilee in June and, tragically, an unexpected additional bank holiday given for her State Funeral in September.

Whilst the second of these could not be foreseen, it meant that we had ten bank holidays in one year, rather than the usual eight, which led employers to ask “Should we give time off for these?” and “If we must, should they be paid?”

The First Part of the Answer

As a worker’s minimum statutory entitlement is to 5.6 weeks’ holiday, split into 20 days of “normal” holiday and eight days of public holidays (perhaps better known as bank holidays), the first part of the answer is to look very carefully at the wording used in your staff contracts, as this will dictate your actions and the risk to your business.

1. Your contracts might provide that your staff are entitled to take “all public holidays”, in which case they are entitled to all bank holidays, regardless of how many there are. Your contracts might also specify whether these are paid or unpaid but, if there is nothing specific to suggest which, then the assumption may be that they are to be paid.

2. Alternatively, your contracts might specify that a worker is entitled to take “the usual eight public holidays”, which leaves you with a choice about whether to allow your staff to take additional paid time off for an unexpected bank holiday or not.

3. Additionally, you might work in an industry where your staff are expected to work on bank holidays, which again leaves you with an open choice.

Tied into this, in all three scenarios and looking more broadly at bank holidays in general, there is the question of where your staff are actually based.

With the shift away from working in the traditional workplace in certain industries, even to staff being based in other countries across the world, now might be the time to specify precisely which public holidays are to apply. This primarily comes down to which country’s laws you would like to apply to the contract, although the question of whether you allow your staff to benefit from another country’s public holidays is something that you should take specific advice on.

The Second Part of the Answer

The second part of the answer is that it is also important to consider the cultural impact of a solution, alongside the impact to your business. For instance:-

· Your staff might be disgruntled if you do not provide them with an additional bank holiday if it arises, particularly if other businesses in your industry have accommodated it. Likewise, if you give them the bank holiday as time off, but do not pay them for it, you could be risking workplace grievances and possible tribunal claims, which is a significant time and money cost for your business as you attempt to resolve the issue.

· On the flip side, it wasn’t your decision to put another bank holiday in the diary and the public guidance may very well put the responsibility firmly on your shoulders. In these circumstances, it might seem best to take a measured approach, focusing on what is reasonable in the circumstances. For instance, many hospitality venues closed for the State Funeral, but only for the duration of the ceremonies, allowing their staff to view them if they wished to. These venues essentially sacrificed their morning and lunchtime trade, but later brought their staff in to serve their evening trade, after the official ceremonies had ended. Whilst this solution might not work for all additional bank holidays, it does give an indication of the practical thinking involved in helping a business to achieve a fair compromise between accommodating its staff and continuing to function as best it can in the circumstances.

Whilst the two additional bank holidays this year had focused on the reign of Her Majesty Queen Elizabeth II, indicating that they can arise for commemorating events of national significance and respecting the passing of people of national significance, this does not rule out their application to other, similar circumstances, or even the creation of new bank holidays in the future. After all, never say never…

Next Step

Having staff contracts that are unprepared for these possibilities, even in a general sense, can create significant disruption and confusion in your business.

If you are concerned that your staff contracts could be landing you in trouble, contact us to learn more about our Fixed Fee Staff Contract Review.

What do Truss’ and Clarke’s appointment mean for the private rental sector?

Fri, 23 Sep 2022 15:22:17 GMT

Liz Truss won the Conservative Party leadership contest and has taken over as Prime Minister. Forming part of Liz Truss’ new cabinet is Simon Clarke, who has been appointed as the Levelling Up Secretary. So what does this all mean for the private rental sector and, more importantly, the anticipated reforms?

Is Simon Clarke’s appointment a positive for the private rental sector?

Ben Beadle, the chief executive of the National Residential Landlords’ Association, said: “The NRLA welcomes Simon Clarke’s appointment as Levelling Up Secretary.”

Some background on Clarke: in September 2018, Simon Clarke voted against higher fines for landlords or letting agencies breaching the law limiting what tenants can be charged for; he also voted against restricting landlords and letting agents from charging tenants for losses arising from default by the tenant of the tenancy agreement; all of which demonstrates a more favourable attitude towards landlords.

How does the future look for landlords with Liz Truss in charge?

Truss is facing challenges with the energy crisis and the war on Ukraine. She also has her work cut out to tackle the housing crisis.

The private rental sector is the second largest in England, housing 4.5 million or 19% of households. As part of a long-term plan to transform the UK to reduce the imbalances between areas and social groups and create more equal opportunities, the then Secretary of State Michael Gove unveiled the Government’s Levelling Up White Paper setting out the Government’s strategy. The mission was to halve the number of poor-quality homes by 2030.

Amongst other Government responses, part of the White Paper set out plans to:

· abolish Section 21 ‘no-fault’ evictions and introduce a simpler tenancy structure

· apply the Decent Homes Standard to the PRS for the first time

· introduce a new Property Portal to help landlords understand their obligations

· introduce a housing ombudsman covering all PRS landlords and providing redress for tenants

Liz Truss’ speech as Prime Minister on 6 September confirmed three early priorities - to grow the economy through tax cuts and reform, to tackle the energy crisis, and to deliver on the National Health Service. Although she did not mention the phrase ‘levelling up’, which formed a strong part of the Conservative Manifesto back in 2019, Truss has positioned herself as being pro-growth and getting things done. There were some concerns that the Levelling Up agenda could take a back seat following Truss’ comments that it was wrong to view economic policy through the “lens of redistribution”.

If Liz Truss takes a more Thatcherite economic view and encourages deregulation, where does that leave the renters reform legislation? Will it be scrapped? Could there be moves to water it down? Liz Truss has also hinted there could be a General Election in 2024; who knows where that leaves the proposals.

We will continue to follow the progress of the reforms and update our readers on any new developments. In the meantime, be sure to follow our blog for more updates on this story and other housing news.

Employer penalised for putting too much detail in its employment contracts

Mon, 05 Sep 2022 14:56:28 GMT

There is a fine line between including enough detail in your employment contracts and including too much.

As an employer, you will likely want to have everything written down in one place, not only for the benefit of your employees, but for your own ease of reference as well.

The difficulty with this is that the more detail you put in your contracts, the more you will be contractually obliged to give to your employees.

A practical example

This is neatly demonstrated in a recent Court of Appeal case, Amdocs Systems Group Ltd v. Langston [2022] EWCA Civ 1027.

In this case, the employee had been presented with a “summary of benefits” attached to an offer letter for his role, and an employment contract, which all referred to a salary protection plan (a.k.a. an income protection scheme) to differing degrees.

In a nutshell, if the employee was away from work on long-term sickness absence, he would be paid his income protection benefits for 52 weeks. Those benefits would then increase in value by 5% each year, representing inflation, until the employee returned to work.

The existence and continuation of this benefit and the percentage increase had been confirmed numerous times in the following years and had even survived a contractual restructure.

When the employee went ill in late 2009, his income protection benefits started to be paid, but these were not increased by 5% each year, despite what was set out in writing in the summary of benefits attached to the offer letter.

The employer claimed that the incremental increase of 5% had been lawfully withdrawn in 2008, before the employee had applied to take those benefits. The employer attempted to rely on a clause in its Employee Handbook, which set out that it “may from time to time change the benefit provider and vary or amend the extent of the cover or the basis on which it is provided”. However, there was no corresponding wording to this effect in the summary of benefits attached to the offer letter or in the employment contract, which were the documents that really counted when it came to interpreting the contract between the employer and the employee.

It was therefore found that the employer had to pay the value of the 5% increment to the employee going back over a period of two years before he had brought his claim.

What can you do?

So, what is the solution for an employer?

Firstly, if you are drafting an employment contract and you want to make it the most complete document you can, ask yourself this simple question: why?

If you are making a short-term promise or a promise that cannot be kept in your employment contracts, the likelihood is that you will be compelled to meet that promise. Therefore, if you want flexibility in your arrangements with your employees, it is best to look outside of your contractual paperwork.

For example, one thing that was highlighted in the Amdocs Systems case was the importance of employee handbooks and, alongside having one, keeping it in a place where employees know how and where to find it.

If you are writing things in your contracts that you might want to update regularly (or at least more frequently than you would ideally like to be updating your contracts), you might want to consider starting or adapting your employee handbook or staff handbook.

Secondly, if you want more control over the contents your contracts, you need to be clear in them.

Before the Court of Appeal heard the Amdocs Systems case, the Employment Appeal Tribunal had held (and the Court of Appeal later agreed) that limiting an employer’s commitments in their employment contracts must be clearly and directly communicated to the affected employees. If this is not done, the contract will be interpreted in favour of the employee and against the employer.

Therefore, employers can very easily find themselves in tricky situations, even if the original intention behind what they wrote in their contracts was well-meaning.

Next step

If you are concerned that your employment contracts might be landing you in trouble, contact us to learn more about our Fixed Fee Employment Contract Review.

Tenant owes over £35,000 in rent arrears.

Tue, 30 Aug 2022 12:28:35 GMT

We have recently represented a Landlord in rather long and protracted possession proceedings. Not only were the tenants extremely difficult, but throughout the pandemic they had accumulated arrears in excess of £35,000!

The Landlord was frustrated at the process and fed up with the significant arrears. The Landlord was unable to get any response from the tenants so instructed us to deal with his case.

In the midst of the pandemic, the first issue for the Landlord was the longer notice period for the Section 8 notice, which was followed by long delays from the courts due to the backlog created during the pandemic.

Following our instruction we communicated with the tenant and established that she was living in the property on her own with her children - the other tenant (her partner) had vacated. The tenant agreed to vacate the property and offered £5,000 to settle the matter. Although the amount offered was a lot less than the amount owed, the Landlord was relieved to be getting his property back.

The female tenant vacated the property as agreed. However, we then received communication from the previously absent tenant, to say he needed access to the property, and should the Landlord not provide this he would bring a claim for unlawful eviction.

Unlawful eviction claims pose a significant risk to landlords, who must carefully establish that they have vacant possession o before changing the locks at taking back possession of the property. To avoid any risk of a claim against the landlord which would be a costly exercise, we advised the Landlord to allow access and continue to the hearing (already listed) to obtain possession and a money judgment for the balance of the rent arrears.

On the day of the hearing, the tenant attended and argued that he intended to defend the claim. The court adjourned the matter to give the tenant a chance to file and serve a fully particularised defence – another delaying tactic on the part of this tenant. No defence was however received, so we urgently requested that the matter be listed for a possession hearing.

At the possession hearing we were able to secure a money judgment for the full arrears, a daily rate for rent until the eviction went ahead, interest, possession in 14 days, an order that the deposit be released back to the Landlord in full, and the Landlord’s full legal costs. This was a fantastic result following a rather long wait for the Landlord.

Despite the outcome being in the Landlord’s favour, much can still be learned from this case.

1. Referencing: Referencing tenants and in particular checking to ensure their ability to afford the monthly rent separately is crucial.

2. Settlement: At Woodstock we are proactive in assessing opportunity to settle claims throughout. In cases such as this where arrears are significant, we look to avoid costs incurred in the litigation process where possible.

3. Unlawful eviction: Landlords should always seek advice from a legally qualified professional to ensure they are able to take possession of their property without risk of a claim against them.

The next step for this Landlord is to explore the options for enforcement of the money judgment to recover the sums due if the tenant fails to pay the sums to our client as ordered by the court. The baton will be passed to our fantastic debt recovery team who will look at all avenues available and consider the best method to get the money back in our client’s pockets.

This may seem like a daunting task, but the Landlord has 6 years to enforce the debt and there are several options available to recover the money over that period of time.

What could a new prime minister mean for the private rental sector?

Thu, 25 Aug 2022 12:57:47 GMT

How could the rental reforms change if there was a new prime minister?

Now that the UK’s Prime Minister, Boris Johnson, has resigned, a new Conservative Party leader is set to be chosen by September 5th. So, what could this mean for the private rental sector?

Rishi Sunak is one of the many MPs in line to be our next Prime Minister. His approach, described as “common sense Thatcherism”, could dent the tax benefits of landlords who own their portfolio through a limited company.

On the other hand, less funding for local councils could limit their ability to intervene in the rental market. This could then lead to a reduction in the new landlord licensing schemes or limits on short-term rentals.

As a result, this could increase the chances of widespread rental reforms, including the banning of Section 21 evictions, passing through parliament without any changes.

As well as Sunak, we have Liz Truss also in the running to become the UK’s next Prime Minister. Truss is promising “the biggest change in economic policy for 30 years,” cutting taxes and simplifying regulations.

She has pledged to reverse the planned rise in corporation tax, which could provide a boost for limited company landlords.

However, her stance on simplifying regulations could lead to a slowdown of the regulation of the rental market. For example, some of the proposals in the Fairer Renting White Paper could be watered down or scrapped altogether. This could be a big change for landlords, so keep your eyes open for a possible change in the roadmap to reform.

Truss has shared little detail on her plans to review the Bank of England’s mandate, therefore it is hard to predict how landlords could be affected. However, a change to how the Bank of England works could see interest rates rise or fall, which could affect landlords’ buy-to-let mortgage repayments.

The main question landlords have now is what will happen to the Renter Reforms Bill when we elect the new Prime Minister. The government recently published the white paper on rental reforms, which pledged to remove Section 21 evictions, introduce a rental ombudsman, and more. The worry now is what changes (if any) the new Prime Minister will make to this bill. It is unlikely that the bill will be completely scrapped, however, depending on who is elected, could we see measures watered down to favour landlords or will reform progress as expected?

If you are a landlord or agent reading this, it’s essential that you keep up to date with the candidates’ policies and what they could mean for you. Time would also be well spent examining your portfolio to make sure all is in order. Look at the tenancy documents, referencing information, communications on the file, schedule of rental payments, the condition of the property, and issues of disrepair. This will put you in the best possible position to navigate any changes coming our way.

Landlords Moving Back In

Mon, 15 Aug 2022 15:10:21 GMT

It’s not uncommon for landlords to rent their home for a period of time to suit a change in circumstances with the intention of returning to the property in due course. But how can a landlord ensure that they have no problems in regaining possession of their property when that time arises?

If the landlord wishes to return to live in a property that is currently rented under an Assured or Assured Shorthold Tenancy, the first stage is typically to serve a possession notice (i.e. Section 8 notice or Section 21 notice) on the tenant(s) to start the possession procedure should the tenant not comply.

When serving a Section 8 notice, the landlord must rely on grounds under Schedule 2 of the Housing Act 1988 setting out why they need to recover possession of the property. Where the landlord wants to return to the rented property, they may try to rely on Ground 1 under a Section 8 possession notice:

Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground, or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [his, his spouse’s or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.”

As set out above, Ground 1 is restricted and can only be used where the landlord has served prior notice on the tenant(s) before the start of the tenancy, or the court believes it just and equitable to dispense with this requirement.

How can the landlord serve notice?

There is no prescribed notice to serve on the tenant(s) to be able to rely on Ground 1 later, if needed. In most cases, the Tenancy Agreement will include a simple paragraph confirming the landlord's right to rely on Ground 1 if they wish to return to the property.

What happens if no notice has been served?

As set out under Ground 1 under Schedule 2 of the Housing Act, the landlord can serve a Section 8 notice and later make a request to the court to dispense of the requirement to serve notice if not served before the start of the tenancy. However, it is a high bar for the landlord to prove it is just and equitable to dispense of this requirement, and there is a risk the court will dismiss this request and the Section 8 notice if relying on Ground 1 only. This will cause further delays and the landlord would incur additional costs.

If no notice has been served on the tenant, we would advise exploring other options to recover possession, such as a Section 21 notice. But, as the government has put forward proposals to abolish Section 21 notices, it is vital for landlords to protect their position by incorporating adequate terms under their Tenancy Agreements to ensure all grounds under Schedule 2 of the Housing Act can be relied on. This includes providing notice to the tenant before the start of the tenancy to be able to rely on Ground 1.

In addition to abolishing the Section 21 notice, the government has also put forward proposals to introduce new grounds under the Section 8 notice, including:

A new mandatory ground for repeated serious arrears that can be used “where a tenant has been in at least two months’ rent arrears three times within the previous three years, regardless of the arrears balance at hearing.”

A new ground for landlords who wish to sell their property so that the landlord and their family can move into the rental property.

We still await further information regarding the changes to the relevant grounds, and no doubt the devil will be in the detail of the drafting.

Specialist Advice for Landlords from Woodstock Legal Services

We have substantial experience in all types matters relating to advising landlords on their legal obligations and the complexities involved. If you require assistance in drafting a Tenancy Agreement or wish to serve a possession notice to recover possession of your property, please contact Anna Hughes , head of our specialist Landlord & Tenant Team by emailing a.hughes@woodstocklegalservices.co.uk or by completing the form below.

"How do I calculate holiday pay for workers with irregular hours?"

Wed, 03 Aug 2022 11:26:40 GMT

Calculating holiday pay for workers who work irregular hours has been a long-term problem.

Typically, businesses who retain workers on irregular working patterns, such as those who work on a part-year basis (but not necessarily on a part-time basis), zero hours workers and annualised hours workers, have tended to work out their holiday pay as 12.07% of the total hours that they have worked in the year.

However, the Supreme Court’s decision in Harpur Trust v Brazel [2022] UKSC 21 has made it clear that this is wrong.

The case concerned a music teacher retained by a school on a permanent basis on a zero hours’ contract. She was both part-time on the weeks when she did work and also worked for part of the year.

The school paid her holiday pay on the basis of 12.07% of the total hours that she worked across the year, but the Supreme Court held that this was incorrect: a part-year worker was entitled to a week’s pay for each week of holiday taken, just like a full-time, permanent worker.

Clearly, as a result of this decision, many businesses might find themselves in the difficult situation of:-

(1) Understanding how to pay the right amount of holiday pay to a worker who works irregular hours in the future; and

(2) Handling a significant wage bill for underpaid holiday pay (as the past two years of wages from the date of a claim can be examined in an unlawful deduction of wages claim).

What to do now?

If, as a business owner or as an HR specialist, you are experiencing sweating palms whilst reading this, that is understandable.

However, there is positive action that can be taken now to not only limit the damage of past underpayment of holiday pay, but also to prevent further damage from being caused in the future, such as:-

· Redefining how you will pay holiday pay to workers who work irregular hours in the future. As the 12.07% of total hours worked across the year approach is now clearly no longer lawful, then you might wish to look at the approach of calculating holiday pay based on the average pay paid to a worker over the most recent 52 weeks that the worker has actually worked (and discounting those weeks when the worker has not worked).

· Updating your contracts of employment and staff handbooks to reflect the position that you are taking on payment of holiday pay in the future.

· With your payroll provider, calculating what the payment shortfall might be for workers working irregular hours over the past two years between the 12.07% approach and the 52 weeks approach so that you are prepared in case you do receive a claim. Where a shortfall has been identified, you might decide to sit tight and await a possible claim or you might decide to discuss with your workers how that shortfall can be made up to them in their ongoing pay until it has been paid off.

If you are concerned about the position of your holiday pay arrangements for workers who work irregular hours or if you are concerned that your contracts of employment and staff handbooks do not adequately protect you, our employment law specialists are always happy to assist you.

Claiming for loss of rent

Mon, 25 Jul 2022 15:50:27 GMT

Introduction

People may assume that loss of rent is the same as rent arrears, but this is not quite accurate. Rent arrears is rent that was not paid by the tenants whilst they were residing in the property. Loss of rent is rent that the landlord has lost out on whilst their property is vacant due to being uninhabitable.

If your property is deemed uninhabitable due to the act or omission of your tenant, it is both understandable and logical that you would like to recoup these losses from your former tenant. However, this is not always as straight forward as it sounds and there are certain things landlords should bear in mind in the case of this eventuality.

Case study

There have been cases recently whereby landlords have attempted to claim for the loss of rent and have been unsuccessful. One case in particular stands out; In this matter, the landlord wished to claim for loss of rent over the course of a year because the property had been left in disrepair by the tenants, but the landlord had not been able to get the appropriate tradesmen in to do the works in a timely manner due to the Covid-19 pandemic. Therefore the property was left vacant for an extended period of time, causing the landlord a loss of rent.

This element of the claim was not successful for multiple reasons, many of which could have been avoided with proper preparation on part of the landlord. Firstly, the landlord did not obtain a proper independent inventory when letting out the property. This is crucial to show that the damage done to the property rendering it uninhabitable was done during the course of the tenancy, and the doing of the tenant. Without this, no losses for damage can be recovered from the tenant.

Secondly, the landlord failed to show that he had attempted to mitigate his losses. You must show that you are being proactive about your circumstances; In this matter, the landlord should have been able to show that he had contacted multiple tradesmen and attempted to get them into the Property as soon as possible, starting with the most crucial works that would have been necessary to get the property into a habitable state again. You cannot wait around for the most ideal scenario and expect your tenant to foot the bill for all that time wasted.

Thirdly, the landlord then went on to sell the Property without ever re-letting it, and therefore could not show that he ever had the intention of re-letting the property. This meant that there could be no loss of rent because no rent would ever have been received anyway.

Practical tips

It is important to remember that loss of rent can only be recovered from your previous tenant if, but for the previous tenants actions, the property would have been re-let again straight away. Therefore, to claim for loss of rent, you will have to show this. The key pieces of advice we would offer to landlords who may find themselves in this circumstance are:

1. Always obtain an independent inventory and check out report, preferably done by the same company. This is key to easily compare the condition of the property when the tenants took up occupation, to the condition when the tenants vacated.

2. Secondly, always try to mitigate your losses, and document this process. You need to be able to show that you have made reasonable attempts to re-let your property and mitigate the losses you are now claiming from your previous tenant.

Our team of specialists regularly deal with claims for loss of rent and other losses arising from the letting of their property. We are always happy to answer your questions so if you need any help then please get in touch - you may even get some money back in your pocket!

Specialist Construction and Development Team

Wed, 13 Jul 2022 15:23:52 GMT

We are excited to announce that we have a new dedicated team at Woodstock: our development and construction team.

Combining talent and experience from a cross section of services, we’re able to provide a 360-degree approach to all aspects of construction and development both from a contentious and non-contentious perspective, as well as providing you with all related company/commercial support.

This is an important milestone in the Woodstock journey as we continue to expand and diversify our client offerings and one that we’re proud of as it involves the continued growth of our team across this sector.

We’re especially pleased to have Dennis Cuff, one of our consultants, leading the charge on contentious construction, as his arrival brings boundless expertise, particularly in relation to arbitrations and adjudications. His arrival has bolstered and strengthened the Property Litigation team which continues to expand and offer a broader range of services to their clients.

Roger, Clayson, another one of our consultants, has over 30 years’ experience in dealing with the ‘easier’ side of construction law – building contracts, professional team appointments and collateral warranties amongst other things.

If you’d like to know more information about the services we offer or to chat through any particular issues that you may have, please send an email to contact@woodstocklegalservices.co.uk or call us via the button below!

Cuckooing, what does it mean for landlords?

Mon, 11 Jul 2022 14:00:46 GMT

These criminal gangs will single out the vulnerable individual and befriend them, with the purpose of moving into the individual’s house in order to conduct illegal activity from the premises, this can vary from drug use to human trafficking.

This can be a real issue where the vulnerable individual is a tenant as, being a landlord, you will be keen to ensure that, firstly, no illegal activity is carried out inside the property and, secondly, you are aware of exactly who is residing in your property.

Case study: -

There has been a recent incident local to our Poole office, whereby a county lines drug gang singled out a vulnerable female living alone and began using her rented property as a base for drug deals. Due to the tenant’s vulnerable state, the landlords only became aware of this issue when they visited the property to do some routine maintenance. During this visit the landlord noticed that there were multiple people in the property appearing to be under the influence which seemed to unnerve the tenant.

In the following days the landlords received a call from the police to say the tenant had been the victim of cuckooing and therefore had been rehomed out of the area to ensure they were not targeted again.

However, the issues did not stop there for these landlords as when the gang became aware that the property was empty, they then broke in repeatedly to continue using it as their base for conducting drug crimes.

Useful tips: -

1. Know your tenant – Is your tenant living alone? Are they receiving housing benefits? Being alive to these facts means you are more alert to the signs of cuckooing and can act quickly with other local services (police, social services etc) to resolve the problem.

2. Be aware of the position of your property – Is your property in an area that could be targeted by criminal gangs?

3. Physical signs to look out for – Is there any unusual smells coming from the Property? Are there frequent visitors to the property? Are there always different or multiple cars parked outside the property?

If you suspect your tenant has been the victim of cuckooing, it is important to report your suspicions to your local authority at the earliest opportunity. Your local authority will then work with the relevant services in your area to ensure that your tenant is safeguarded.

Carbon Monoxide and Smoke Alarm Regulations

Fri, 01 Jul 2022 08:24:32 GMT

Fire safety should be a priority to landlords – working alarms save lives.

The safety of tenants is paramount but inadequate fire safety can also result in uninhabitable properties, costly time-consuming repairs, and loss of rent for any period the property in unoccupied as a result of a fire.

Current legislation stipulates that private landlords are required to fit one battery operated smoke alarm per storey and a Carbon Monoxide alarm in any room which contains a solid fuel-burning combustion appliance except for gas cookers. Landlords are also expected to make sure that the alarm works as expected at the start of any new tenancy.

The government has released draft legislation which is anticipated to be implemented in October 2022.

The main change for private landlords is the Carbon Monoxide alarm requirement. There is a wider duty to the previous requirement. The New Regulations stipulate that during any period when the premises are occupied under the tenancy, a smoke alarm should be equipped on every storey where there is a room used as living accommodation and a Carbon Monoxide alarm will be required where there is any fitted combustion appliance.

In practice, this means that almost all rental properties (other than those that have entirely electric heating) will need a Carbon Monoxide alarm of some description.

In addition, there is a new provision requiring a landlord to ensure that when a tenant (or a tenant’s nominated representative) reports that an alarm may not be in proper working order, and the alarm is found not to be in proper working order, the alarm must be repaired or replaced. The landlord must carry out the new requirements as soon as reasonably practicable.

Although these Regulations are still in draft, it is very likely that these Regulations will come into force as drafted. Landlords and agents must take action now to identify those properties that need to comply with the new Regulations.

It is imperative that agents/landlords ensure that they conduct regular inspections and maintenance at properties to ensure compliance with fire safety legislation.

If you are unsure of your obligations as a landlord then get in touch and we will be happy to help guide you.

“My tenants burned down my house” – Why a good insurance policy is a must for landlords!

Fri, 24 Jun 2022 11:18:16 GMT

When owning a property, taking out insurance is crucial and it is even more important when you are renting out your property and effectively entrusting it to someone else. If you have a mortgage on the property, it is likely that this is a requirement in any event, however if you are mortgage-free, do not avoid obtaining insurance just because it is an added cost.

We dealt with a case recently where a landlord owned a number of rental properties, and one in particular contained a beautiful stonework fireplace with a cast iron wood burner. After months of living in the property with no problems, the tenants made a serious mistake: they lit the fire and then forgot about it!

They went out for the day, and it is fairly obvious what happened next. There was a serious fire in the property with devastating consequences. Thankfully no one was home at the time of the fire, and no one was harmed, but the landlord was left in a position where not only had his property been destroyed, but he was also responsible for providing suitable alternative accommodation for the tenants until the repairs have been undertaken – something which could take several months.

On a more positive note, this particular landlord was insured for such an eventuality, and the thousands of pounds worth of damage was covered by the insurers for a modest excess fee. The repairs and redecoration took place quite swiftly, and the tenants were able to move back into the property after only a few months.

But what would have happened if the landlord hadn’t been insured? Not only would the damage to his property have cost him an excessive amount of money, but he would also be responsible for providing accommodation to the tenants until the property was restored – tenants who themselves had lost everything in a devastating fire and may not be in a position to continue to pay rent for a period of time.

Potentially, this expense could result in a landlord having to sell the property altogether.

Remember, this is just one example, and fire is not the only risk. There are other issues that can arise with a property such as subsidence or, as we have just been reminded with the huge storms in the UK, weather damage. When renting a property, landlords have a duty to ensure that the property is fit for purpose, so these issues need addressing immediately and, without insurance, landlords could end up having to find a large sum of money with little notice.

if you need help navigating any similar issues with your tenants then feel free to give us a call and we will happily work with you to achieve a solution.

Enforcing a Debt - getting the money back in your pocket!

Fri, 17 Jun 2022 14:52:27 GMT

When you have obtained your court judgment and it has not been paid as ordered by the court, it will be down to you to enforce payment. There are several ways in which the court can enforce judgment, but you must take the initiative. Enforcement of judgment does not happen automatically, and the court will do nothing unless asked.

