Landlord and Leasehold Certificates – What Are They?

The Building Safety Act 2022 (BSA 2022) introduced leaseholder protection measures to ensure the safety of high-rise residential buildings. The government has committed to protecting leaseholders from the unfair burden of remediation costs to make their home safe. This article outlines the key components of landlord and leaseholder certificates, both of which are important terminology under the act.

Landlord Certificate

A landlord’s certificate is completed by the relevant landlord (landlord as of 14 February 2022) to pass on historical safety remediation costs to a leaseholder.

The landlord’s certificate demonstrates:

whether the relevant landlord meet the contribution condition on 14 February 2022 (the ‘net worth test’); or
whether the relevant landlord is associated with the person responsible for the defects (the ‘developer test’)

Landlords cannot recover a service charge from leaseholders to remedy relevant defects where either test is met.

Under the BSA 2022, a landlord must provide a completed certificate in the following circumstances:

They wish to pass on remediation costs via the service charge
Within four weeks of receiving notice of sale from the leaseholder
Within four weeks of the landlord becoming aware that a defect was not covered by a previous landlord’s certificate
Within four weeks of any requests for a landlord’s certificate from a leaseholder
Within four weeks of becoming aware of receiving a new leaseholder deed of certificate that amends an earlier one, and requires a new landlord’s certificate

Landlords will be deemed to be responsible for the relevant defect, if they fail to provide the certificate within the four-week period – this applies to all leaseholders (whether they are qualifying or not).

Leaseholder Certificate

A leaseholder’s certificate confirms whether the leaseholder qualifies for protections under the act. It provides details about value and ownership of the property as of 14 February 2022.

If the lease is a qualifying lease, this means the current leaseholder and future leaseholders can benefit from the leaseholder protections, including:

being covered by the contribution caps for the remediation of non-cladding relevant defects
no service charge is payable under a qualifying lease for remediation of relevant defects if the landlord meets the developer test or contribution condition

If you are selling a lease, you will normally be required to provide a leaseholder’s certificate to the buyer to demonstrate whether the lease qualifies.

You can choose to produce a certificate at any point to confirm your qualifying status.

You must provide a certificate if notified in writing by your current landlord, either because of a sale or there is a relevant defect in the building.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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A Legal Guide to Selling Freehold Commercial Properties

Freehold commercial properties are often sold in two forms: vacant and subject to leases. In each scenario, there are important aspects to consider, including marketability, planning permissions, disclosure obligations, VAT implications, and statutory compliances.

It is difficult to say which type of property is more popular on the market. A vacant property provides flexibility for future development, change of use, or personal business operations; however, properties subject to leases come with existing tenants and lease agreements, making them attractive as income-generating investments to other buyers.

Planning

Planning is another important issue in commercial property transactions. A buyer will clearly want a property to have the required planning permission for the intended use. It is particularly important for vacant properties where a buyer may wish to redevelop or repurpose the space. A seller should ensure that all relevant permissions are documented and readily available for inspection; otherwise, it is likely to cause delay in the transaction or even for it be aborted eventually.

Disclosure

Another issue which could affect the progression of commercial property transactions is disclosure. The whole process is by nature for sellers to disclose the relevant information about the property and for the buyer to seek such information. Sellers must provide comprehensive and accurate information about the property, including any encumbrances, easements, or disputes. When selling properties subject to leases, full transparency about tenancy agreements is essential to maintain trust and prevent legal complications.

VAT

VAT (Value Added Tax) is another vital consideration in freehold commercial property sale, as this can significantly impact the transaction’s cost, so both parties should seek professional advice to navigate this complex area. It is always advisable for sellers to clarify VAT applicability as early as possible in the process and ensure all paperwork, such as VAT invoices or exemption certificates, is in order to avoid any unnecessary delay.

Statutory compliance

Lastly but not the least, statutory compliance is yet another issue which needs to be considered and planned in the early stage of commercial property transactions. These include building regulations, health and safety records, fire safety measures, and other environmental issues. Non-compliance with these requirements frequently leads to delays or liabilities for buyers and sellers. Obtaining relevant certificates and reports, such as energy performance certificates (EPCs) and fire risk assessment, is critical to streamline the sale process.

