Energy Performance Certificate (EPC) Requirements: An Essential Consideration in Lease Transactions

An Energy Performance Certificate (EPC) is a document that provides an assessment of the energy efficiency of a building or property. It is a legal requirement under the Energy Performance of Buildings (England and Wales) Regulations 2012 and must be obtained and maintained by the landlord of the property. This article explains the current rules around EPC requirements, what future changes are being explored, as well as offering practical advice.

By Wai Ling Chin

What are the current rules?

Under current regulations, any property that is let or sold must achieve a minimum EPC rating of E or above, in accordance with the Minimum Energy Efficiency Standards (MEES). This requirement exists to ensure that buildings meet a basic level of energy efficiency, reducing energy costs for occupants and lowering carbon emissions. Properties rated F or G are considered inefficient and, under MEES, cannot legally be let or assigned without improvements.

While the obligation to obtain and maintain an EPC formally rests with the landlord, the practical implications often extend beyond this straightforward legal responsibility, particularly when a lease is sold or assigned.

When an outgoing tenant decides to vacate or assign their lease, the EPC frequently becomes a point of attention. Despite being the landlord’s statutory duty, the outgoing tenant often assumes responsibility for providing the certificate. This arises because most leases contain clauses requiring the tenant to provide “all statutory certificates” to the landlord upon exit. Such wording is intentionally broad and almost invariably encompasses the EPC.

In practice, this can lead to situations where the certificate is requested at short notice. If an EPC is unavailable, has expired, or does not meet the minimum required rating of E, the lease transaction may be delayed while an assessor is engaged, the property is inspected, and a new certificate is obtained. Prospective buyers seek assurance of compliance, landlords require adherence to statutory obligations, and solicitors need the documentation promptly.

Legally, this arrangement is consistent with the lease terms. From the tenant’s perspective, however, it may feel burdensome, akin to performing an unexpected task on behalf of another party. Nevertheless, this process is common, anticipated, and generally more efficient than disputing the responsibility.

Future changes to EPC

A recent announcement by the government confirmed plans to raise the minimum rating of EPC bands from E to C for privately rented homes by 2030. This includes a £15bn commitment to upgrade up to five million homes by 2030 as part of the transition to net zero and reduction in consumer costs. Changes to EPC methodology are also expected, with the the Department for Energy Security and and Net Zero recently launching a consultation on this which will close on 18th March 2026.

Practical advice

If you are selling or assigning a lease, it is prudent to assume that the EPC will be requested and that it must meet the minimum rating of E. Check the status of the certificate early in the process and, if necessary, arrange for its renewal. Taking proactive steps ensures that the transaction proceeds smoothly and avoids unnecessary delays.

Ultimately, careful management of EPC requirements, including compliance with the minimum energy efficiency standard, helps prevent a potentially straightforward lease transaction from being disrupted.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

£250 Ground Rent Cap: What Leaseholders in England and Wales Need to Know

In a move to overhaul one of the most criticised features of the English and Welsh housing system, the UK government has announced that ground rents will be capped at £250 per year for existing leasehold properties. The ground rent cap forms a central plank in the forthcoming draft Leasehold and Commonhold Reform Bill, which will be introduced to Parliament imminently.

The Background on Ground Rent

Historically, ground rents have been a contentious feature of the UK’s leasehold system. Ground rent sees leaseholders pay an annual fee to a freeholder for the right to occupy a property they otherwise own, often without any corresponding service or benefit. Critics have long argued that escalating ground rents, sometimes doubling every few years, can trap homeowners in unfavourable leases, making mortgages difficult to secure and sales problematic.

At present, around five million leasehold homes across England and Wales continue to attract ground rents, despite previous legislative steps banning rising or onerous rents on newly granted leases. The 2022 Leasehold Reform (Ground Rent) Act already halved this burden for future homeowners by reducing ground rent on new leases to a nominal “peppercorn”, effectively zero, but left existing leases untouched. The new cap at £250 annually represents a compromise: a meaningful reduction for many leaseholders, while stopping short of retroactively abolishing all payments which takes into account the equally strong views of freeholders and investors.

Commitment to Tackle Ground Rent

This reform fulfils a manifesto commitment from the Labour Party’s 2024 general election campaign to tackle unregulated and unaffordable ground rent charges. According to government sources, the change is aimed at boosting housing affordability and alleviating cost-of-living pressures on homeowners, particularly in areas where ground rents have historically risen well above affordable levels. This will cap ground rents at £250 per annum for a 40-year transitional period, after which ground rents will reduce to a peppercorn. This extends the protections under the Leasehold Reform (Ground Rent) Act 2022 (which applied to new leases) to pre-2022 Act leases.

