Pre-Settled Status Granted in 2025 Despite Leaving Before Brexit Deadline

The Applicant is a Chinese national who held a Biometric Residence Card (BRC) as a family member of an EEA national. The BRC card expired at the end of 2022. Both the application and the EEA national sponsor resided in the UK for 3 years until they left the UK before 31 December 2020. Neither of them was eligible for permanent residence when they left. They returned to the UK in March 2024.

Following their return, the Applicant instructed our firm to submit an application in September 2024 for pre-settled status under the EUSS (EUSS). The application was duly prepared and submitted on their behalf.

Despite the Applicant’s absence from the UK after the end of the Brexit transition period, the Home Office granted pre-settled status in February 2025.

Key Timeline Summary

Event	Date	Notes
Granted BRC as EEA national’s dependent	Before Dec 2020	Under EU free movement
Left the UK	Before 31 Dec 2020	Before Brexit transition ended
Outside the UK. BRC card expired	December 2022
Returned to UK	March 2024	After the EUSS deadline
Application for pre-settled status	Oct 2024	After the 30 June 2021 EUSS deadline

Legal Position

EUSS Deadline

The EUSS closed for most new Applicants on 30 June 2021.
Applications after that date are only allowed in limited circumstances – where the person:

Already had pre-settled status and is upgrading to settled status, or
Has “reasonable grounds” for a late application and meets the eligibility conditions (residence before 31 December 2020).

Continuous Residence Requirement

To qualify, the Applicant must show:

The Applicant was resident in the UK by 31 December 2020, and
The Applicant has maintained continuous residence since then (with absences not exceeding 6 months in any 12-month period, except for specific reasons like COVID-19, illness, etc.).

Since both left before 31 December 2020 and only returned in March 2024, their continuous residence was broken. This means:

They no longer qualify under the EUSS, because they were not continuously resident after the transition period ended.

BRC Status

BRCs issued under the EEA Regulations ceased to be valid after 31 December 2020 for residence rights purposes (and for travel after 30 June 2021).
So even if the card was valid physically, it no longer confers any right to re-enter or reside under the EU rules.

Surface Conclusion and Issues

The Applicant couldn’t qualify for pre-settled status under the EUSS, because:

They left the UK before 31 December 2020,
Their residence was not continuous, and
They returned after the EUSS cutoff date (30 June 2021).

So in principle, someone who left before 31 Dec 2020 and returned only in 2024 should no longer meet the residence condition – their rights under the EUSS would have lapsed.

Our Submission

We focused on “reasonable grounds” for the late application and meets the eligibility conditions (residence before 31 December 2020).

Legal Submissions

Under Appendix EU of the Immigration Rules, a family member of a relevant EEA national may be granted status if a qualifying relationship existed before 31 December 2020 and continues to exist at the time of application.
The Applicant’s BRC (valid 2017–2022) and marriage to the EEA national confirm the existence of a qualifying relationship before the end of the transition period.
Departure before 31 December 2020
Both the Applicant and the EEA national sponsor left the UK prior to 31 December 2020. The departure was not initially intended to be permanent but was extended due to personal, family, or other unavoidable reasons.
The Home Office’s published guidance on late applications allows for discretion where the Applicant demonstrates genuine and reasonable grounds for delay, including reliance on previous residence documents or misunderstanding of post-transition arrangements.
The Home Office considered the application and, notwithstanding the period of absence and late submission, granted pre-settled status under the EUSS. This outcome confirms that the Home Office accepted the Applicant’s ongoing family relationship and the reasonable grounds for making a late application.

Conclusion

The Applicant has now been granted pre-settled status under the EUSS, confirming their lawful residence in the UK as the spouse of an EEA national. Although there was a significant gap in residence, the Home Office exercised discretion in recognising the Applicant’s ongoing relationship and previous lawful residence evidenced by the valid BRC.

The Applicant intends to maintain continuous residence in the UK from March 2024 onwards to meet the qualifying period for settled status in due course.

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Landmark Legislation Recognises Digital Assets as Property

On 2 December, the Property (Digital Assets) Act 2025 received Royal Assent and came into force. The Act makes England and Wales some of the first countries in the world to legally recognise digital assets as personal property The Act ensures the UK remains at the forefront of rapidly evolving technological markets, reinforcing its position as a leading jurisdiction for legal and technological innovation It also provides legal clarity and certainty, while strengthening protections for digital assets such as cryptocurrencies and non-fungible tokens (NFTs).”

Background

The new Act follows a Law Commission report and draft Bill which highlighted the pervasiveness of digital assets in modern society. The report emphasised that, as many individuals treat digital assets as personal property, they should be afforded legal protection accordingly.