Conclusion

Selling a freehold commercial property—whether vacant or subject to leases—requires careful planning and attention to detail. Preparedness and transparency are the foundation for smooth and swift transactions. Lisa’s Law’s commercial property team has extensive experience in commercial property transactions. Working with our associated tax advisers, we are able to provide legal and tax advice to our clients to mitigate the relevant risks and maximise the value of their properties.

Have questions? Get in touch today!

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Court of Appeal Emphasises that Unlawful Presence Undermines Article 8 Claims

In a significant judgment, the Court of Appeal criticised the First-tier Tribunal (FtT) for allowing an appeal on family and private life grounds, despite the appellant’s prolonged unlawful residence in the United Kingdom. The Court held that the FtT has failed to properly consider the weight that should be given to immigration status when assessing Article 8 claims.

Mr Arshad, a Pakistani national, arrived in the UK in June 2008 on a family visit visa and overstayed his welcome. In 2011, he applied for leave to remain on human rights grounds, which was refused. In 2020, he submitted another application based on his private and family life in the UK, relying on his close relationship with his sister and her children. The application was again refused, with the Secretary of State noting that the claimed family and private life had been formed and developed while Mr Arshad was an overstayer. The application was also refused on private life and exceptional circumstances grounds.

Mr Arshad appealed, and in 2022, the FtT allowed the appeal.

However, the Secretary of State appealed to the Upper Tribunal (UT), arguing that the FtT had afforded disproportionate weight to relationships established during a period of unlawful residence. The UT found an error of law in the FtT’s approach and set aside its decision, dismissing the appeal.

The judgment

Mr Arshad then appealed to the Court of Appeal, which upheld the UT’s decision and offered strong criticism of the FtT’s reasoning. At paragraph 122 of the judgment, the Court stated:

“[…] Paragraph 61 (see paragraph 38, above) is a euphemistic and inadequate account for this purpose. The F-tT obscured the fact that Mr Arshad has been here illegally since January 2009 by saying that his immigration history ‘is not ideal but it is not the worst by any means’. The F-tT did not use the words ‘unlawful’ or ‘illegal’ at all, except when it referred to the fact that Mr Arshad had worked even though he had no permission to. Indeed, it seems to have treated the consequences of Mr Arshad’s overstaying as mitigating factors.

Nor did the F-tT face up to the fact that his relationships were either created (with the children) or developed (with his sister) when he was in the United Kingdom illegally. Still less did the F-tT factor this into its consideration of proportionality. I am also troubled by the F-tT’s references, in paragraphs 43, 49, and 64 of determination 1, to the fact that Mr Arshad had been living here for ‘over six years’ which, again, downplays the facts. I therefore accept Mr Tabori’s submission that there is no hint that the F-tT treated the fact that the relevant relationships were formed or developed during Mr Arshad’s long illegal presence in the United Kingdom as relevant to its assessment. That approach was unlawful.”

The Court concluded that the FtT had fundamentally erred in law by failing to properly assess the significance of unlawful residence in its Article 8 balancing exercise. Accordingly, the appeal was dismissed, and the UT’s decision was upheld.

Conclusion

The Arshad case reinforces the principle that any private or family life established while an individual resides unlawfully in the UK must be given limited weight in the Article 8 proportionality assessment. The Court of Appeal’s decision serves as a clear reminder that tribunals must not downplay the significance of an appellant’s immigration history and must approach such cases with a full understanding of the legal framework governing unlawful residence

This judgment underscores the importance of a structured and lawful approach to Article 8 family and private life claims, particularly where the claimed relationships were developed in breach of immigration control.

Have questions? Get in touch today!

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What do you need to be aware of when you buy a leasehold property with a mortgage?

When applying for a mortgage on a leasehold property, lenders apply stringent scrutiny to the terms of the lease and focus on the safety documents of the property. Below are some of the most common – and often overlooked – issues that can delay or render your mortgage application to be rejected when buying a leasehold property. We would like to highlight some of the most important issues in this article.