There are various options and enforcement methods open to you. Sometimes the best option will be obvious. For example, if your judgment debtor owns a house and property, you may go for a charging order or a warrant of control to send in the bailiffs. If the debtor is in regular employment, you may go for an attachment of earnings order. Each method has it's own place, benefits and risks.

High Court Enforcement (debt over £600) or County Court Bailiff (debt under £600)

Court enforcement is a very popular method of enforcing a judgment debt because it can be done relatively quickly. The High Court would issue a writ of control, and the county court, a warrant of control, which commands an enforcement officer to seize and sell a debtor's goods, provided they are not exempt goods and do not belong to a third party. Obviously, this method depends on the judgment debtor having goods of sufficient value. The enforcement officers can also take payment in full or take payment by instalments (subject to agreement with you) which in reality is what usually happens.

Attachment of Earnings Order

This is a very effective method of enforcement but can only be used where a judgment debtor is in regular employment.

The process is fairly straightforward (although t can take some time to process through the courts) but the end result is that the debtor’s employer is ordered to deduct money from the debtor’s wages and send the money to the court.

Here is an example of how it works:

The court fixes a protected earnings rate of £200 a week and a normal deduction rate of £25 a week. If the debtor earns £250 in one week, then the full deduction of £25 must be paid and the debtor will take home £225. However, if in this week he only earns £210, the amount to be paid to the court will be £10 and the amount of £200 is safeguarded.

Charging Order

A charging order is a way of securing a judgment debt by imposing a charge over a judgment debtor's beneficial interest in land, securities, or certain other assets - usually a property. The charge prevents the debtor from selling the property without first paying what is owed to the creditor if there is enough equity after payment of prior creditors - such as the lender if there is a mortgage.

Note that an application for a charging order calls for the court to exercise discretion, and it will be looking to see that enforcement by this method is proportionate. A charging order is most effective when there is substantial equity in a property and the debtor is the sole owner.

The process for obtaining a charging order can be slow, and a charging order itself does not realise funds to satisfy a judgment debt. That requires a sale of the property, which does not automatically flow from obtaining a charging order. The judgment creditor has to apply subsequently for an order for sale of the property, or simply await its sale in due course by the owners.

Third-party Charging (previously known as a Garnishee Order)

This is an order requiring a third party to pay a debt to the judgement creditor from money otherwise owed to the debtor. It is made without notice to the debtor, as clearly otherwise he would move his money on.

The Court can order that a debtor’s money held in a bank or building society account be paid directly to you in payment of your judgement debt. Clearly the order will be ineffective unless there is actually money in the debtor’s bank at the time the bank receives the order, and it is necessary to have the debtor’s bank details to apply for the order.

Which method?

We always review the prospects of successful recovery for our client's and advice them on the best option for enforcement drawing on our years of experience.

If you have a judgment that has not yet been paid then please feel free to contact us and we will be happy to look at the options available to get the money back in your pocket where it belongs.

Obtaining Possession of a Property After the Death of a Tenant

Tue, 31 May 2022 19:10:43 GMT

It comes as quite a shock to many landlords that should your tenant sadly die whilst occupying your property under an Assured Shorthold Tenancy, the agreement does not automatically come to an end.

If the tenancy is in joint names the living tenant will acquire the deceased tenant’s share of the property.

But what happens of there is one sole tenant, the landlord will no doubt want to try and recover possession as quickly as possible. We always recommend that the landlord step taken by the landlord is to establish whether there are any Personal Representatives acting on behalf of the tenant’s Estate and make contact. Often they will also want to bring the tenant to an end and a mutual agreement to end the tenancy can be reached. As a word of caution, landlords are always advised to review any paperwork to ensure that that person has authority to act on behalf of the deceased’s Estate.

Usually any Personal Representatives will co-operate to agree to possession to prevent any further liability for the Estate of the deceased tenant, however in the event that they decide not to hand back possession of the property the situation can become more complicated.

Notice will need to be served on the Personal Representatives and there are different notices depending on the circumstances of occupation. Landlords should always seek legal advice to ensure the correct notice is served and avoid any delays or wasted costs.

What happens if there are no personal representatives?

If there isn’t anyone to deal with the administration of the tenant’s Estate the tenancy will be transferred temporarily to the Public Trustee. The Public Trustee is an independent official body that acts if there is no will or no named executor. A notice can then be served on the Public Trustee to end the tenancy.

The Notice served on the Public Trustee is purely for administrative purposes, the vesting of the tenancy does not transfer any of the tenancy obligations such as paying the rent to the Public Trustee.

If you receive this sad news take action

- Do not make the mistake of assuming the tenancy comes to an automatic end.

- It is important for a landlord to contact the tenant’s next of kin immediately. Please keep this information on the file readily available in case it is ever needed.

- Ensure that any person you are dealing with has authority to act on behalf of the Estate – consult a solicitor with the necessary paperwork.

- If a tenant falls behind on rent contact them immediately – sadly sometimes a change of financial circumstances is not the only reason a tenant has stopped paying.

Interim Possession Orders (“IPO”): Useful tool or a false economy?

Thu, 19 May 2022 09:17:52 GMT

We’re increasingly being asked by many clients whether they should proceed with an IPO or straightforward possession order when dealing with squatters/trespassers. Their initial thoughts are often that an IPO is quicker and cheaper, but from our vast experience we’d argue it’s quite the opposite.

What exactly is an IPO?

An IPO allows a landowner to temporarily remove trespassers from their land pending a full court hearing. If, at that hearing, the court agrees the occupiers are trespassing then the order is made permanent. However, IPOs are only available if you fulfil all o f the following:

You must have an immediate right to possession of the premises;
The affected premises must be either a building, part of a building, or land ancillary to a building – not open land;
The occupiers cannot be former tenants/licensees of the premises; and
You must make the claim within 28 days of the date you became aware of the occupation.

A hearing date will be set, and notice must be given to the squatters within 24 hours of receipt of the documents. At that hearing, the Judge will consider whether the conditions of the IPO have been satisfied. If the IPO is granted, it must be served within 48 hours of sealing. If the squatters don’t leave within 24 hours or they return within 12 months, they are committing a criminal offence which can attract a prison sentence.

Limitations

Frustratingly, until the final hearing the IPO can only be enforced by the police, not by civil enforcement agents. The police have discretion as to whether to take action and cannot be compelled to assist. One of the main problems we are experiencing is the reluctance of the police to get involved. If this is the case, then the landowner is left in the difficult position; they’ve incurred the cost of obtaining an IPO and, if the squatters refuse to leave and the police refuse to intervene, they cannot do anything until after they’ve incurred the additional time and expense of obtaining a final possession order.

Unfortunately this means incurring the cost of an additional hearing (which you would ordinarily avoid with a standard possession claim) as well as arranging service of the final possession order (another additional cost for proceeding with IPO). It is only at this point that an enforcement agent can be instructed to carry out the eviction (whom we always advise using, given the significant delays if seeking to use county court bailiffs).

Our experience suggests that seeking an IPO is often more expensive for clients, riskier and, unless you have the co-operation of the police, will be more time-consuming and complicated than if you’d just proceeded with the standard trespass possession route.

Our team have years of experience under their belt dealing with trespass/squatter claims. We have developed streamline processes offer our client's fixed fees. We have developed great relationships with the best enforcement agents we know so can offer a 360-degree approach, including post eviction services - what exactly should you do once you have possession...

We work for a number of law firms who refer this specific type of work to us, and work in conjunction with them to facilitate vacant possession for their clients – just the type of collaborative working which Woodstock Legal Services stands for.

If you’d like further information on IPOs or trespass possession proceedings, either as a landowner or as a solicitor looking to instruct us on that specific point, please contact Simone Ritchie, Property Litigation Solicitor, on either 0330 055 2785 or s.ritchie@woodstocklegalservices.co.uk

Levelling Up

Wed, 11 May 2022 08:32:27 GMT

The Levelling Up Secretary, Michael Gove, has released the government’s Levelling Up White Paper. The White Paper represents a long-term plan to transform the UK and to create more equal opportunities to “change the economic geography of the country”.

What is the Government levelling up white paper?

This paper includes 12 national missions which are to be achieved by 2030 and will become part of legislation in a Levelling up and Regeneration Bill. The purpose of the missions is to boost pay and productivity, spread opportunities and improve public services, restore local pride and empower local leaders.

The 12 bold missions to be achieved by 2030 are set out below:

1. Pay, employment and productivity will have risen in every area of the UK, with each area containing a globally competitive city, and the gap between the top performing and other areas closing.

2. Domestic public investment in Research & Development outside the Greater South East will increase by at least 40%, and at least one third over the Spending Review period. The additional government funding seeks to leverage at least twice as much private sector investment over the long term to stimulate innovation and productivity growth.

3. Local public transport connectivity across the country will be significantly closer to the standards of London, with improved services, simpler fares and integrated ticketing.

4. The UK will have nationwide gigabit-capable broadband and 4G coverage, with 5G coverage for the majority of the population.

5. The number of primary school children achieving the expected standard in reading, writing and maths will have significantly increased. In England, this will mean 90% of children will achieve the expected standard, and the percentage of children meeting the expected standard in the worst performing areas will have increased by over a third.

6. The number of people successfully completing high-quality skills training will have significantly increased in every area of the UK. In England, this will lead to 200,000 more people successfully completing high-quality skills training annually, driven by 80,000 more people completing courses in the lowest skilled areas.

7. The gap in Healthy Life Expectancy (HLE) between local areas where it is highest and lowest will have narrowed, and by 2035 HLE will rise by 5 years.

8. Well-being will have improved in every area of the UK, with the gap between top performing and other areas closing.

9. Pride in place, such as people’s satisfaction with their town centre and engagement in local culture and community, will have risen in every area of the UK, with the gap between the top performing and other areas closing.

10. Renters will have a secure path to ownership with the number of first-time buyers increasing in all areas; and the government’s ambition is for the number of non-decent rented homes to have fallen by 50%, with the biggest improvements in the lowest performing areas.

11. Homicide, serious violence, and neighbourhood crime will have fallen, focused on the worst-affected areas.

12. Every part of England that wants one will have a devolution deal with powers at or approaching the highest level of devolution and a simplified, long-term funding settlement.

How does the White Paper impact the private rented sector?

As part of the policy the government will announce a plan that all homes in the Private Rented Sector will have to meet a minimum standard - the Decent Homes Standard.

The government paper also states that other measures will also be brought forward to “reset the relationship between landlords and tenants”. Section 21 ‘no fault’ evictions will be abolished. The Government will consult on introducing a landlords register, and will set out plans for a crackdown on rogue landlords. These proposals will be outlined in more detail in the spring Rental Reform White Paper.

The announcement that section 21 Notices were to be abolished was made some time ago and further details seem to be delayed once again until spring. It is fundamental that the Government gets this legislation right to protect landlords. Landlords very rarely evict a tenant without a good reason to do so, for example selling a property or the tenant being in rent arrears. If the rental market saturates, renters will end up with less choice and this could drive rents up. Landlords need the confidence that the private rental sector is a good place to invest, and they have the ability to safely protect their asset and efficiently remove tenants where they have a legitimate reason do so.

As we know the law change is on the horizon, landlords and agents are advised to take action now to review their portfolios and ensure they are happy with all current tenants. If any tenants are problematic, then landlords may want to consider issuing notice and also collating any evidence for anti social behaviour tenants.

Landlords must ensure these notices are valid, we regularly see notices thrown out of court on a small technicality which has incredibly large consequences. It would be particularly disastrous if a landlord has issued notice, finds out it is invalid and then the law changes in the meantime scrapping s21s and prevent a landlord from issuing another section 21 notice.

We recommend all notices are checked to ensure validity to prevent a landlord missing the boat. We offer a notice checking service to confirm validity for any landlords or agents that have concerns and want peace of mind their notices are valid. Please do not hesitate to contact us for further assistance.

Debt Settlements

Tue, 26 Apr 2022 13:13:48 GMT

Here are a couple of interesting cases we have been working on that have resulted in successful settlements being achieved for our clients.

Case One

We have been working with a well-known letting agent, helping them recover rent arrears on multiple matters. We had five landlords who were all owed significant arrears from the same debtor.

The letting agent had attempted to contact the debtor to try to recover the debts in the past but was ignored or had the phone put down on them. Well drafted clear and concise letters before action (LBA) were sent out, stating the amount owed and consequences of non-payment. This was followed up a few days later with an email with attaching the LBA, and then followed by a phone call.

When I called, I was passed to the company director who was trying to reduce the debt by saying they had sublet these properties out and they had never received the rent. I quickly explained that this was their own agreement with their tenants, and our client needed to be paid regardless of that separate agreement.

Shortly afterwards, the debtor requested bank details in order to make payment and paid the debt in full a couple of days later.

This was a great result for the landlords and the letting agent who had been chasing these debts unsuccessfully for some time.

Case Two

After recently gaining possession of a property and obtaining a possession order with a money judgment, this matter was referred over to our Debt Recovery team to work their magic. We already had a judgment so we quickly traced the debtor so we could look to enforce the judgment.

Once we had all the information we needed from the client a trace was instructed and, only a couple of weeks later, we had a positive trace for a new address. As soon as this trace was sent to us, we sent out a pre-enforcement letter which explained to the debtor that we had a judgment, and we would look to enforce if payment was not made.

We sent this letter to see if we could recover without incurring the additional time and costs of official enforcement methods. It worked! A few days later, the debtor got in touch and offered to pay by instalments over a set period,. The client accepted, extremely happy as they didn’t believe they would ever get their money back and certainly not so quickly.

Each case is different and it takes years of experience to know when to settle and when to push for more.

If you are owed money then feel free to contact me and I will be more than happy to discuss your options for recovery.

Buying a Property with Tenants In Situ – What you need to check

Wed, 06 Apr 2022 13:45:49 GMT

There are plenty of Pros and Cons to buying a property with a tenant in situ, but problems can occur when looking to progress through the eviction process if you don’t have all your ducks in a row.

Tenancy Agreements

Of course, to have a tenant, usually you will have a written tenancy agreement. The seller or the seller’s letting agent should be able to provide a copy of the tenancy agreement during the conveyancing process. The tenancy agreement will remain valid after the sale and it will include details you will need should you need to evict the tenant at a later date.

The issue that presents itself here is the date the tenant moved in. A tenant has different rights depending on the date the tenancy began, which is hard to determine without the written agreement (and a helpful tenant).

If a tenancy is created on or after 15 January 1989 and before 28 February 1997, it will be an assured tenancy; unless a notice was served confirming the tenancy would be an assured shorthold tenancy (section 20 notice).

An assured tenant has more security than an assured shorthold tenant, which means an assured tenant is more difficult to evict as there are only certain circumstances you can serve notice. A section 21 Notice ("no fault" eviction notice), for example, cannot be issued for an assured tenancy.

Therefore, it is very important that if a landlord is unable to obtain a copy of the tenancy agreement, they at least obtain confirmation of the date the tenant moved in to try and ascertain the type of tenancy and the rights the tenant has. If any section 20 Notice has been sent then a copy of this notice must be reviewed before completion takes place to ensure it is valid.

Deposit

The transfer of the deposit is something that a conveyancing solicitor and/or your lettings agent can handle during the conveyancing process. A copy of the original Prescribed Information is crucial together with a Deposit Protection Certificate to prove the deposit has been registered and transferred correctly. Not having these documents can cause problems should you wish to evict the tenant at a later date and may risk you being liable for a penalty payable to the tenant of of 1-3x the deposit plus the return of the deposit.

Prescribed Requirements – EPCS and Gas Safety

A Section 21 Notice will be invalid if the landlord is breach of the ‘prescribed requirements’. A potential buyer will there need to obtain copies of the following to ensure the landlord has complied with these requirements:

Energy Performance Certificate

All gas safety certificates from the start of the tenancy – we’ve had cases where our client's have purchased property with a tenant in situ but has not obtained a copy of the gas safety certificate from the start of the tenancy. The landlord has then faced difficulty trying to evict the tenant.

Confirmation that the How to Rent Guide has been sent to the tenant and that the version served was the correct version at that time.

If any documents are missing this could impact the sale price of the property, particularly if the tenant has greater security or may prove difficult to evict.

If you need to evict a tenant where the property was purchased with the tenant In situ, or are looking to buy or sell a property with a tenant in situ, we strongly advise that you ask an experienced residential landlord and tenant specialist to review the tenancy paperwork in full.

If you have any questions on the above then please feel free to contact our residential landlord and tenant team who will be more than happy to assist.

Government scheme to help Ukrainians fleeing the Russian invasion open for applications.

Fri, 01 Apr 2022 09:09:27 GMT

Anyone in the UK (of any nationality and any immigration status providing they have at least six months leave to remain in the UK) with a spare room, or separate self-contained accommodation that is unoccupied can open their home to Ukrainians fleeing the Russian invasion.

Accommodation must be available for at least 6 months , be fit for people to live in, and suitable for the number of people to be accommodated. Phase One of the scheme opened from Friday 18 March for visa applications from Ukrainians who have named people willing to sponsor them. Sponsors will receive a £350 a month ‘thank you’ payment.

Anyone offering an empty property to the scheme will not be able to charge rent. The £350 thank you payment also cannot be used to top up any rent.

Of course providing this scheme is important to help refugees as much as we can, however it has also inevitably throw up some concerns for landlords.

Can tenants take part?

Yes a tenant can be a sponsor but tenants will need to obtain a landlord’s consent to take part. As part of the sponsorship process, it is likely that it will be checked that a landlord has provided their consent.

The accommodation must be fit to live in and large enough for the number of people so there are no issues with overcrowding. It is likely that landlords and tenants will need to pass eligibility checks which includes a home visit.

If a tenant or landlord wants to take part in the scheme a landlord will need to check:

- with their freeholder and a review must be carried out of the lease to check there are no breaches

- with their mortgage provider if the mortgage terms require consent of the lender

- with their insurance company whether they’ve got any policies which need to be factored in. Homeowners accommodating Ukrainian nationals do not need to contact their insurers on the basis that they are accommodated as non-paying guest.

- whether the property becomes a HMO and requires a licence

Right to rent compliance?

People arriving in the UK under the scheme will be given three years' immigration permission . All t hose from Ukraine coming to the country under the scheme will be able to apply for benefits and to seek and take up employment.

It is unclear what right to rent checks are required and what documents are to be provided. We expect further guidance to be released from the Government on the right to checks and how this is applied to Ukrainian refugees.

Usually if a tenant sub-lets, it is their responsibility to carry out the right to rent checks on additional occupiers.

The prospects of local authority enforcement are likely to be quite low but it is definitely something that should be on the radar.

What about when the 6 months ends?

Sponsors may choose to continue beyond the initial six months.

Ukrainian people on this scheme have access to public funds during their time in the UK, and at the end of their sponsorship will be able to rent a property like anyone else. If they need further support, the local authority can support them in finding alternative accommodation.

If sponsorship needs to end early due to a change of circumstances then the local authority should be informed as soon as possible.

What about my council tax discount?

Council tax discounts will not be affected for hosting Ukrainian households.

What else needs to be considered?

Consideration must be given whether taking part in the sponsorship programme inadvertently creates a tenancy of a property. For example, if an owner lets a property as a whole house, the Ukrainian nationals could end up with a tenancy and could have certain rights when it comes to wanting possession of the property.

In a tenant takes part in the scheme, the Ukrainian national may just be a lodger of the tenant and a permitted occupier in the property.

The Government has not yet provided clarification on tenancy rights and landlords will no doubt be eager to find out their rights to ensure they are sufficiently protected. It is recommended to seek legal advice if a tenant is seeking to take part in the scheme.

The end of the forfeiture moratorium is nigh (well, 26 March 2022) – what options do Landlords now have?

Fri, 25 Mar 2022 09:40:51 GMT

For those who have been eagerly watching and waiting for the implementation of the Commercial Rent (Coronavirus) Act (the “Act”) and the lifting of the forfeiture moratorium, D Day is rapidly approaching.

We’re all aware that the Act will introduce a new arbitration scheme to deal with protected rent – but what about arrears that fall outside of the ringfenced protected debt?

We’ve been acting for a lot of Landlords with precisely this type of arrears and everyone’s keen to understand what their options are.

Lifting of restrictions

On 26 March 2022 exercising rights to forfeit will, once again, be an option for landlords. There are no COVID-related restrictions on exercising the Commercial Rent Arrears Recovery (“CRAR”) procedure as the blanket moratorium on those enforcement options brought in originally by the Coronavirus Act 2020 (the “CA 2020”) will have lifted on 25 March 2022.

The restrictions on presenting winding-up petitions will also be lifted on 31 March 2022, giving Landlords additional options.

It‘s anticipated that the Act will be in force by 25 March 2022 and therefore the above restrictions, and others (including issuing debt proceedings and drawing down against rent deposits), will apply where the debt is considered to satisfy the Protected Rent Debt (“PRD”) definition under the Act. This broadly relates to the period 21 March 2020 - 18 July 2021 in England. The restrictions introduced by the Act will apply during a moratorium period which ends either 6 months from the Act coming into force or, where the matter is referred to arbitration, on the conclusion of the arbitration (the “Moratorium Period”).

What can landlords do now in relation to non-PRD?

The landlord now has the choice of taking action to recover the arrears and/or terminate the tenancy under any forfeiture provision.

Forfeiture options:

The normal restrictions on forfeiture will apply, i.e. the landlord will need to ensure that it does not waive the right to forfeit when the remedy becomes available to it again.

The CA 2020 stated at section 82(2) that no action by a landlord during the blanket moratorium, other than an express waiver in writing, amounts to waiver of the right to forfeit in relation to the rent arrears. However, anything done after 25 March (incidentally the March quarter day) could act as a waiver. One could adopt a belt-and-braces approach and take no action until the right to forfeit arises in respect of the March quarter and then forfeit (when this occurs will depend on the wording of the forfeiture clause in the lease).

Where a tenant is in arrears and part of those arrears are PRD, the landlord will need to ensure it is very clear upon what debt it is exercising its right to forfeit.

CRAR options:

Although CRAR has technically been available to landlords throughout the pandemic, since 24 June 2021 the minimum amount has been a sum equal to 554 days’ rent (the equivalent of rent accrued since the start of the pandemic up to the September 2021 quarter). Thankfully, from 25 March 2022, the minimum outstanding amounts required before a landlord can exercise CRAR reverts back to the equivalent of 7 days’ rent. This makes CRAR once again a feasible option for consideration.

It also means that landlords are able to serve a notice pursuant to Section 81 of the Tribunal, Courts and Enforcement Act 2007 on the subtenant, requiring them to pay its rent directly to the superior landlord rather than to its own landlord until the immediate tenant’s arrears have been satisfied. The restrictions had prevented this from being utilised, but now will also be lifted.

Just beware however that exercising CRAR will waive a landlord’s right to forfeit in relation to pre-existing breaches.

Court proceedings:

The Act contains provisions which apply a stay to debt proceedings issued on or after 10 November 2021 where the whole or part of the sums sought are PRD. Once in force, it means that landlords won’t be able to pursue the tenant for the PRD through the court during the Moratorium Period.

If however there is a mix of PRD and non-PRD in place, the landlord has the following options:

commence proceedings only for the unprotected rent debt (potentially amending the proceedings once the Moratorium Period has expired or to reflect the PRD as varied by any arbitration award – this would be preferable to commencing two sets of proceedings and incurring the associated court fees)
commence proceedings for the whole of the arrears and risk the court striking out proceedings (at least in part)
simply wait until the Moratorium Period has passed and commence proceedings for the whole of the debt (as varied by any arbitration award) at that point.

Winding-up options:

There are no restrictions on serving a statutory demand on a tenant in relation to any rent debts before 1 April 2022 but no winding-up petitions can be presented following service of such demand until, at the earliest, 1 April 2022 (and that is on the assumption that the rent is unprotected rent debt).

A landlord could tactically serve a statutory demand only in relation to unprotected rent debt and, if the sums remain unpaid after the 21-day period has elapsed, use this as the basis for presenting a winding-up petition.

Tenant deposit:

There have been no restrictions on drawing down a deposit to offset against rent arrears. A landlord could therefore draw down against a rent deposit and, if the tenant fails to top it up in accordance with the terms of the deposit deed, they can enforce once the restrictions have been lifted. Although the Act changes this, it’s only in relation to PRD.

From a cashflow perspective, Landlords may consider drawing down against rent deposits before the Act comes into force where the debt is PRD. However, the drawn-down amounts may still form part of an arbitrator’s determination and the landlord will not be able to insist on the tenant topping up.

So what are the key practical considerations to be aware of?

Be mindful that when dealing with PRD and non-PRD, different rules and restrictions apply.
Mediation could be really effective, especially when dealing with both PRD and non-PRD. This is especially so when parties are concerned about commercially-sensitive or confidential information being shared publicly (i.e. through the Arbitration scheme).
If there are both PRD and non-PRD, consider exploring settlement on the whole of the rent debt – it ties up loose ends and allows the parties to move forward.
There’s an apportionment provision within the Act which means that if a landlord is owed both PRD and non-PRD, the non-PRD is paid first, then it goes to the PRD. If however the tenant has specifically tendered the money to pay a certain part of the arrears, it has to be applied to that specific one.
Given the 6-month moratorium under the Act, a landlord may decide to wait and see whether a tenant will refer the matter to arbitration under the Act. If it doesn’t, all the enforcement options become available, and it can be treated as just one debt.

For more info, contact Simone Ritchie on 0330 0552 785 or s.ritchie@woodstocklegalservices.co.uk

Love thy neighbour...really??

Thu, 03 Mar 2022 16:18:21 GMT

For the first time in 30 years (which is a testament to the drafting of the legislation), we have a High Court case relating to the Access to the Neighbouring Land Act 1992, Prime London Holdings 11 Limited v Thurloe Lodge Limited [2022] EWHC 303 (Ch).

An application has never come before the High Court, and I would suggest that’s because most neighbours manage to resolve access between themselves without litigating on the matter. However, this particular case deals with ‘super prime’ London re-developments worth £50m - £75m and therefore litigation risks and costs may not have been such an issue as would otherwise be the case.

In my opinion, the Act often proves a useful and balanced legal tool to address a practical and everyday problem: can you access a neighbour’s land when you need to do work to your own property?

Often ‘common-sense’, and significant legal costs, mean that the owner (A) who needs to do the work and the owner (B) whose land needs to be accessed agree a temporary licence to facilitate A’s access. This often addresses any legitimate concerns of B and tries to resolve them. This may also include a payment, to reflect the ‘inconvenience’ or a ‘goodwill gesture’.

If, on rare occasions, the parties can’t agree then the Act allows A to apply to the County Court for an order giving them access to B’s property.

In this case, Prime London (A) wanted to carry out rendering works (they said re-rendering works) to a flank wall of their building and claimed that they needed access to Thurloe Lodge’s (B) property to do so. Thurloe Lodge refused access and Prime London made an application under the Act. Of relevance is the fact that Thurloe Lodge was also carrying out works to their building.

The judgment has set out very clearly the five questions a court – and therefore the parties – should consider when contemplating pursuing litigation. This is incredibly helpful for the parties and allows us to assess the merits of the claim and prospects of success against the backdrop of the questions the court will consider, as well as how a court should exercise its powers in arriving at the necessary answers.

5 Questions to consider:

Question 1: Are the works reasonably necessary for the preservation of the whole or any part of the claimant's land?

Question 2: Would it be impossible, or substantially more difficult, to carry out the works without entry to the other land?

Question 3. If the order is granted, would the respondent (i.e. the Defendant in this case) or any other person suffer interference with, or disturbance of, his use or enjoyment of the servient land?

Question 4. If the order is granted, would the respondent or any other person occupying the land suffer hardship?

Question 5. Would the interference, disturbance or hardship occasioned by reason of the entry onto the land occur to such a degree that it would be unreasonable for the court to make the order?

Here, the re-rendering and repainting of the exterior wall was considered reasonably necessary; the layout of the two building sites meant that access to Thurloe Lodge’s land was the most practical way of carrying out that work. The Judge decided that ‘hardship’ was a high threshold to meet and could potentially be compensated financially, and that the court should take a rounded view of balancing the potential hardship against the necessity of the works.

The Judge stressed that the conduct of the parties is relevant. Prime London had been constructive in their approach to the Thurloe Lodge, whilst Thurloe Lodge sought to ‘find problems rather than solutions’. The Judge stated that such a strategy can have cost implications and may lose the sympathy of the court.

The Judge also set out useful guidance as to how ‘consideration’ or a ‘licence fee’ for access can be calculated (thousands not millions of pounds!).