In sum, the £250 cap on ground rents marks a significant step in transforming the leasehold system. While it stops short of a total abolition of leasehold hierarchies, it promises tangible relief for millions of leaseholders and signals a broader commitment to housing reform in England and Wales.

When Will the Ground Rent Cap Come Into Effect?

Nevertheless, the implementation of the ground rent cap policy is not immediate, with no clear timeline on when the draft Leasehold and Commonhold Reform Bill will come into effect. Government messaging has hinted that it may not come into effect until near the end of the Parliament, around 2028 or 2029. This is separate to the Leasehold and Freehold Reform Act 2024, which has been held up by legal challenges since it became law and therefore has also not yet come into effect.

What is the Impact on Sellers?

Improved saleability: the £250 cap removes a major conveyancing and mortgage red flag.
More stable pricing: reduced risk of value discounting caused by escalating ground rents.
Fewer transaction delays: fewer lender and buyer objections during legal enquiries.

What is the Impact on Buyers?

Lower legal and financial risk: ground rent exposure becomes predictable and capped.
Greater mortgage security: reduced risk of future remortgage or resale issues.
Particular benefit to first-time buyers, who are most affected by onerous lease terms.

If you have any questions or would like to purchase, sell or remortgage a leasehold property, please feel free to contact info@lisaslaw.co.uk. We are here to help.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Water Leak Disputes Between Neighbours in England

Water leak disputes between neighbouring properties are a common issue in English property law, particularly in terraced houses, semi-detached properties, and blocks of flats. Such disputes usually arise where water escapes from one property and causes damage to an adjoining or underlying property, including dampness, mould, or structural damage.

Liability for a water leak

Liability in neighbour water leakage cases is most commonly assessed under the law of private nuisance and negligence. A neighbour may be liable where they have created, adopted, or failed to remedy a source of water escape that unreasonably interferes with another person’s use or enjoyment of their property. Importantly, liability does not usually arise simply because a leak occurs; rather, it depends on whether the neighbour knew or ought reasonably to have known of the problem and failed to take reasonable steps to address it.

What happens once the neighbour is notified of the leak?

Once a neighbour is put on notice of a leak, they are expected to investigate and carry out repairs within a reasonable time. A failure to do so may result in liability for continuing damage. Where the leak originates from shared structures or services, such as party walls, roofs, or communal pipes, responsibility may lie with a freeholder or management company rather than the individual neighbour.

How can causation be proved?

Causation is often disputed in these cases. The affected neighbour must prove that the damage complained of was caused by the alleged leak, as opposed to other factors such as condensation or poor ventilation. Expert evidence from surveyors or plumbers is frequently required to identify the source of the water ingress and determine responsibility.

Remedies in neighbour water leakage disputes may include damages for the cost of repairs and associated losses, as well as injunctive relief requiring the responsible party to carry out remedial works. The courts also expect parties to act reasonably and to attempt to resolve such disputes amicably, given the ongoing nature of neighbour relationships.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Probate Explained: Key Steps, Grants of Representation and Inheritance Tax

As winter takes hold, seasonal illnesses such as influenza once again become an unwelcome but familiar part of life. Each year, the winter flu places added pressure on families, the NHS, and workplaces alike, often emerging abruptly and disrupting daily routines. While most people recover within a few weeks, the colder months also remind us of how vulnerable we can be to unexpected events, and how swiftly circumstances can change.

It is often during these quieter, darker months that people turn their attention to planning ahead, thinking about preparedness, and putting practical arrangements in place to safeguard loved ones should the unforeseen occur. For families coping with bereavement, this period can be especially difficult.

Alongside the emotional impact of loss, important legal and administrative matters must also be dealt with – one of the most significant being the probate process.

First, what is Probate?

In England, probate is the legal procedure through which a deceased person’s estate is administered. It ensures that assets are collected, outstanding debts and taxes are settled, and the remainder of the estate is distributed in accordance with the will or, if there is no will, the rules of intestacy.

Gaining a clear understanding of how probate works – and recognising when professional legal guidance may be helpful – can provide families with reassurance and clarity during what is often an incredibly challenging time.

What steps should you take after someone has passed away?

The first actions are to register the death, obtain the official death certificate, and make the necessary funeral arrangements.

If the deceased left a valid will, the executor named in it can apply for probate and is authorised to act from the date of death. Where there is no valid will, the process becomes more complex. In such cases, family members must apply to the Probate Registry for a grant of letters of administration, which provides the legal authority to manage and distribute the estate.