Ground Rent

Onerous Ground Rent Review Clauses

Leases that include frequent ground rent reviews (e.g., every 5 years) with ambiguous or uncapped increases are a significant concern for lenders.

For example, Nationwide Building Society will not lend if ground rent review terms allow increases every 5 years or where ground rent doubles periodically without reference to inflation.

Clauses that cause ground rent to double every 10 or 20 years—rather than tracking inflation via an index like RPI or CPI—are increasingly viewed as unfair. In response, the Leasehold Reform (Ground Rent) Act 2022 banned such clauses for new leases, mandating peppercorn (Nominal) ground rent for most new agreements.

But when you are buying the existing lease, you should be aware of those points especially.

Excessive Ground Rent

Ground rent exceeding £250 per annum outside London or £1,000 within London is typically seen as a red flag. Many lenders impose strict caps, fearing future affordability issues for borrowers.

For instance, with Nationwide, the maximum acceptable ground rent is 0.1% of the property’s value and must not exceed £250 p.a. outside London or £1,000 p.a. in London. Barclays may also decline the offer if the ground rent is considered excessive relative to the property’s value.

When there is an excessive ground rent, the purchase or the lender will usually ask for a deed of variation or an indemnity insurance to prevent or reduce such risk — this can delay the transaction and increase legal costs.

Lease Term

Short Remaining Lease Term

Lenders are wary of short lease terms because they reduce the security value of the asset and increase future extension costs. Once the lease drops below 80 years, lease extensions become significantly more expensive due to the marriage value rule, as defined in Cadogan v Sportelli [2007].

For example, Halifax requires for a Lease to have at least 70 years remaining at completion.

You may need a lease extension when you are purchasing a property with a short remaining lease, and it will cause more fees and time for you to deal with it. If you just leave it, when you sell the leasehold property you may be questioned about it from any potential buyers should they require assistance from a lender.

Service Charge

Unreasonable Service Charges

High or disproportionate service charges, especially if they’re not consistent with comparable developments, can raise lender concerns. The Arnold v Britton [2015] UKSC 36 case affirmed that even harsh contractual obligations could be enforced if clearly written, emphasising the importance of carefully reviewing service charge terms.

For example, Barclays may decline applications where service charges seem disproportionate without good reason.

You may also notice that the service charge is really important when you become the owner of the property. Usually, late payment will result in a breach of the lease, which may lead to more serious legal consequences. Also, it may cause more issues when you are going to sell the leasehold property.

Freeholder issues

Absent or Unknown Freeholder

A freeholder who is unreachable or unknown can present practical and legal difficulties, especially when a lease extension or building repairs are required. Such uncertainty may lead lenders to reject the mortgage application outright.

Property safety documents

Cladding and EWS1 Form Issues

Following the Grenfell Tower tragedy, lenders now routinely request a valid EWS1 form for flats in buildings with cladding. Properties without proper certification are frequently deemed unmortgageable. In some instances, entire buildings have seen their property transactions fall through due to unresolved cladding concerns.

Properties with “B2” rating (combustible materials without mitigation) are often rejected for lending. This is important for some buildings that have been built for a long time, and if there are any potential remedies, you as the owner of the leasehold property may be required to contribute, as well as affecting your lender’s valuation of the property for a loan.

Fire Risk Assessment Concerns

In addition to the EWS1 form, Fire Risk Assessments are becoming a key focus for lenders, particularly in leasehold purchases involving flats within high-rise or converted buildings. If a building’s fire risk assessment identifies serious hazards—such as defective fire doors, obstructed stairwells, or overloaded electrical systems—this may render the property unmortgageable.

Even buildings that pass EWS1 requirements may still face scrutiny if fire safety reports rate the building as “high risk” or identify issues requiring urgent remediation. In some cases, lenders may delay or withdraw offers until risks are addressed.