In recent years, courts had begun to develop common law to accommodate digital assets through cases like:

AA v Persons Unknown [2019] EWHC 3556 (Comm) recognised Bitcoin as property capable of being subject to proprietary injunctions and freezing orders;
Osbourne v Persons Unknown [2022] EWHC 1021 (Comm) established the same for NFTs, allowing them to be protected by the same remedies.

Despite these judicial developments, the lack of formal legislation left the issue of digital assets uncertain and vulnerable to change. This created unpredictability for estate planning, trust creation, matrimonial property division, and other uses of digital assets. The new Act provides statutory clarity and protection by codifying the principles which previously emerged from common law.

What does the Act do?

Historically, only two categories of personal property were recognised under English law:

A thing in possession: tangible, movable and visible objects (such as cars or jewellery)
A thing in action: rights which are enforceable through legal action or claims (such as debts or shares)

The Property (Digital Assets) Act 2025 now provides that:

“A thing (including a thing that is digital or electronic in nature) is not prevented from being the object of personal property rights”

This provision effectively establishes a new third category of personal property, enabling digital and electronic assets to be recognised as personal property.

Importantly, the Act does not provide a definitive list of what assets may qualify. Instead, it preserves flexibility for the courts to apply legislation in accordance with emerging technologies and new forms of digital assets, allowing the law to adapt and evolve with technological developments.

How may this affect wills and probate?

The Act provides clarity for individuals wishing to pass on digital assets as part of their estate. Testators can now safely include digital assets such as NFTs or crypto-currency in wills with the assurance that they will be recognised for purposes of inheritance and succession. They are capable of being inherited, transferred, and gifted in the same way as traditional forms of property.

For personal representatives, administrators and executors, the Act removed previous uncertainty by clarifying that digital assets can form part of the estate and may be managed and distributed to beneficiaries in the course of probate.

Additionally, digital assets can be held in trusts, providing new opportunities for the preservation, management, and controlled transfer of wealth across generations.

In cases of dispute, misappropriation or suspected theft, the courts retain the power to grant proprietary injunctions or freezing orders, helping to secure digital assets and protect estates and trusts.

How may this affect family law?

Though not immediately obvious, the Property (Digital Assets etc) Act 2025 has important implications for family law. By recognising digital assets as personal property, the Act allows them to be treated alongside traditional assets in divorce or separation proceedings. Most crucially, they can now be considered part of the matrimonial estate, enabling courts to take them into account when calculating equitable distribution.

They can also be included in cohabitation or nuptial agreements, providing greater certainty for the treatment of digital assets in the event of separation or divorce.

Next Steps for You

To ensure your digital assets are properly managed, protected, and reflected in your estate and family planning, you may wish to:

Update wills and trusts to explicitly include digital assets
Maintain secure records of access instructions for digital assets, such as passwords, passkeys, or crypto-wallet credentials, to ensure executors or trustees are able to access the property
Review and update cohabitation or nuptial agreements to clarify the intended treatment of digital assets in the event of separation or divorce
Reconsider overall estate planning strategies to account for digital holdings

Our family, wills and probate team is ready to advise you and assist with any of these steps, helping ensure that your digital and traditional assets are protected and managed according to your intentions.

Have questions? Get in touch today!

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

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Limited vs Full Title Guarantee in Conveyancing: What Buyers Need to Know (and How to Protect Yourself)

If you’re buying a property in England or Wales, you’ll see the contract state whether the seller gives Full Title Guarantee or Limited Title Guarantee. Most people overlook this line, but it can make a real difference to the level of protection you have as a buyer.

When property is sold in England and Wales, the Law of Property (Miscellaneous Provisions) Act 1994 (“LP(MP)A 1994”) requires the seller to give either Full Title Guarantee (FTG) or Limited Title Guarantee (LTG). These guarantees shape the seller’s contractual promises about the property’s title. Understanding the difference is crucial for buyers assessing risk.

Full Title Guarantee

Under the Law of the Property (Miscellaneous Provisions) Act 1994, a seller giving FTG is promising that, and in in effect he/she confirms that:

“I own this property and I have the full right to sell it.”
“There are no hidden rights, charges, or restrictions—except anything I’ve already disclosed.”
“If anything needs sorting out to perfect your title, I’ll assist.”

This is the best type of guarantee a buyer can receive. If a problem emerges later—say, an undisclosed right of way—you may have grounds to claim against the seller for breach of these implied promises. In practice, FTG is used in most sales of freehold or leasehold property by owners selling in the ordinary course of ownership.