Executors or administrators must then identify all assets and liabilities and establish the value of the estate. This may include checking bank accounts, valuables, and property valuations, as well as confirming any outstanding debts such as credit card balances.

If the total value of the estate exceeds the nil-rate band (£325,000 for the 2025/26 tax year), the executor or administrator must submit a full account to HMRC detailing the estate and pay any inheritance tax due.

They will then need to apply for a grant of representation, which may be a grant of probate or a grant of letters of administration.

When is a grant of representation required?

To apply for a grant, you must complete the relevant application form and submit the original death certificate along with the original will. Once the court issues the grant, the executors or administrators are responsible for settling all outstanding debts before distributing the estate to the beneficiaries. If there is a valid will, the estate should be distributed according to the testator’s wishes; if not, it must be administered in accordance with the intestacy rules.

A grant is generally required where the estate includes real property, substantial funds in bank accounts, or investments such as stocks and shares. This is because organisations such as banks, the Land Registry, and investment companies will need to see the original grant before releasing or transferring these assets.

When should inheritance tax be paid?

Inheritance tax must be declared and paid before applying for a grant of representation. HMRC will confirm payment and issue the necessary reference for the application. Executors or administrators should ensure any tax due is settled when submitting the grant application.

Inheritance tax is not simply a charge on property or money left at death. It is based on the “loss to donor” principle, meaning any reduction in the estate’s value—such as gifts—may count as a transfer of value. Chargeable transfers occur on death and can also apply to certain lifetime gifts, though normal family expenses and transactions at full market value are excluded.

The nil‑rate band is the portion of an estate exempt from inheritance tax. For the 2025/26 tax year, this threshold is £325,000. Any amount above this is taxed at 40%, unless reliefs or exemptions apply, such as the residential nil‑rate band

What if my relative passes away without leaving me anything in their will?

A person is free to dispose of their estate as they wish, provided they have testamentary capacity and comply with the legal formalities for making a will. If no will exists, the estate will be distributed under the rules of intestacy.

However, the Inheritance (Provision for Family and Dependants) Act 1975 gives the court power to vary the distribution of an estate to ensure reasonable provision for family members and dependants. The purpose of this legislation is not to compensate disappointed beneficiaries but to meet the genuine needs of those who relied on the deceased.

How much do your change for the application for a grant of probate?

Our fees depend on the complexity of the estate. We charge £300 plus VAT per hour, and overall costs typically start from £3,000 plus VAT. You can view our full price list here.

Have questions? Get in touch today!

Call us on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the contact form function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

What Happens If You Do Not Pay Your Service Charges or Ground Rent?

Many leaseholders do not realise just how serious it can be if they fall behind on their service charges or ground rent. These are regular payments owed under the lease. They are often treated like a bill to be paid when convenient, but in law, they are essential terms of your lease agreement.

If you do not pay, the freeholder may take action, and in some cases, you could lose your lease altogether.

Forfeiture: The Legal Power to Take Back a Property

In leasehold law, the freeholder has a right called forfeiture. This means that if the leaseholder breaks the terms of the lease, for example by not paying service charges or ground rent, the freeholder can apply to end the lease completely.

This is a very serious step. If forfeiture is granted by the court, it means the lease is treated as if it has ended. The freeholder can then take back the property. Your right to live there and your long-term lease can be lost.

This power is not used straight away. In most cases, the freeholder must follow a legal process. This includes sending notices and asking the First Tier Tribunal to confirm that the amount owed is due. But once those steps are taken, forfeiture becomes a real risk.

Can You Get Your Property Back After Forfeiture?

The law gives leaseholders a chance to apply for something called relief from forfeiture. This means asking the court to cancel the effect of the forfeiture, so the lease is treated as if it never ended.

But this is not automatic. Just paying the money you owe is not always enough. The court will look at the whole situation, including:

How long the money has been owed
Whether the leaseholder acted fairly and responsibly
If there was any delay or refusal to deal with the issue
Whether the freeholder also acted fairly

The longer the delay or the more difficult the leaseholder has been, the more likely the court will refuse to give relief. Relief must usually be asked for within six months of the possession order, but the time limit can vary depending on how the forfeiture was carried out.

The Risk Is Greater Than You Think

Some leaseholders believe that being a little behind on service charges is a small matter. But once the freeholder starts forfeiture proceedings, your leasehold interest is at risk. That means not just losing your home, but also losing any value you hold in the lease and possibly your mortgage investment as well.