Conclusion

As above, those are the common points which you as a buyer and borrower might face when purchasing a leasehold property with help of a mortgage. You shall consult legal professionals to review the lease terms and investigate issues around rent, service charges, and building safety thoroughly. Overlooking any of these areas can lead to mortgage application refusal.

We strongly encourage you to reach out to us if you have any questions, and we are here to help as always. Speaking to a qualified mortgage advisor or solicitor can help you make the best choice for your situation.

Contact Lisa’s Law today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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Restoring a Company by Applying for a Court Order

Recently, several clients approached us with a common concern: they had voluntarily dissolved their companies, only to later realize there were unresolved matters left behind.

In particular, they had discovered that their company bank accounts still held funds, or that there were outstanding contracts, assets, or obligations requiring attention.

This situation, while stressful, is not uncommon — and fortunately, UK company law provides a mechanism to resolve it: restoring a company to the Companies Register by applying for a court order.

Understanding Company Dissolution and Its Consequences

When a company is voluntarily struck off the register, either through the directors’ application or due to dormancy, it ceases to legally exist. The assets of the company, including any money in bank accounts, become bona vacantia — which means they belong to the Crown. The dissolved company can no longer trade, enter contracts, or take legal action. This becomes a major issue if the directors or shareholders later realize they still need to access company funds, resolve liabilities, or complete unfinished business.

To resolve this, the company can be restored through a court-ordered restoration under Section 1029 of the Companies Act 2006. This process allows a previously dissolved company to be legally revived, effectively as if it had never been removed from the register. There are some important tips to make such application to restore a company:

Time Limits: Applications must generally be made within six years of dissolution, although exceptions exist for certain cases.
Filing Obligations: After restoration, the company must bring all statutory filings up to date — including confirmation statements and accounts.
Tax and Legal Responsibilities: HMRC and other authorities will also consider the company as having continued in existence, so taxes and liabilities for the “gap period” may apply.

How we can help

Restoring a dissolved company through a court order can be a crucial remedy for individuals or entities that discover unresolved financial or legal affairs after dissolution. Whether it’s reclaiming funds left in a company bank account, concluding a property transaction, or satisfying outstanding obligations, this legal process ensures that business can be properly concluded. For clients facing this situation, prompt legal guidance and careful preparation are essential to achieving a successful restoration and safeguarding their interests.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Victory at the Border: Student Secures Compensation After Unlawful Detention

Imagine arriving in a new country, ready to start your studies, only to be detained at the airport and almost sent back home. That’s what happened to a student named Tazeem at London’s Heathrow Airport. His story led to a court case and a lesson about fairness and justice. The case we are discussing today, (Tazeem) v Secretary of State for the Home Department (SSHD), serves as a crucial example for migrants facing unlawful detention in the UK being awarded damages in immigration law.

Background

On 9 September 2022, a 19-year-old Pakistani student, Tazeem, arrived in the UK with a valid student visa to study in this country. He had provided proof of his English skills when applying. However, upon arrival at Heathrow, Border Force officers doubted his English ability despite his prior qualifications. They detained him from 8:16 pm on 9 September until 1:38 pm the next day. After two interviews, including one where he requested an Urdu interpreter, officers decided to cancel his visa and remove him from the UK. He was informed of this decision during a third interview and signed a waiver for administrative review.

Before the scheduled removal, he contacted lawyers, who quickly started a legal challenge. This stopped the deportation, and Tazeem was released on 10 September.

Court Opinion

On 12th September 2022, Tazeem raised judicial review on four grounds: (1) the Home Office failed to inform him of concerns over the authenticity of his English qualifications; (2) the visa cancellation was irrational or procedurally unfair; (3) the rejection of his request for administrative review was flawed; (4) his detention was unlawful.

The judge of the High Court allowed the judicial review on the first ground but dismissed the rest of the grounds. The judge held that the visa cancellation was procedurally unfair, as the appellant had not been clearly informed of doubts regarding his test certificates and thus had no chance to respond. This made the cancellation unlawful.

The Court of Appeal looked specifically at the time he was held after the visa cancellation. The judges said that before the visa was cancelled, the detention was legal. But after that point—since the decision was unfair—the remaining 11–12 hours of detention were unlawful. Tazeem was awarded £4,500 in damages.