In his concluding remarks, the Judge was clear to point out that "If this case has proven anything, it has proven that the Biblical precept to "love thy neighbour" is one that owners of neighbouring properties would do well to abide by”.

Slightly idealistic perhaps, but a useful lesson for all before embarking in litigation.

So where does this leave us?

· Obviously, each case is fact-sensitive, but it does indicate that it may be relatively easy for a claimant to show that the proposed works are reasonably necessary.

Whether a defendant would suffer hardship should be assessed in light of the court’s (and the parties’) ability to mitigate that hardship. The court’s wide discretionary powers may render this a high hurdle for a defendant to overcome.

Whether it would be unreasonable for the court to make the order is key. It will come down to the extent of the hardship to the defendant against the detriment caused to the claimant in the event the application was refused.

If you have any questions or queries in relation to the above, or you are contemplating relying upon the Act for access to your neighbour’s land and require tactical advice (or to oppose such an application), please contact Simone Ritchie on s.ritchie@woodstocklegalservices.co.uk

Effective Squatter Eviction

Mon, 14 Feb 2022 14:18:49 GMT

A fantastic result in just four days!

We have recently had a great result in a squatter claim regarding a large commercial property in prime central London, giving us a perfect opportunity to share this good news story and highlight an area of work in which we specialise.

We were instructed in relation to a large commercial space and worked closely with a trusted set of bailiffs in order to start immediately progressing matters for the client. We are fully aware of how stressful and time-consuming the process is, especially where there’s a high risk of damage being undertaken to the property.

Within 24 hours of being instructed, we had written to the squatter on the Friday demanding they leave by the Monday, which was personally served by our bailiffs and allowed them to scope out the situation and assess the risk. By Monday it was established that the squatters wouldn’t leave, so we drafted proceedings and managed to successfully have them issued by the court on the same day. The hearing was listed on the next Friday – only 4 days later – whereupon we obtained an order for possession forthwith, with permission granted to transfer the matter to the High Court.

This was critical as it allowed the bailiffs to obtain the Writ for enforcement ASAP. This took place within days and vacant possession was obtained. The result was a delighted client!

We work closely with bailiffs to provide a 360-degree approach from the initial instruction to post-eviction matters, including clean-up and ongoing security. The client knows that every aspect is covered between Woodstock and the bailiffs, and there is full transparency on costs with fixed fees being offered.

Garry McHugh of GM London stated in respect of Simone Ritchie:

“I would like to thank yourself, Mick, and Ingram Associates who have been very professional and responsive from the outset; the costs and process were made very clear, and we were fully updated along the way.

The advice we were given was great and we would have no problem recommending the whole team involved to anyone.”

NORTHWOOD SOLIHULL -V- FEARN 2022 – The Court of Appeal clarifies the position on Prescribed Information and serving section 8 notices

Thu, 27 Jan 2022 15:34:50 GMT

As many would agree, the last couple of years have been tough for Landlords with the Coronavirus Act 2020, stay on evictions and the various different changes to housing law. The judgement handed down by the EWCA on Wednesday afternoon should bring a massive sigh of relief to private Landlords.

The Court of Appeal met for the second time to decide on:

a. What the correct way is for deposit prescribed information to be signed by a landlord who is a company

b. What the correct way is for a section 8 notice to be signed by a landlord who is a company

In summary the Court of Appeal held that:

a. Possession notices and prescribed information can be signed by an authorised individual on behalf of a corporate Landlord or agent.

b. These documents can be signed in accordance with section 44 of the Companies Act 2006.

c. Non-compliance with the above, or other relevant statutory requirements, does not necessarily invalidate the document and the effect of non-compliance will depend on the specific facts of the case.

The Northwood Solihull case:

In this case the Landlord brought a possession claim based on a section 8 notice served by them on the ground of rent arrears. The Tenant counterclaimed for damages for a failure by the Landlord to provide a valid prescribed information certificate.

Both the section 8 notice and the deposit certificate were signed by the Landlord’s company, namely by a company director or a property manager.

The Tenant’s argued that the only way for a company to validly sign these documents was in accordance with section 44 of the Companies Act 2006, i.e. signed by two directors or one director in the presence of a witness. If the Tenant was deemed correct, it would mean that every possession notice and certificate would have to be signed by at least one director and a witness.

The Landlord argued that the documents did not require the level of formality intended by section 44 of the Companies Act. The Landlord’s case was that common law agency principles applied and that a properly authorised individual was fully capable of validly signing these documents on behalf of the Landlord. The Landlord appealed, and in this first appeal Mr Justice Saini held that the section 8 notice was valid, however the prescribed information certificate was not.

In this second appeal the Tenant argued against the validity of the section 8 notice and the Landlord cross-appealed on the invalidity of the prescribed information document.

Decision:

The EWCA agreed with the Landlord. They found that the certificate could be signed by a person acting on behalf of the Landlord. The section 8 notice was also deemed valid and capable of being signed and served by an agent on behalf of the Landlord. Lord Justice Lewison considered the consequences of non-compliance and found that non-compliance would not invalidate these documents.

In light of the looming Renters Reform Bill haunting private Landlord’s who are waiting to see when this will come into effect, this decision allows many to bring possession proceedings a lot more easily, some might say levelling the playing field a little.

Here we go again… Wales extend the six months’ notice requirement

Thu, 13 Jan 2022 16:33:32 GMT

Due to Covid-19 legislation, landlords in Wales must give tenants six months’ notice prior to an eviction, unless the notice relates to anti-social behaviour or domestic violence.

Although the increased notice period requirement was expected to expire on 31 ^st December 2021, the Welsh government extended the six months’ notice period requirement until 24 ^th March 2022.

This was a shock for many landlords in Wales who were no doubt hoping the Welsh Government would adopt a similar relaxed approach taken by the English Government and return to pre-covid notice periods.

If you are familiar with the different eviction processes in England and Wales, including the strict requirements imposed on rented properties in England due to the Deregulation Act and Tenant Fees Act, the now relaxed approach adopted by the English Government will be unfamiliar territory. Interestingly, there is no reason why the Welsh Government cannot relax the rules since the number of new covid cases is higher in England than in Wales.

While landlords in England take advantage of the relaxation to the rules, we will keep you updated on the Welsh eviction process and hope the increased notice requirement expires on 24 ^th March 2022. For more information and updates, please see our other articles by clicking on the following link: https://www.woodstocklegalservices.co.uk/blog

Is Menopause the next Protected Characteristic?

Wed, 01 Dec 2021 14:44:28 GMT

Given that 50% of the population will have to live with the symptoms of menopause at some time in their life – why is the Menopause not directly protected under the Equality Act 2010?

When you say the word menopause, hot flushes and night sweats spring to mind. However these are just two of a number of uncomfortable and for some, debilitating symptoms that are experienced when going through the menopause. Other symptoms can include, night sweats, difficulty sleeping, low mood or anxiety and problems with memory and concentration. It isn’t difficult to see that these symptoms could very easily have an impact on a person’s ability to perform at work. That, coupled with the stigma associated with menopause, indicates that this is an area of extreme vulnerability for many women in the workplace.

Yet there is no protection directly afforded to women who are experiencing these symptoms.

On average a woman can expect the symptoms of menopause to last up to 4 years, however 1 in 10 women will experience symptoms for as long as 12 years. This is not a fleeting period of time and represents a significant amount of a woman’s life.

At present the following nine characteristics are protected under the Equality Act 2010: Age, Sex, Sexual Orientation, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race and Religion or Belief. There is no direct protection for a woman experiencing menopausal symptoms at work.

Despite no direct protection there have been a number of recent cases where women sought to be protected by making claims of sex or disability discrimination. Should women have to rely on these characteristics? Why is menopause not protected in its own right?

These are questions that are currently being examined by MP’s leading the Menopause and Inquiry Committee after a 2019 survey by BUPA and the Chartered Institute for Personal Development (CIPD) found that, ‘ three in five menopausal women – usually aged between 45 and 55 – were negatively affected at work and that almost 900,000 women in the U.K. left their jobs over an undefined period of time because of menopausal symptoms.’

The inquiry will consider whether current legislation can provide adequate protection for women at work. If the answer is no, it is likely that the Committee will recommend a change to the Equality Act, potentially creating menopause as a new protected characteristic in its own right.

Why does this matter?

Women between the ages of 45 -55 are at the peak of their working life. If women are leaving positions at this time there are knock on effects to their pensions. Equally the pool of candidates for the top jobs becomes smaller and more male dominated. This is the opposite of what is required for gender equality and societal advancement.

In order to get ahead we recommend that employers adopt a menopause policy which sets out its approach in dealing with workplace issues. This will help employees facing the menopause to feel more supported by their employer. Ultimately, even if the Equality Act is not amended to provide direct protection, employees may still be protected through the existing protected characteristics.

If you would like more advise on the topic or would like assistance in drafting a policy for your business then please feel free to contact us and we will be happy to help

Legal Update: Commercial rent arrears

Mon, 15 Nov 2021 15:56:31 GMT

On Tuesday 9th November 2021, the UK government published the eagerly anticipated draft bill a nd updated Code of Practice t o deal with outstanding commercial rent debts accrued as a result of COVID-19.

What is the current position?

Since March 2020, the government has placed a number of restrictions on commercial landlords seeking to recover rent arrears from their tenants (including insolvency proceedings against tenant companies for unpaid rent and service charge arrears and forfeiture for rent arrears).
Most of these restrictions are due to expire on 25 March 2022.

What's new?

From 9 November 2021 the updated Code of Practice underpins negotiations between landlords and tenants in settling outstanding debts and will apply to the new arbitration process introduced by the draft bill when it comes into force (which is supposed to be at the end of March 2022).
From 10 November 2021 the government states that it is protecting commercial tenants from debt claims (including bankruptcy petitions and judgments in the High Court and County Court) issued as a result of rent arrears accrued during COVID-19. Although this is to be included in the bill (which has not been passed into law yet), the guidance from the Government is that it will apply from 10 November 2021. Clearly this is going to have a significant impact on strategy and whether to embark on debt recovery proceedings between now and the date of the law being published.
From 25 March 2022 new laws will provide a legally binding arbitration scheme to resolve certain outstanding commercial rent debts accrued as a result of mandated closure during the COVID-19 pandemic.

Key takeaways

The final remedy available to landlords (issuing a debt claim) is intended to be removed. What options are therefore left to Landlords? Practically speaking, hardly any.
Commercial rent arrears accrued during periods when a business was not forced to close are not captured within the scope of the draft bill. The guidance sets out a timeline for when each sector was affected by the closures so that the ring-fenced arrears can be calculated.
Bear in mind that this is only a bill; who knows what the enacted Law will look like., If it’s substantively like this, then the balance between the parties is most definitely not equal.

Woodstock Legal Services secures Law Society's conveyancing quality mark

Thu, 30 Sep 2021 09:35:17 GMT

Woodstock Legal Services in Poole, Dorset has secured membership of the Law Society's Conveyancing Quality Scheme - the mark of excellence for the home-buying process.

Woodstock Legal Services underwent rigorous assessment by the Law Society in order to secure CQS status, which distinguishes the firm as meeting high standards in the residential conveyancing process.

Law Society President Andrew Caplen said that the CQS accreditation is the hallmark of high standards and establishes a level of credibility for regulators, lenders, insurers, and consumers.

"CQS is the quality mark of the home-buying sector and enables consumers to identify practices that provide a quality residential conveyancing service. With so many different conveyancing service providers out there CQS helps home-buyers and sellers seek out those that can provide a safe and efficient level of service."

Carly Jermyn, Director and Solicitor says: Woodstock is absolutely delighted to have secured CQS status. Buying and selling a home can be really a stressful time. We have a fantastic team of property lawyers, and by looking for a CQS firm like Woodstock Legal Services the public can seek out a firm that has proved its commitment to quality.

“The overall beneficiaries will be clients who use Woodstock Legal Services when buying a home. They will receive a reliable, efficient service as recognised by the CQS standard."

So what's changed?

The scheme requires practices to undergo a strict assessment, compulsory training, self-reporting, random audits, and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.

Kerry Parsons, Consultant Property Lawyer with Woodstock Legal Services says: I am very proud to have joined a fabulous team of property lawyers and even more delighted that we have now achieved the CQS accreditation. The Conveyancing Quality Scheme highlights the high level of service we can and will continue to offer our clients and their lenders. We can now assist on even more mortgage matters so look forward to hearing if we can help you with a residential property purchase or mortgage.

How to choose the right conveyancer

Thu, 30 Sep 2021 09:33:29 GMT

Many people consider moving house to be one of the most stressful times in their life. However, choosing the right conveyancer can make all the difference.

A conveyancer has a vital role to play in handing all the legal aspects of your property sale or purchase and should give you peace of mind that the important details are being looked after.

If you are unsure where to start looking, read our top 5 tips below which should provide a useful insight into what to look for!

TIP 1: Communication is Key

Communication is key to keeping stress at bay. You need a conveyancer who will listen to your concerns, identify and explain any issues, provide solutions, and keep you informed every step of the way.

Whist it may be tempting to choose an online conveyancer based on cost alone, you are likely to end up dealing with a different person every time you call who may not be familiar with your transaction. Ideally you should look for a local conveyancing firm which will appoint a person or team to handle your sale or purchase, allowing for quicker communication and a more personal service. Select a firm you know and ask who will be looking after your file, it could save you a lot of frustration in the long run.

TIP 2: Local Knowledge

You shouldn’t underestimate using a local conveyancer who has a good knowledge of the local area and understands any local issues or factors that may influence your move.

Using a local firm also makes it easier if you need any advice or to be able to deliver documents in person. It is always advisable to have the option of a face to face meeting with your conveyancer to discuss any questions or concerns you may have and a good conveyancer will always be happy to make the time to meet you, whether that be in person or via video call and put your mind at ease.

TIP 3: Going cheap may cost you!

The conveyancer you choose will be responsible for all the legal aspects of your sale or purchase and whilst you might want to keep costs to a minimum during what is undoubtedly an expensive exercise, don’t let it lead you to an inexperienced or disreputable firm. The cheaper the conveyancer’s fees, the more likely it is that you will be dealing with unqualified staff who may just follow a script as opposed to an experienced and qualified lawyer who has the experience to help proactively resolve any arising issues.

Buying a house is often the single largest transaction a person will make in his or her lifetime and getting the legal work wrong can lead to expensive and stressful situations in the future.

Conveyancer’s fees are usually a small part of the overall expense of buying or selling property and we would recommend that you do not scrimp. As they say: you get what you pay for.

You should also ensure that the cost estimate you are provided with by your conveyancer details all legal fees and other payments so that you can budget for your transaction. Sometimes a cheaper “quote” does not always include all costs of the transaction. A good conveyancer will always provide you with a transparent cost estimate detailing all likely costs.

TIP 4: Expertise counts

No two property transactions are the same, so it’s important you appoint someone who specialises in conveyancing who will be able to guide you through the process and ensure everything progresses efficiently.

This may sound obvious but this is not an area of law to rely on favours or inexperience, the standard of service can vary dramatically from one firm to another. Online conveyancing firms often employ unqualified staff in order to keep their fees attractive so do your research and look at the team and each Conveyancer’s qualifications and experience.

TIP 5: Recommendations

Often, when buying or selling a property, people find themselves choosing a conveyancer in a hurry, at the point when they are ready to make or accept an offer. Unfortunately, this can result in hasty decisions and people may resort to picking the first conveyancer they come across.

If you haven’t used a conveyancer or solicitor before, a recommendation is always a good place to start. Whilst the estate agent or mortgage broker may be able to recommend someone, why not ask your own friends and family as they will base their recommendation on their own personal experience. Alternatively, take a look at client testimonials on your conveyancers’ website.

This article was written by Kerry Parsons who specialises in residential property at Woodstock Legal Services.

Whatever your conveyancing or property needs, please get in touch with us to see how we can help.

Positive News for Landlords with the return of pre-covid notice periods

Fri, 17 Sep 2021 14:02:37 GMT

The Return of Pre-Covid Notice Periods

New regulations have been laid regarding The Coronavirus Act 2020 and will be coming into force as of 1 October 2021.

The UK Government, through these regulation changes, have confirmed that pre-COVID notice periods will be returning in England. We await news regarding Wales but this is certainly good news for our landlord clients.

The current notice period

With the introduction of the Coronavirus Act 2020 during the pandemic, notice periods for eviction were increased to six months on most grounds.

From 1 June 2021, except for the most serious cases, notice periods were reduced to four months. Where less than four months rent is unpaid, the notice period is two months.

What is changing

Notice periods will be returning to their pre-COVID lengths from 1 October. However, the UK Government will be retaining the ability (until 25 March 2022) to reapply longer notice periods should the public health position worsens.

Renting and court guidance will be changed ahead of 1 October to reflect the change in notice periods.

The UK Government is also publishing new Forms 3 and 6A (section 8 and section 21 notices). These will be coming into force 1 October and as always, it is crucial that landlords use the correct form of notice that is in force as at the date the notice is served.

Things to consider

If you are a landlord considering serving a Section 21 or Section 8 notice on your tenant, it may be quicker to wait until 1 October rather than serving a notice with the current longer 4-month notice period.

If you have any queries regarding the changes or are seeking expert advice, please do not hesitate to get in contact with one of our possessions team and we will be happy to help guide you.

"Talk to the Experts" Webinar

Mon, 26 Apr 2021 17:36:47 GMT

“Talk to the Experts” Webinar Thursday 29th April 10.30am – 11.30 am.

The last year has been a really testing year for Landlords in the private rental sector but help is on hand.

Woodstock’s experts Carly Jermyn and Paula Hebberd a have teamed up with ARAG along with other experts in their field to help address the key issues faced by landlords. This roundtable discussion, which covers the challenges from both perspectives is not to be missed.

You can book your spot using the following link:

https://bit.ly/32RCdJz

Stamp Duty Holiday Extended

Mon, 29 Mar 2021 19:46:40 GMT

Following the announcement in the Chancellor’s recent budget, buyers and sellers will be relieved to hear that the stamp duty holiday on house purchases has been extended for a further three months.

The announcement in the budget was a complete U-turn from the Chancellor’s statement in December 2020 that he had no intention to grant any further extension.

The holiday was initially intended as a stimulus for the property market and many buyers were encouraged to enter the market as a result. Many homeowners advanced their plans to move in order to make the deadline and benefit from the tax relief. However, the lurking deadline was seen my many in the industry as a cliff-edge and buyers and sellers alike were beginning to worry as the end of March date loomed closer.

The of the extension will therefore likely come as a relief for both buyers and sellers who were hoping to take advantage of the holiday but, with the initial deadline fast approaching, were not so optimistic about their transactions completing in time.

The move to extend the holiday also aims to help buyers who may have taken a financial hit because of Covid-19 as well as boosting a property market hit by lockdown.

The budget announcement confirms that stamp duty land tax will continue to be suspended on the first £500,000 of all sales in England and Northern Ireland until the end of June. Additionally, the nil rate band will be set at £250,000 - double its standard level - until the end of September. This second reduction is aimed at really helping buyers at the lower end of the market. It is also hoped that the extra three-month taper until the beginning of October will make any ‘cliff-edge’ in June feel less steep.

So What is Stamp Duty Land Tax and How Does it Work?

Stamp Duty Land Tax (SDLT) is a tax paid on the purchase of property or land in England and Northern Ireland.

The tax is not payable on the whole of the purchase price, just on the figure over a certain amount. This ‘initial threshold’ is where SDLT starts to apply.

With the new rules being extended, it now means that if you purchase a property for up to £500,000 before the June deadline, there is no SDLT to pay.

On purchases over £500,000, buyers will have to pay a 5% tax on the portion of the sale price which is from £500,001 up to £925,000, then 10% on the portion from £925,001 to £1.5 million and then pay 12% on any portion over £1.5 million. 

Different rules apply for second homes.

So, rather than the worrying ‘cliff edge’ we were expecting in March 2021, there will be a staggered reduction from the end of June.

On property purchases from 1 July to 30 September 2021, the SDLT threshold on residential properties will be reduced from £500,000 down to £250,000.

Then, from the 1st October the SDLT threshold will be back to its usual level of £125,000 for residential properties.

You can visit www.ov.uk for more information.

New Title

Woodstock Legal Services

c.jermyn@woodstockpropertylaw.com — Thu, 11 Mar 2021 16:46:54 GMT

A busy week for Woodstock with a rebrand and an office move!

Eviction ban extended until 31 May 2021

Thu, 11 Mar 2021 16:46:52 GMT

The eviction ban which was due to end on the 31 March, has now been further extended for a further 2 months until the 31 May 2021.

In this blog Scott Romsey, Solicitor in our Residential Landlord and Tenant team, provides a brief update on the extension of the eviction ban until 31 May 2021.

It is undoubtedly unwelcomed news that many landlords will have woken up to this morning. The eviction ban which was due to end on the 31 March, has now been further extended for a further 2 months until the 31 May 2021.

In addition, the requirement for 6 months’ notice for certain notices has also been extended until at least 31 May 2021.

The amendment to the legislation is pretty short and sweet but it you want to take a look for yourself you can use the following link:

https://www.legislation.gov.uk/uksi/2021/284/contents/made

It is yet to be seen whether there will be any further Government announcements and tweaks to the existing exemptions that apply. The courts are still processing claims but bailiffs and enforcement agents are unable to proceed with eviction appointments unless the reason for the eviction falls within the ‘exemptional circumstances’ category, which includes domestic violence, significant anti-social behaviour and severe rent arrears.

Although we agree that the main priority is to keep renters safe and prevent a homelessness crisis as we prepare to move out of lockdown, there is a huge concern that a further extension is doing nothing to tackle the increasing rent debt crisis. Tenants are falling further into rent arrears and damaging their credit scores, making it more difficult to rent in the future. The prospects of some landlords recovering rent arrears are also limited and the physical recovery of the sums owed may well take some time.

We encourage landlords to keep the lines of communication open during this still very challenging time. It is crucial that settlement options are fully explored such as surrenders or rent negotiations. That being said Landlord's should protect their position and consider serving notice and issuing proceedings if needed ready for the ban to be lifted.

We are here to help and provide continued support to landlords and managing agents during the pandemic. Our team can provide expert practical and legal advice to assist you in gaining possession of your property or resolving any issues with your tenant.

If you are not sure which way to turn the please feel free to contact one of our team and we will be happy to help.

Leasehold Reform

Thu, 28 Jan 2021 18:03:24 GMT

New Rules for Leasehold – Are you up to date?

On 7 January 2021, the government announced new rules for owners of leasehold property to make home ownership fairer and more secure. Leaseholders now have the right to extend their lease to a maximum term of 990 years with zero ground rent. This means if you have 100 years left on your lease and you choose to extend, your term will be increased to 990 years and not 1,090 years. The right to extend will apply to owners of flats, houses and retirement properties, which will all be under the same rules.

A cost which was previously shared between the landlord and the tenant, known as marriage value, will also no longer apply. In essence, because the lease extension caused the value of the property to increase, the marriage value was the difference between the value of the property before and after the lease was extended.

It has also been announced that an online calculator will be available to determine the cost of extending the lease or buying the freehold. In my experience, online calculators should be used with extreme caution as they often do not represent all the costs, so it will be interesting to see how this is implemented to give an accurate result which can be relied upon.

This reform will be welcomed by all leaseholders as they will no longer have to pay ground rent in addition to other payments.

What else is new?

The government is also pushing for people to buy commonhold, which has been around since 2004 yet had minimal take up. It has introduced a commonhold council made up of leasehold groups, people in the industry and government individuals. The concept of commonhold is to give ownership back to the owners, essentially making what was leasehold, now freehold and transferring all decision making to the owners collectively rather than having a separate landlord.

Buyers, developers and lenders may need to be convinced to go down the commonhold route rather than traditional leasehold and I suspect that it will undoubtedly come down to whether people can afford it. If this is the government’s way of allowing first time buyers to get themselves on the property ladder, then this will be of great benefit. Otherwise, not all leaseholders want to be responsible for the management of their building.

The push for commonhold will favour tenants and it could be seen as being detrimental to landlords, but, initially at least, commonholds will only be put in place for new developments. In the short term, it seems unlikely that commonhold will become very popular considering that it has been available since 2004. However, if there is a shift to commonhold, then landlords will have to find alternative investment opportunities and we may see a rise in buy to let properties.

What is the current position?

Unlike owners of freehold who own the property forever, leasehold owners buy property for a defined number of years. This means that as the term reduces so does the property value and unfortunately, the shorter the lease term, the higher the premium to extend the lease.

The ability to extend a lease is not something new. The current law gives leaseholders two options – statutory or voluntary, with rules differing between flats and houses. Flat owners can extend the lease to 90 years with zero ground rent provided they have owned the flat for 2 years. Conversely, for leasehold houses, the lease can be extended for 50 years but they will continue to pay ground rent.

It is not yet clear whether the previous criteria will remain in place for the new rules. For example, to qualify, the lease must be for a term of over 21 years, the property must be residential and there are certain exceptions as to who the landlord can and cannot be.

What are the practical considerations?

Whilst there will be a number of people who will use these new rules to extend their lease, it is unlikely that we will see a wave of leaseholders rushing to take advantage of the new rules. This is mainly because, as with anything, the value is only recognisable when you are looking to dispose of the property. Not only that, the concept of a lease extension has been around for a long time.

My prediction would be that those looking to sell, remortgage or executors looking to dispose of leasehold property may consider extending the lease but there are considerations that need to be reviewed on a case by case basis. These are things like the cost of extending, timeframes – how quickly they need to dispose of the asset and how long is left on the lease term to run (lower length equals higher premiums).

There is plenty of negative commentary relating to the fact that it is just an announcement which does not give enough information, including timescales for implementation. Ultimately, more guidance is required, but for now there are many things for leaseholders to consider and it will be up to the individual leaseholder to decide whether to extend.

It's worth considering your options and we will be happy to guide you.

The rules on enforcement have changed once again for Landlords

c.jermyn@woodstockpropertylaw.com — Tue, 24 Nov 2020 10:55:17 GMT

Evictions to continue in cases involving 'exceptional circumstances'

From 5 November 2020, court bailiffs and enforcement agents were unable to proceed with eviction appointments unless the reason for the eviction falls within the ‘exceptional circumstances’ category, which includes domestic violence and significant anti-social behaviour. This will be the case until 11th January 2021.

Clearly the exitance of exceptional circumstances will need to be evidenced to the court at the right time - which may not always be easy.

Introduction of exception for 'severe rent arrears'

As of 17 November 2020 there was another change to the rules which added a further exception, also allowing evictions to be carried out in cases where there are ‘severe arrears’ of rent.

To be ‘eligible’ there must be:

• Rental arrears equivalent to at least nine months’ outstanding at the time the Order for Possession was granted;

• The arrears must have occurred prior to the 23 March 2020 (being the first national lockdown); and

• Any arrears after the 23 March 2020 cannot be included.

It is expected that further guidance will be provided over the coming weeks, but this is certainly very welcome for many landlords and goes some way to address concerns that tenants, who had incurred significant rent arrears even before the pandemic, were benefitting from the restrictions placed on landlords ability to obtain possession.

Navigating eviction generally

Obtaining possession through the courts during these unprecedented times is not straight forward. Additional steps in the already tricky process have been added to balance the impact of COVID 19 on tenants and to help manage the increase in claims that must be dealt with by the courts.

Review meetings and a push for mediation have been added to the process. Landlords and the courts must now consider the impact of COVID 19 on tenants with the system actively discouraging landlords from simply pushing through to eviction without considering alternatives to settlement.

Our team can provide expert practical and legal advice to assist you in gaining possession of your property and/or resolving any issues with your tenant, whilst taking into account the world in which we currently live - which is challenging for all.

If court proceedings are required it is imperative that the correct process is followed to avoid any further delays in what is now an extended process.

If settlement can be achieved, then a well drafted settlement agreement provides both landlords and tenants with the security and protection they need to move forward. Landlord's should consider their tenants circumstances and whether in fact a Deed of Surrender can be achieved to the mutual benefit of both parties.

So what happens when possession is gained and landlords need to enforce a judgment debt against their tenant for rent arrears and or legal costs?

A popular method used by our team at Woodstock to help landlords, is a writ of control - which allows the instruction of a High Court Enforcement Officer to potentially seize the debtors goods to sell at auction to recover the debt. In reality assets are rarely seized and the High Court Enforcement Officers aim to secure payment of the judgment debt in full or by way of instalments.

Whether in full lockdown or not, the pandemic poses practical problems for High Court Enforcement Officers in carrying out their job. Attending people at their homes of course gives rise to health and safety concerns.