Limited Title Guarantee

A seller giving LTG only promises two things:

“I haven’t done anything to encumber the property.”
“I am not aware of anyone else doing so while I’ve been responsible for it.”

That’s all. The seller is not guaranteeing good, clean title. They may simply not know what’s lurking in the property’s history. Crucially, they do NOT guarantee a good and marketable title nor that unknown encumbrances do not exist.

This is common when the seller is:

an executor handling a deceased owner’s estate,
a mortgage lender selling a repossessed property,
a trustee or receiver,
or anyone who has never lived in or fully investigated the property.

Significance of the Difference between Full Time Guarantee and Limited Time Guarantee

Full Title Guarantee (FTG)	Limited Title Guarantee (LTG)
Buyer gets strongest protection	Buyer faces more uncertainty.
Seller warrants good title and disclosure.	Seller only warrants against his own acts/knowledge.
Easier for Buyer to bring a claim if title proves defective	Harder to bring a claim as the Seller’s knowledge may be minimal

It is important to note that LTG does not mean something is wrong with the Property—it just means the seller cannot promise as much. LTG increases risks of unknown restrictive covenant, missing rights of way, boundary issues and other third-party interests etc.

If I Am the Buyer, Will Limited Title Guarantee Prejudice My Rights?

Not necessarily, your fundamental property rights remain intact, but it places greater emphasis on your solicitor’s due diligence. Transactions with LTG are common and usually proceed safely when handled with proper care and investigation.

How to Cope With LTG as a Buyer

Enhanced title investigation
Your solicitor must thoroughly review the Land Registry entries, historical documents, and any potential unregistered interests.
Searches and enquiries
Conduct full local authority, drainage, environmental, and additional searches if necessary. Ask targeted enquiries about boundaries, rights of way, occupiers, and works carried out. Your own investigation can also be valuable.
Indemnity insurance
Where risks cannot be fully assessed or eliminated, your solicitor may recommend tailored insurance to protect you.

Conclusion

FTG provides strong buyer protection, while LTG does not prevent you from acquiring secure ownership, it heightens the need for careful conveyancing, investigative searches, and often indemnity insurance. With proper legal advice and due diligence, buyers can confidently proceed with purchases that involve LTG.

If you’re dealing with a LTG or something about the title doesn’t look quite right, feel free to reach out to Lisa’s Law professional team. we can help you:

understand the risks;
decide what questions to ask the seller;
evaluate whether indemnity insurance is appropriate; and
understand what we should be checking for you.

Get in touch with Lisa’s Law today for expert conveyancing advice.

Have questions? Get in touch today!

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

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Retrospective Protections Under the Building Safety Act 2022: Lessons from Adriatic Land and Triathlon Homes

The Building Safety Act 2022 (“BSA 2022”) was introduced in the wake of the 2017 Grenfell Tower disaster. In view of the complexity of the legislation, there have been disputes between leaseholders and landlord on the application of the law. As disputes have arisen over the scope of Building Safety Act protections, two recent Court of Appeal decisions – Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point [2025] EWCA Civ 856 and Triathlon Homes LLP v Stratford Village Development Partnership [2025] EWCA Civ 846 – have provided a clarification on the scope and purpose of the BSA 2022.

Together, they demonstrate the courts’ firm commitment to giving effect to Parliament’s intention: shifting the financial burden of building safety defects away from leaseholders and onto those responsible for developing, owning, or deriving commercial benefit from affected buildings.

Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point: Retrospective Exclusion of Service Charge Recovery

In Adriatic Land, the Court of Appeal held that paragraph 9 of Schedule 8 to the BSA 2022 prevents landlords from recovering, via the service charge, their legal and professional costs associated with liability for safety defects under qualifying leases. Crucially, this protection applies retrospectively, covering costs incurred even before the Act came into force on 28 June 2022.

Key Findings

Wide interpretation of excluded costs

The court confirmed that the exclusion covers a broad range of legal and professional expenses, including:

Legal advice
Court or tribunal proceedings
Alternative dispute resolution

This ensures that leaseholders are not indirectly made to fund the landlord’s defence or pursuit of building safety liability matters.

Retrospective effect is deliberate
The court considered retrospective application necessary to secure the full scope of leaseholder protection intended by Parliament. Without it, landlords could pass on substantial historic legal costs, undermining the purpose of the Act.

Implications

The decision significantly strengthens leaseholder protections by:

Preventing the “back-door” recovery of legal expenses through service charges;
Encouraging landlords to take responsibility for the costs of managing safety defect liabilities; and
Reinforcing the principle that leaseholders are not a funding source for disputes arising from historic building safety failings.