Our comments

The Tazeem case highlights the importance of procedural justice in administrative actions. While the government has the right to assess an entrant’s eligibility, this must be done within the law, ensuring the individual has the chance to be informed and respond, especially when their freedom is at stake.

This case serves as a reminder for all visa holders to ensure that their actual circumstances align with the information provided in their visa applications. Discrepancies could lead to visa cancellation or detention. Entrants should be prepared to explain themselves if needed.

While defending one’s rights can be challenging, it is encouraging to know that a path to justice is always available. Procedural fairness is vital for protecting individuals’ rights and ensuring their voices are heard. While the judicial process can be time-consuming, it is an available option for those seeking help.

Should you or any of your relations face visa cancellation or need justice, please do not hesitate to contact Lisa’s law Immigration team. Our experienced team would be happy to assist you.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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/

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James Cook

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Understanding Remortgaging: What It Is and Why It Might Be Right for You

What is Remortgaging?

Put simply, remortgaging is replacing your current mortgage with a new one. This could be through a different lender (known as an external remortgage) or a new deal with your current lender (known as an internal remortgage). Many homeowners consider remortgaging when their fixed-rate mortgage term is ending—usually after two or five years.

It can be a smart financial move for several reasons, such as securing a better interest rate. However, like any major financial decision, it requires careful thought.

Common Reasons for Remortgaging

Homeowners may choose to remortgage for several reasons:

To Get a Better Interest Rate: When your fixed rate ends, you’re usually moved to your lender’s standard variable rate (SVR), which is often higher. Remortgaging can help you avoid this by securing a better deal.
To Release Money: If your property has increased in value, you may be able to borrow more money. This can be useful for home improvements, consolidating debts, or funding major life events.
To Change Terms: Some homeowners remortgage to shorten or extend the length of their mortgage term.
To Consolidate Debt: Although it is not always advisable, remortgaging to pay off other debts might reduce monthly payments. This approach carries risks and should be discussed with a financial expert.

Steps Involved in Remortgaging

Remortgaging is typically quicker and simpler than buying a home. Here’s what you can expect:

Review Your Current Deal: Find out if any early repayment charges or exit fees apply.
Compare New Deals: Compare interest rates, fees, and total costs of new mortgage deals.
Apply for the New Mortgage: This will typically include a property valuation and affordability checks.
Legal Work: A solicitor or conveyancer may be needed, especially if changing lenders.
Completion: Once approved, your old mortgage is paid off with the funds from the new one.

Things to Keep in Mind When Remortgaging

Fees: Some deals come with arrangement fees, valuation costs, and legal fees. Always check the overall cost, not just the interest rate.
Timing: Start looking for new deals 3–6 months before your current rate ends to avoid falling onto the SVR.
Eligibility: Your credit score and income will influence your eligibility.

Final Thoughts

Remortgaging can be a useful way to manage your finances, but it’s important to weigh up the pros and cons. Speaking to a qualified mortgage advisor or solicitor can help you make the best choice for your situation. Contact Lisa’s Law today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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/

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James Cook

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Tragic Legal Victory: Court Rules Spouse Visa Refusal Unlawful, But Justice Comes Too Late

A Jamaican man who was unlawfully denied a spouse visa to join his sick wife in the UK has finally won his legal battle — but heartbreakingly, the judgment came too late. His wife passed away in 2024, shortly after giving birth to their child, and he will now not be granted entry to the UK as a spouse.

The Court of Appeal’s ruling in R (Tomlinson) v Secretary of State for the Home Department [2025] EWCA Civ is a tragic reminder of the human cost of delays and poor decision-making in the immigration system.

Background

Mr Tomlinson, a Jamaican national, came to the UK in 2000 and later overstayed his visa. In 2011, he was sentenced to five years in prison and deported in 2016.

In 2019, he married a British citizen in Jamaica. The couple lived in France, but his wife was receiving essential medical treatment in the UK. In 2020, Mr Tomlinson applied to join her in the UK, stating that his presence was critical to her care due to her deteriorating health.