This may also affect any plan to sell the property or rent it out, as most buyers and agents will carry out checks that reveal the forfeiture risk or arrears.

Even if the court later agrees to grant relief, the process is costly and stressful. You will usually have to pay the arrears, your own legal fees, and the freeholder’s legal costs too.

What You Should Do

If you receive a letter or notice about unpaid ground rent or service charges, do not ignore it. Deal with it quickly. If you are in dispute about the amount, get advice and try to resolve it before it becomes a legal issue.

At Lisa’s Law, we help leaseholders deal with arrears, defend against forfeiture claims, and apply for relief if needed. We can also speak to your freeholder or their legal representatives on your behalf and try to settle the issue early. If you are worried about non payment of service charge / ground rent, or are affected by a potential possession order, contact our team as soon as possible. Acting early can protect your home and your rights.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Home Buying and Selling Reform – What the Government’s Proposals Could Mean for You

Buying or selling a home is one of the biggest financial decisions most people will make. However, the current property transaction process is often criticised for being slow, unpredictable and costly, with too many transactions falling through late in the process.

Unlike some other countries, property transactions in England and Wales are not legally binding until contracts are exchanged. This means:

A buyer can spend money on surveys and legal work, but the seller can still accept another offer at the last minute.
A seller can begin packing and planning their move, but the buyer can still pull out late due to delays or unexpected issues.

A new consultation by the UK government on home buying and selling reform is designed to address some of the deemed inefficiencies in the current system and to address the number of transactions which collapse near the end of the process.

Why does the current system feel “broken”?

At present, the home buying and selling process often involves a number of common pain points, including:

Long transaction times, caused by delays in searches, management packs and mortgage processing.
Uncertainty, especially in chain transactions where progress depends on multiple parties.
Late surprises, such as ground rent concerns, unexpected service charge costs, major building safety works, and missing planning or building regulation documents.
Gazumping and gazundering, where either side attempts to renegotiate late in the process

One of the most frustrating aspects is that much of the key information is only discovered after an offer is accepted – by which point the buyer may already have spent money and emotionally committed to the purchase.

At the same time, sellers can become just as frustrated when buyers are delayed by paperwork or decide to withdraw late in the process.

A recent consultation by the UK Government recognises these issues and is exploring how to make the home buying and selling system more efficient, reduce uncertainty, and make the process more transparent. The Law Society has also published commentary on potential reforms and stressed the importance of ensuring any changes are workable in practice.

What changes are being proposed?

Upfront property information – before a property is marketed

One of the Government’s biggest proposals is requiring sellers to provide upfront property information at the start of the process, rather than waiting until a buyer has made an offer and solicitors are instructed.

Compared with freehold transactions, leasehold transactions are often where the most serious delays occur. Providing upfront information may reduce uncertainty and help buyers make informed decisions earlier. For sellers, it could also lead to smoother transactions, as contract papers may be issued sooner and progress transactions with fewer interruptions.

Potential downside: increased upfront work

This reform may shift cost and preparation to an earlier stage, meaning sellers could be required to spend money and time preparing documentation before a sale is secured.

Greater use of digital technology and data-sharing

The Government is also focusing on digital improvements, including better use of property data and digital systems to support a faster-moving process.

The proposed direction suggests improvements such as:

greater use of digital identity checks and electronic signatures
the introduction of digital property logbooks to store property information in one secure place and allow data-sharing

If systems are modernised so that information can be securely shared and verified, transactions could become more efficient and more predictable.

Potential downside: data security

A truly digital system would need strong safeguards to ensure accuracy, security and the protection of sensitive personal data.

Commitment to reduce fall-throughs

Another key objective is to reduce failed transactions by encouraging earlier commitment between the parties. This may involve mechanisms such as reservation agreements or other forms of earlier binding arrangements.

Earlier commitment could reduce the risk of withdrawal and give both parties more confidence once an offer is agreed.

Potential downside: legal protection

From a legal protection perspective, it is essential that buyers still have sufficient time to:

completed searches
obtained a satisfactory survey
allow their solicitor to fully investigate the title and lease terms

Otherwise, there is a risk that buyers may feel pressured to commit before fully understanding what they are purchasing. It can also be difficult for a layperson to assess legal documents without a solicitor’s support.

In practice, earlier commitment may work best where:

the transaction is chain-free
straightforward freehold houses with minimal title issues
The property is a new-build or auction property, where the documentation is usually prepared in advance.

What does this mean for Buyers and Sellers?