During the first national lockdown, enforcement efforts were suspended entirely until 23 August 2020, after which enforcement was able to resume, and enforcement agents were issued with social distancing guidance to adhere to when visiting debtors’ premises.

However, despite England being temporarily back in a national lockdown, enforcement efforts can still continue provided that High Court Enforcement Officers adhere to the Covid-secure guidance.

The guidance states that enforcement agents are still able to visit residential properties, though they are not allowed to enter the premises, even if invited to do so by the resident. Enforcement agents can, however, still enter into repayment arrangements with the debtor and take control of goods that are located outside of the premises.

With regards to commercial properties, the enforcement agent may still enter the premises to take control of goods or enter into a controlled goods agreement.

This is good news for our claimants who are looking to or are currently in the process of enforcing a money judgment by way of a writ of control. Whilst there are some limitations positive action can still be taking to recover sums owed.

If you have any questions about recovering possession of your property or securing repayment of a judgment debt during these very difficult times, then please feel free to contact our experienced team and we will be happy to help.

Review Date? A Landlord's perspective

c.jermyn@woodstockpropertylaw.com — Wed, 11 Nov 2020 19:47:48 GMT

Here's the situation. You've submitted a claim to the Court under the Standard Procedure. However, due to the COVID-19 pandemic, your claim was stayed by the Court until the 20 September 2020. This date passed and you're filed your Reactivation Notice to the Court to resume the claim and now you've been given a Review Date. But what is a Review Date and what am I required to do?

On the allocated Review Date a Judge will review the bundle provided to the Court by the Claimant/Claimants Solicitors to consider how best the case should proceed. It is not a hearing and instead simply a review of the papers by the Judge. It is also an opportunity for the Defendant/Tenant to obtain independent legal advice and to make contact with the Claimant or their advisors to try and settle the claim. The Claimant or their advisor should also be available should the Court have any questions for them.

The Judge may order one of the following:-

• Stay or adjourn the matter should an agreement be made between the parties

• Suggest to the parties a mediation based approach to help resolve the dispute

• List the matter for a substantive hearing not less than 28 days' after the Review Date

It is absolutely vital that the correct bundle of documents are provided to the Court ahead of the Review Date. The Judge is at liberty to potentially dismiss your claim should incomplete or the wrong documents are provided. A copy of this bundle must be filed with the Court and served on the Defendant/Tenant at least 14 days' prior to the Review Date. The rules are very strict on the service of documents so for this reason we would always recommend you seek independent legal advice.

Our specialist and expert team at Woodstock Property Law will be able to explain what is required, advise you as to the next steps, draft the necessary documentation and send the bundle for your complete peace of mind. Please get in touch with our experts today and we'll be more than happy to assist you further.

Restrictive Covenants and the Supreme Court

Wed, 11 Nov 2020 19:45:53 GMT

Restrictive Covenants and the Supreme Court

For the first time ever, the Supreme Court has decided on an appeal relating to s84 of the Law of Property Act 1925 (LPA 1925). S84 gives the Upper Tribunal discretion to discharge or modify restrictive covenants where one or more specified grounds are satisfied to enable development of burdened land. In this case, the Supreme Court has held that the threshold to exercise such discretion hadn’t been satisfied and so the primary remedy is an injunction to remove the offending development.

Section 84 powers

Millgate Developments (Millgate) were engaged to build 13 properties for a registered provider of social housing on a plot of undeveloped land. The land was burdened by a covenant that prohibited any use other than for the parking of vehicles. The beneficiary of the covenant was a neighbouring children's hospice, the Alexander Devine Children's Cancer Trust (the Trust). The Trust objected to the development but Millgate went ahead in order to comply with its s106 agreement which required the provision of social housing as a condition of planning consent for a high-end development being constructed elsewhere. Crucially, the site adjacent to the hospice was not the only potential space for the build.

Millgate argued that the social housing development was in the public interest and relied upon the grant of planning permission in support. Millgate then developed in breach of covenant and only later brought an application under s84 LPA 1925 seeking retrospective modification based on section 84(1)(aa), which gives the Tribunal discretion to discharge or modify a restriction where it impedes a reasonable use of the land in circumstances where either:

1. it does not secure any practical benefit of substantial value or advantage to the beneficiary; or

2. the restriction is contrary to the wider public interest with money being adequate compensation.

The Upper Tribunal accepted that there was practical benefit of substantial value to the Trust in preventing use of the land for any purpose other than parking. In this context, the practical benefit conferred by the covenant was not the ability to use the land for parking but rather protection of the privacy and seclusion of the hospice environment by ensuring that no development could take place. However, the Upper Tribunal held that the second limb of ground 84(1)(aa) was satisfied given the immediate and important need for affordable housing to be made available. Essentially, the public interest in having the affordable housing was more important than keeping the land undeveloped.

Court of Appeal approach

The Court of Appeal disagreed with the Upper Tribunal, an important point being that Millgate acted in flagrant disregard for the covenant, in full knowledge of its existence and without going through the proper process provided for by s84.

They made it clear that the existence of planning permission did not mean that there had been an objective assessment of public interest – this still had to be assessed within the parameters provided for by section 84. Millgate had deliberately circumvented the proper procedures for testing the covenants by failing to apply to the Upper Tribunal prior to building (the court did not go so far as to rule out any possibility of applying for modification retrospectively in less clear circumstances).

In a decision handed down on 6 November 2020, the Supreme Court upheld the decision of the Court of Appeal.

Lord Burrows, who gave the leading judgment, referred to "two omitted factors" which the Upper Tribunal erred in law by failing to consider. These were:

1. Had Millgate respected the rights of the Trust by applying for planning permission to develop an alternative plot within its land bank (which did not benefit from the covenant), then an application to modify under s84 would not have been required. The entire dispute could reasonably have been avoided i.e. modification was not necessary to deliver the public benefit advanced by Millgate.

2. Had Millgate respected the rights of the Trust by applying under s84 before starting to build, it is likely that Millgate would not have been able to satisfy the "contrary to public interest" limb of section 84(1)(aa). This is because Millgate would have been met with the objection that planning permission would be granted for affordable housing on alternative unencumbered land so that the upholding of the restriction would not be contrary to the public interest.

The Supreme Court therefore held that it follows that the effect of Millgate's cynical breach of covenant was to fundamentally alter the position in relation to the public interest.

Conclusion

This case demonstrate the importance of seeking to discharge any restrictive covenants prior to commencing works and the dim view that courts take where a developer acts in a high-handed or cynical manner.

A decision in favour of Millgate would have set a precedent to enable modification of almost any covenant where the developer can demonstrate a degree of public benefit in its scheme. The Supreme Court decision shows that demonstrating public benefit does not guarantee modification.

The conduct of Millgate has without doubt, had an impact on the Court’s determination of the case. If another developer had applied for modification prior to carrying out the development and if there wasn’t an alternative unburdened plot of land available for use, the outcome may have been much different.

Lockdown update: Courts will remain open but bailiff appointments suspended until mid-January 2021

c.jermyn@woodstockpropertylaw.com — Tue, 03 Nov 2020 12:35:41 GMT

It's fair to say that this year has been particularly tough on landlords but when the Court stay on evictions lifted on the 20th September, there was at least some light at the end of the tunnel. It was hoped that this would be the turning point and that things would start getting easier for landlords from there on. Unfortunately, with numbers of confirmed COVID-19 cases spiking the pandemic has not yet released its grip and once again, landlords are finding themselves in another difficult predicament.

It was announced last week that the UK would be entering a 4 week national lockdown beginning on the 5 November until 2 December 2020. Whilst Boris Johnson suggests that it will not be extended further, only time will tell, but it is hoped that this 4 week lockdown will enable a break in the pandemic and give everyone some form of normality over the Christmas holidays.

The good news

The courts will remain open over the 4 week national lockdown. You will be able to issue claims and it is anticipated any scheduled hearings will go ahead.

The bad news

At present, bailiff appointments are not taking place in locations listed as Tier 2 and 3 of the Governments recently announced three tier COVID response system. Bailiff appointments in Tier 1 locations were taking place however, this is now set to change. The Government have announced that no bailiff appointments will take place between the 4 November until 2 December 2020. This could be extended further depending whether the national lockdown is increased further.

Even if the national lockdown isn't extended further there is also a 'Christmas Truce' on bailiff evictions between 11 December 2020 until 11 January 2021 unless there are 'exceptional circumstances' i.e. significant anti-social behaviour or domestic violence.

There is no denying that these are really challenging times for landlords but Woodstock Property Law is here to help. Our highly experienced and expert team is here to help you through these unprecedented times so give us a call and we’ll be happy to advise and assist you further.

A reminder about minimum energy efficiency standards (MEES) by our guest blogger, Christabel Watts from the Environment Centre

c.jermyn@woodstockpropertylaw.com — Tue, 27 Oct 2020 15:01:33 GMT

There have been some recent updates to Energy Performance Certificates, Minimum Energy Efficiency Standards and energy efficiency funding for landlords, here is a summary of those changes from the Environment Centre (tEC) charity.

Energy Performance Certificates (EPCs)

The EPC register has changed and there is a new government website to look up the EPC for your property. Along with the new website there is a new look for the certificates and they are no longer available as downloadable pdfs. Behind the scenes there have been changes to the software used to produce a certificate and assessors can’t generate a draft EPC anymore, to trial the impact of different recommendations on the rating. For certificates issued between 9th June and 19th September 2020 you still need to use the old Landmark website currently, while they transfer the data.

Minimum Energy Efficiency Standards (MEES)

It has been 6 months since MEES became law for existing, as well as new, domestic private tenancies. The current standard requires landlords to meet EPC rating E or register an exemption, otherwise they risk enforcement action and fines. A recent government MEES consultation suggests that this minimum EPC rating is due to increase to C from 2025 for new tenancies and 2028 for existing tenancies. In addition to the rating, they are also considering changes to the investment cost cap (increasing from £4,700 to at least £10,000), requirements for the provision of EPCs, enforcement options and maximum penalty (rising from £5,000 to £30,000).

Green Homes Grant

If your rental property meets MEES, or you have an exemption, you can apply for energy efficiency funding like the new Green Homes Grant. If your tenants are on a low income, for example receiving means-tested or disability benefits, then they may be eligible for grant through the Energy Company Obligation (ECO).

The government launched the Green Homes Grant scheme in September 2020, and vouchers are due to start being issued in early November. Through the general scheme homeowners and landlords in England can apply for vouchers to pay for green improvements. This government grant covers two-thirds of the cost up to £5,000 per household and the homeowner or landlord contributes the remainder.

Measures

Available measures are split into “primary” and “secondary” groups and households need to install at least one primary measure to qualify for funding.

Primary measures include:

• Insulation – Solid wall (internal or external), cavity wall, under-floor (solid floor or suspended floor), loft, flat roof, pitched roof, room in roof, park home

• Low carbon heat – Air source heat pump, ground source heat pump, solar thermal, biomass boiler, hybrid heat pump

If at least one primary measure is installed, households will also be able to install secondary measures. These will be subsidised up to the amount of subsidy provided for primary measures and you will only be able to redeem vouchers for secondary measures once you have installed a primary measure and redeemed the vouchers for that measure.

Secondary measures include:

• Draught proofing

• Windows and doors – Double/triple glazing (where replacing single glazing), secondary glazing (in addition to single glazing), upgrading to energy efficient doors (where replacing single-glazed or solid doors installed prior to 2002).

• Heating controls and insulation – appliance thermostats, hot water tank thermostats, hot water tank insulation, smart heating controls, zone controls, intelligent delayed start thermostat, thermostatic radiator valves

Additional work, for example professional services, contractor costs, enabling works and low carbon heating systems, can be covered if they are necessary for the installation of a measure. More information on what the scheme does and doesn’t cover is on the government website.

Eligibility

For the general scheme all owner-occupied homes, private and social rented domestic properties and park home owners are eligible. New-build domestic properties and non-domestic properties are not eligible.

The Green Homes Grant counts towards state aid, so check that applying does not exceed your state aid threshold. You cannot claim the Green Homes Grant for a measure which is already being funded by the ECO scheme. You also cannot apply for a Green Homes Grant voucher if you have already received a grant from your local authority through their Green Homes Grant Local Authority Delivery Scheme. You can claim domestic Renewable Heat Incentive (RHI) for renewable heat installed through the Green Homes Grant, and the grant amount will be deducted from the RHI payments.

Approved tradespeople

To apply for a voucher you need to have a quote from an approved tradesperson, and you must wait for the voucher to be issued before arranging for work to be carried out. Tradespeople must be registered with TrustMark or Microgeneration Certification Scheme (MCS) accreditation to take part in the scheme. You can also search for approved tradespeople on the Simple Energy Advice (SEA) website. It is recommended to get at least three quotes to ensure you are getting value for money.

Application

You apply for the Green Homes Grant online, with full terms and conditions here. You can apply for different measures by different installers through the same application. You will receive separate vouchers for each measure, and the voucher is only valid for the measure, property and named applicant that you have applied for.

To redeem a voucher you need to provide a dated copy of the invoice issued by approved tradesperson and you will need to confirm the work has been completed to your satisfaction, you have received any documentation like warranties and you have made the customer payment to the installer. Once you have redeemed the voucher the government grant will be paid directly to the approved tradesperson. Vouchers must be redeemed and measures completed by 31st March 2021.

Advice and support

To contact the government about the scheme you can email: customer.green-homes-grant@beis.gov.uk. Homeowners and landlords can access energy efficiency advice and support from the SEA service, online or by phone: 0800 444202, which includes checking eligibility and suitable home improvements for the Green Homes Grant scheme.

There is such a variety of needs between building types and household circumstances it is a good idea to get expert advice from an accredited installer or retrofit assessor/coordinator. You can search for a retrofit assessor or coordinator on TrustMark or via their accreditation body, for example Elmhurst or Stroma.

How much notice do I need to give my tenant to vacate?

c.jermyn@woodstockpropertylaw.com — Fri, 09 Oct 2020 13:03:47 GMT

Since COVID 19 this is no longer a question easily answered and with the backlog at the courts it is more important than ever that Landlord's get it right.

There has been such a significant change in legislation over the last few months that landlords and agents could be entirely forgiven for being completely confused as to how much notice is or was required at any given time. The notice period length not only varies depending on the grounds of possession relied upon but also the date of service.

To help landlords and agent's get it right our specialist possession team at Woodstock have put together this handy table.

Let's start with section 8 notices

And section 21 notices

Resolution outside the courts

It is more important than ever that landlords use the new often longer notice periods to engage with their tenants and see if a resolution other than court proceedings can be achieved. Not only is this beneficial for both parties but if proceedings are issued the courts will expect the parties to explore settlement. Landlord's are also expected to provide the court with information on the impact of COVID 19 on their tenant and any dependants if the matter proceeds to court.

No room for error

Finally, whilst getting the notice period right is essential (and don't forget to allow for proper service) the accurate drafting of the notices is key. It is clear that the Government are doing their best to prevent a homelessness crisis and the courts, whilst no doubt sympathetic to the plight of landlords (to varying degrees), will not want to make an order for possession against an individual impacted by COVID 19 so are likely to offer very little leeway for errors in drafting.

If you need to serve notice then we strongly recommend that you obtain legal advice and if you have already served notice then get that notice checked well in advance of the date it expires. There would be nothing worse than waiting weeks or months for your notice to expire and finally your date at court to then realise the notice served was invalid and you need to start all over again.

Our team have helped hundreds of landlords serve valid notices for possession during the pandemic and are always happy to answer your questions whether it's on serving notice or helping you to seek a amicable resolution with your tenant.

Coronavirus and the moratorium procedure for corporate insolvency

Fri, 02 Oct 2020 13:23:08 GMT

and so the stay continues....

Following the swift enactment of the Corporate Insolvency and Governance Act 2020 passed in June 2020, giving eligible companies the ability to obtain a moratorium allowing various protections against creditors, on 24th September the Government unveiled T he Corporate Insolvency and Governance Act 2020 (Extension of the Relevant Period) Regulations 2020 (the “Regulations”).

The changes brought in by the Corporate Insolvency and Government Act 2020 were due to expire on 30 September 2020 but have now been extended in order to give businesses much needed breathing space to continue to trade.

This comes alongside various other measures introduced to relieve the pressure on the economy following a further period of restrictions designed to prevent a second significant spike in infections.

You can read the full legislation using the following link ( https://www.legislation.gov.uk/uksi/2020/1031/introduction/made) and for a change it is fairly short and snappy..

So what do the Regulations actually do?

The Regulations, which came into force on 29 September 2020, now prevent the presentation of a winding-up petition, based on a statutory demand served between 1 March 2020 and 31 December 2020. This is regardless of whether the sums demanded accrued as a result of the effect of the pandemic on the debtor’s business or not.

The Regulations also extend the prohibition on winding-up petitions being presented unless certain conditions are satisfied, which is now in place between 27 April 2020 and 31 December 2020. These conditions are that the creditor must have reasonable grounds for believing:

(a) coronavirus has not had a financial effect on the company; or

(b) that the debtor would be in the same position even if coronavirus had not had a financial effect on it.

Previously, where a commercial tenant could not pay their rent, a landlord could use the above measures to encourage the tenant to pay their arrears. If the tenant still refused to pay, the landlord could make a winding-up petition at court, ultimately forcing the closure of the company unless the arrears were paid.

Key points to note

The threshold to bring a winding up petition is (until 31 December 2020 at least) much more difficult to satisfy and of little practical effect

The provisions apply to companies only; individuals do not get the same protection

The forfeiture moratorium and restrictions on the recovery of arrears by CRAR have both been extended in England until 31 December 2020 so the practical options of recovery are severely limited for landlords

On the face of it, come 1 January 2021, there may be a flurry of activity descending upon an already stretched court system

How does this impact Commercial Landlords and what can be done?

The only practical measures available to commercial landlords is to reach an agreement with their tenants i.e. by way of a side letter, amending the current payment terms of the lease or instead issuing debt recovery proceedings.

Woodstock has been instructed by several commercial landlords experiencing problems with tenants paying their rent on time or at all. We have however had great success recovering full rent owed, by engaging with tenants and providing strategic advice to our landlords. Often a well drafted letter before action and sensible dialogue works better for both parties.

If you need help with recovering commercial rent arrears, then please contact us and we will be happy to help.

What Virtual Witnessing means for making a Will

Wed, 30 Sep 2020 12:30:12 GMT

What the law says

New Paragraph

Over 60% of adults in the UK don’t have Wills. The reasons are as varied as the population that hasn’t done the deed.

Whether it’s lack of time, a perceived lack of need or because it’s uncomfortable to think about one’s mortality, the result is the same...

Not enough people have taken the steps they need to ensure their families are taken care of, after they are gone.

Under the current circumstances this is especially risky. We all hope that if we were unfortunate enough to catch COVID-19, we’d recover quickly. Sadly, for some that won’t be the case.

All the more reason why thousands of people like you are finally getting wills drawn up, just in case the unthinkable happens.

Although a globe spanning virus isn’t the only reason to consider writing a Will. If you’ve just got married or you’ve got a baby on the way, now is the time to take stock and get everything in writing. Equally, if you’ve just come through a divorce, you probably don’t want your ex getting their hands on your life savings.

Whatever is prompting you to get a Will drawn up, the pandemic throws up a problem. Social distancing and self-isolating make it very difficult to witness a Will.

What the law says

Section 9 of the Wills Act of 1837 sets out the requirements for making and witnessing a Will as follows:

No Will shall be valid unless:

(a) it is in writing and signed by the testator or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the Will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d) each witness either attests and signs the Will or acknowledges his signature in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.

The person making the Will also needs to have ‘testamentary capacity’. Which means they need to fully understand what they are doing and have capacity to say as much. And they aren’t being influenced or coerced by anyone.

For witnesses, the current law allows an executor of the Will to be a witness. However, a beneficiary or the spouse/civil partner of the Will maker cannot. Essentially because it’s a conflict of interests.

‘Mature minors’ are allowed to witness a Will, but blind people cannot. There is a general assumption that a witness should also have testamentary capacity.

Additionally, the Act states that the witnesses have a ‘clear line of sight’ of the Will maker signing the Will.

Equally the Will maker is required to have ‘clear line of sight’ to the witnesses when they countersign.

The pandemic and subsequent lockdown made that impossible. As a result, all Wills in process were effectively prevented from being issued.

The problems this creates are obvious and has caused no shortage of anxiety for families up and down the country. Not least for those who up to now have been shielding or are otherwise vulnerable.

Which is why the law had been amended to accommodate these unprecedented times…

Making Wills using Video Conferencing Technology

The amendment - which has been backdated to the 31st January 2020 - will make it legal for Wills to be witnessed over video conferencing technology. The legislation will stay in place until at least 31st January 2022.

The way this will work is the Will maker (you) will sign the Will in full view of your witnesses. They can be in one location or two separate locations, it doesn’t matter. Prior to signing you should confirm that the call is being recorded and that the witnesses can clearly see you and the document.

It’s really important that they can see you physically writing your name, not just the back of your head. If the witnesses are not known to you, they should ask you to prove your identity by holding up a passport or driver’s license to the camera.

Once signed the Will maker should hold the document up to the camera for confirmation. It is also beneficial to have that on the recording too.

The next step is to get the document to your witnesses as quickly as possible. While delays can sometimes be unavoidable, the ideal is no more than 24 hours.

Once the witnesses have the Will the process is repeated. As before, the Will maker must be able to clearly see the witness/es signing their names. Again, they should hold the signed document up to the camera to confirm and for the benefit of the recording.

If the witnesses live in different locations (which is likely) then this process will need to be repeated again. In all instances both witnesses must be present on the call.

The type of video conferencing or device used is not important, as long as the person making the Will and their two witnesses each have a clear line of sight of the writing of the signature.

To reflect this, the Will maker could use the following example phrase:

‘I [first name, last name], wish to make a Will of my own free will and sign it here before these witnesses, who are witnessing me doing this remotely’.

Witnessing pre-recorded videos will not be permissible - the witnesses must see the Will being signed in real-time.

The person making the Will must be acting with capacity and in the absence of undue influence as per the existing law.

If possible, the whole video-signing and witnessing process should be recorded and the recording retained. This could be of use to the court if the Will is ever challenged.

Other things to consider is ensuring that all parties are clearly visible. Many video conferencing technologies come with filters, backgrounds and other features that can distort or alter the appearance of the individuals.

These should be switched off as it could cast doubt on who was present and/or witnessing the Will signing.

Equally deep fake technology is becoming both more sophisticated and commonplace. It is essentially for all parties to take all reasonable steps to ensure that all parties are who they say they are. There is no government guidance on that but if you are in any doubt about the identity of the person on the call, end it immediately.

To do anything less could expose you to fraud or at the very least render the Will null and void.

Is drawing up a Will hard?

No, with a but. While the process of drawing up a Will is relatively simple, it can be difficult to decide how to apportion your estate.

Not least because you don’t know when you’ll die or what your estate could be like then. Also, many people find it quite an emotional experience as we humans don’t like to be confronted with our own mortality. In fact our brains have become highly adept at avoiding the topic or blocking the thoughts out altogether.

While this serves us very well day-to-day, it can make the subject of our deaths and how our family will cope after the fact very difficult.

The first thing to do is acknowledge that it’s a difficult discussion and one that should include your partner or spouse. Especially as your passing will impact on them most of all.

Value your estate

This essentially means determining the total value of your assets and debts.

Assets typically include:

Your home and any other property owned
Bank and building society accounts
National savings such as premium bonds
Insurance policies (life assurance or an endowment policy)
Pension funds (including lump sum payments on death such as stocks and shares)
Jewellery
Antiques
Other furniture
General household contents
Personal belongings
Motor vehicles.

Debts can include:

Mortgage
Credit cards
Store cards
Bank overdraft
Loans and finance
Equity release

It’s advisable to get your assets valued regularly as the value of them changes over time. For example, a car can depreciate over time, but jewellery and antiques tend to do the opposite.

Divide your Estate

When dividing up your estate among your loved ones it’s incredibly important to be completely clear about what you want to happen to it.

Ambiguity can cause arguments, disputes and break up families. The loss of a loved one can have a profound impact and make people act irrationally.

When dividing up your estate you need to consider:

Who do you want to benefit from you Will?
Do you want to give specific guests to anyone?
Where the residue of your estate is to go (assets left after all your debts, expenses and taxes etc have been paid)?
What do you want to happen if any of your beneficiaries die before you?

Giving to Charity

Many people choose to leave a portion of their estate to charity as a gift. If you wish to do so you’ll need to include the charity’s full name, address and registered charity number.

If any of this information is missing or incorrect it could mean the charity doesn’t receive the gift. Or it could go to the wrong organisation by mistake.

Choose your Executors

Executors are the people who deal with distributing your estate. They can be an independent third party or a close friend or family member.

Being an executor holds a lot of responsibility and can be a lot of work so choose your executors carefully. It needs to be someone you can trust enough to enact your last wishes to the letter.

Write your Will

You can approach your Will in one of several ways. The first is you can write it yourself. Templates are available online, however, it still needs to be written in the correct way and still go through a witnessing process.

It’s surprisingly easy to write a Will that isn’t legal so at the very least you should get legal advice before going down this road.

An alternative is a professional Will writer. Professional Will writers aren’t solicitors and aren’t regulated the same way. They should be a member of the Institute of Professional Will Writers.

However, again, you will still need your Will to be checked by a solicitor and witnessed accordingly.

It’s best approach in almost every circumstance is to work with a solicitor. Solicitors who specialise in Wills and probate are, by definition, experts.

They can make the entire process easy and straightforward because they know exactly what they are doing. This takes the stress and pressure out of what is a difficult and emotional experience.

A solicitor can review and verify the legality of the Will as well as help you arrange the witnessing of the document.

Signing the Will

Finally signing the Will. Under normal circumstances this is two people who physically witness the signing of the Will and then you do the same for them.

A witness cannot be a partner or spouse or a beneficiary (unless they are the executor).

Writing a Will doesn’t have to be stressful. Woodstock Property Law can support you through the process and help give you the reassurance that your loved ones will be taken care of.

What’s more, we use the latest video conferencing technology which means you can work with us while staying safe.

To find out more about how we can help you with your Will, get in touch with us today and a member of our team will respond within 24 hours.

Understanding Possession Proceedings post Lockdown Ban

Tue, 29 Sep 2020 13:31:07 GMT

Paula Hebberd runs through the key changes for landlords

What the changes to Possession Proceedings mean

The changes to proceedings have been to offset a number of challenges that still face the legal system. The pandemic itself and the rise in cases being the main one.

Social distancing is still required, so only courts that can accommodate that, will allow hearings. However, to cope with the expected rise in demand extra funding has been made available so courts can operate as close to full capacity as possible.

The funding will be used to bring in hundreds of additional judges and extra support staff.

The judges will be expected to have backgrounds in property law and will also take a more collaborative approach. That means there will be an even greater level of scrutiny in proceedings. So if you do feel things need to go to court, you must make sure you’ve got your paperwork in order. This is fundamental.

Any cases that were filed with the court before lockdown will be subject to a Reactivation Notice. Without that your case will not be reviewed and will essentially be archived.

This is partly because the court only wants to deal with cases that need their time and attention. But the general message from the court, the landlords associations and central government is: mediation and settlements over court proceedings.

Below is a summary of some of the key changes that you need to know about before you take action against a tenant.

The pandemic hit almost every industry in this country more or less at once. Even the winners - like supermarkets and distance educators - still felt the pinch in other ways. Whether it was staff self-isolating with symptoms (or being hospitalised), strangled supply lines or increased costs to keep the business functioning.

Millions were furloughed as part of the government’s plans to halt the spread of the virus. Many were simply let go. To prevent a homelessness crisis, the government also put a hold on property possessions.

While well intentioned and - as mentioned - aimed at preventing thousands of people from becoming homeless, there was no financial aid from the government to support landlords and letting agents.

The property industry has been left in limbo unable to collect rent or recoup costs. And unable to do anything about bad tenants who would have otherwise been evicted had the pandemic not struck.

A week has now passed since the stay on possession proceedings was lifted. This means you can take action against non-paying tenants again.

Re-starting existing cases

You will have until 29th January 2021 to file a Reactivation Notice or the claim will be stayed without need of making a separate application to the court.

If there has been any case management directions, a party filing and serving a Reactivation Notice must propose new dates for directions, or state that no new directions are required.

Starting new cases

No new claim for possession should be started without careful efforts to reach compromise.

While this may seem frustrating, remember that the pandemic may have affected your tenants and may in fact avoid the need for further court proceedings.

With that in mind, regulations both in England and in Wales provide longer possession notice periods before claims can be issued.