Triathlon Homes LLP v Stratford Village Development Partnership: Retrospective Application of Remediation Contribution Orders

Triathlon Homes LLP’s application of Remediation Contribution Orders (“RCOs”) under section 124 of the BSA 2022 against the developers and its parent company, aiming to recover substantial costs already incurred in remedying the defects, was first granted by the First-tier Tribunal, and the Court of Appeal upheld that decision.

Key Findings

Section 124 applies retrospectively

The Court of Appeal affirmed that RCOs may cover remediation costs incurred before the BSA 2022 came into force. This ensures that leaseholders who have already paid for works are not left without recourse merely because expenses were incurred earlier.

Purpose of the Act favours recovery from developers, not leaseholders

The Court of Appeal emphasised that public funds – such as the Building Safety Fund – were never intended to shoulder the full burden of historic defects. Allowing retrospective recovery from developers aligns with the fundamental purpose of the Act.

The “just and equitable” test is deliberately broad

In upholding the First-tier Tribunal’s assessment, the Court of Appeal confirmed that the test allows wide discretion. Relevant factors include:

The developer’s role in creating or contributing to the defects;
The availability (or uncertainty) of public funding;
The overarching aim of allocating responsibility fairly.
The applicant’s motives or the identity of ultimate beneficial owners are irrelevant considerations.

Implications

The decision significantly strengthens leaseholder protections by:

Empowering leaseholders and housing providers to reclaim historic remediation costs;
Confirming the developers may face liability long after construction;
Clarifying that tribunals have broad discretion when determining what is “just and equitable”.

Conclusion

The Court of Appeal’s decisions in Adriatic Land and Triathlon Homes are crucial to the development of building safety law. They affirm the retrospective application of key provisions of the BSA 2022 and illustrate a consistent judicial approach to interpreting the Act purposively and expansively.

It is worth noting that permission to appeal to the Supreme Court on the ground of retrospectivity was just granted for both cases. It remains to be seen whether the Supreme Court will affirm the Court of Appeal’s robust, purposive approach or whether it will recalibrate the limits of retrospectivity within the BSA 2022. Whatever the outcome, the appeals will shape the future scope of Building Safety Act protections and the allocation of financial responsibility for historic building safety defects and for the wider interpretation of the BSA 2022.

Have questions? Get in touch today!

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Criminal Court Reforms- A Much Needed Rebuild for All

The government has announced a major overhaul of the criminal courts aimed at delivering “swift and fair justice”. The criminal court reforms are intended to tackle the crisis of delay in the delivery of justice. Plans of action are aimed at increasing the number of cases that can be heard and strengthening support for those affected by crime.

Investment in victim and witness services

Court case backlog is not news to us, but the number announced is still considerable. There are currently 80,000 Crown Court cases still waiting to be heard. It could reach 100,000 without action. The delays caused are damaging public confidence in our justice system. Many victims have to wait three or four years for their cases to reach trial. And it is not a surprise that a significant number lose faith and withdraw from the process entirely.

Quite considerably, a £550 million investment in victim and witness services over the next three years is the central part of the plans. This money is intended to fund help and support, counselling and specialised services. It has a particular focus on survivors of domestic abuse, rape and other serious sexual offences. This is based on research showing that victims are far more likely to see their case through to the end when they receive consistent support. This would hopefully help for more offenders being held accountable.

What impact will the reforms have?

The reforms will help to cut down waiting time, provide a clearer sense of what to expect for victims and witnesses. However, we cannot ignore the fact that the push for speed may put pressure on defence practitioners, who will need early disclosure and adequate time to prepare cases. We are hoping the government’s funding for legal aid and new pupillages will help to support the legal profession in the criminal sector, and to bring the reforms to thrive.

For the public, it means faster hearings, better-supported victims, and more consistent outcomes. The government also plans to increase the number of Crown Court sitting days so judges can hear more cases. To modernise the courts, (which is urgently needed for a long time), there will be long-term investment in court buildings and digital systems, finally. The current conditions of the courts and dated technologies causes delays and make last-minute adjournments unfeasible. The workforce in this sector has also been under strain for years. The shortages of judges, staff and barristers will be a long-term task to rebuild.

The reforms are much needed. If it is successful, it could reduce long-standing delays and help to rebuild public trust. It is not going to happen overnight, but it is a starting point to a faster, fairer and more supporting system for all who are depending on it.

Have questions? Get in touch today!

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

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Border Security, Asylum and Immigration Act receives Royal Assent

The Border Security, Asylum and Immigration Act received Royal Assent on 2 December 2025. This new legislation introduces new powers and offences which aims to improve UK border and strengthen the immigration system.