For sellers

If sellers can provide the correct information earlier, this may lead to:

fewer delayed enquiries after an offer is accepted
fewer deals collapsing due to late discoveries
smoother transactions and fewer “last minute” issues

However, reforms may also mean:

sellers may need to spend money upfront to prepare documentation
Leasehold sellers may still face delays waiting for management packs
More preparation will be needed before listing

Some sellers may also worry about being asked to provide information they do not have, or information that is difficult to verify without professional help. That is why the quality and accuracy of upfront information will be essential.

For buyers

There are potential benefits for buyers, such as:

Better transparency at an earlier stage
Faster progress where documents are ready upfront
Reduced risk of spending money only to discover issues later

Even with reform, buyers should understand that:

some issues only become clear once the buyer’s solicitor investigates the title and raises enquiries
lenders will still require specific legal checks and documentation
transactions can still collapse for personal reasons (job changes, funding delays, family reasons, etc.)
earlier commitment mechanisms may feel pressurised if not properly safeguarded

Conclusion: a step in the right direction – if implemented carefully

The Government’s reform proposals, focusing on upfront information, digital improvements and reducing fall-throughs, have real potential to create faster and more transparent transactions.

In principle, providing more information earlier and improving digital processes could benefit both buyers and sellers – particularly where this reduces fall-throughs and last-minute surprises.

However, successful reform will depend on practical implementation. A faster process must still remain a safe one, allowing proper legal due diligence and protecting buyers from committing too early without understanding the risks.

If you are considering buying or selling and would like early guidance on preparing for the transaction, our conveyancing team would be happy to assist.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Helliwell v Entwistle – The Importance of Disclosure in Prenups

Prenuptial agreements have become increasingly popular among couples planning to marry, particularly where there is a disparity of wealth, inherited assets, or business interests to protect. This trend was encouraged by the Supreme Court’s landmark decision in Radmacher v Granatino [2010] UKSC 42, which confirmed that such agreements can carry substantial weight.

Despite their growing recognition over the past 15 years, prenuptial agreements are not automatically legally binding in England and Wales. The courts will generally uphold them only where they are entered into freely, with full appreciation of their implications, and where it is fair to do so in the circumstances.

A central requirement in this assessment is disclosure in prenups, which underpins both fairness and informed consent.

Helliwell v Entwistle is an important recent case that serves as a strong reminder of the importance of full and frank financial disclosure when entering into a prenuptial agreement.

Facts of the Case

The parties entered into a prenuptial agreement shortly before their marriage. The agreement provided for a so-called “drop-hands” outcome, whereby each party would retain their own assets and waive any claims against the other’s property on divorce.

The agreement expressly recorded that both parties had provided full and frank disclosure of their respective financial positions, as is standard practice in nuptial agreements.

However, during subsequent divorce proceedings, it emerged that the wife had failed to disclose a significant proportion of her wealth at the time the agreement was signed, amounting to approximately 73% of her total assets. These undisclosed assets included substantial business and property interests.

The husband sought to challenge the prenuptial agreement on the basis of this non-disclosure, arguing that it should not be upheld. The High Court rejected his arguments and upheld the agreement. The husband appealed to the Court of Appeal.

Judgment

The Court of Appeal allowed the husband’s appeal and set aside the prenuptial agreement, holding that it had been procured through material, deliberate, and fraudulent non-disclosure. As a result, the agreement could not be relied upon, and the case was remitted to the High Court for a fresh assessment of financial remedies without reference to the prenup.

Reasoning

The Court of Appeal based their judgment upon the following key considerations:

Disclosure as a fundamental condition: The agreement expressly stated that full and frank disclosure had been given. This was a fundamental premise on which the agreement was based. As this condition was not met, the agreement was founded on false assumptions.
Non-disclosure was material: The scale of the undisclosed assets, being around 73% of her assets, was substantial. The Court held that this was far from trivial and could reasonably have influenced the husband’s decision to enter into the agreement on the terms agreed.
Fraud and misrepresentation: The Court found that the non-disclosure was not just an accidental or inadvertent omission but amounted to deliberate and fraudulent misrepresentation.
Fairness and autonomy require transparency: While the courts respect personal autonomy and freedom of contract, true autonomy depends on informed decision-making. A party cannot be said to have freely entered into an agreement if they were materially misled.
Legal advice was insufficient to cure the defect: Though the husband had taken independent legal advice, this was not sufficient to remedy the effects of deliberate misinformation or concealment.

What does this mean?