All cases

For some of you, claims have been postponed for 6 months due to the stay. For mortgage lenders this was made worse by regulations postponing claims until 30th October 2020. No doubt this is welcomed by Landlords that may have faced problems paying their mortgage due to non-paying tenants. And even then, claims will need to proceed in an orderly sequence with proper conduct and best practice.

Again, to limit evictions and curtail a rise in homelessness, the National Residential Landlords Association has produced an action plan. This will help to manage arrears and avoid possession claims.

The document sets out 9 key pieces of guidance landlords are encouraged to follow.

The guidance also sets out five steps landlords should take before notice is issued.

Guidance from the Ministry of Housing similarly encourages discussion, advice and compromise between lenders, landlords, borrowers and tenants.

Court proceedings are viewed as a last resort. Obviously, this isn’t what many want to hear but the message is clear.

The Courts

First and foremost - only courts that can accommodate socially distanced hearings will be used. Courts will be following health guidance from PHE and the government so it will likely change in line with the pandemic.

While every effort will be made to get through as many possession proceedings per week prior to lockdown, the health and safety of all in attendance must come first.

Additional cleaning and strict policies on movement and interaction with personnel will apply. Where time is lost due to deep cleaning between proceedings, additional promises will be used.

The plan is for District and Deputy District Judges to sit extensively at court centres. This is to allow for consistency and apply their extensive knowledge to what could be a number of complex cases. Especially those that have arisen directly from the pandemic.

Enhanced information

Because there is a huge emphasis on mediation and settlement over possession proceedings, claimants are expected to do all they can to avoid it.

As such in all instances, claimants are now required to set out the effect of the pandemic on the defendant and their dependants.

In other words, you will need to state what effect the pandemic has had on your tenant. The same applies to lenders in respect of borrowers. This allows the court to establish context. Cases that are a direct consequence of the pandemic will be marked as such.

The rules now also contain requirements in appropriate cases for an updated rent account for the previous two years.

Court communications will emphasise to a defendant that if he/she has difficulty in completing the forms for a defence, a short statement explaining his/her circumstances and why an order should not be made will suffice.

What this means for you

In short - as far as the court is concerned, legal proceedings should be the last resort.

However, that doesn’t help your business or meet your financial obligations.

While a settlement is (almost) always better than court, these new measures are primarily designed to help ease the strain on the courts.

Without being cynical, the courts would sooner see landlords sort matters out for themselves to ease the case load.

But that causes problems of its own. Without legal advice or representation, negotiating a settlement with someone who likely won’t pay could come back to bite you. Especially if it’s a verbal agreement.

Bad tenants are unlikely to pay no matter what the circumstances. Therefore, it’s important to be in a position to take action should you need to.

Engaging with a solicitor who specialises in property law means you will have the best advice on how to approach any settlement negotiations. You will also be able to take immediate action should those negotiations breakdown.

It’s also really important that you keep detailed records of everything. From emails to text messages, to invoices. If things do progress to court, you will make sure you have all your documentation in a bundle ready to submit for review. Keeping your records up to date will save you a lot of time in this regard.

Note you are required to submit a copy of your bundle to the defendant as well. So you need to be very sure that everything you are saying is factually correct.

Remember, you will have to submit what is essentially a COVID impact assessment on the defendant too. So any dishonest or misleading information on your part would be looked on unfavourably by the court.

Again, work with a solicitor to ensure that your bundle is robust and accurate to give yourself the best chance of a positive outcome and avoid any further delay.

Where to go from here?

The first thing you should do is to seek legal advice. They will be able to help you fully understand the changes and what you will need to do to collect monies owed or pursue possession proceedings.

They will be able to review each of your properties, recommend a course of action and support you through the process.

They will also be able to advise you on how to approach mediation and settlements if that is deemed the best option for you.

A solicitor can draft any agreements and issue them on your behalf to give you the best chance of recouping lost revenue.

And if it does end up going to court then you will already have someone on hand to help you through that process too.

If you are having difficulties with your tenants and need some advice, we are here to help and support landlords during the pandemic. Click the link below to learn more about our property law service and get in touch today.

Eviction Notices

c.jermyn@woodstockpropertylaw.com — Sat, 05 Sep 2020 10:35:25 GMT

FURTHER 6 MONTH EXTENSION FOR EVICTION NOTICES

The Bank Holiday is a distant memory but the changes to notice periods are certainly not.

We have summarised the changes below, but they are by no means simple. There could be further changes and there is no point second guessing, as anything is possible.

Let us live in the moment and deal with what is happening now…

Section 21 Notice

If a notice was issued and deemed served before Saturday 29 August it remains under the previous regime that existed up until that point i.e. notices in England deemed served on Friday 28 August 2020 would require three months’ notice while those served on or after Saturday 29 August would be six months’ notice. This now takes the requirement of section 21 notices having 6 months’ notice up until at least the 31 March 2021.

The provision which meant that proceedings must be issued within 6 months from the service of the notice has now been amended to 10 months which is at least some good news for landlords. This means you have 10 months to issue court proceedings on the s21 notice from when it is served.

The rules in Wales are slightly different and at present the requirement for section 21 is currently 6 months regardless. This, at present, is up to the 30 September 2020. However, it is likely that this will be amended further and extended in line with England.

Section 8

The Coronavirus Act 2020 made the notice period for any ground 3 months. This has changed and many grounds you can rely upon under section 8 will attract a 6-month notice period.

If you have sufficient evidence to make out a claim for possession under ground 14 (in conjunction to other grounds where notice is required i.e. ground 1 which currently has a 6 month notice period) it seems there is no requirement to provide notice. Ground 14 is relevant when the tenant or an occupier has caused nuisance or annoyance to their neighbours, the landlord or the landlord’s agent. It is important to stress that you must have sufficient evidence to support ground 14 claim. It cannot be used where there is insufficient evidence to leapfrog yourself to the front of the queue to avoid the notice periods.

The rules for rent arrears have been slightly amended. The notice period is just four weeks under grounds 8, 10 and 11 if the rent arrears exceed 6 months at the date of service of the notice. If there are less than six months’ rent arrears at the time of service, the notice period will be 6 months.

New Notices

The new section 8 and s21 notices can be found here: https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

Stay on proceedings

The current stay on eviction proceedings i.e. up to the 20 September 2020 remains unchanged by this latest announcement. It will be a case of 'watch this space' if the ban is extended further.

We know the changes are presenting testing times.

To try and simplify this further we have put together a table to summarises the key points:

Update for Landlords in Wales

Wed, 05 Aug 2020 12:56:22 GMT

Tough times for Landlords in Wales

The Welsh Government have announced a temporary increase in the notice period Landlords must provide when seeking to terminate an Assured Shorthold Tenancy. The required notice period has been extended from three months to six months unless the tenant is being evicted on the grounds of anti-social behaviour. The temporary extension applies to notices served under Section 8 and Section 21 of the Housing Act 1988 and the regulation is effective on notices served on or after 24th July until 30th September 2020.

Housing Minister Julie James when announcing the increase said: ‘The extended eviction ban is to further delay evictions during the ongoing public health emergency and to reduce the amount of eviction to homelessness at a time In which the local authorities are less able to respond.’

Further information can be found here https://gov.wales/written-statement-use-powers-under-coronavirus-act-2020

Discrimination

c.jermyn@woodstockpropertylaw.com — Thu, 23 Jul 2020 15:01:42 GMT

Discrimination and refusing tenancy application due to benefits

Discrimination in society has been an evolving topic lately, as we continue to challenge what is considered the norm.

Last week, discrimination in residential tenancies was under the spotlight, as a single mother won £2000 compensation against a letting agent on the grounds that they indirectly discriminated against her sex and disability for refusing to accept her as a tenant while claiming benefits.

The facts

The single mother in question has a disability and had been a tenant for many years with good references. While she was searching for a new tenancy, the letting agent sent an email to her confirming that they “have had a policy of not accepting housing benefit tenants”.

The single mother brought a claim against the letting agent for sex and disability discrimination under sections 19 and 29 Equality Act 2010 and for a declaration in the County Court.

The Law

It would appear that the letting agent settled the case with the single mother and the judge ordered the agent to pay damages of £3500 and costs. The District Judge also made a declaration stating that the agent’s former “policy of rejecting tenancy applications because the applicant is in receipt of Housing Benefit was unlawfully indirectly discriminatory on the grounds of sex and disability contrary to sections 19 and 29 of the Equality Act 2010.”

The Judge’s reasoning for the above is as follows:

Discrimination on the grounds of sex: “a No DSS policy puts or would put women at a particular disadvantage… As women are more than 1.5 times as likely to rely on Housing Benefit, and thus be excluded by a No DSS policy, than men.”

Discrimination on the grounds of disability: “a No DSS policy puts or would put persons who are disabled at a particular disadvantage… In the private rented sector, disabled households are almost three times as likely to rely on Housing Benefit, and thus be excluded by a No DSS policy, than non- disabled households".

What does this mean?

While the District Judge’s declaration is important and should be considered by letting agents, it is a County Court Judgment and, therefore, is not binding on other courts. This means that a blanket policy of refusing potential tenants who claim housing benefit is unlawful; however, agents can still refuse potential tenants who claim housing benefit.

Landlord's Remedies

c.jermyn@woodstockpropertylaw.com — Mon, 20 Jul 2020 10:17:08 GMT

Some interesting information if you are a Landlord

Following the enactment of The Corporate Insolvency and Governance Act 2020, we’ve created a handy (and more importantly) practical guide to help landlords of commercial property see at a glance, what remedies are available to them whilst the fall out of Covid-19 continues.

If you have any queries, please do get in touch with Simone Ritchie on 0330 0552 785.

Stamp Duty Holiday

c.jermyn@woodstockpropertylaw.com — Mon, 20 Jul 2020 10:17:06 GMT

The Chancellor announces temporary changes to Stamp Duty Land Tax

A home is the largest purchase that most people will ever make. When buying a residential property, you usually pay Stamp Duty Land Tax (SDLT) on increasing portions of the property price above £125,000. In the mini budget on 8th July 2020 the Chancellor announced an increase in the Stamp Duty threshold to £500,000, effective immediately until 31st March 2021, to assist the housing market in its recovery following the impact of the coronavirus.

What does that mean for you?

If you are completing a property purchased anytime from now to 31st March 2021 you will not need to pay Stamp Duty on properties up to the value of £500,000. More expensive properties will only be taxed on their value above that amount. Landlords and second home buyers are also eligible for the tax cut but will still have to pay the extra 3% of stamp duty they were charged under the previous rules. The savings are still significant.

The announced Stamp Duty holiday is unprecedented saving buyers thousands of pounds. The hope is to boost the flagging property market enabling quicker economic recovery. The Stamp duty holiday has provided an additional incentive to buyers and encourages buyers not to stall their impending purchase but to buy now. The temporary changes have been welcomed, however there is a concern there could be a slump in the housing market at the end of the stamp duty holiday. The changes are also not retrospective so any buyers that completed before 8 July cannot unfortunately take advantage of the savings.

Wales- No Licence! No Section 8 Notice!

c.jermyn@woodstockpropertylaw.com — Mon, 20 Jul 2020 10:17:04 GMT

Wales and licensing

Unlike England (at the moment), under Part 1, Housing (Wales) Act 2014 it is a requirement for a landlord of a residential tenancy for rent to be licensed or the landlord must have appointed a licensed agent.

The consequences of not complying means the landlord is unable to serve notice to terminate a tenancy.

A landlord seeking possession of an assured shorthold tenancy can seek to recover possession by serving notice under s8, Housing Act 1988 and relying on grounds for possession (for example rent arrears, grounds 8, 10 and 11). Alternatively (or sometimes in addition), a landlord can serve notice pursuant to section 21 of the Housing Act 1988 to seek possession based on the tenancy ending.

Possession may then be required through the courts and eviction through the bailiffs.

New important case – Jarvis v Evans

In summary, Mr Jarvis was the landlord for the tenants Mr and Mrs Evans. Mr Jarvis did not obtain a licence. The tenants did not pay the rent and consequently, Mr Jarvis served notice under section 8 of the Housing Act 1988. Court proceedings were commenced. At the hearing, the Judge held that as result of the landlord being unlicensed possession could not be obtained under s8 Housing Act 1988.

The landlord appealed to the Court of Appeal attempting to argue that a notice under s8, 1988 Act was not a notice to terminate a tenancy and the legislation referred to s21 but no reference to s8 notice. The landlord failed and it was held that the interpretation of terminating a tenancy should be given a broad reading and applied to all notices to recover possession.

The appeal was dismissed. Section 7, 2014 Act, should be given a broad reading and applied to any notice which was served for the purpose of enabling a landlord to recover possession, even if the notice itself did not achieve that end. It therefore applied to notices under s.8, 1988 Act.

The express prohibition on service of a notice under s.21 was explicable as a “belt and braces” approach, rather than any indication that the Welsh Assembly had intended to treat s.8 and 21 different.

What does this mean in practice?

Before serving a s8 notice (or any other possession notice) ensure the landlord is licensed or has an appointed a licensed agent to serve the notice or a solicitor. The Judge will be asking for evidence at court so any attempt to ignore this will fail.

Good news for landlords on Gas Safety Certificates!

c.jermyn@woodstockpropertylaw.com — Fri, 19 Jun 2020 14:58:31 GMT

The long awaited Court of Appeal Judgment on Trecarrell House Limited v Patricia Rouncefield brings good news for Landlords

Finally some goods news has been delivered to landlords by the courts.

The Court of Appeal has sided with landlords and, with a 2 to 3 majority, ruled that the landlord who served a gas safety certificate after the tenant took occupation of the property was not precluded from serving a valid section 21 notice to obtain possession.

The key point to note is that a valid gas safety certificate must have been issued before the tenancy began and the gas safety certificate must have been served before the section 21 notice was served.

We have however, worked with numerous landlords and agents who have carried out the gas safety checks and obtained a certificate but are unable to prove that the gas safety certificate was served on the tenant before occupation of the property, leaving them unable to gain possession of their property without instead having to prove grounds set out on Schedule 2 of the Housing Act 1988, such as non payment of rent.

The requirements of the Gas Safety (Installation and Use) Regulations 1998 remain of the utmost importance, but we are now in a position where a well intending landlord is not prevented from gaining possession of their property due to an administrative error or lack of solid evidence in respect of administrative processes.

The judgment comes as welcome news and peace of mind for landlords.

Buy To Let Mortgage holidays - Could extending have an adverse effect on future borrowing?

Wed, 03 Jun 2020 16:38:08 GMT

Liam Keighley, Director of Laybourne – Specialists in Property Finance gives us his expert opinion on the matter

In the specialist buy to let market where we look at portfolio landlords, underwriters primarily assess not just the rental received on the asset being mortgaged, but the landlord's wider portfolio, which they stress test to make sure the borrower can cope with any rate changes that might happen elsewhere. When doing this they assess the borrowers’ ability to cope with any rental voids that might happen and therefore impact the ability to service the loan they are currently applying for.

Although a mortgage holiday won’t impact an individual’s credit rating, as the payments aren’t missed, it’s our opinion that any lender that uses a manual underwriting process will see that the client was unable to cover a rental void on their portfolio and is therefore a risk to lend to.

We have seen applications declined where clients were re-mortgaging their properties but have taken a payment holiday. A lender cannot lend money to an individual if they are showing that they don’t have the ability to repay their current commitments as the FCA would class this as irresponsible lending.

We also have to be mindful of those landlords that have taken payment holidays with multiple lenders and then still received full rents. Lenders have looked at some applications and do not wish to support the clients’ applications as they have not paid their contractual sum despite having the income to do so.

Our advice is to only take a payment holiday when you have rental voids, no income to cover the payments and you have no intention of re-mortgaging or applying for buy to let mortgages in the future.

The chancellor assured us all that it would not impact your credit rating but never said it wouldn’t impact your ability to borrow. A credit rating is just one element to a borrowers’ ability to obtain mortgages.

All Fired Up - The rules regarding gas safety certificates and section 21 notices

Wed, 03 Jun 2020 13:55:40 GMT

Alex Giblett discusses the strict requirements regarding gas safety certificates and serving a valid section 21 notice.

In recent years, the requirements to serve a valid section 21 notice have become much stricter.

The Deregulation Act 2015 required landlords of all new tenancies created after 1 October 2015 and all existing tenancy agreements from 1 October 2018 to have served a gas safety certificate on the tenant(s) prior to the commencement of the original or renewal tenancy agreement. Additionally, landlords must have served a valid energy performance certificate ('EPC') on the tenant(s) prior to serving the section 21 notice. Therefore, to be able to serve a valid section 21 notice and commence possession proceedings, landlords must comply with both of the above mentioned requirements.

Woodstock Property Law has for some time been advising landlords of the risk of failing to obtain possession where they are unable to evidence that all required gas safety certificates have been completed and served during the tenancy.

The Government has recently introduced a new claim form to commence accelerated possession proceedings. This new claim form now requires landlords to not only confirm when the first gas safety certificate was served, but to confirm when every certificate was served on the tenant. It also requires landlords to provide a copy of every gas safety certificate and EPC served on the tenants.

In light of the above requirements, Woodstock Property Law continues to ensure that each gas safety certificate and EPC is thoroughly reviewed before proceedings are commenced. This is to protect the landlord's position and to minimise the risk of any potential delays and issues when possession proceedings are issued.

If you require further tailored advice with regards to serving a section 21 notice or commencing possession proceedings following service of a section 21 notice, please contact Woodstock Property Law and we will be happy to help.

Tenant Fees Act 2019 applies to all tenancies from 1 June 2020

c.jermyn@woodstockpropertylaw.com — Fri, 29 May 2020 09:20:48 GMT

Reminder - The Tenant Fees Act 2019 applies to all tenancies from 1 June 2020

The Tenant Fees Act 2019 came into force on 1 June 2019. The Act allowed for a 12 month transitional period, so that the Act would not apply to tenancies entered into before 1 June 2019. That transitional period is now over and the Act now applies to all tenancies, even those that existed before 1 June 2019.

The Government guidance can be accessed using this link and is certainly worth a read to refresh on the rules:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819634/TFA_Landlord_and_Agent_Guidance_190722.pdf

In short, unless the payment is one of the payments included in the Act as permitted then it is prohibited. The permitted payments include:

the rent
a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above
a refundable holding deposit (to reserve a property) capped at no more than one week’s rent
payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
payments associated with early termination of the tenancy, when requested by the tenant
payments in respect of utilities, communication services, TV licence and council tax; and
A default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement

There are also some practical considerations that need to be addressed:

Do deposits taken before 1 June 2019 above the 5 week cap need to be returned?

The Act only concerns itself with payments "made" after 1 June 2019. If the deposit was paid before 1 June 2020 then unless the tenancy is renewed, the deposit does not need to be adjusted or returned.

Can Landlord's still charge cleaning fees that were included in the agreement dated before 1 June 2019 when the tenancy comes to an end after 1 June 2020.

No. The payment would be "made" after the transitional period and would be considered a prohibited payment.

It is important that tenancies are reviewed for prohibited payments as, aside from the risk of a fine, any section 21 notice served whilst a prohibited payment has been taken and not returned is invalid. This could be a costly mistake when trying to obtain possession. The new accelerated possession claim released in April this year, requires confirmation that no prohibited payments have been taken.

If you would like to discuss the implications of the Tenant Fees Act 2019, then please get in touch and our specialised residential landord and tenant team will be happy to help.

Recovering possession after unsuccessfully surrendering the tenancy

Thu, 28 May 2020 22:01:50 GMT

What happens if the tenant refuses to vacate the property after agreeing a surrender?

A surrender is an agreement between the landlord and tenant (and possible also a guarantor) to bring the tenancy to an end.

The agreement (whether signed as a deed or simple contract) sets out the terms of the surrender, such as: when the tenant will vacate the property; what happens to the deposit; whether any money is owed to the landlord; and whether the tenant and guarantor, if any, are still liable for any breaches committed during the tenancy after the surrender.

Once all the necessary parties have signed the surrender and the tenant has vacated the property, the tenancy will be surrendered.

This is a useful tool for landlords and tenants to bring matters to a close on mutually agreed terms without the need for possession proceedings.

But, what happens when the tenant(s) signs the surrender and then refuses to vacate the property?

The landlord must still comply with their obligations as a landlord. For example, the landlord must continue to carry out necessary repairs and ensure that the tenant's right to quiet enjoyment is not breached. The tenant is also still obliged to continue to pay rent due until possession of the property has been recovered, as per the terms of the tenancy agreement and the Landlord cannot simply remove the tenant.

If the landlord wishes to recover possession of the property, the safest and easiest way to evict the tenant and to avoid a claim for unlawful eviction is still to serve a notice of possession (i.e. a section 21 or a section 8 notice) on the tenant and commence proceedings once the notice period has expired.

The surrender can be presented to the court to add further weight to the landlords claim, as they can rely on both the notice and the deed of surrender to obtain possession.

In order to avoid potential delays, the landlord should consider serving the relevant notice before or alongside the surrender. Then, if the tenant(s) refuses to vacate the property on the agreed date, the notice period would have been counting down from the date of service and may have already expired once it becomes clear the tenant is not going to vacate as agreed.

Provided the relevant notice is served correctly, this allows the landlords to commence proceedings and recover possession of their property sooner.

Failure by a tenant to comply with an agreed surrender is rare, and they remain a great alternative to possession proceedings, especially now that the courts are likely to be facing a significant backlog of possession claims. They should however be carefully and tactically drafted to minimise the risk of default by the tenant, and tie up all issues in dispute between the parties where possible. Tenants should be motivated to vacate the property and avoid proceedings being issued against them.

For more assistance with recovering possession of a property or negotiating a surrender with your tenant then please contact us and we will be happy to help.

Can the stay on possession claims be lifted in the most exceptional circumstances?

Thu, 28 May 2020 21:34:57 GMT

Can the stay on possession claims be lifted in the most exceptional circumstances?

Following the Covid-19 outbreak, on 27 March 2020 Practice Direction 51Z was published imposing an automatic stay of 90 days on all possession claims and evictions. N o housing possession claims can progress to eviction during the 90 day period to ensure that the administration of justice, including the enforcement of orders, is carried out so as not to endanger public health and to prevent the spread of the virus.

There has however been a challenge to the lawfulness of this Practice Direction. In the Court of Appeal, Judgment has been handed down in Arkin -v- Marshall ruling that the 90-day stay on possession claims from 27 March 2020 was not unlawful because it was a pilot scheme and does not prevent access to justice. The Court of Appeal found that the Judge was correct not to lift the stay in this particular case. However, the Court of Appeal did not rule out that there might be the exceptional circumstances in which such a stay could be lifted.

If any landlords are suffering extreme hardship as a result of the 90 day stay, it is worth considering the argument in Arkin -v- Marshall, but it will be left to the Judge’s discretion whether the hardship amounts to exceptional circumstances in order to lift the stay.

Once the stay in possession proceedings is lifted the courts are likely to be dealing with a significant backlog of claims. If you have had a claim suspended or need to issue a new claim for possession, then it is crucial that that you follow the correct procedure. Mistakes could be more costly than ever.

If you wold like to discuss your claim for possession with the team or would like advice on how to make sure your claim is dealt with quickly and efficiently by the courts, then please get in touch and we will be happy to help.

We're hiring!

c.jermyn@woodstockpropertylaw.com — Wed, 13 May 2020 16:19:35 GMT

Lawyer: Debt recovery/fast track claims

At Woodstock we are really proud of how our fantastic team have worked through the challenges brought by COVID-19.

Life at Woodstock is very different to a traditional law firm. We deliver legal services with a fresh approach. Our focus is on top level IT, great personalities, a strong and fun team ethos and of course expert knowledge.

Our debt recovery and property litigation team is growing, and we are looking to further strengthen the team to support continued growth.

We are specifically looking to recruit a lawyer with experience in debt recovery and fast track money claims. Someone with the skills and motivation to manage a small team. Experience in residential landlord and tenant law/property litigation generally would be a bonus but is not essential.

This is a great opportunity for someone looking for a new challenge, great rewards and career progression. It's a chance to be part of something more unique in the legal world; a place that is exciting and growing.

If you fancy becoming part of our team then please send your CV to me by email: c.jermyn@woodstockpropertylaw.com.

If you would prefer to discuss the role in more detail before submitting your CV, then please feel free to contact me by email or by telephone (0330 088 5792) and I will be happy to have a confidential chat.

If you are interested in joining Woodstock generally (perhaps on a consultancy self-employed basis) and not specifically the role above then I would also love to hear from you.

The property market has reopened!

Wed, 13 May 2020 08:38:53 GMT

Housing Secretary Robert Jenrick said: "This critical industry can now safely move forward, and those waiting patiently to move can now do so."

Following the end of March lockdown agents were forced to shut their offices, stop all in-person viewings, routine inspections and delay house moves where possible to reduce the spread of the virus. Whilst some agents did their best to adapt by offering services such as virtual viewings, there was an inevitable freeze to the housing market.

The property market is now thawing, and agents can resume their work thanks to an amendment to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

It is now possible to undertake any of the following activities in connection with the purchase, sale, letting or rental of a residential property:

(i) visiting estate or letting agents, developer sales offices or show homes;

(ii) viewing residential properties to look for a property to buy or rent;

(iii) preparing a residential property to move in;

(iv) moving home;

(v) visiting a residential property to undertake any activities required for the rental or sale of that property

This is great news and a key step to kick start the property market, which will no doubt be welcomed by agents, whilst continuing to observe social distancing.

If you have any questions relating to the sale, purchase of letting of your property then please feel free to contact the team and we will be happy to help.

Electrical Safety Regulations apply to all new tenancies from 1 July 2020

Wed, 13 May 2020 08:29:20 GMT

When do the Regulations apply?

The Regulations apply to all new tenancies on 1 July 2020 and for existing tenancies on 1 April 2021.

What are a landlord’s obligations under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020?

The Regulations require landlords to:

Have electrical installations in their properties inspected and tested by a qualified person at least every 5 years .

Provide a copy of the report to the tenants within 28 days of the inspection and test; and to the local authority within 7 days if requested.

Retain a copy until the next inspection is due.

Supply a copy of the last report to any new tenant before occupation, and any prospective tenant within 28 days of a request.

If the report requires works the landlord must undertake further investigative or remedial work within 28 days or within any lesser time period as specified in the report.

Exclusions from the Regulations

The exclusions are:

private registered providers of social housing
lodgers/tenants sharing accommodation with landlords or landlord’s family
long leases (more than seven years)
student halls of residence
hostels and refuges
care homes, hospitals and hospices and other accommodation relating to healthcare provision.

Enforcement

If the Local Authority has reasonable grounds to believe a landlord is in breach of its duty under the Regulations, they can serve a remedial notice setting out the breaches and the action required. The landlord must then take any action within 28 days of the notice being served.

A landlord is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served.

Where a private landlord makes written representations, the remedial notice is suspended until the local housing authority considers the representations and informs the landlord of the outcome.

If a landlord fails to carry out the required works, the Local Authority does have the power to carry out the works (with the tenant’s consent) and then recover the cost from the landlord.

If the Local Authority is satisfied beyond reasonable doubt that a landlord has breached the Regulations, then a maximum penalty of £30,000 can be imposed.

What happens if a landlord cannot carry out a check or follow up work due to the Covid 19 pandemic?

Despite the current crisis, landlords are still required to comply with the law. If a landlord cannot carry out their obligations, they must demonstrate they have taken all reasonable steps to comply.

If a landlord cannot gain access to the property due to the restrictions in place, or there are no available contractors to carry out the necessary work, it is recommended to keep all evidence of attempts to do so and any correspondence with the tenants.

Local Authorities and enforcement agencies have been encouraged to take a common sense approach to enforcement.

If you have any questions about your obligations as an agent or landlord then please feel free to contact the team and we will be happy to help.

Statutory demands temporarily voided for commercial tenants

Mon, 27 Apr 2020 14:07:04 GMT

Having already put a moratorium on forfeiture of business leases for non-payment of rent, the Government announced on 23 April 2020 that statutory demands and winding-up petitions issued to commercial tenants are to be “temporarily voided”; and changes are to be made to CRAR to protect commercial tenants further in the current emergency.

As for winding-up petitions based on inability to pay debts, the presentation of a petition and the making of a winding-up order will be barred where the company’s inability to pay results from Covid-19.

Also, CRAR will be banned unless 90+ days’ rent is unpaid. The effectiveness of CRAR as a debt recovery tool is immediately questioned.

It doesn’t prevent the landlord from issuing debt recovery proceedings or the parties agreeing to surrender the leases, but time will tell if either of those options occur in reality.