The UK government has faced significant pressure on its handling of the “small boats crisis” since being elected in July 2024, with small boats arrivals in 2025 increasing by 7% on the year before as of 8^th December 2025.

What powers does the Border Security, Asylum and Immigration Act introduce?

The Act brings forward a raft of new powers including:

Powers for Immigration Enforcement, the National Crime Agency and police to gather intelligence from illegal migrants’ mobile phones to track down and arrest people smugglers – as well as on arrival at the border, phones can be seized during property, vehicle or premises searches during enforcement raids, officers will no longer need to arrest someone
Making it a criminal offence to supply, offer to supply or handle articles such as small boat parts, for example engines, air valves, and inflation pumps – offenders risk up to 14 years in prison
Making it a criminal offence to download, research or make a record of information linked to people smuggling, such as departure dates, timings and locations of small boats crossings, research on how to make a small boat or gathering intel on where French police might be stationed at the border – offenders could receive up to 5 years in prison
Making it a criminal offence to import, manufacture or supply compartments that modify a vehicle, like fake floors for a van or a lorry to hide migrants underneath – offenders could receive up to 5 years in prison
Making it a criminal offence to put lives in danger during a small boat crossing through physical aggression or refusing to be rescue attempts – offenders could face up to 6 years in prison
Excluding foreign sex offenders from protections under the Refugee Convention, meaning any conviction of a crime that qualifies a foreign national for the sex offenders register will lead to them being denied refugee status
Making it a criminal offence to create or post material online which promotes small boats crossings or services to facilitate illegal migration

What will be the impact of these changes?

These powers are expected to speed up investigations where it might previously have taken months or years to prove offences. With these powers, the law enforcement can intercept, detain and arrest people smugglers who bring in illegal immigrants. Even more, they can intervene and disrupt this kind of criminal activity at an earlier stage.

We anticipate that this Act will deter illegal immigration, reduce small boat crossings in the Channel, strengthen the UK’s asylum and immigration system and allow the UK to be one step closer to restoring order and control at the border.

Have questions? Get in touch today!

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

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Government to Review Financial Remedies and Cohabitation Law: What You Need to Know

In a recent House of Lords debate on 10 November 2025, the Government announced that it will launch a wide-ranging consultation in Spring 2026 on the law governing financial remedies on divorce, civil partnership dissolution and cohabitation. This financial remedies and cohabitation law review has long been anticipated. The Labour Government’s 2024 election manifesto committed to improving rights and protections for cohabiting partners, and further commitments were made in early 2025. The upcoming review will now take a holistic approach, looking at all relationship-breakdown law together rather than in isolation.

The debate follows the Law Commission’s 2024 scoping paper, which set out four potential models for reforming financial remedies. These included clearer statutory definitions, guideline-based frameworks, and property-based systems used in other jurisdictions.

In anticipation of possible reforms, it is crucial for individuals and couples to better understand what may be changing, and how to protect their current position.

Why Reform Is Needed

Financial Division

The current law on financial remedies is still rooted in the Matrimonial Causes Act 1973, which is a framework that heavily relies on judicial discretion. While this gives courts flexibility, it can also to uncertain outcomes in financial division cases.

The law has not been updated to reflect major case law developments, most notably the Radmacher v Granatino decision made 15 years ago, which confirmed that nuptial agreements should be upheld by courts unless they are unfair. However, Parliamentary legislation is necessary to further clarify the principles, and there have been calls for even stronger recognition of nuptial agreements, including support from Ministers during the House of Lord debate.

Cohabitation

Cohabiting couples remain largely unprotected in England and Wales. Unlike married couples and civil partners, cohabitants do not have automatic property occupation rights, inheritance entitlement, taxation benefits, or the power to claim for the division of assets after separation. Although cohabitants can protect themselves through agreements and proper planning, many do not realise the need to do so.

The myth of “common law marriage” unfortunately persists, with many believing that cohabitants gain marriage-like rights, but this is not true in the UK. 47% of respondents in the 2019 British Social Attitudes survey and 2 in 3 cohabitants in the 2017 Resolution survey held this misconception. This gap in protection can leave the financially weaker partner, often women, and children unsupported and vulnerable upon separation. The need for reform is substantial as cohabitation is becoming increasingly common, with the Office of National Statistics reporting in 2021 that 24.3% of couples (around 3.6 million couples) in England and Wales were cohabiting.

What Will the Consultation Cover?

In the House of Lords, Baroness Deech and Baroness Levitt confirmed that the consultation will holistically examine financial remedies across marriage, civil partnership and cohabitation together. This is intended to increase consistency and fairness across all three, which have traditionally been considered separately.