The application was refused due to a deportation order. He appealed, and in 2022, the First-tier Tribunal ruled in his favour, finding that his removal breached their Article 8 right to family life under the European Convention on Human Rights.

The Home Office revoked the deportation order in 2023 but required Mr Tomlinson to make a fresh visa application.

Second Refusal and Legal Challenge

In July 2023, Mr Tomlinson applied for a spouse visa. The Home Office refused again in August 2023, citing his criminal record — the same reason for the original deportation. The refusal did not refer to the previous tribunal ruling.

He launched judicial review proceedings. Though initially dismissed by the Upper Tribunal, the Court of Appeal found in 2025 that the Home Office was legally bound by the previous tribunal’s findings — unless there had been a significant change in circumstances. There was none.

The court reaffirmed that legal determinations by a tribunal must stand, even if the type of decision changes — from a deportation order to a visa refusal. The Home Office’s refusal was therefore both unlawful and unreasonable.

A Hollow Victory

Although the legal outcome was in Mr Tomlinson’s favour, it came too late. His wife died in November 2024. As a result, he can no longer be granted entry as a spouse.

The Court expressed “considerable sympathy” but stated it had no power to grant entry clearance directly.

Conclusion

This case stands as a painful example of how delays and legal missteps can destroy families. The law was ultimately on Mr Tomlinson’s side — but justice, in his case, arrived too late to make a difference.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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How Important is an Arbitration Clause? A Small Line with Big Consequences

In the rush of finalising commercial contracts, an arbitration clause can often be overlooked. They are treated as standard boilerplate and often barely negotiated and discussed. But that single paragraph could one day control how your dispute is heard and come as a surprise down the road.

It’s Not Just “Whether,” It’s “How”

Arbitration is a private, contract-based alternative to court litigation. Many businesses prefer it for its confidentiality, flexibility, and international enforceability. But these advantages come with trade-offs. In England, if you agree to arbitration, you are giving up almost all rights to appeal. Even if the arbitrator makes a factual or legal mistake, courts will not intervene unless there has been a serious procedural error or a fundamental problem with jurisdiction. That is not a theoretical risk. It is a practical reality that many only discover too late.

An arbitration clause does more than decide whether arbitration applies. It can dictate who hears your case, under what rules, in what country, and in what language. A tightly drafted clause might ensure disputes are heard in London under English law before an experienced panel. A vague one might send you to an unfamiliar tribunal in a foreign seat applying unfamiliar rules.

Scope of the arbitration clause is also critical. If a clause says that any dispute “arising out of or in connection with” the agreement must go to arbitration, the arbitration tribunal can interpret that broadly. You may find yourself arbitrating issues tied to other related contracts, even if those contracts had originally said nothing about arbitration. On the other hand, if the scope of a clause is too narrow, you might be pulled into litigation abroad, even when you expected the matter to be arbitrated.

In one case, parties may assume the arbitration clause covered all their dealings. Later they learned that it did not extend to a side agreement, which forced them into fragmented proceedings in different forums. In another, an arbitrator may rule on a claim arguably from outside the contract.

A Clause That Deserves Attention

The lesson is simple. Arbitration clauses are not standard. They are tools of risk management. Treating them as an afterthought is like signing an insurance policy without reading the exclusions, which could actually be some of the most crucial terms.

If your business operates internationally, arbitration clauses can offer great efficiency and protection, but only if drafted clearly and thoughtfully with legal guidance. It is not just about choosing a forum. It is about making sure the dispute process is fair, enforceable, and commercially sound. If something goes wrong, the dispute clause will be the first thing your lawyer reviews.

At Lisa’s Law, we help clients review and tailor contract clauses to ensure they align with your commercial needs, risk management, and long-term strategy. What may seem like boilerplate today could be the most important clause in the contract tomorrow. A well-drafted arbitration clause does not just resolve disputes but will provide certainty when it matters most.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Guide to Buying a New Build Home

Many people like new build properties, as they are tailored to modern living, offering the latest energy-efficient features, customisable finishes, and warranties that provide peace of mind for years to come that are tailored to modern living. This article is written by Solicitor Cassandra Ngu to provide a general introduction to the process of buying a new build home and highlights common issues which are associated with such purchases to potential buyers.