Full details will be in the Corporate Insolvency and Governance Bill and new secondary legislation.

Although the measures are designed to prevent “aggressive rent collection”, the question is whether it is a fair and balanced decision for both the landlord and the tenant.

The relief is however temporary and will expire on 30 June 2020 (unless extended).

If you wish to speak to Simone Ritchie about the issues that this raises or non payment of rent by your tenant generally, then before taking any action please feel free to email: s.ritchie@woodstockpropertylaw.com or call: 0330 055 2785 and Simone will guide you through the options available.

It's Quiz Time

c.jermyn@woodstockpropertylaw.com — Fri, 24 Apr 2020 14:05:41 GMT

Time to test your landlord and tenant knowledge

Anna Hughes has been busy putting together a Landlord and Tenant quiz to keep all of our lovely landlords and agents busy. No doubt you will all get top marks so be warned the next one will be harder.

https://www.surveymonkey.co.uk/r/K6VVGWX

Serving notice on your tenant during COVID-19

Fri, 24 Apr 2020 14:05:39 GMT

Can you and should you serve notice on your tenant during COVID-19

The simple answer is yes, you can serve notice on your tenant during the COVID-19. You must however give them 3 months notice whether you are relying on section 8 or section 21 and you must use the correct prescribed form.

The more complicated question is should you serve notice?

Serving notice on someone to end their tenancy during this unprecedented situation, which is causing untold stress financially and emotionally on most of the population, is unlikely to be an easy decision for most landlords. However, the reality is that landlord's too have financial pressures which will be exacerbated as a result of tenants defaulting on their rent.

Once any notice expires court proceedings may well be required to obtain vacant possession. It may also be necessary to instruct a county court bailiff. Given all possession proceedings have been suspended until at least 30 June 2020, when that suspension is lifted, there will no doubt be considerable delays in the already busy courts. The courts must first hear all of the claims adjourned during the pandemic before dealing with any new claims.

The harsh reality is that it could take several months to gain vacant possession. By serving notice early, you are able to protect your position and save valuable time, reduce the impact financially on you and also the liability for the tenant should possession proceedings sadly be needed.

However, what we would not advise on this situation is to serve notice without engaging in meaningful communication with your tenant. The objective should always be to avoid possession proceedings. We encourage landlord's to make it abundantly clear that the notice is served simply to protect their position and that where possible eviction will be avoided. Make it clear that you are there to assist, provide them resources to obtain advice for financial support and invite them to make proposals that suit you both to keep the tenancy going. Consider temporary rent variation agreements, rent arrears plans, or surrenders if that is instead what suits both parties.

If you need any help negotiating with your tenant or documenting the agreement you have reached then please feel free to contact the team. We have templates available and are also able to draft bespoke agreements.

Finally, if you do serve notice then make sure it is done correctly. An error under these new rules could cause even further delays.

Silence in the court

Fri, 24 Apr 2020 14:05:37 GMT

Judges muting parties during video hearings to maintain order

During the current situation with Covid-19 and as a result of new legislation now in effect, the courts have been forced to adapt to a modern way of working. As some judges have swapped their court bench for their court yard when working remotely from home.

Unsurprisingly, working remotely has in itself brought new technological challenges. For example, how can judges maintain order during proceedings when key parties misbehave several miles away at their own home?

Additional guidance published last week by the lord chief justice Lord Burnett of Maldon, master of the rolls Sir Terence Etherton and Sir Andrew McFarlane, president of the family division, explores the options available to assist judges when they conduct proceedings online.

In particular, the guidance states that IT specialists will explore whether there is a facility for people who misbehave to be muted by the presiding judge. If approved, I'm sure judges will be asking themselves, "Why couldn't I work remotely before?".

It is still unknown whether judges will have the ability to mute misbehaving parties during proceedings and whether it will be accepted by the public and professionals. Of course, we will keep you up to date when further information is known. However, it will be interesting to see whether the public will approve this somewhat radical idea or whether a mute-iny will arise (sorry!!).

For more information, please sign up to our blog.

Buying and selling homes during the coronavirus COVID-19 pandemic

Wed, 15 Apr 2020 20:09:12 GMT

Anna Hughes takes a look at the Government guidance and the practical issues of moving during the pandemic

This is no doubt a challenging time for the property market. Provided the Government guidance on social distancing is followed, there is no need to pull out of property transactions. The Government has however, urged parties to be flexible and to alter their processes during these unprecedented times.

The Government guidance that has been issued, states that home buyers and renters should, where possible, delay moving to a new house while measures are in place to reduce the spread of the virus. This does not mean that transactions cannot still proceed so long as they proceed in accordance with the guidance.

So lets look at the practical implications of the guidance

If the property is vacant

The guidance advises that you can continue with the transaction if the property is vacant, however the Government guidelines must still be adhered to in respect of trades persons, such as removal men.

‘Removers should follow the latest government guidance which currently (26 March 2020) state that work carried out in people’s homes can continue, provided the trades person is well and has no symptoms or coronavirus (COVID-19).’

If the property is occupied

The guidance advises that if contracts have already been exchanged and the property is currently occupied, all parties should work together to agree a delay when the social distancing restrictions have been lifted.

Furthermore, ‘If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus’ .

Moves deemed critical are currently exempt from the emergency police enforcement powers. However, the health and safety of everyone involved in the transaction remains paramount.

If contracts have not been exchanged, it is advisable to hold fire but ensure all of the paperwork is ready, so exchange can happen as soon as it is safe to do so.

If completion does not take place after contracts have been exchanged due to Covid-19, the parties not completing will be in default. This can result in notices to complete, penalty interest and the loss of a deposit. All parties must be aware of the risks associated with the transaction during this time.

What if an extension goes beyond the term of the mortgage offer?

The guidance advises that ‘ All mortgage lenders are working to find ways to enable customers who have exchanged contracts to extend their mortgage offer for up to 3 months to enable them to move at a later date. ’

Can properties still be advertised?

Properties already on the market can still be advertised and offers can still be accepted during the pandemic. To prevent the property market coming to a standstill, agents and solicitors are finding new ways to swiftly adapt. For example, we are seeing agents setting up virtual viewings of properties. Solicitors have also been working hard to re-negotiate completion dates to protect their client’s position and to prevent as much disruption as possible.

What if a property is not on the market yet?

Despite offices being closed, agents can still assist buyers and vendors remotely. Although they cannot actively market the property as no visitors can enter to conduct EPC assessments, valuations etc, they can still get everything together ready for when the guidelines on social distancing are relaxed.

So transactions can still go ahead; they may just take longer during this difficult time and must be carried out using pragmatism and common sense.

If you would like to take a closer look at the Government guidance it can be accessed using this link:

https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

Commercial Landlords the ‘Furlough’ question?

Wed, 15 Apr 2020 20:05:54 GMT

What should a landlord do if they are approached for a rent reduction?

With many commercial tenants in financial difficulty with little or no income and no ability to adapt their business e.g into takeaway foods, the last thing any commercial landlord wants is an insolvency leading to an empty commercial property with little chance to relet.

So, what should a landlord do if approached by a tenant for rent relief?

Most retail shops, unless selling food, medicines or other essential goods, are going to be badly in need of assistance. The same applies to many manufacturing premises, but what about the service sector?

Lawyers, accountants and financial traders may have certain sectors of their business collapse, (residential conveyancing being an obvious example), but other sectors such as family, wills and probate may be showing an upturn.

What is clear is that many professional offices have taken advantage of the ‘furlough’ opportunity to cut overheads and receive Government support for 80% of salaries up to £2,500 per month for an initial three-month period. As salaries form a large proportion of any business overheads it may, in some cases, be used to preserve profits rather than it’s intended objective of retaining jobs. Liverpool FC with their ‘about-turn’ on the use of furlough, as they are one of the wealthiest football clubs in the world, is an extreme example.

It is also worth bearing in mind that there are business rate, VAT and PAYE holidays available to preserve many business cashflows.

In my view then, any landlord approached for a rent -holiday should as the following questions:-

Please supply evidence of your reduction in income?
How many staff have you furloughed and what is your saving in wages?

If the tenant is not prepared to offer such information, then it is reasonable to assume that their finances are such that their business is sustainable in the short-term and refuse any rent reduction. After all, when granting a lease, a landlord reasonably asks for references and financial information, so such a request is also reasonable.

Once in possession of all the financial facts the Landlord can make a value judgment on a rent holiday reduction or rent deferment until times are better.

Any such agreement should be in writing and ideally in the form of a Deed of variation of the lease.

We will, of course, be happy to provide advice in such circumstances.

Working with students during COVID-19

Wed, 15 Apr 2020 20:04:00 GMT

Campus is closed but what does that mean for private student accommodation?

We have been contacted by a significant number of landlords and agents trying to deal with university students who no longer require their private rental accommodation with university campuses closed and students being moved online to complete their studies.

There is an alarming amount of misunderstanding by student renters, their parents and guarantors about the continued liability under the terms of the tenancy. Whilst university accommodation providers may have terminated the contracts for the student tenants, where private landlords are concerned, t he legal position remains that the student tenants are liable for the payment of rent until the end of the fixed term of the tenancy, whether they remain in occupation or not. The same rule applies to all tenants during the pandemic.

Whilst it is extremely frustrating to students to have to incur the significant cost of accommodation which they no longer have a need for or are unable to occupy safely through no fault of their own, it must be remembered that large numbers of landlords of student accommodation rely on the rent paid as their only source of income, which could disappear overnight if students simply walk away from their obligations.

Communicate, evaluate and negotiate

Whilst the legal position is clear, it is crucial that the parties communicate and see if a resolution can be met which suits both parties.

Ask the following questions:

Is the property safe to occupy in accordance with social distancing measures?
Can the landlord obtain a mortgage holiday?
Can the landlord afford to pay the increased payments to ensure the mortgage is cleared by the end of the term?
Does the landlord have any other source of income?
Is the landlord able to re-let the property or make use of Air BnB.
Are the students still receiving income from their student loan or part-time jobs which allows them to meet their rental liability?
Are there guarantors in place and are they still receiving an income?
Can the deposit be released in full to the landlord?

Once the parties have set out their respective positions, then it is open to the parties to negotiate either a full surrender of the tenancy (bringing the contract to an end) or alternatively, a rent reduction, balancing the impact on both parties, neither of whom is to blame for the current situation in which they find themselves.

Each situation is different and it very much depends on the financial resources of of the landlord and tenant. What is key is that the parties communicate. No landlord wants an empty property and rent arrears accruing and no student tenant wants to start their working life with a debt or worse a, CCJ hanging over their heads.

If you need help negotiating with your landlord or tenant then please contact us and we will be happy to offer you some guidance. We also have template documents available to help you properly document any agreement reached, which will protect you in the event the other party defaults.

Finally and most importantly stay safe

COVID-19 brings "rent free" confusion

Wed, 15 Apr 2020 20:00:35 GMT

The Government need to urgently clarify guidance on payment of rent during the COVID-19 pandemic

The Government has moved quickly to put in place new legislation (Coronavirus Act 2020) and guidance protecting renters from being evicted from their homes during the coronavirus crisis.

The problem is that the legislation and guidance has been widely misconstrued by renters in the private rental sector, with tenants considering it an automatic rent free period, which is not the case.

Landlords can apply for a mortgage holiday on their buy to let mortgage, if, they are struggling to meet their mortgage payments because their tenants are unable to pay the full amount of rent due or any rent at all. The mortgage holiday is not guaranteed and the landlord will still have to repay the sums due spread out over the term of the mortgage.

It must be remembered that many landlords do not have mortgages and rely on their rental income as their only source of income.

It must also be remembered that not all tenants are financially impacted by the coronavirus pandemic.

We have spoken to many landlords and agents with tenants financially impacted by coronavirus. The majority are communicating and working with their tenants to agree rent payment holidays, surrenders of the tenancy or rent variation agreements, for example reducing the rent by 20% for employees that have been furloughed by their employer.

What is key is that they are communicating. However, tenants must be aware that unless a landlord agrees to write off the rent due during the coronavirus period, then the rent remains payable.

The last thing we would all want to see is huge volumes of litigation against misinformed tenants.

The message needs to be clear: if you can pay your rent then you should pay your rent. You should not assume that your landlord would benefit from a mortgage repayment holiday or that they can survive financially without your rent. If you are unable to pay your rent then communication is key. Talk to your landlord or agent and discuss the options.

We have been busy working on template letters and agreements to assist landlords. If you need any help then please contact the team and we will be happy to assist you.

Communicate don't litigate and stay safe

New practice direction for housing possession claims and what it means for landlords

Fri, 03 Apr 2020 16:31:02 GMT

The Master of the Rolls and the Lord Chancellor have signed Practice Direction 51Z (PD) staying all possession matters that are ongoing for a minimum of 3 months during the COVID-19 pandemic. The PD is effective from 27th March 2020.

This means that all housing possession claims and all proceedings seeking to enforce an order for possession by a warrant or writ of possession are stayed for a period of 90 days from 27th March 2020. This date can be extended if needed.

Even though court action cannot be taken there are still some options available to landlords. You can read about the alternatives to possession proceedings during this period here -

https://www.woodstockpropertylaw.com/covid-19-impact-on-the-private-rental-sector

The pandemic does not mean a rent free period for tenants. There is support available for tenants who find themselves facing financial hardship. In the first instance tenants are encouraged to discuss with their landlord if they are genuinely unable to pay some or all of their rent.

The Government has introduced a strong package of financial support, which includes: -

The pre-action protocol requirement will be extended to private rented sector. This will help landlords and tenants to agree reasonable repayment plans where rent arrears may have arisen.
The Chancellor announced the Government will pay up to 80% of a worker’s wages, up to a total of £2,500 per month, where workers are placed on the Coronavirus Job Retention Scheme.
Self employed workers can claim a grant through the Coronavirus Self-employment Income Support Scheme
Both Universal Credit and Housing Benefit will increase and from April, Local Housing Allowance rates will pay for at least 30% of market rents in each area.
There are also grants for businesses who pay little or no business rates
For self employed workers there is a deferral of Self Assessment income tax payments due in July 2020 and VAT payments due from 20 March 2020 until 30 June 2020

Some landlords have obtained a ‘mortgage holiday’ during this crisis. This does not mean that there is any free money. Landlords will still need to cover this amount, either through increased monthly repayments or increasing the mortgage term (which means paying more interest over the term of the mortgage).

Therefore, tenants must still continue to pay their rent where they can. In many cases the COVID-19 outbreak should not affect a tenant’s ability to pay rent. If there is an impact, then as a result of the Job Retention Scheme and the Self Employed Income Support Scheme, it is not unreasonable to expect tenants to pay at least 80% of their rent.

We appreciate that the support is not available for everyone and for those genuinely facing hardship we encourage landlords and tenants to work together during this difficult time.

Communicate, mediate, don't litigate where at all possible and stay safe.

Right to rent checks during the coronavirus pandemic

Fri, 03 Apr 2020 16:30:58 GMT

New guidance released on carrying out right to rent checks

The right to rent checks have been temporarily relaxed during the Covid-19 pandemic.

It remains an offence to knowingly lease premises to a person who is not lawfully in the UK. Normally landlords/agents should obtain and check all adults’ original acceptable documents to ensure they have a right to rent in the UK before letting the property. It should then be verified in the presence of the holder to verify the document is genuine. However temporary changes have been made to ensure that the social distancing guidelines are adhered to, to prevent the spread of the virus.

As of 30 March 2020 the following temporary changes have been made:

checks can now be carried out over video calls
tenants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals

If a prospective or existing tenant cannot provide any of the existing documents the Landlord’s Checking Service should be used. A response will be received within 2 days and a copy of the response must be retained.

To carry out a right to rent check during the temporary measures landlords or agents will need to:

Ask the tenant to submit a scanned copy or a photo of their original documents via email or using a mobile app.
Arrange a video call with the tenant – ask them to hold up the original documents to the camera and check them against the digital copy of the documents.
Record the date you made the check and mark it as “an adjusted check has been undertaken on [insert date] due to COVID-19”.

When these measures are lifted retrospective checks must be carried out on tenants who started their tenancy during this period, or on tenants who require a follow-up check during this period. Notification will be provided when the measures are lifted.

The check must be marked “the individual’s tenancy agreement commenced on [insert date]. The prescribed right to rent check was undertaken on [insert date] due to COVID-19.”

The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records.

The Government’s guidance can be found here:

https://www.gov.uk/guidance/coronavirus-covid-19-landlord-right-to-rent-check

Stay Safe

Thu, 26 Mar 2020 19:17:52 GMT

From all the team at Woodstock

We have a great team at Woodstock , who have all embraced the change and worked together to make sure we continue to deliver a great service in what is an extremely difficult time for our clients, suppliers, our team, our families, the county and the world as a whole.

From Paula tucked away in an office in the middle of a farm field, Frank in his attic and Rosie rather fortunately overlooking the beach at Sandbanks, we are all up and running and assisting landlords and agents through this extremely challenging time.

We have been handling adjourned cases, keeping up to date with the rapid changes in the law and practical implications of our work. The team are tasked with thinking outside of the box as the rules we have been governed by for so long and the practices we adopt, have changed over night and will continue to do so. The team are doing a fantastic job offering support and great practical guidance to each other and our agents and landlords.

The agents we work with are delivering as well, with experienced agents really coming into their own using their skills to navigate their landlords through this challenge and keep the crucial lines of communication open with their tenants. Our team at Woodstock are working closely with them to support them in their efforts.

It's been a tough few years for those working in the private rental sector but it has no doubt made us more resilient. So lets consider this the next challenge .

We will continue to support our clients and agents and keep you all updated with the changes in the law and the practical impact of COVID-19 on the private rental sector. If you have any questions or need assistance then do not hesitate to contact the team by email (contact@woodstockpropertylaw.com) or by telephone (0330 088 5792)

In the meantime, stay safe, stay home and take time to enjoy the simple life, the sunny blue skies, the quietness and some time with your loved ones.

From all the team at Woodstock we wish you and your families all the best in this very challenging time.

Coronavirus Bill 2020 - what does it mean for Landlords?

Thu, 26 Mar 2020 19:17:50 GMT

Three months notice to be given the tenants

On 18 March 2020 it was announced that the Government intended to introduce emergency legislation to suspend all new evictions from social or private rented accommodation during the COVID-19 outbreak crisis.

It was originally advised that no new court claims for possession could be issued for at least a 3 month period; and at the end of that period landlords and tenants should work together to establish an affordable repayment plan. The press release also indicated that the Pre Action Protocol on possession proceedings would be widened to include private renter.

The position appears to have now changed....

Rather than a blanket ban on possession claims, the Government appears to have taken a more simplified approach. The draft legislation released simply extends the period of notice to be given in a notice seeking possession to 3 months.

So any section 8 or section 21 notice served after the commencement date of the legislation, must give the tenant at least 3 month notice before proceedings can be issued. There is also provision for the Government to extend the notice period further for up to 6 months due to the uncertainty of the pandemic.

It appears that notices issued before the commencement date of the legislation will still be valid and can be issued at court. However, there seems to be some confusion currently in the courts whether they should still be issuing these claims . We have in fact had a set of proceedings returned to us today on that very basis. However, we are all finding our way through this unprecedented situation, the courts included. We hope therefore that once the legislation comes into force, the courts will have received appropriate guidance and these claims will be issued.

If you want something to read in between the raft of COVID-19 memes, then the draft law can be found below. We expect that the final version will not be released until at least Friday 27 March 2020; so it is important to note that the law could be subject to further change.

https://publications.parliament.uk/pa/bills/cbill/58-01/0122/amend/coronavirus_daily_cwh_0323.55-60.html

So what about existing cases that have already been issued?

Following the recent Government guidance on social distancing, the court is now actively adjourning all face to face possession hearings. The key concern with possession hearings is the bulk listings, which inevitably mean a lot of people are sat waiting in the courts to go before the judge. This creates an environment which is almost impossible to practice effective social distancing.

It is not all bad news though, as we have been informed that hearings may be relisted to be heard by phone or video link instead.

What if you have a possession order and the tenant doesn’t vacate?

Practically, in the current crisis, and the restrictions in place, it is extremely difficult for someone to move from one home to another. It is likely therefore, that a significant number of tenants won’t vacate as ordered by the court.

Bailiff appointments have unsurprisingly been delayed until it is safe for appointments to resume. The same goes for appointments with High Court Enforcement Officers.

That being said, there is nothing stopping a landlord for applying for a warrant of possession and requesting an appointment as soon as it is considered safe to resume normal practice. It is perhaps a case of getting yourself to the front of what will be a very busy queue.

There will no doubt be a will further increase in the time landlords have to wait for an appointment with the bailiffs. Landlords should therefore consider making an application for permission to transfer enforcement to the High Court to enable them to use a High Court Enforcement Officer which would no doubt provide a faster route to obtaining possession.

Communication is key

Tenants should not view this as a rent-free period. Whilst we do urge landlords to consider tenants’ circumstances during this difficult time, the rent remains due. It is strongly recommended to keep the lines of communication open and landlords should assist tenants where possible, for instance, by agreeing interim rent reductions or a surrender of the tenancy.

As always, the team at Woodstock are here to help you through this extremely difficult time. We are up and running as usual and here to assist you with any queries you may have. Please do not hesitate to get in touch with us, whether you require any advice on issuing notices, negotiating with your tenant or you would simply like to chat about something non Covid-19 related!

Most importantly, we wish you all well and we hope you are staying safe.

COVID-19 and Commercial Leases

Thu, 26 Mar 2020 19:17:49 GMT

This is a subtitle for your new post

We are operating and living in unprecedented times. The guidelines from the government are changing on an hourly basis and we’re doing our best to try and provide you with the support you will need to weather this storm.

Offices, retail and industrial premises are experiencing significant interruption. Below are some issues to be aware of and practical tips to assist.

Rent abatement clauses

Could a tenant withhold rent payments if premises have to close? Unlikely. Whilst almost all commercial leases have rent abatement clauses, such clauses usually deal with premises becoming unfit for occupation as a result of some form of damage to them, for which the landlord is insured. It is very unlikely that existing clauses in a commercial lease would be triggered as a result of the premises being uninhabitable by virtue of Covid-19.

Keep open clauses

Many retail and leisure leases contain an obligation to remain open. Many allow closure where remaining opening is no longer possible due to force majeure events, which should (!) cover closure due to COVID-19, particularly where tenants have a duty to protect the health of their staff.

If they don’t, it would be very difficult to enforce “keep open” clauses unless the tenant is the anchor in a scheme. Landlords could seek damages for failing to open but it is difficult to prove and presumably even more so where other tenants are also closing for the same reasons.

Care needs to be taken in turnover rent (and some other) leases where they contain a penalty for closure in breach of a “keep open” provision. Some leases allow the landlord to charge 25% or more of base rent as a penalty and, in turnover rent leases, even if no penalty applies, you may still pay a turnover rent based on an average daily turnover for days closed in breach of these provisions rather than no turnover rent at all.

However, where closure has been enforced by the Government, the court may not enforce payment of any penalty.

Is Covid-19 a ‘frustrating’ event?

Could a tenant potentially get out of its leasehold obligations altogether given the current pandemic? Legally, it’s highly unlikely. Brexit created the leading case on the contractual doctrine of frustration, involving Canary Wharf Limited and the European Medicines Agency (EMA). EMA argued that Brexit would frustrate its lease as it would likely have to relocate. The High Court disagreed. The fact that the lease contained alienation provisions (common in commercial leases) that would allow the tenant to dispose of the lease if it could no longer continue its operations in the UK, militated against the argument that the lease was frustrated.

A pandemic is arguably less persuasive as a frustrating event. Although pandemics are rare, are they entirely unprecedented? Could they quite easily be held to be within the contemplation of the parties at the time the lease was granted?

Insurance

Tenants should check their insurance policies as to whether losses due to viruses are covered. Companies may well have the following insurances which they may wish to check:

General Liability insurance;
Business Interruption policy (either a standalone or part of a General Liability policy attached as an endorsement);
Crisis Management insurance; and
Mitigation insurance.

However, early indications seem to be that COVID-19 is not covered but it may be possible to make a claim for losses by act of God if this clause/risk is in the policy.

Rent and service charge

Refusing to pay rents would entitle the landlord to either forfeit (terminate) the lease, issue a petition to wind up the tenant company, instruct bailiffs to collect goods of the value of the lease rents or make claim for losses/payment in the courts. There is a difference whether practically a landlord will forfeit leases and be left with voids they can’t fill (and be liable for rates).

Parties should discuss potentially agreeing:

monthly rental payments rather than quarterly;
a moratorium on rental payments for 3–6 months. If the landlord objects to a moratorium, the tenant could suggest that those rental payments are then spread over the following 6 months once all has returned to normal;
a reduction in rent; or
that the rent is permanently or temporarily converted to a turnover-only basis.

Landlords closing centres and common parts

If a landlord closes a centre or any common parts, you will need to check the lease as to the landlord’s obligations and any potential claims. Certainly, in this case, your service charge payments should be reduced or suspended, but again tenants will need to check their leases.

Going forward, force majeure clauses allowing termination, or at least closure, and providing for the cessation of rents should be included in all new leases.

Communication, communication, communication

Landlords and tenants MUST work together, communicate and compromise whilst dealing with COVID-19. Be honest, have brave and difficult but most importantly transparent conversations. This might result in the parties co-operating beyond the realms of the traditional landlord and tenant relationship in order best to preserve their respective interests.

If you need assistance in what, how or when those conversations should take place, or to discuss your options in more specific detail, we’re available to assist.

We’re able to take phone, video or conference calls and will work hard to assist you in navigating through this very difficult situation.

Please email s.ritchie@woodstockpropertylaw.com or call 0330 055 2785 if you wish to discuss this further.

COVID-19 It's good to talk

Thu, 26 Mar 2020 19:17:48 GMT

Alternatives to possession proceedings for residential landlords

The team at Woodstock have been busy helping landlords and agents consider their options during this extremely difficult time.

Now more than ever it is crucial for landlords to consider their options where possession proceedings aren't available or where they might not be the best option for landlord or tenant.

Our advice to landlords during this period (and tenants) is to communicate and discuss the options with your tenants, particularly where you tenant has otherwise been a good tenant who has or is likely to fall into financial difficulty as a result of COVID-19.

So what are the options?

Surrender: It may well benefit both parties to bring the tenancy to an early conclusion. Consider for example a tenant who is keen to move back in with parents and a landlord who could make use of Air BnB to accommodate individuals looking for a place to safely isolate. Or a student house where the students have returned home to live with parents, unlikely to return until the start of the next academic year and a property that the landlord wishes to sell and refurbish.

A surrender may well suit both parties and avoid the need to litigation. Communicate with your tenant and find out what their position is and the options available to them.

Rent reductions and settlement agreements:

Sometimes people just need a lifeline. Landlords should consider if where a tenant is part of government initiatives and therefore receiving 80% of their income. Landlord's should consider agreeing a temporary rent reduction on the same basis.

If the tenant is completely without income then the landlord could agree a repayment plan to commence once the relevant restriction on their work has been lifted or they have been able to find alternative employment.

These agreements should be well drafted in line with Government policy which as we know is rapidly advancing. Agreements should also consider the provision of appropriate evidence in support and allow for terms to be amended, all whilst protecting the landlords rights under the tenancy in particular in respect of gaining possession.

Should I still serve notice?

We would always recommend that a landlord serves notice alongside efforts to negotiate to protect their position should their well intended efforts fail. Good communication can prevent notices damaging the landlord and tenant relationship and can i fact go a long way to encourage a tenant to communicate. All notices served by Woodstock Property Law are supported by an informative letter setting out the legal position and encouraging communication.

If you would like assistance with dealing with your tenant and any accrued arrears, options for possession, settlements or surrenders then please contact our team and we will be more than happy to help.

Schools out for the summer....

Thu, 26 Mar 2020 19:17:44 GMT

SCHOOL CLOSURES – WHAT DOES IT MEAN FOR MY BUSINESS?

On 18 March 2020 the Government confirmed that from the end of the day on Friday 20 March all schools would close until further notice.

Advice was also given for nurseries and pre-schools to close in line with school closures. This decision took effect for all children apart from children of ‘key workers’ i.e. those individuals working in health care, food delivery, some production sites etc.

WHAT DOES THIS MEAN FOR MY BUSINESS?

Unless your business provides essential services your employees with children will no longer have fixed childcare arrangements in place. This means that there are likely to be disruptions to your business by way of your employees being absent from work.

WHAT DOES THE LAW SAY?