The role and enforceability of nuptial agreements
Whether maintenance should have a time limit
How pensions sharing can be made more accessible and fair
Whether child financial support should extend beyond 18
Clearer statutory guidance to reduce litigation and improve predictability

Throughout the debate, there was strong emphasis on ensuring that children remain at the centre of any new legal framework. Though we do not know the exact scope of the consultation yet, we can expect it to be wide-reaching and comprehensive.

How Might This Affect You?

While no decisions have been made yet, the consultation signals that significant changes are likely in the coming years. Individuals may wish to consider how these developments could affect them:

Nuptial agreements may gain stronger legal standing

Couples planning to marry or remarry may choose to discuss, update or create a prenuptial or postnuptial agreement now, particularly where there are:

Children from previous relationships
Business assets belonging to one party
Inherited assets belonging to one party
Imbalances in earnings or contributions

Financial division may become more predictable

Codification or a framework-based model for financial division could give separating couples clearer expectations, reducing litigation and stress. Greater certainty would build on the progress already achieved through no-fault divorce, potentially easing pressure on the family courts and enabling couples to resolve matters earlier and more constructively. Depending on their situation and preferences, couples may choose to accelerate or delay proceedings to take advantage of the current system or wait for reform.

Cohabitants may gain stronger rights and protections

Although reform is anticipated, change will not be immediate. Cohabiting couples should urgently review their legal position and consider:

Making or updating wills
Recording ownership in property deeds
Entering into a cohabitation agreement
Preparing lasting powers of attorney

These steps will provide meaningful protection under current law.

How We Can Help

Legal reform of this scale can cause confusion and uncertainty. Our family law team is experienced in navigating both current law and the changing landscape. We can provide:

Clear, pragmatic advice tailored to your circumstances
Pre-nuptial or post-nuptial agreements
Guidance on separation, divorce and financial claims
Cohabitation agreements
Property and inheritance planning for cohabiting couples

As the consultation progresses, we will continue to monitor developments and update clients on how any proposed reforms may affect them.

If you would like to understand how the upcoming changes may impact you, or to review your current position, please contact our family team for expert, confidential advice.

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.

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What Is the Mansion Tax Announced in the Budget? Find Out Here

For years, the idea of a “mansion tax” has floated around UK politics – a shorthand for an extra charge on owners of high-value homes. With pressure on the Chancellor Rachel Reeves to raise taxes, the idea of a pure wealth tax has proven increasingly popular in recent months.

While the government have ignored calls for a pure wealth tax, the mansion tax introduced in the 2025 Autumn Budget sees the introduction of a new levy on expensive residential properties. Some have argued that this has a similar effect.

The Government avoids the phrase mansion tax, preferring the official name High Value Council Tax Surcharge (HVCTS). But what actually is the mansion tax? Well, at its core level, it’s an annual additional charge on properties worth over £2 million.

Below, we break down what the mansion tax means, how it will work, and what homeowners should expect.

A Simple Explanation: What Is the Mansion Tax?

At its core, the mansion tax is an extra annual charge applied on top of the usual council tax for very high-value homes.

Instead of changing the existing council tax bands – which are based on 1991 values and have long been criticised as outdated – the Government has opted for a new surcharge that only affects the most expensive residential properties.

So, if you own a home worth more than £2 million (based on new valuations to be carried out in 2026), you will pay your normal council tax plus this additional amount each year.

Who will pay the mansion tax?

The surcharge applies to all residential properties in England valued at more than £2 million. This threshold is assessed through a large-scale valuation exercise by the Valuation Office Agency in 2026.
Only a very small proportion of homes fall into this category – roughly 0.5% to 1% of properties, most of them in London and the South East.

These amounts will rise each year from 2029/30 in line with inflation.

When does the mansion tax come in to force?

The new charge will begin in April 2028, giving time for the national valuation exercise and for the appeals system to be set up.

Why is the Government introducing the mansion tax?

The Budget frames the surcharge as a matter of fairness. According to ministers, many ordinary households pay a higher proportion of council tax relative to property value than owners of multi-million-pound homes. The mansion tax is intended to reduce this imbalance without overhauling the entire council tax system.

The measure is also expected to raise over £400 million per year, contributing to wider Budget plans to strengthen public finances.

What if I’m buying or already own a property worth £2m or more?

With the surcharge set to come into force in April 2028, it is likely that you will be affected by the mansion tax.

As a result, you will have to pay an annual tax with the minimum amount being £2,500, and the highest you will be asked to pay being £7,500.

How much will the mansion tax cost me?