The general process of buying a new build property

Finding your new home

Upon finding your new home, you will pay a reservation fee which ‘locks’ the property for a set period (normally 28 days). If contracts are not exchanged within this set period, you may lose the reservation and the fee you have paid. If you can, you should try to negotiate a longer period so that you have sufficient time.

Instruct a Solicitor

The developer will recommend a solicitor, but you do not have to use the one they have recommended

Developer Sends Contracts

This pack contains all documents in relation to the development, such as title deeds, planning permission, building regulations approval and 10-year new build warranty documents

Apply for a Mortgage

Depending on the estimated completed build date of the property, you may need to apply for a mortgage straight away. However, if the build complete date is more than 6 months, you may have to exchange contracts first since mortgage offers are only typically valid for 6 months

Exchange of Contracts

The exchange of contracts must take place within the reservation period set out in your reservation agreement.. The completion date can be either a fixed date or a notice period.

At the point when contracts are exchanged, a deposit of 10% is due. Depending on the Contract, there may be stage payments.

Build Completion

The developer will keep you updated about the build process. You may also be asked to do an inspection before the notice is served. Finally, our solicitor will also receive the notice to complete on behalf of you.

Completion day

This is when the balance of purchase price is sent to the developer. Once the developer receives this, they will then receive the keys. The completion day will also include the handover with the developer’s agent. This will include the likes of: meter readings, user manuals for appliances and heating systems.

Post-Completion

After you complete, it is important to ensure that service charge accounts (if any), utilities, council tax, and home insurance are all set up.

Other than that, enjoy your new home!

Common Issues in New Build Purchases

While new build properties may sound perfect on paper, it is important to consider whether they are the right choice for you when you are looking to buy a home. With that in mind, here are some of the most common issues when it comes to new build purchases.

Confusion Around Completion

Buyers are often unaware of the difference between fixed completion dates and “on notice” completion, which can cause uncertainty and planning issues. Without a long-stop date, the developer could delay completion indefinitely. We’ll ensure you understand when you’re expected to complete and can plan accordingly as part of our new build conveyancing service

Mortgage Offer Expiry

New build mortgage offers typically last 6 months. Remember to apply at an appropriate time, reducing the risk of offer expiry.

Deposit Not Properly Protected

If your deposit is held as the developer’s agent and they go bust, you could lose it. We’ll check how your deposit is held (stakeholder vs. agent) and ensure it’s protected by a warranty scheme, so your money is safe.

Inadequate or Unacceptable Warranty

Not all warranties are accepted by mortgage lenders. Check that a valid new home warranty is in place and whether it is acceptable to your lender

We Can Help You

Lisa’s Law is experienced in acting for new build buyers and will represent your best interest. If you need any assistance or have questions about your new build purchase, please do not hesitate to contact us. You can also view our residential conveyancing page for more information about our services.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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

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News and Insights

Landlord Certificate

Leaseholder Certificate

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Planning

Disclosure

VAT

Statutory compliance

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The judgment

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Ground Rent

Onerous Ground Rent Review Clauses

Excessive Ground Rent

Lease Term

Short Remaining Lease Term

Service Charge

Unreasonable Service Charges

Freeholder issues

Absent or Unknown Freeholder

Property safety documents

Cladding and EWS1 Form Issues

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Understanding Company Dissolution and Its Consequences

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Background

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What is Remortgaging?

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Steps Involved in Remortgaging

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Background

Second Refusal and Legal Challenge

A Hollow Victory

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It’s Not Just “Whether,” It’s “How”

A Clause That Deserves Attention

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The general process of buying a new build property

Common Issues in New Build Purchases

Confusion Around Completion

Mortgage Offer Expiry

Deposit Not Properly Protected

Inadequate or Unacceptable Warranty

We Can Help You

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