In the absence of updated guidance from the government we are left to apply the laws that we have in place. Presently if parent’s or carers experience childcare emergencies, they are entitled to take a reasonable amount of unpaid leave. The purpose of this leave is so that the parent or carer can make alternative arrangements for their children.

The difference in terms of the current situation, is that there will be very few options available to parents – particularly given that the government have expressly set out that grandparents (who usually fall within the vulnerable group) must not look after their grandchildren.

Arguably the reason for school closures is to isolate children from one another and from gathering in large groups. Therefore, any alternative arrangements will need to be bespoke and are, like toilet paper, going to be in low supply.

It would be welcomed for the government to provide an updated indication of what should be considered ‘reasonable’ in these circumstances. It seems likely that the definition of what is reasonable will need to be stretched and employers need to be prepared to be flexible.

At present any leave taken to look after family and dependents is usually unpaid leave – although some employers may offer enhanced terms, which will need to be considered on a case by case basis.

WHAT CAN I DO?

The best things that an employer can do are 1) prepare to be flexible where possible, and 2) keep lines of communication open with employees.

If employees are able to work from home and can do so effectively whilst caring for their children, then this may be a workable solution. If the children are quite young or need a lot of care then perhaps the employee’s working hours can be shortened and shifted around to accommodate this, for example once the children are in bed.

As always, it will be important to keep in contact with your employees and make sure they understand your expectations and business requirements

WHAT ABOUT PAY?

At present, time taken off to support family and dependents is unpaid, unless as an employer you have enhanced contractual terms.

If an employee is at home caring for children but is able to work and you agree to them working, you would need to pay them in the usual way or in line with any agreement made between you i.e. if caring for children will only allow part-time work, then you could agree that the employee is paid part time hours.

As an alternative, you can seek to agree that an employee take paid holiday instead of time off for family and dependents.

Remember, if you have an employee who is at home caring for children but they become sick or need to self-isolate, they will be entitled to statutory sick pay (or company sick pay if you have enhanced terms) and new rules mean that statutory sick pay will start from day one of either isolation of sickness.

If you have any questions on the impact of COVID-19 on your business or any other employment related questions, then please feel free to contact me and I will be happy to help you.

Compliance...Compliance....

Thu, 13 Feb 2020 20:29:46 GMT

As our compliance officer and often referred to as the fun Police, I thought it might be an appropriate time to provide a little reminder of some compliance obligations. Don’t blame the messenger…. get in touch and we can help you tackle the headache of compliance.

Client Money Protection Schemes

If you are a letting or property management agent in the private rented sector in England, it is common knowledge that an agent who holds clients’ money must join a ‘client money protection scheme’. By failing to do so may result in a fine of £30k. There is also the requirement to provide free of charge the certificate and display it in any office where you deal with the public and on your website. A failure to do this could result in a fine of 5k.

For some, a problematic requirement of the scheme is for agents to have an appropriate client account in place. Appropriate client account involves pooled client accounts, which in essence holds money for a number of clients in a single account. The issue with pooled accounts is that the funds belong to the client and not to the business. As a result this presents money laundering risks because client funds are put together and therefore how do you differentiate between each clients’ funds (said the bank manager).

This in turn has meant some banks are not prepared to offer this banking facility, meaning agents will not be able to comply with their legal obligations. Unhelpful. The Government has recognised these issues and has been working with the Joint Money Laundering Steering Group through UK Finance to update their guidance on compliance with the Money Laundering Regulations. It is hoped the forthcoming guidance from the Joint Money Laundering Steering Group will better help banks understand the low risk letting agents present, allowing them to continue offering pooled client accounts.

As it stands agents have until 1 ^st April 2020 to obtain a pooled client account. This date is fast approaching and for some agents whose bank are not keen why should they be penalised? Hence we now have draft regulations to amend this date to 1 ^st April 2021 . If the regulations are approved, you must make all r easonable efforts until 1 ^st April 2021 to hold client money in a client money account with a bank or building society authorised by the Financial Conduct Authority but with deemed compliance by 1 ^st April 2021. If the Amendment Regulations are not approved 1 ^st April 2020 will stand. You can find the Amended Regulations here http://www.legislation.gov.uk/ukdsi/2020/9780111192795 .

Fifth Money Laundering Directive

As of 10 ^th January 2020 the Fifth Money Laundering Directive came into force to try.. yet again… to tackle international corruption. This means high-value letting agency for commercial or residential property will now be brought into the scope of client due diligence if the rent is more than €10,000 (around £8,500) per month for at least one month of the tenancy and the tenancy is more than one month. This will include having to check both parties to the tenancy.

There will also be an obligation on those carrying out client due diligence to take reasonable steps to understand organisational structures. This includes understanding the ownership and control arrangements of trusts, companies, foundations or other such legal structures. Written records of how they did this should be kept and how they identified any beneficial owner and the person managing the structure. If there are any difficulties in carrying out these investigations, records must be maintained.

Where client due diligence is being conducted on an English or Scottish Company or LLP, the Persons Having Significant Control registers should be checked. If any discrepancies are found these must be reported., unless it is something minor such as a clerical error. The purpose is to see if names are missing on the register or the information is inaccurate. Guidance is available here to assist with this obligation. https://www.gov.uk/guidance/report-a-discrepancy-about-a-beneficial-owner-on-the-psc-register-by-an-obliged-entity

This will have a big impact where properties are being sold or purchased through trusts or companies, in particular those that have complicated set ups or are incorporated abroad.

Businesses that fail to comply with the M oney Laundering Regulations, may face civil penalties or criminal prosecution. This could result in unlimited fines and /or a prison term of up to two years .

If you have not already, take action now and comply with the Money Laundering Regulations. Being helpful folk at Woodstock, to guide you on your way, here are some practical steps to take (but are by no means exhaustive):

Appoint People

Your company must have a MLRO: Legally you must have a Money Laundering Reporting Officer (known as the MLRO). Technically their responsibility is just to receive reports from staff about suspicious activity, and where appropriate pass them on to the National Crime Agency (NCA).

Ensure Your Business is Registered with HMRC

Estate agents are regulated by HM Revenue and Customs in respect of their AML obligations. You must register the business with HMRC, and pay a fee.

The obligation to register applies to

all estate agency businesses, whether residential or commercial
property or land auctioneers
land agents
relocation agents, property finders, etc
in Scotland, a solicitors’ property centre
other businesses that provide estate agency services; this may include some asset management businesses, housing associations, letting or property management agents that offer estate agency services to landlord customers, and house builders with a sales office that offers additional estate agency services beyond the sale of their own construction units.

You don’t need to register if you are:

a lettings agent only carrying out lettings work
an auctioneer already registered with HMRC as a High Value Dealer
a solicitor carrying on estate agency work as part of that practice, not as a separate business.

Do a Risk Assessment

You must assess your risks: Your company “must take appropriate steps to identify and assess the risks of money laundering and terrorist financing to which its business is subject.”

You must keep a record: You must be ready to provide to HMRC on request:

the risk assessment
the information on which it was based
an “up-to-date record in writing” of your risk assessment steps.

Draw Up (or Review) Your AML Policy

You must have a written policy. Your company must

maintain a record in writing of its “policies, controls and procedures to mitigate and manage” money laundering risks
regularly review and update these policies, controls and procedures
maintain a record in writing of any changes made as a result of the review
r ecord what has been done to communicate the policies controls and procedures to staff within your business.

In drawing up your policy consider some key issues.

In particular, who should do checks when you are engaged by companies, partnerships, LLPs, trusts, or by head agents, or other entities? The rules about them are tricky. So we suggest you get the MLRO to do the checks for those clients.

Review Your Customer Due Diligence Form

It is good practice to get staff to fill in a form when they carry out CDD. This helps explain their obligations and focuses their attention. Enhanced Due Diligence will be required when dealing with transactions from high risk third countries.

Ensure You Are Keeping Appropriate Records

You must keep records of both checks on clients and client transactions for five years from the end of the client relationship, up to a maximum of ten years. You must delete personal data when the retention period has expired unless various exceptions apply.

You must also keep other records, including your company’s risk assessment, its AML policy and changes to it, your steps to communicate your policy to your staff, and training.

Train Your Staff

You “must take appropriate measures to ensure that its relevant employees are—

(i) made aware of the law relating to money laundering and terrorist financing, and of relevant data protection requirements; and

(ii) regularly given training in how to recognise and deal with transactions and other activities or situations which may be related to money laundering or terrorist financing.”

You must maintain a record in writing of these measures and in particular, of the training given.

HMRC guidance indicates that training should be repeated at least every two years, and most businesses repeat annually.

There is quite a lot to do but as I say, here at Woodstock Property Law we can assist with your procedures and policies. Please contact me ( Paula) at p.hebberd@woodstockpropertylaw.com.

Last chance to donate...

c.jermyn@woodstockpropertylaw.com — Mon, 10 Feb 2020 10:32:55 GMT

Carly, Anna and Rosie are swapping their beds for a sleeping bag and hard floor to raise money for young people facing homelessness.

At least they have a warm home to return to, which is sadly not the reality for others. We are so close to our target and we would be grateful for any donations.

https://www.justgiving.com/fundraising/wpl#

Thank you

Please support us fundraising for LandAid

Mon, 03 Feb 2020 15:52:07 GMT

On 13 February 2020 Carly, Anna and Rosie are braving one night outside to raise money for LandAid, a charity for young people facing homelessness.

We would be extremely grateful for a donation of any amount. Please see our link below if you would like to donate:

https://www.justgiving.com/fundraising/wpl#

This year, 86,000 Young People
in the UK will be homeless, but what does that really mean?

Homelessness
is more than just sleeping on the streets. While this can be the most dangerous
and most visible form of homelessness, it is just the tip of the iceberg.

Homelessness
means not having a place to call home. Not having a place that is secure,
comfortable and affordable and where you have a right to stay.

Home Secretary pledges £4 million to local councils to tackle criminal landlords

c.jermyn@woodstockpropertylaw.com — Fri, 17 Jan 2020 18:28:56 GMT

Housing Secretary, Robert Jenrick MP, announces significant funding for over 100 councils across England, to enable them to better take enforcement action against landlords that break the law offering inadequate or unsafe housing.

to befair if Among the 100 councils to benefit, are 21 across Yorkshire and Humberside, Northampton, Thurrock and Greenwhich.

Each council has their own plan to utilise funding, but the focus appears to be on training enforcement officers; creating a 'Special Operations Unit', to take enforcement action against Landlord's still providing inadequate or unsafe housing; attending to the housing of young vulnerable tenants, ensuring they are in decent well maintained homes; and trialing new technology to identify homes that are particularly cold.

Housing Secretary Rt Hon Robert Jenrick MP said:

"This government will deliver a better deal for renters. It’s completely unacceptable that a minority of unscrupulous landlords continue to break the law and provide homes which fall short of the standards we rightly expect - making lives difficult for hard-working tenants who just want to get on with their lives.

Everyone deserves to live in a home that is safe and secure and the funding announced today will strengthen councils’ powers to crack down on poor landlords and drive up standards in the private rented sector for renters across the country".

The announcement demonstrates the Governments continued commitment to improve the standards of housing in the private rental sector. Councils already have significant powers, such as: improvement notices, civil penalties and banning orders etc But in order for them to use these powers they need sufficient resources. The Government claims that this injection of funding will help tackle the biggest obstacles facing the drive to improve housing in the private rental sector.

This announcement comes alongside a reminder that they will end no fault evictions and they will introduce Lifetime Rental Deposits. Changes are coming so Landlords, agents and all those working in the private rental sector, need to be prepared.

Source: https://www.gov.uk/government/news/housing-secretary-pledges-new-funding-to-crackdown-on-criminal-landlords

If you have any questions about your obligations as a landlord or have been served with an improvement notice by the council then please get in touch and one of our team will be happy to help.

Mandatory electrical safety regulations to be introduced in England

Fri, 17 Jan 2020 18:28:53 GMT

The draft Electrical Safety Standards in the Private Rented Sector (england) Regulations 2020 were proposed in Parliament on 14 January 2020.

The Housing and Planning Act 2016, gave the Government the power to let the Secretary of State make regulations regarding proposed mandatory electrical installations checks.

In accordance with that power, the draft Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, were yesterday laid before Parliament. These draft regulations further support the Government’s drive to improve the standard of housing in the private rental sector.

Whilst a lot of landlords and agents already carry out these checks voluntarily, the draft regulations require that, from 1 July 2020, all landlords and letting agents of new private tenancies in England, ensure that all electrical installations are inspected and tested for electrical safety by a qualified person prior to the start of the tenancy and then every five years after that. Failure to carry out these checks may result in a hefty fine of up to £30,000.

For existing tenancies in England, landlords and letting agents must ensure that the electrical installations are inspected and tested by a qualified person by 1 April 2021 and then every five years after this date.

Landlords and letting agents will also be required to provide a copy of the electrical safety report to the tenant following the inspection. If there are any problems outlined by the inspection, letting agents and landlords will have 28 days to remedy these issues.

We will keep you updated as the regulations to take their journey through the House of Commons and Housing of Lords, but until then 1 July 2020 should be a date for your diary.

If you have any questions about your obligations as landlord or as a managing agent of a property, then please feel free to contact the team and we will be happy to help.

Lettings company Director faces 6 year ban following failure to protect over £68,000 worth of deposits

Fri, 17 Jan 2020 18:28:52 GMT

Kelly Louise Forrester, Director of Clear Property (Clear Lettings Limited) in Exeter, failed to protect the deposits of over 54 properties from June 2016 to April 2019.

Having collected the deposits, Kelly Forrester spent the considerable funds on the running of the business instead of protecting them in a government-backed custodial scheme.

The misconduct was discovered by the Insolvency Service's investigations into Kelly Forrester's activities as Director following Clear Lettings entering into liquidation proceedings in April 2019.

Whilst the consequences for Kelly Forrester are clear, where does this leave her landlords? well, not only do her actions leave her landlords with no security for their property, she also leaves them open to a claim by the tenants for compensation under Housing Act 2004, and problems in obtaining possession of their property.

If, as a landlord, you have concerns about the protection of your deposit then we have an experienced team of specialists who would be happy to advise you.

Source: https://www.gov.uk/government/news/failure-to-safeguard-deposits-lands-lettings-boss-with-ban

Good news for pets!

Fri, 17 Jan 2020 18:28:50 GMT

The Government has announced an overhaul of model tenancy contracts to encourage landlords to rent to responsible tenants with ‘well behaved pets’

Tenants with pets have undoubtedly struggled to find properties, as landlords are not always keen to allow pets. The threat of damage to the property, potential flea infestations, nuisance to neighbours and having to get the property back up to standard for the next tenant, understandably makes some landlords reluctant to allow pets into a property.

The Government’s intentions are to revise the model tenancy contract to remove the restrictions on ‘well behaved pets’. The model contract will be provided by Government and will be the recommended (not required) contract for landlords to use when renting to tenants in England. We are expecting the template to be published sometime this year.

The Government advice is that a total ban should only be implemented where there is good reason. Consideration must be given to the suitability of having the pet in the property. Things to consider include, the size of the property, type and size of the pet, for example.

It should be noted that if the property is leasehold, there is usually a restriction on having pets in the lease, and a landlord will be required to comply with the terms of their lease.

Currently a clause prohibiting pets is subject to the Consumer Rights Act 2015, under which, the clause should allow the tenant to request permission to keep a pet and that request should not be unreasonably refused. Some landlords do amend their tenancy agreements to remove the clause allowing tenants to request permission in preference for an outright ban. However, in effect this renders the whole clause invalid and means there is no clause in the agreement stopping a tenant from keeping a pet! Instead, we would advise an amendment to the clause to request written permission plus additional conditions to be met, such as the tenant agreeing to make good any damage caused by that pet.

Housing Secretary Rt Hon Robert Jenrick MP said:

"Pets bring a huge amount of joy and comfort to people’s lives, helping their owner’s through difficult times and improving their mental and physical wellbeing. So, it’s a shame that thousands of animal-loving tenants and their children can’t experience this because they rent their homes instead of owning property.

So, I’m overhauling our model tenancy contract to encourage more landlords to consider opening their doors to responsible pet owners. And we will be listening to tenants and landlords to see what more we can do to tackle this issue in a way that is fair to both.

This is part of the Government’s mission to improve life for tenants, recognising that more are renting and for longer in life. We’ve already taken action, banning unfair letting fees and capping tenancy deposits, saving tenants across England at least £240 million a year, and I will continue to take more steps to secure a better deal for renters up and down the country."

Even animal loving landlords will have some concerns. The Government has already implemented the Tenant Fee Ban which caps the deposit at 5 weeks rent (if the total annual rent is less than £50,000). Landlords are prevented from taking a higher deposit in all circumstances and there are no special provisions or exemptions for pets.

Landlords and agents have attempted to circumvent the tenant fee legislation by increasing the rent for tenants with pets. 6 months into the ban. There now exists debate as to whether this is still in a breach of the legislation. ARLA are of the view that you can increase the rent. However Trading Standards (who have the ability to enforce the legislation) are of the opinion that taking increased rent for tenants with pets is wrong, and could be deemed a fee. They have advised to exercise caution, as the law is currently untested.

If a landlord does take on tenants with pets, it is advisable to have a signed pet policy setting out the terms upon which both parties agree, to protect the landlord and the property as much as possible. The team at Woodstock can assist with any pet clause or policy requirements, so please do not hesitate to contact.

Welcome to 2020!

Fri, 03 Jan 2020 16:28:18 GMT

Carly Jermyn reflects on 2019 and considers what's in store for 2020...

Welcome to 2020 from the team at Woodstock.

Reflecting back on 2019, it's been an interesting year for the team:

The residential landlord and tenant team have been working hard with landlords and agents to gain possession of properties as quickly and as efficiently as possible, whilst navigating the ever more complicated legislation and tough approach by the courts faced by those in the private rental sector.

Along with the standard cases, we have been dealing with obtaining possession of large HMO's, properties being used as brothels (more regularly than you would expect), cannabis farms and misused company lets being let to less then perfect tenants.

We have also been assisting landlords facing prosecution by the local authority for breach of improvement notices and prohibition orders, helping landlords avoid claims for unlawful eviction and agents with the huge changes brought in my the tenant fee ban.

Frank and Rosie in our debt recovery team, have achieved great results for landlords looking to recover rent arrears or losses arising from damage caused to their property. Making use of writs of control, tough negotiations on settlement and attachment to earnings orders, it's great to see landlords recover losses that they may otherwise have written off.

Frank has also had great success working with property management companies to recover unpaid service charge arrears.

Simone has been busy acting on an array of interesting property litigation matters, from disputed commercial lease rene wals to complicated block management disputes.

Peter Fowler continues to work on some interesting commercial and residential property transactions, from new burger bars to pubs and a remarkable number of new businesses being established! With the uncertainty of Brexit removed, perhaps we can be cautiously optimistic about commercial prospects for 2020.

We have also welcomed solicitor Amy Cousineau to the Woodstock team. Amy is a legal 500 rising star, bringing a wealth of talent to the team and offering a great resource in HR and employment law to new and existing clients. Many of the agents that Woodstock work with have been making use of Amy's experience which is great to see.

So what does 2020 have in store?

The team at Woodstock will be delivering more training for our clients and contacts working in the private rental sector. We will also continue to service our legal helpline, which now includes employment advice, courtesy of Amy.

Amongst other things we will be paying a close eye on the plans to abolish no fault evictions and the appeal of Trecarrell House Limited v Rouncefield (B5/2019/0499), which deals with the requirement to serve a gas safety certificate on tenants prior the commencement of the tenancy.

I'm sure 2020 will be as interesting as 2019, if not more so.

Ethical veganism is now a protected characteristic under the Equality Act 2010. So, what does this mean for your Business?

Fri, 03 Jan 2020 16:28:14 GMT

Vegans – eat your heart out! It turns out that being vegan isn’t just for January! A judge in the Employment Tribunal has ruled that being vegan, for ethical reasons, amounts to a ‘philosophical belief’ and is therefore protected by the provisions of the Equality Act 2010.

What does this mean for your business?

It means, ethical vegans now enjoy all of the protections from discrimination, harassment and victimisation as set out in the Equality Act 2010. Broadly speaking, this means they are protected from less favourable treatment because of their vegan beliefs and lifestyle.

The protection extends to the provision of goods and services, meaning that service providers like banks, cafes and shops must treat their ethical vegan customers fairly.

It is worth noting that protection is only afforded to vegans who practice veganism on ethical grounds and that vegetarianism is not protected. Nevertheless, the new ruling is far reaching and will have implications for almost all business owners and their staff.

Businesses must take steps to ensure ethical vegans are treated fairly. Protections for ethical vegans will apply broadly; employees and employment applicants are protected, as are customers and service users receiving goods and services.

For example, a staff canteen may need to provide a vegan food option and where an employer provides tea and coffee, it may now need to also provide for milk alternatives such as soy, oat or almond milk.

In certain circumstances, an employer may even need to consider its pension provisions and be ready to give ethical vegan employees a choice in investments, so that they can select funds that are guaranteed to be free from animal cruelty or environmental concerns.

Employers should educate their staff on this new protected characteristic so that harassment and victimisation on the grounds of ethical veganism can be prevented. Awareness and education will be key as an employer can be vicariously liable for the acts of its employees. In other words, an employer could be held to account if one of its employees harasses another employee or customer.

If you have any questions, related to the Equality Act 2010 or any other employment matter, then get in contact and we will be happy to help.

Queen's Speech December 2019: Renters' Reform Bill

Fri, 03 Jan 2020 16:28:12 GMT

The Government has announced the Renter's Reform Bill

The Renters’ Reform Bill seeks to introduce reforms designed to make the rental market fairer and more effective, improving power and security for tenants whilst balancing the need for landlords to gain possession of their property when they have a valid reason to do so.

There is nothing surprising in the Bill, which includes as expected:

the controversial scrapping of so called ‘no fault’ evictions by removing section 21 of the Housing Act 1988 and reforming the grounds for possession;

giving landlords more rights to gain possession of their property through the courts where there is a legitimate need for them to do so, by reforming existing legislation;

improving the court process for landlords, with the aim of making it quicker and easier to get possession sooner;

new lifetime deposits, avoiding the need for tenants to save for a new deposit every time they move;

continued development of the database of rogue landlords and property agents, empowering tenants to make an informed choice about who they rent from; and

greater powers to drive improvements in standards.

The key will be in the drafting of legislation and in the success of the court reforms, which is greatly needed. If the court reforms aren't up to scratch and the legislation is poorly drafted, removing section 21 from the Housing Act 1988 could be a disaster for the private rental sector. But, given the complications with section 21 and the pace that an accelerated possession claim now proceeds through the courts, if done properly, it could be a positive move.

Watch this space....

Residential Landlord and Tenant Seminar

c.jermyn@woodstockpropertylaw.com — Tue, 19 Nov 2019 12:53:09 GMT

Register your interest for our seminar being held in Dorset in the new year!

The team at Woodstock will be hosting a seminar on residential landlord and tenant law at the start of the new year to help our agents and landlords kick start 2020!

We will be covering various topics including: possession proceedings, recovery of rent arrears, leasehold management and key employment issues for agents and property owners.

Don't miss out. Send us an email to register your interest and we will send you an invite.

If you have any particular issues you need addressing or questions in advance then feel free to send the team an email: contact@woodstockpropertylaw.com

Being a 'fit and proper person'

Tue, 19 Nov 2019 12:52:10 GMT

The Housing Act 2004 requires the holder of a property licence to be a 'fit and proper person', so can a Landlord with spent convictions hold a property licence?

Waltham Forest London Borough Council made the decision to revoke or not grant housing licences under Parts 2-3 to the Housing Act 2004 for 36 residential properties owned by a Mrs Hussain and her husband following convictions for housing related offences.

T hose convictions had however been spent. Mrs Hussain and her husband took the matter to the Tribunal and it was for the Tribunal to consider the extent to which a conviction has become 'spent' under the Rehabilitation of Offenders Act 1974 and whether the council could take into account the behaviour upon which that conviction was based in deciding if Mr and Mrs Hussain met the test of a 'fit and proper person'.

The decision in this case (Hussain & Ors v London Borough of Waltham Forest [2019]) clarifies an area of law where there is very little authority and gives an indication as to how councils should exercise their statutory powers when considering the test that is in fact common to a variety of licensing regimes.

By way of background, Mrs Hussain pleaded guilty to 4 charges brought under Housing ACT 2004 s238 for knowingly or recklessly supplying false information regarding gas appliances. Mr Hussain also pleaded guilty to four charges under section 1 of the Forgery and Counterfeiting Act 1981 having fraudulently backdated gas certificates. Both in my view very serious offences.

The council took the view that the conduct underlying those convictions was relevant to determining whether they were deemed a 'fit and proper person'. Mr and Mrs Hussain took the view that the council should not be able to rely on those convictions to refuse or revoke their licences and that when the matter went to the First Tier Tribunal, they should not be able to rely on the evidence in respect of those convictions to support their decision to exercise their statutory duty.

The matter proceeded to the Upper Tribunal who took the view that the council were able to consider evidence of conduct that underlies those spent conviction. Essentially although the conviction is no longer legally relevant the underlying conduct is.

The case is key to licensing in the property sector and supports the drive to improve housing standards which, with the expected introduction of mandatory electrical safety checks and increased licensing, seems set to continue.

Magic Moments Charity

c.jermyn@woodstockpropertylaw.com — Tue, 19 Nov 2019 12:47:06 GMT

Anna and Rosie tackle the South Downs with Spicer Haart

On a rather wet and windy Saturday Anna and Rosie completed a walk for the Magic Moments charity with our friends at Spicer Haart. The walk took around 4-4.30 hours and they had to brave a lot of rain and mud!

It was all worth it though for this amazing charity dedicated to helping children suffering life limiting illnesses and their families. Magic Moments organises, just that, 'magic moments' to make youngsters' dreams come true, a sprinkle of much needed and deserved joy. Magic Moments also donates money direct to children's hospices across the UK so they can buy much needed equipment.

Its not too late to support their efforts. To submit any last minute donations for this worthy cause then please click on the below link. Any donations would be greatly appreciated:

https://www.justgiving.com/fundraising/paul-sloan7?utm_campaign=pfp-email&utm_content=Paul-Sloan7&utm_medium=fundraisingpage&utm_source=Sharethis&utm_term=8ZBNBRXw2.

Thank you to Spicer Haart for inviting the team and good luck with the rest of your fundraising!

Section 21 or Section 8 notice - which one to use?

Fri, 01 Nov 2019 14:42:58 GMT

The big question - which is the most appropriate notice to serve and what are the pros and cons of each?

This is a question we get asked a lot at Woodstock. Especially where there are rent arrears and the fixed term has expired or is soon to expire.

Historically, section 21 notices and the accelerated possession procedure were seen as the easiest and quickest way to get possession of your property, even when there were rent arrears. However, our experience at Woodstock is that this is not necessarily the case.

The law surrounding the service of a section 21 notice to obtain possession is complex. We are routinely seeing new issues being flagged up by judges at county court level, which puts these notices at risk of being considered invalid. For example: -

1. Agents failing to include the landlords full name and address at section 4 of the notice and instead putting c/o.

2. Failure to sign in accordance with the Companies Act

3. Failure to serve a GSC prior to the commencement of the tenancy.

The above, coupled with the increasing administrative pressure placed on the courts, means that not only are section 21 notices sometimes harder to get right, but when proceedings are issued, it can take a longer time for the claim to progress through the courts making them far less “accelerated” then they should be.

By comparison, when serving a section 8 notice, you are not required to have served an EPC, GSC or How to Rent Guide for the notice to be considered valid. Judges also seem to be less picky on some of the other issues raised above, presumably because possession is not being sought on a no-fault basis.

In addition, once a section 8 notice has expired, we are able to immediately issue proceedings online. In 9 out of 10 claims issued online, the hearing date is fixed and confirmed immediately. This gives all parties a point in time which they must work towards and you are not reliant on the judges getting to your claim amongst the pile of paperwork in front of them or the overburdened court staff processing the paperwork.

Once possession is obtained, having issued the claim online, if you require a bailiff appointment this can be applied for online with a warrant, usually being immediately issued. When using accelerated possession procedure, you have instead to either use snail mail or email and wait for the court to again get through their paperwork and issue the warrant before sending it across to confirm an appointment with the bailiff.

Our advice is to always serve both notices. This ensures you have options and a backup.

So, what are the options: -

1. Issue using the accelerated possession procedure and pursue any rent arrears (and damages) as a separate claim. This is something that our debt recovery department would happily assist you with.