The surcharge is tiered according to property value:

£2.0m–£2.5m: £2,500 per year
£2.5m–£3.5m: £3,500 per year
£3.5m–£5m: £5,000 per year
£5m+ : £7,500 per year

Will This Affect the Property Market?

The introduction of a mansion tax could have several practical impacts:

Valuation disputes: Expect a high volume of appeals once the 2026 valuations are released, especially for properties near the £2m threshold.
Market behaviour: Homes just above the £2m level may see pressure on pricing as buyers seek to avoid crossing the boundary.
Cash-poor owners: Long-term residents of high-value homes – such as older owners – may find the new annual cost challenging.

For most buyers and homeowners, however, the surcharge will have no effect whatsoever.

Conclusion

The 2025 Budget marks the first time a UK government has introduced a genuine, nationwide “mansion tax”. While officially labelled the High Value Council Tax Surcharge, its purpose is clear: to make owners of the most expensive homes contribute more each year, while leaving the wider council tax system untouched.

For owners of high-value properties – or buyers considering a purchase in the £2m+ market – understanding this new charge will be an important part of future tax planning. Contact Lisa’s Law’s expert conveyancing team for more information.

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

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Massa v Formula One Management Limited and Others – An Important Update on Section 32 of the Limitation Act

Formula One is enjoying unprecedented global popularity, with record audiences and growing commercial influence worldwide. Yet in 2025, F1 made headlines in the English High Court for a very different reason – a legal battle about time limits for bringing claims. The case of Massa v Formula One Management Limited and Others has drawn attention not only because it involves a former F1 driver, but because it highlights an important provision of English law that can allow claims to be brought many years after the original events. This provision is Section 32 of the Limitation Act 1980.

This update explains, in practical terms, how Section 32 works and why it is important for clients involved in disputes where key facts may have been concealed.

What Was the Background of the Massa Case and How Did Section 32 Arise?

Mr Felipe Massa was an F1 driver who narrowly lost the World Championship to Lewis Hamilton in 2008. Many years later, allegations resurfaced that a race during that season had been deliberately manipulated for competitive advantage. Mr Massa alleged that senior figures within Formula One and the sport’s governing bodies were aware of this manipulation at the time but deliberately concealed it to avoid reputational damage.

Crucially, Mr Massa argued that he only became aware of the full extent of this alleged concealment in 2023, following public statements made by a senior former F1 figure Mr Bernie Ecclestone. On that basis, he relied on Section 32 to argue that the usual time limit should only start running from 2023, not from 2008.

The defendants applied to strike out the claim on the basis that it was clearly too late. The High Court refused those applications. The Court held that the issue of deliberate concealment under Section 32 was fact-sensitive and could not be determined summarily. The Court was satisfied that there was a real prospect that Mr Massa could establish deliberate concealment at trial, based on the pleaded evidence, including the timing of knowledge within the sport’s authorities and subsequent public disclosures.

What Are Limitation Periods?

Firstly, let’s start with what limitation periods actually are. In England and Wales, most legal claims must be started within a specific time limit, known as a limitation period. For example:

Most contract and negligence claims must be brought within six years.
Personal injury claims usually must be brought within three years.

If a claim is started after the relevant time limit has expired, it will normally be time-barred, regardless of its merits.

In the Massa case, the events complained of occurred in 2008, but the claim was not issued until 2025 – well outside the usual six-year time limit. The claim could only proceed if an exception applied.

What Is Section 32 of the Limitation Act?

Section 32 provides an important protection for claimants where wrongdoing has been deliberately hidden. In simple terms, it says that the time limit for bringing a claim does not start running until the claimant has discovered, or could reasonably have discovered:

That a relevant fact was deliberately concealed;
That the claim is based on fraud; or
That there was a deliberate breach of duty which was unlikely to be discovered at the time.

Where Section 32 applies, the legal “clock” is effectively paused until the truth comes to light.

How Does Section 32 Work in Practice?

From a practical perspective, Section 32 operates in four key steps:

A relevant fact must exist
This is a fact that the claimant needs in order to bring a proper legal claim.
That fact must have been deliberately concealed
This means more than simple silence or oversight — there must be intentional hiding of the truth.
The court must determine when the claimant discovered the truth
Or when they could reasonably have discovered it by making sensible enquiries.
Only then does the normal time limit begin to run
The usual six-year or three-year period starts from that later discovery date, not from the original wrongdoing.

Importantly, having suspicions is not enough. A claimant must have sufficient information to understand that a legal claim truly exists.

Why Is This Important for You?

Section 32 is particularly relevant in cases involving:

Fraud and financial misconduct;
Concealed regulatory breaches;
Professional negligence that only later becomes apparent;
Corporate or institutional wrongdoing.