This case highlights the importance of taking exceptional care to ensure full and frank disclosure of all assets when entering into a prenuptial agreement. While disclosure may seem disadvantageous, undesirable or sensitive, especially where business interests or family wealth are involved, failure to disclose may ultimately defeat the purpose of the agreement.

Additionally, it may risk exposing the parties to costly and time-consuming litigation in the future.

Though prenuptial agreements continue to gain recognition and popularity, they remain subject to judicial scrutiny to ensure fairness and protect weaker parties.

How we can help

Following Helliwell v Entwistle, the importance of careful drafting and full transparency and disclosure in prenups is clear. Our firm supports clients throughout the entire pre- or post-nuptial agreement process, including:

We ensure agreements are carefully drafted in accordance with current case law and tailored to the facts of each case, maximising the likelihood for the agreement will be upheld.
We guide clients through the disclosure process to help them identify all assets which should be disclosed, ensuring disclosure is clear, accurate, and properly document. This reduces the risk of allegations of concealment or misrepresentation.
We can review pre-existing nuptial agreements to identify potential issues, including assessing whether disclosure was sufficient. We can then advice on steps to mitigate risks, including preparing a new agreement where necessary.
Where disputes arise and a nuptial agreement is being challenged, we can provide strategic advice and support clients through negotiations or court proceedings.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Citizenship Granted After Refusal Due to Alleged Deception

We were recently instructed by a client seeking to make a fresh application for British citizenship following a previous refusal. This case ultimately resulted in citizenship granted after refusal, despite serious allegations raised by the Home Office. The client held indefinite leave to remain and was married to a British citizen, thereby qualifying to apply for naturalisation under section 6(2) of the British Nationality Act 1981.

The client initially entered the UK on a spouse visa and, after completing the relevant qualifying period on the partner route, successfully obtained indefinite leave to remain. Prior to securing indefinite leave, she undertook the Life in the UK test. She did not pass on her first attempt and therefore rebooked the test at an alternative test centre. During the security process at that centre, concerns were raised by staff before the test commenced, and the client was asked to leave.

The client subsequently retook and passed the Life in the UK test at a different approved test centre. This result was accepted by the Home Office in support of her successful application for indefinite leave to remain.

At the beginning of 2024, the client’s first application for British citizenship was refused. The Home Office concluded that she did not meet the good character requirement, citing an alleged abuse of the Life in the UK or English language testing process and an alleged attempt to mislead a government department through the submission of fraudulent documents. The Home Office subsequently clarified that no concerns had been raised regarding the client’s English language test.

A reconsideration request was submitted shortly after the refusal but was unsuccessful. The client was subsequently misadvised by another firm to lodge an appeal with the First-tier Tribunal. As there is no statutory right of appeal against a refusal of British citizenship, the appeal was dismissed on jurisdictional grounds. The client remained unaware of these procedural limitations until she instructed our firm early last year.

Home Office Guidance – Deception in Previous Applications

The relevant Home Office guidance makes clear that an application will normally be refused where there is evidence that a person has employed deception either during the citizenship application process or in a previous immigration application within the preceding 10 years. The guidance further states that it is irrelevant whether the deception was material to the grant of leave, and that any deception is regarded as continuing until the date on which it is discovered or admitted.

This represents a significant hurdle for any applicant, as the Home Office is entitled to treat alleged past irregularities as a serious factor weighing against the grant of citizenship. In our client’s case, the previous refusal was framed by the Home Office as an allegation of deception, which placed her fresh application in a high-risk discretionary category.

Our involvement (what we did)

At the outset, we advised the client that a fresh citizenship application would be discretionary and that the matter presented challenges in light of the previous allegation of deception. We explained that submitting a fresh application would allow for full reconsideration of the evidence and preserve the option of pursuing judicial review if necessary. Notwithstanding these challenges, our primary objective was to prepare the strongest possible application and invite the Secretary of State to exercise discretion favourably.

Upon receipt and analysis of the disclosed material, we prepared comprehensive legal representations addressing each statutory requirement for naturalisation, with particular emphasis on the good character assessment. The application was supported by extensive documentary evidence, including employment and tax records demonstrating sustained lawful activity in the UK and multiple independent character references from individuals with long-standing knowledge of the client.

We also provided corroborative evidence addressing the specific allegation relied upon in the previous refusal, including correspondence from relevant test providers, disclosure material obtained through the subject access request, and contextual evidence explaining the circumstances of the disputed incident. In addition, we relied on the fact that the client’s successful Life in the UK test had already been accepted by the Home Office when granting indefinite leave to remain, which significantly undermined the basis of the earlier adverse finding.