2. Issue proceedings once the section 8 notice has expired using the Possession Claims Online. The risk of course is if the rent arrears are cleared, and we no longer satisfy mandatory ground 8 for possession. However, if a section 21 notice has been served, you have a better chance of persuading the court to exercise its discretion to avoid inevitable fresh proceedings being issued once you walk of the court room. And if the Judge isn’t playing ball then of course you can immediately issue a new claim.

3. Issue using the standard possession procedure. This is a paper based claim and probably the slowest of all methods; however, you may rely on both your section 8 and section 21 notice in the same proceedings. This means that you minimise the risk of failing to obtain possession and you can obtain possession and judgment for arrears of rent.

If you are still not sure upon reviewing the above option, please do not hesitate to give us a call. We will happily run you through the options on a case by case basis.

Rented Homes Bill 2019-20

Fri, 01 Nov 2019 14:41:09 GMT

16 days after the section 21 consultation closed, the Rented Homes Bill 2019-20 has arrived at the House of Lords!

Well that didn't take long! It may just be the first formal reading of the bill, but it has arrived. It's described as, "A Bill to amend the Housing Act 1988 to abolish assured shorthold tenancies; to extend the grounds upon which landlords of residential housing may recover possession; and for connected purposes".

The draft, which as expected, includes the introduction of new grounds for possession, such as sale of the property, relative or landlord moving in, and can be accessed using the link below:

https://publications.parliament.uk/pa/bills/lbill/2019-2020/0034/20034.pdf

It will certainly be interesting to see how the Government responds, particularly with an expected upcoming election.

We will keep you posted as the draft travels through Parliament. You can follow the progress yourself directly on the UK Parliament website.

https://services.parliament.uk/bills/2019-20/rentedhomes.html

Watch this space...again!

Another great result for the Woodstock debt recovery team

Fri, 25 Oct 2019 13:08:48 GMT

Successful settlement of unpaid rent arrears owed to a landlord client

Our debt recovery department, comprised of Frank and Rosie, has recently achieved settlement in respect of a substantial amount of rent arrears owed to one of our landlord clients by a company tenant. In this case, Rosie and Frank used their legal knowledge and experience to encourage the debtor to offer a healthy settlement proposal, which was accepted by our client and is now being paid as agreed.

Being left with significant rent arrears or losses, arising from damage to the property, can be extremely frustrating, particularly when there seems little opportunity to recover the debt. In some cases, it may be best to walk away; however, in most cases, enforcement or settlement can be achieved.

There are various methods available that, when coupled with experience in recovering unpaid debts, can lead to great results recovering sums that would otherwise have been written off. It's about knowing when to push, when to walk away and what options you have available.

You have 6 years to recover money owed to you and, in certain cases, it maybe beneficial to give the debtor a little bit of time to improve their financial position, to allow them to repay sums rightfully due. However, this may not always be the case.

If you have an unpaid judgment or rent arrears, then please do not hesitate to contact our debt recovery team. We are happy to help.

Lord Alan Sugar and an unsuspecting American family suffer Airbnb scam.

Fri, 25 Oct 2019 12:30:45 GMT

Lord Alan Sugar's house used by Airbnb scammers

In the modern age, it is not uncommon to hear of people being scammed through the internet. However, in a recent tweet from Lord Alan Sugar, he confirmed the risks involved in renting properties online.

On Twitter, the Apprentice star wrote: "WARNING AIRBNB SCAM: Yesterday an American family of 6 turned up at one of my proprieties in London. They had been scammed to think they could rent it for 3 days. The scammers took a photo from an estate agents web site and stole over $600 from these poor people. BASTARDS.”

The fraudsters convinced the American family they were able to rent the property, belonging to Lord Sugar, for 3 nights, by unlawfully advertising the property as their own.

Airbnb responded to @Lord_Sugar, ‘We were disappointed to hear about this experience and are looking into the matter....’

It's not the first Airbnb scam, nor will it be the last. However, it begs the question: is it time for Airbnb owners to be licensed? If this was the case, only hosts with licences would then be allowed to advertise properties on the site. This should help avoid scams like this.

I can only imagine the disappointment for the American family....particularly as I am sure on arrival it looked like the perfect London holiday home!

Mandatory Electrical Safety Checks

Fri, 25 Oct 2019 12:15:45 GMT

Today is the day - the Secretary of State has the power to introduce regulations for mandatory electrical installation safety checks.

The tail end of 2019 isn’t proving to be any quieter for changes to the private rental sector. From 25 October 2019, the Government now has the power to let the Secretary of State make regulations regarding the proposed mandatory electrical installation checks, under the Housing and Planning Act 2016.

Consultation started in February 2018 with input from electricians, landlords and lettings agents. At the last response to the consultation in January 2019, the Government indicated that it would introduce the requirement for all Landlords (and not just those with a HMO) to carry out an electrical inspection every 5 years, with guidance as to who could carry out those inspections.

It is expected that these checks will come into force sooner rather than later, but in a phased approach. The PRS is expected to have 6 months to familiarise itself with the legislation before it comes into force. If drafted as well as legislation in the past, then this time will be much needed.

There are obvious concerns for landlords given the enforcement powers of the local authority and the expected civil penalties for failure to comply, together with the issue of costs for landlords and the age old problem of gaining access. Then there’s the concern of the burden placed on already under resourced local authorities to enforce the legislation.

That being said, the provision of safe housing is key and given we have had mandatory gas safety checks for years, it's not unsurprising that this is being introduced.

Watch this space...

WELSH TENANT FEE BAN

Fri, 25 Oct 2019 09:07:54 GMT

Hot on the heels of the English legislation the Tenant Fees Act 2019, is the arrival of the Welsh equivalent - the Renting Homes (Fees etc.) (Wales) Act 2019

Hot on the heels of the English legislation the Tenant Fees Act 2019, is the arrival of the Welsh equivalent - the Renting Homes (Fees etc.) (Wales) Act 2019. The National Assembly and Welsh Ministers have mirrored some of the changes introduced by the English ban, but there are some important differences. There are also powers under the Act to produce further Regulations, which have not yet happened. Similarly, to the English Act, the Welsh ban makes it an offence for a landlord or agent to require a tenant to make any payment unless permitted by the Act. Any payments not permitted are banned and prohibited payments. Landlords and agents also can’t require the grant of a loan to them or require a person to enter into a contract for services with them as a condition of the tenancy. In other words, any payments after 1 September 2019 in respect of tenancy agreements, check out fees, admin fees, inventory fees etc ALL BANNED!

The Government has released a guide to assist with the ban and we advise you to read and follow the guidance:

https://gov.wales/sites/default/files/publications/2019-08/letting-fees-guidance-for-landlords-andletting-agents_0.pdf

W hen does the Act apply?

The ban affects all new tenancies and renewals in Wales entered into on or after 1 September 2019. Any tenancy agreement entered into before 1 September 2019, the Act does not apply. There are no transitional provisions as set out in the English Act, but it is our view the ban is likely to apply to statutory periodic tenancies commencing on or after 1 September 2019.

What does it apply to?

The Act will apply to all assured shorthold tenancies. Once the Renting Homes (Wales) Act commences (it is expected to be before May 2021), it will also apply to “standard occupation contracts”.

It does not apply to non-housing act tenancies. Note the English Act applies to licences, but Welsh Act

does not.

What is a standard occupation contract?

In Wales, ASTs will be replaced by a standard occupation contract when the Renting Homes (Wales) Act 2016 is brought into force. This is expected to be before May 2021. For the time being Regulation has stipulated that references to a standard occupation contract are to be read as references to an assured shorthold tenancy. References to a contract-holder are to be read as references to a tenant under an AST.

Tenancy agreements

The Welsh Act does not allow charges for any changes to the tenancy agreement.

The English Act makes provisions for a fee of £50 to be charged for an amendment to the tenancy agreement, such as adding more conditions to the agreement. The Welsh Act does not allow any fees to be charged if either party wants to amend the agreement.

The Act does not prohibit any agreement that a landlord and tenant may reach should the tenant wish

to leave the tenancy early.

Is there a cap on security deposits?

In contrast to the English ban, there is currently no limit on the amount of security deposit that can be taken. If a limit is introduced, then any amount above that limit will be regarded as a prohibited payment. This prescribed limit is to be made by regulations, which have not yet been published.

Holding deposit

Like English law there is a cap on the holding deposit which can only be a maximum of 1 weeks’ rent. The deposit must also be repaid to the tenant within 15 calendar days of payment, unless extended in writing by agreement of both parties.

If the agreement is entered into then the deposit must be repaid to the tenant within 7 calendar days, unless it is offset against rent or a security deposit. If the agreement is not entered into then the deposit must be repaid within 7 days of the deadline for the agreement.

Repayment in full is not required if: -

• the tenant decides not to proceed;

• the tenant fails the right to rent checks;

What payments are permitted?

The permitted payments are:

• money payable by a landlord to a letting agent in respect of lettings work or property

management work carried out by the agent on behalf of the landlord;

• rent;

• security deposits;

• holding deposits (capped at one weeks rent);

• default fees;

• payments in respect of council tax;

• payments in respect of utilities;

• payments in respect of a television licence;

• payments in respect of communication services.

Any payments not on this list are prohibited payments and must not be charged to the tenant.

What are default fees?

Default fees are currently limited to reasonable costs for breaches of the tenancy agreement such as late payment of rent. They must be outlined in the tenancy agreement. There is the power for the Welsh Government to specify default fees and what amount they are limited to. It intends to create a list of default payments by regulations which are permitted to be charged. The consultation closed on 19 July 2019 and the responses are currently being reviewed.

Enforcement

If a tenant is charged a prohibited fee it must be refunded immediately. An agent or landlord can receive a £1000 fixed penalty notice for every breach. Any prosecution or penalty is reportable to Rent Smart Wales and so this may lead to a landlord or agent losing their authorisation. Furthermore, a landlord will be unable to issue a section 21 Notice if a landlord has taken a prohibited payment or a This guide is to provide general information and a general understanding of the law, not to provide specific legal advice nor does it create a client relationship.

How can we help?

At Woodstock, we are firmly of the view that agents need to be bold and realise the importance of their role. We certainly know the difficulties landlords can get into if the agent isn’t on top of their game. We are fortunate at Woodstock to work with a large number of top-quality agents and landlords and look forward to helping them deal with these new changes.

We specialise in residential landlord and tenant law acting for landlords across the whole of England and Wales, which allows us to keep our finger on the pulse and stay abreast of any changes in the law and any issues that may be bubbling across the judicial network.

If you need assistance with amending your tenancy agreement or processes to take account of the tenant fee ban, please contact us today. We are a friendly bunch.

Hwyl fawr am nawr!

Get your ducks in a row

Mon, 14 Oct 2019 09:30:45 GMT

London Trading Standards warn tenants to understand their rights or be at risk of being ripped off by "rogue lettings agents"

The attack on "rogue landlords" has been a popular one for a while but now it seems to be the turn of lettings agents.

London Trading Standards (LTS) has given a stark warning to tenants to make sure they understand their rights to avoid being "ripped off by rogue lettings agents". LTS goes on to claim that 46% of lettings agents don't comply with the rules and that fines to the tune of £1.2m had been handed out in a 15 month period. On top of that there had been 14 criminal prosecutions. Read the full article here:

http://www.londontradingstandards.org.uk/news/tenants-warned-to-beware-of-rogue-letting-agents-as-new-figures-show-more-than-46-dont-comply-with-the-law/

The article doesn't give any detail as to the level of breach but there's no doubt that the figures are alarming. At Woodstock we work with great agents and it's rare that we come across an agent intentionally in breach of their legal obligation. That being said, there is now more red tape than ever in the private rental sector so it is crucial (not least for your peace of mind) to keep on top of your legal obligations, ensure staff are properly trained and that you have the right processes in place.

At Woodstock we offer helplines, legal training, precedent documents and process reviews. If you have any doubts as to your legal obligations then get in touch and make sure you are signed up to our blog!

Section 21 Consultation

Thu, 10 Oct 2019 11:18:15 GMT

REMINDER – DEADLINE 12 OCTOBER TO HAVE YOUR SAY ON THE ABOLITION OF SECTION 21 NOTICES

Following the Government’s proposal to ban section 21 Notices, we would like to remind you that the consultation closes on Saturday 12 October. If you have not already responded to the consultation then we urge you to do so.

The intention of the consultation is to obtain views on the Government’s proposals on the below four sections:

• the impact of removing assured shorthold tenancies, and whether there are any circumstances a tenancy should be ended without the tenant being at fault

• whether the reforms should relate to all those who use the Housing Act 1988 – in both the private and social sectors

• how existing grounds for possession covered by Schedule 2 of the Housing Act 1988 can be used effectively or reformed in the future once section 21 is no longer available and how new grounds should be added to cover the landlord selling or moving into the property; and

• how the courts could consider applications for possession orders under section 8 of the Housing Act 1988 more efficiently.

The Government will then assess all views and make an informed decision whether to proceed with the proposals. Our views could shape how the Government legislate on the matter. The survey can be completed online by following the below link (it cannot be saved so please complete in one sitting). It can also be completed by email, or responses posted in.

https://www.gov.uk/government/consultations/a-new-deal-for-renting-resetting-the-balance-of-rights-and-responsibilities-between-landlords-and-tenants

At Woodstock we are concerned that if section 21 Notices are abolished, landlords must be sufficiently protected through the court process to obtain possession of their property swiftly and efficiently. This is our opportunity to express our concerns to the Government directly, so we must stand up and have our voices heard.

Opposing a commercial lease renewal under ground (f): The Franses Test

Thu, 19 Sep 2019 11:13:14 GMT

Franses applied and the relevance of a threatened injunction (London Kendal Street No3 Ltd v Daejan Investments Ltd)

So we’ve finally got our first reported case where the court have applied the NEW Frances Test.

What is the Frances test you may ask? This was possibly the most exciting (Supreme Court no less) case we’ve had on opposed commercial lease renewals for decades. It established the new test that to oppose a statutory lease renewal under section 30(1)(f) of the Landlord and Tenant Act 1954 (the redevelopment ground), a landlord’s intention to do the works in question can’t be conditional on whether its tenant chooses to seek a new lease. The acid test is whether the landlord would do the works if the tenant left voluntarily.

Although only a County Court decision, this case is the first reported decision in which a court has had to apply the Franses test. Arguments based both on the Franses test and on the possibility of other tenants in the building obtaining an injunction to stop the works were unsuccessful—the landlord had the requisite intention required by ground (f) to carry out its works.

London Kendal Street No3 Ltd v Daejan Investments Ltd (Central London County Court) 2019

What are the practical implications of this case?

The tenant had tried to argue that the landlord could not show a reasonable prospect of being able to carry out the works because other tenants in the building would seek an injunction to prevent the works proceeding on the grounds of nuisance or breach of landlord’s covenants (interestingly in this case, those other tenants were linked companies to the tenant). Although that argument was also not successful on the facts, this case does show the importance of considering the effect of the landlord’s proposed works on third parties when advising a landlord or a tenant on the prospects of success under ground (f).

Before panic sets in about the possibility of an injunction being successful when dealing with multi occupied units, the judge made it clear that even if an injunction were to be granted (and remember it’s a discretionary remedy), it would be unlikely to be absolute. A court would be reluctant to create a situation where one party is prevented from carrying out works to its own property. As an alternative, they may limit the times when works can be carried out or contain other provisions limiting any potential disruption.

The judge also stated that as a very rough rule of thumb, to rely on ground (f), a landlord needs to show that it will be able to start the works within six months and 21 days from the date of the court’s judgment. Under section 64 of the Landlord and Tenant Act 1954 ( LTA 1954 ), a tenant’s lease does not end until three months after the application is ‘finally disposed of’. An application is ‘finally disposed of’ when the 21-day period for making an appeal has come and gone. The extra three months on top of that comes about because a court will give a landlord a reasonable period of time after a lease ends to ‘get its house in order.’ This won’t come as too much of a surprise as this is a long established timeframe that people work to.

So what about the Franses test? The judge ruled that the test was satisfied here. The landlord had no difficulty funding the works, no difficulties with planning, contracts were in place (the building contract was for £1.6m plus standing charges), timescales for starting were realistic and the landlord needed to start the works because of problems in the basement that needed resolving (damp and corrosion needed attention to maintain the integrity of the building). In addition, the landlord had given an undertaking to the court to carry out the works after vacant possession had been given (subject to an injunction not being granted) and there was evidence that the landlord’s intention to carry out the works was reached at an early stage well before the section 25 notice was served (and so that intention was untainted by this dispute).

Whilst providing an undertaking to the Court to carry out the works after vacant possession had been given is unusual and no doubt as a result of the Frances test, it’s unclear whether that will become the norm. Common sense and commerciality need to prevail but only time will tell once we’ve seen more cases which apply the Frances test to see if this will become commonplace.

The Right To Know Your Landlord

Thu, 19 Sep 2019 10:55:18 GMT

UK address for Landlords

Tenancies can be created with little formality; no documentation is actually necessary and negotiations between landlord and tenant could, and often are, conducted by a third party agent. A tenant can therefore be in a legally binding relationship with their landlord but hold very little information as to who they are which, when you think about it, is a little odd...

There are however various statutory provisions that give the tenant the right to be informed of the landlord's name and address.

Under the section 48 Landlord and Tenant Act 1985 , a landlord must provide the tenant with valid UK address for the service of notices. If no address is provided, any rent or service charge due is treated as not being due until the landlord complies.

This should be born in mind when a landlord acquires a tenancy by way of assignment having purchased the property. It is crucial that s48 is complied with and the tenant is given the new landlord's name and address - and evidence of this information having been provided is retained! The information is required to be served no later than 2 months after the date of transfer, or if rent is not payable within that period, no later than the next day on which rent is payable.

Scarily, if the tenant is not informed of the new landlords name, the previous landlord remains liable for any breach of the tenancy agreement - so if you are selling a tented property make sure that notice is served.

Under s1 of the Landlord and Tenant Act 1985 , a tenant may make a written request for their landlord's name and address to any persons demanding rent, persons whom last received rent or anyone acting as the landlord's agent. The person in receipt of the rent must comply within 21 days.

If the landlord fails to provide a valid address, the landlord will be committing a criminal offence for which they may be prosecuted and face a fine.

So what happens if a landlord lives abroad?

The landlord must appoint an agent with a UK address and the agent has to be authorised to accept notices from the landlord.

If the landlord fails to provide a valid address to the tenant, in addition to the commission of an offence, there exists a breach of contract and the chances of succeeding in a claim for rent in arrears or dilapidations will be scarce.

The best option for a landlord who lives abroad is to agree management of the property with an agent - this also ensures the landlord is able to comply with the numerous other obligations under the tenancy in a timely manner i.e. carrying out repairs.

Contact our Experienced Landlord & Tenant Solicitors

Whether you're new to the landlord scene or an experienced property owner, navigating these legal waters can be challenging. Our team, led by Anna Hughes, is well-versed in landlord and tenant law and is ready to assist you with any queries or concerns you may have.

For expert legal advice from experienced landlord solicitors, contact Anna Hughes at a.hughes@woodstocklegalservices.co.uk or complete the form below.

Airbnb host fined £100,000

Mon, 29 Jul 2019 16:37:11 GMT

Another day, another Airbnb case. This time to the tune of £100,000 and loss of property.

For those who are in short or long term lettings who think letting their properties out as an Airbnb to make a quick buck is an easy option, its absolutely crucial to make sure you are legally entitled to do so.

BBC news reported on a case where an Airbnb host rented out his council flat in central London to tourists and as a result faced a whopping fine in the sum of £100,000 and was evicted. It's illegal for council tenants to sublet their homes which are there to provide much needed housing and not to generate a profit.

I suspect it won't be long until we see more regulation for short term holiday lets...it’s definitely becoming a riskier time to be a tenant taking a shot with Airbnb. Our advice is to carefully check the terms of your lease (and insurance!) and think twice before embarking into the holiday let market. You may end up losing more than you bargained for.

Read the full article here: https://www.bbc.co.uk/news/technology-49149983

Government Consultation on Rogue Landlord Database

Mon, 22 Jul 2019 16:05:15 GMT

The UK Government has launched a consultation on widening access to the database on rogue landlords.

The Government is set to consult on the database for rogue landlords and agents which was introduced in April 2018. The database is currently limited to landlords or agents convicted of a small range of the most serious offences and is only available to the local authority. The consultation seeks views on both expanding the scope of the database to include more offences and infractions and widening access to tenants, agents and the general public.

The reality is that the private rental sector is huge and the number of rogue landlords/agents that knowingly and intentionally fail to meet their legal obligations is small. The aim of the database is to support the professionalism of the industry and the consultation enables further exploration to make it an even more useful tool. Tenants and potential tenants will be able to vet their landlord/agent. Agents can vet potential landlord clients and potential new employees.

The consultation will last for 12 weeks from 21 July 2019. You can contribute online, by email or in good old fashioned writing. It's another important development in the private rental sector, so make your voice heard.

https://www.gov.uk/government/consultations/rogue-landlord-database-reform

Putting an end to no fault eviction

Mon, 22 Jul 2019 16:02:27 GMT

More consultation! The Government's consultation on their plans to implement the removal of section 21 of Housing Act 1988 and improve the section 8 eviction grounds is open until 11.45 pm on 12 October 2019

I'm sure you've not missed this one, but following our blog back in April, just a reminder that the consultation is open and will be open until 12 October 2019. It is such a huge change for the private rental section, so it is crucial that the voices of those affected are heard.

The aim of the Government is to make the private rental system a fairer system for all those involved, which is a huge challenge. Reform must balance the rights of landlords to protect and deal with their property as they wish, and as they need to, whilst protecting individuals and families from being evicted for no good reason at short notice from a place they have made home.

The reality is that is very rare for a landlord to evict a paying tenant for no good reason - there is nearly always a valid reason. Section 21 has just for a long time appeared to be the easier and faster route to eviction given the administrative delays experienced in the courts.

The only way a fairer system can be achieved, following the abolition of section 21, is by careful redrafting of the section 8 grounds and a vast improvement to the current court system. Get it wrong and it will be a disaster for landlords, tenants and the whole private rental sector.

My concern is that the amendments to section 8 grounds won't go far enough and the courts won't be able to cope with the increased volume of work brought by claims relying on section 8 grounds, which of course require a hearing to be properly determined.

Here's the link to the consultation. You can respond online, via email or by post. Get your views heard!

https://www.gov.uk/government/consultations/a-new-deal-for-renting-resetting-the-balance-of-rights-and-responsibilities-between-landlords-and-tenants

HMO Licensing

Mon, 22 Jul 2019 16:02:25 GMT

Landlord fined more than £58,000 for allowing tenants to occupy without a HMO licence.

Licence to rent

The team at Woodstock has recently been alerted to another case where a landlord was fined more than £58,000 for allowing tenants to occupy a 16 bedsits in Southport without a HMO licence. The building had a leaky roof, faulty fire alarms, blocked escape routes and a fire door that had been locked shut.

A spokesperson for the Council said “We want to send a clear message to the small number of landlords who compromise the safety of their tenants that this is not acceptable and can end up in a court case. As proved today, large fines will be imposed by the courts and we will always act to protect our residents.”

Given the substantial penalties for letting a property without a licence its important to remind ourselves exactly when a licence is required.

The first step is to look at the definition of HMO:

An HMO is a property occupied by three or more people comprising two or more households who share facilities (such as a kitchen and bathroom) and occupy the property as their only or main residence. The occupiers satisfy the ‘one household’ test if they are all members of the same family, including people who are married or living together and people in same-sex relationships.

However, not all HMOs require a licence. Let’s look at the licensing schemes in England:

Mandatory licensing:

You need a mandatory HMO licence if your property meets the standard test, self-contained flat test or converted building test HMO definition in section 254 of the Housing Act 2004 and is occupied by five or more people. In other words, you need a licence for any house or flat that is occupied by five or more people who are not all related and live in the property as their main home.

Since 1 October 2018, the requirement for at least 3 or more storeys in height has been removed. Therefore, far more landlords are caught within the mandatory licensing provisions.

Selective licensing:

Council’s can designate certain areas to be subject to selective licensing if the area is deemed to be one of anti social behaviour. It applies to all private rented properties and does not specifically relate to HMOs. The Council will usually have a map on their website showing which areas require a licence.

Additional licensing:

Additional licensing applies to certain HMOs that fall outside the scope of the mandatory HMO licensing scheme .

If there is any doubt whether a licence is required, we strongly urge you to contact the Council for clarification. Landlords operating a HMO that should be licenced without a licence are liable for an unlimited fine. The tenant can also apply for a rent repayment order and a landlord is prevented from issuing a section 21 Notice.

If you have any questions on HMO and licensing then please feel free to contact us and one of the team will be happy to help.

Consultation on deposits

Thu, 11 Jul 2019 08:08:16 GMT

The Ministry of Housing, Communities & Local Government has opened a consultation seeking to better understand the barriers tenants face when having to provide a second deposit when moving from one tenancy to the next. The consultation looks at what could speed up the return of deposits to tenants once the tenant has come to an end.

The consultation will also explore existing initiatives that address deposit affordability and whether they meet tenants’ needs, as well as exploring new innovative new approaches, such as allowing tenants to passport deposits between tenancies.

The consultation call for evidence aims to build on the work undertaken by Tenancy Deposit Protection Working Group which has been looking at improvements to deposit protection for the benefit of both tenants and landlords.

The call for evidence is open until 5 September 2019 and you can respond online, by email or in good old fashioned pen and paper.

Take a look at the detail:

https://www.gov.uk/government/consultations/tenancy-deposit-reform-a-call-for-evidence

Hefty fine for Landlord for numerous licensing breaches

Thu, 11 Jul 2019 08:08:09 GMT

Landlord Hugo Pulqueiro ordered to pay £66,000 (fine and court costs) for serious licensing breaches.

Hugo Pulqueiro was found guilty for licensing breaches at Willesden Magistrates Court on 13 June. Amongst other things Mr Pulqueiro was found to have sent in the "heavies" to remove the belongings of one of his tenants and had changed the locks on a freezing winters night in February following receipt of complaints regarding the deterioration of the overcrowded property that she was sharing with 6 other tenants.

A raid on the property uncovered further breaches including the partition of two single rooms to create illegal micro rooms rented out to more tenants. Mr Pulqueiro had also give tenants written tenancy agreements, protect their deposits or meet fire safety regulations. According to Brent Council the fire brigade had been called to put out a fire just the week before the raid.

The full press release from Brent Council can be found using the following link:

https://www.brent.gov.uk/council-news/press-releases/pr7005/

Promoting Ocean Conservation

Mon, 01 Jul 2019 13:17:29 GMT

Legal Assistant Naomi Townsend launches Thalassophile Official Limited to promote ocean conservation.

Woodstock' s is extremely proud of legal assistant Naomi Townsend who has recently launched Thalassophile Official Ltd to promote ocean conservation. Thalassophile is a blog and online shop selling clothing with a percentage of profits donated to the ocean conservation charity. Thalassophile's first design is now ready for purchase, along with the beautiful hand turned wooden pens.

Thalassophile has was founded by Naomi in 2017 originally selling handmade bracelets and now venturing on to sell t-shirts and wooden pens, with other garments and products coming soon.

The t-shirts are Earth Positive and are produced exclusively from organic Indian Cotton. The primary energy source for Earth Positive is thirty wind turbines that generate a continuous source of renewable energy, reducing carbon footprint.

Thalassophile donate 20% of t-shirt profits, and £3 from each pen to the Marine Conservation Society. The Marine Conservation Society do tremendous work to help protect our oceans and promote sustainability. Our seas are under immense pressure: too many fish are being taken out, too much rubbish is being thrown in and too little is being done to protect our precious wildlife.

This is such a great initiative and we want to take this opportunity to say well done to Naomi and to wish her luck as she sadly leaves us to go travelling and pursue her environmental passions.

Naomi has done a huge amount to help Woodstock be as environmentally focused as it possible can be and we promise we will keep up the good work!

We are hiring!

Thu, 27 Jun 2019 11:37:47 GMT

Woodstock is looking to add to its growing team of residential landlord and tenant experts.

Woodstock is continuing to grow and we are looking to further strengthen our residential landlord and tenant team.

Life at Woodstock is very different to a traditional law firm. We deliver legal services with a fresh approach. Our focus is on top level IT, great personalities, a strong and fun team ethos and of course expert knowledge.

If you fancy becoming part of our exciting and friendly team, whether you are a fully qualified solicitor, legal executive, completing your legal training or you are looking for a change in career, we would love to hear from you.

All enquiries to be sent to c.jermyn@woodstockpropertylaw.com. No formal CVs required in the first instance. Just send me an email and we can arrange an informal chat.