The Massa case shows that even where many years have passed, a claim may still be legally viable if key facts were deliberately hidden and only uncovered later. It also demonstrates that courts are generally cautious about dismissing such claims at an early stage, especially where concealment is alleged.

For defendants, it is a reminder that the passage of time does not always provide a guaranteed defence if concealment is involved. For claimants, it offers reassurance that time limits may not defeat a claim where the truth has only recently emerged.

Conclusion

Section 32 of the Limitation Act 1980 plays an important role in ensuring fairness where wrongdoing has been deliberately concealed. The Massa case illustrates how this provision can revive claims that would otherwise appear to be long out of time. While each case will always turn on its own facts, the key message is clear: where concealment is involved, limitation is not always the final word.

If you believe that important facts relevant to a potential claim may have been concealed from you, early legal advice is essential. Timely action following discovery is critical, even where Section 32 may apply.

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

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Lisa’s Law Achieves Wills and Inheritance Quality Scheme Accreditation from The Law Society

Lisa’s Law is proud to announce that we have been awarded the Wills and Inheritance Quality Scheme (WIQS) accreditation by the Law Society.

This accreditation is a recognised mark of excellence, demonstrating that our Family Law team meets the highest standards of practice, client care and expertise in wills, inheritance and estate planning work.

WIQS not only reflects the quality of the service we provide, but will also serve as a strong foundation for maintaining and further improving our standards in the years ahead. It will help strengthen client confidence in our expertise and help support the continued growth of our client base.

Xinlei Zhang, who leads our Family Law practise:

Achieving WIQS accreditation is a significant milestone for our firm, highlighting our dedication to the highest standards in wills and inheritance planning. This recognition reassures clients that their matters are managed with exceptional expertise and celebrates the outstanding commitment and hard work of our team.

Managing Director, Chuanli Ding:

I am pleased that Lisa’s Law has achieved WIQS accreditation. This distinction is a testament to our expertise in this niche area of practice and our continuous commitment to delivering high quality service to clients. I am confident that this new status will empower us to serve more clients and take up our practice to new heights.

What can clients who use our Wills and Inheritance services expect?

Achieving WIQS means that clients can continue to expect:

A clear and transparent process from the outset
Tailored advice that reflects their personal circumstances
Robust quality assurance and risk-management procedures
A consistent, professional service delivered by trained specialists

This accreditation reflects our ongoing commitment to providing trusted, high-quality advice to individuals and families planning for the future.

If you need support with drafting a will, updating your estate plans, or navigating inheritance issues, our accredited team is here to help.

You can find out more about our Wills and Inheritance services in our brochure here.

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

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News and Insights

Key Timeline Summary

Legal Position

Surface Conclusion and Issues

Our Submission

Conclusion

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Background

What does the Act do?

How may this affect wills and probate?

How may this affect family law?

Next Steps for You

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Full Title Guarantee

Limited Title Guarantee

Significance of the Difference between Full Time Guarantee and Limited Time Guarantee

If I Am the Buyer, Will Limited Title Guarantee Prejudice My Rights?

How to Cope With LTG as a Buyer

Conclusion

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Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point: Retrospective Exclusion of Service Charge Recovery

Key Findings

Wide interpretation of excluded costs

Implications

Triathlon Homes LLP v Stratford Village Development Partnership: Retrospective Application of Remediation Contribution Orders

Key Findings

Section 124 applies retrospectively

Purpose of the Act favours recovery from developers, not leaseholders

The “just and equitable” test is deliberately broad

Implications

Conclusion

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Investment in victim and witness services

What impact will the reforms have?

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What powers does the Border Security, Asylum and Immigration Act introduce?

What will be the impact of these changes?

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Why Reform Is Needed

Financial Division

Cohabitation

What Will the Consultation Cover?

How Might This Affect You?

Nuptial agreements may gain stronger legal standing

Financial division may become more predictable

Cohabitants may gain stronger rights and protections

How We Can Help

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A Simple Explanation: What Is the Mansion Tax?

Who will pay the mansion tax?

When does the mansion tax come in to force?

Why is the Government introducing the mansion tax?

What if I’m buying or already own a property worth £2m or more?

How much will the mansion tax cost me?

Will This Affect the Property Market?

Conclusion

Have questions? Get in touch today!

What Was the Background of the Massa Case and How Did Section 32 Arise?

What Are Limitation Periods?

What Is Section 32 of the Limitation Act?

How Does Section 32 Work in Practice?

Why Is This Important for You?

Conclusion

Have questions? Get in touch today!

What can clients who use our Wills and Inheritance services expect?

Have questions? Get in touch today!

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