The application was submitted in late 2025, accompanied by detailed legal representations and a structured bundle of supporting documents. We specifically requested that the application be reviewed by a senior caseworker in light of the legal issues raised.

Outcome

The application was granted just over three months after submission.

Conclusion

This case underscores the importance of meticulous legal analysis and strategic preparation in British citizenship applications, particularly where allegations of deception or adverse character findings have previously been made. It demonstrates that, with robust evidence, well-structured legal submissions, and a clear understanding of Home Office discretion, it is possible to successfully challenge adverse conclusions and secure a positive outcome for eligible applicants.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Fraudulent Misrepresentation: What Clients Need to Know After Credit Suisse Life v Ivanishvili

We frequently receive enquiries from clients who believe they were misrepresented into entering contracts they would never otherwise have agreed to. These situations arise across a wide range of transactions – investment products, insurance arrangements, commercial agreements and property dealings – often involving trusted advisers or long-standing professional relationships.

A recent and significant Privy Council decision, Credit Suisse Life (Bermuda) Ltd v Ivanishvili and others , provides welcome clarity on the law of fraudulent misrepresentation. The judgment cuts through a number of misconceptions and confirms that the courts will focus on commercial reality rather than artificial technical hurdles.

The legal foundation: fraudulent misrepresentation

Fraudulent misrepresentation (or deceit) requires four core elements:

A representation of fact, whether express or implied
Falsity
Dishonesty – knowledge of falsity, lack of belief in truth, or recklessness
Inducement – the representation caused the claimant to enter the contract and suffer loss

While these principles are long-established, Ivanishvili is particularly important in clarifying how they are applied in practice.

No need for conscious awareness

One of the most powerful aspects of the decision is the Privy Council’s rejection of the argument that a claimant must show conscious awareness of the misrepresentation at the time it was made.

The Court confirmed that this is not a legal requirement. What matters is whether the representation operated on the claimant’s mind and induced the transaction – even if the claimant could not later identify or articulate it as a distinct statement.

As the Privy Council made clear, it is a mistake to elevate evidential issues into rigid legal requirements. In many real-world transactions, particularly complex financial or advisory arrangements, representations are absorbed implicitly rather than consciously analysed.

Implied representations carry real weight

The decision also underlines that fraudulent misrepresentation is not limited to express statements. Implied representations – conveyed by conduct, structure, or the very nature of a proposal – can be just as powerful.

In Ivanishvili, the act of proposing an investment structure carried an implied representation that the assets would not be handled dishonestly. That implication was false, known to be false, and relied upon. That was enough.

This is especially relevant where advisers, intermediaries or institutions present products within an established relationship of trust. The law recognises that trust itself can be the mechanism by which misrepresentation operates.

Reliance: substance over form

The Privy Council reaffirmed that a claimant does not need to prove that the misrepresentation was the sole or dominant reason for entering into the contract. It is sufficient that it was a real and effective cause.

Equally important, acting on an “unconscious assumption” does not defeat a claim. The law is concerned with causation in substance, not artificial distinctions about how beliefs are formed.

Why this decision matters

For claimants, this judgment is a strong signal that the courts will not allow dishonest parties to escape liability through technical arguments divorced from commercial reality.

For defendants, it is a clear warning that misrepresentation claims will be assessed by reference to the true effect of representations, not by narrow argument about wording.

Our approach

Fraudulent misrepresentation claims are fact-sensitive and often hard-fought. Early strategic advice is critical – both in assessing prospects and in framing the claim in a way that reflects how the courts now approach inducement and reliance.

This decision sends a clear message: where a party is dishonestly induced into a contract, the law provides strong remedies. The focus is on what really happened, not technical obstacles.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

UK to Rejoin the EU’s Erasmus+ Programme from 2027: What Are the Key Implications for Students?

Recently, the Department for Education (DfE) has announced that the United Kingdom will rejoin the Erasmus+ programme from 2027. This marks a significant development in the UK’s post-Brexit education and international mobility policy. The decision is expected to reopen structured study and exchange opportunities between the UK and European institutions, benefiting students, educational providers, and training organisations across both the UK and Europe.

What is the Erasmus+ programme?

Erasmus+ is the European Union’s long-standing programme supporting international student exchanges, academic placements, and educational cooperation across Europe, which aims to wide access to study and training abroad for learners from all backgrounds, including higher education students, apprentices, further education learners, and adult learners, as well as education, youth, and sports professionals. It enables students to study abroad at partner universities and higher education organisations by offering grants to help with living costs. British students will be able to spend a year studying at European universities as part of their UK degree courses without paying extra fees, and vice versa for European students.

Under Erasmus+, students enrolled at participating institutions can study or train abroad for a defined period, often without paying additional tuition fees to the host institution, which are covered by the EU. The programme also provides financial support and administrative coordination, making international study more accessible and predictable. The programme will create educational and training opportunities for British apprentices, further education students and adult learners, as well as those in higher education. The government will work closely with institutions and young people to maximise take-up – particularly among disadvantaged groups.

Under the current announcement, in 2027–2028 academic year, British students will once again be able to spend part of their degree studying at European universities, and European students will be able to study in the UK under the same framework. Opportunities will also extend beyond higher education, including work placements with European companies for apprentices and further education students. A UK-based national agency will oversee the programme’s implementation, working closely with institutions to encourage participation, particularly among disadvantaged groups.

What Will be the Impact on Students and Immigration?

The return of Erasmus+ is expected to reduce barriers to international study for both UK and EU students.

For European students wishing to study or train in the UK, Erasmus+ participation may enhance academic experience and improve future prospects under UK post-study immigration routes, such as the Graduate Route or, where applicable, the Skilled Worker route.

Erasmus+ placements are typically short-term and clearly defined, which can make immigration planning more straightforward compared to longer independent study arrangements. UK universities may also see renewed interest from EU students, contributing to greater diversity within the higher education sector.

However, it is important to note that participation in Erasmus+ does not remove the need for appropriate immigration permission. Visa requirements will continue to apply depending on the student’s nationality, length of stay, and nature of the visit.

Our Recommendations

Students considering study or exchange opportunities from 2027 onwards should begin planning early and stay informed as further guidance is released. Immigration requirements, visa conditions, and permitted activities must be carefully reviewed to ensure compliance with UK immigration rules.

Lisa’s Law Immigration team will continue to monitor policy updates and provide further guidance as details of the scheme’s implementation become available. Should you need further advice on student visas or education-related immigration matters, please feel free to contact our immigration team.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Have a question? Our friendly and experienced team are here to help.

Subscribe to our newsletter

We post weekly articles covering a variety of topics, including immigration, property, and more, so subscribe to our newsletter for the latest updates.

Subscribe Newsletter Blog Sidebar

January 28, 2026

Energy Performance Certificate (EPC) Requirements: An Essential Consideration in Lease Transactions

January 28, 2026

£250 Ground Rent Cap: What Leaseholders in England and Wales Need to Know

January 27, 2026

Water Leak Disputes Between Neighbours in England

January 23, 2026

Probate Explained: Key Steps, Grants of Representation and Inheritance Tax

June 17, 2024 June 17, 2024

News and Insights

What are the current rules?

Future changes to EPC

Practical advice

Have questions? Get in touch today!

The Background on Ground Rent

Commitment to Tackle Ground Rent

When Will the Ground Rent Cap Come Into Effect?

What is the Impact on Sellers?

What is the Impact on Buyers?

Have questions? Get in touch today!

Liability for a water leak

What happens once the neighbour is notified of the leak?

How can causation be proved?

Have questions? Get in touch today!

First, what is Probate?

What steps should you take after someone has passed away?

When is a grant of representation required?

When should inheritance tax be paid?

What if my relative passes away without leaving me anything in their will?

How much do your change for the application for a grant of probate?

Have questions? Get in touch today!

Forfeiture: The Legal Power to Take Back a Property

Can You Get Your Property Back After Forfeiture?

The Risk Is Greater Than You Think

What You Should Do

Have questions? Get in touch today!

Why does the current system feel “broken”?

What changes are being proposed?

Upfront property information – before a property is marketed

Potential downside: increased upfront work

Greater use of digital technology and data-sharing

Potential downside: data security

Commitment to reduce fall-throughs

Potential downside: legal protection

What does this mean for Buyers and Sellers?

For sellers

For buyers

Conclusion: a step in the right direction – if implemented carefully

Have questions? Get in touch today!

Facts of the Case

Judgment

Reasoning

What does this mean?

How we can help

Have questions? Get in touch today!

Home Office Guidance – Deception in Previous Applications

Our involvement (what we did)

Outcome

Conclusion

Have questions? Get in touch today!

The legal foundation: fraudulent misrepresentation

No need for conscious awareness

Implied representations carry real weight

Reliance: substance over form

Why this decision matters

Our approach

Have questions? Get in touch today!

What is the Erasmus+ programme?

What Will be the Impact on Students and Immigration?

Our Recommendations

Have questions? Get in touch today!

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar