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Last week, the Migration Advisory Committee (MAC) published its report on the Minimum Income Requirement (MIR) for family visas. The MAC proposed that the MIR should not be matched to the skilled worker route. They also suggested different calculations that could be used instead for family visa financial requirements and made recommendations to improve the way the MIR is evidenced.

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The Report

The Human Impact of the MIR

The report concluded that the MIR, an income threshold which was first introduced in 2012 as £18,600 and in April 2024 was raised to £29,000, has implications for both economic wellbeing and family life, particularly affecting the ability of families to remain together as a family unit. The report considered evidence from organisations, lawyers and individuals and it was observed that the current threshold has led to extended periods of separation for couples, with adverse effects on mental health, relationships, and the development and wellbeing of children.

Problems with the Current Approach

The current MIR is linked to the 25th percentile of earnings for occupations eligible under the skilled worker route. The report highlighted that the use of a threshold based on economic migration benchmarks is misplaced for the partner route, which is designed for  enabling family reunification rather than assessing labour market contributions.

The correlation between sponsor income and the future earnings of the non-UK partner was found to be weak, meaning that assessing the applicant’s potential economic impact based solely on the sponsor’s earnings was limited. There are also connected gender-based discrimination issues, since female sponsors may have a higher demand of childcare responsibilities and lower earnings, however the applicant’s prospective income cannot currently be considered.

Proposed Alternatives and Flexibility

Many alternative financial indicators were considered to set an appropriate MIR. Approaches based on living standards were looked at, using measures such as the Minimum Income Standard derived from the Joseph Rowntree Foundation and the Real Living Wage. These measures suggested that an income range between around £23,000 and £28,000 would more effectively support with the necessary living standards and protect families from falling into poverty.

Options based on the financial threshold needed to be ineligible for benefits (with references to Universal Credit eligibility or relative poverty measures) were also considered, with the report stating that such indicators provided a more realistic reflection of the minimum income required to live without dependence on state benefits.

A key conclusion was that a MIR set in the range of £23,000–£25,000 would better balance economic wellbeing and family life, and a higher threshold would reduce the number of applications and lower the cost of migration at the risk of increased hardship for families.

Evidencing income

The MAC’s overall conclusion was that it will be for the government to determine how to prioritise family versus fiscal considerations. The report identified challenges concerning the evidential requirements imposed on sponsors and applicants. The current requirement for sponsors to submit six months of UK payslips can intensify family separation, where a UK-based sponsor has to work here separated from their partner just to build up the right number of payslips.

The difficulties related to capturing self-employment income were highlighted in the report. In the current requirement, self-employment income must be demonstrated over a 12-month period and cannot be combined with cash savings, which was argued to be a rigid requirement. The report suggested that policies should be amended so that cash savings can be counted alongside both employment and self-employment income. This would allow great flexibility in evidencing financial capability, as many applicants have accumulated savings from prior earnings, and would avoid penalising those in self-employment who face timing issues related to tax return filing and income variability.

The report also recommended that the method of evidencing income should be simplified by enabling an approach in which the total income received over a six-month period is annualised, rather than relying on the current rule that multiplies the lowest earning month by a fixed factor. Such a change was suggested in order to protect applicants from adverse outcomes caused by short-term fluctuations in earnings.

Additional Recommendations and Areas for Reform

The report made a recommendation for the Home Office to consider more flexible rules that consider verifiable UK job offers from main applicants. This would allow a more accurate assessment of the actual household income instead of a sole reliance on the sponsor’s earnings. The report states about having different financial thresholds for individual and household income where one or both partners’ income is available to be assessed.

The report also addressed the Adequate Maintenance Requirement (AM), but only from the perspective of partner visas, not other family routes. The report stated that the AM test, originally intended to offer a fairer alternative for applicants in vulnerable circumstances, relies on outdated benefits benchmarks, because Income Support is not a current basis and is being phased out altogether in 2026.

Universal Credit replaced Income Support but involves a number of different components so is not a like for like replacement for Income Support. Various options were presented to update the AM test, including having a new fixed requirement or simply having just the adequate accommodation test, since for the partner route most applicants who receive a qualifying benefit would meet the AM adequate maintenance test anyway.

The report called for improved data collection and standardisation of information, because there were large gaps in the data collected by the Home Office when the MAC came to write this report. MAC opposed to maintaining the current financial requirement aligned with the skilled worker route and has proposed a number of alternative calculation options.

The report makes some useful pragmatic recommendations and pushes for the parent route to allow applications from people who would also be eligible for the partner route, to reduce the harm currently caused to children by family separation. However, some of the financial requirement calculations in the report are not necessarily lower than the current threshold (particularly if the option of ‘household’ income requirements was taken up.

My thoughts

I do believe that changes should be made to financial requirements, as the current financial requirements should reflect the current living standards and national living wage in the UK.

I also believe that changes should be made as to the way the MIR is evidenced. This is to make it easier for applicants to meet the financial requirements.

I do agree that cash savings should be counted alongside both employment and self-employment income. This would allow flexibility in evidencing financial capability, as many applicants have accumulated savings from prior earnings. This would also avoid penalising those in self-employment who face timing issues related to tax return filing and income variability.

If the government accepts the MAC’s proposals for the minimum income requirement, this could result in reduced thresholds for family visas and make it easier to meet the minimum income requirement.

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/

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

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James Cook

Purchasing a leasehold property often involves lengthy legal procedures that may be unfamiliar, especially for first time buyers.  Several post completion fees arise after the purchase has been completed, typically requiring payments to the freeholder or the management company (or their managing agent). This article explores the usual post completion fees associated with buying a leasehold property.

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Notice of Assignment and Charge Fee

Most leases specify that the assignee (i.e., the buyer) must serve a Notice of Assignment to the freeholder and/or the management company to formally inform them that the lease has been transferred and that the buyer has become the new tenant. This ensures that the freeholder and/or management company is aware of the change in ownership.  Sometimes, the freeholder and management company have separate managing agents, requiring the buyer to serve the Notice of Assignment to each party separately.

If the buyer purchases the property with a mortgage, a Notice of Charge may also be required to notify the freeholder and/or management company of the lender’s interest in the property.

The fees usually cost between £50 – £300 + VAT.

Deed of Covenant Fees

Some leases require the buyer to enter into a Deed of Covenant, pledging to comply with the covenants and conditions set out in the lease after completion. This ensures that the new tenant adheres to obligations such as paying service charges, becoming a member of the management company, and following house rules.

The lease may include a standard form for the Deed of Covenant. Sometimes, the freeholder’s managing agent or management company provides a draft deed or must approve the one prepared by the buyer’s solicitor.

A fee is typically charged for drafting or approving this document.  The fees usually cost between £150 – £300 + VAT.

Certificate of Compliance Fees

The leasehold register of the property may include restrictions requiring the freeholder and/or management company’s consent for the transfer. To complete registration at the Land Registry, a Certificate of Compliance is required to lift these restrictions.

The freeholder or management company (or their managing agent/legal representative) will issue the certificate once all lease requirements have been met—such as full payment of service charges and ground rent, and proper service of the Notice of Assignment. Without this certificate, the buyer will be unable to complete title registration with the Land Registry, which can have serious legal and financial consequences.

The freeholder and/or the management company may charge an administrative fee for issuing the certificate of compliance.  It usually costs between £150 – £300 + VAT.

Membership Registration Fees

In some cases, the buyer will be required under the lease to become members of a Residents’ Management Company (RMC) or Freehold Management Company (FMC) upon completion of purchase.  A membership fee may apply typically £50 – £200 + VAT.

Issuance of Share Certificate Fees

If the buyer is required to hold a share in the Residents’ Management Company, the management company’s agent will issue a share certificate after completion.  The leaseholder should keep the original share certificate in safe custody as it will be required when selling the property in the future.  A fee may be charged for issuing the share certificate and usually costs £50 – £150 + VAT.

Conclusion

There are several post completion requirements when buying a leasehold property.   Buyers are advised to work with experienced solicitors to ensure that all necessary steps are taken to satisfy with all these requirements, protecting their investment and ensuring a smooth property transaction.

Lisa’s Law’s highly experienced conveyancing team will be able to proceed your transactions smoothly and effectively. Contact us today to instruct us on your behalf as part of your leasehold purchase.

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/

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

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James Cook

Following the tragic Grenfell Tower fire in 2017, Parliament undertook a comprehensive review of building regulations and fire safety protocols. This led to the introduction of several new fire safety measures, including the Fire Safety Act 2021, which came into force on 16 May 2022. The Act clarified the scope and responsibilities under the Regulatory Reform (Fire Safety) Order 2005, particularly in relation to residential properties. This article explores the legal requirements of fire risk assessment (FRA) in residential properties in England and Wales.

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What is a Fire Risk Assessment?

A fire risk assessment (FRA) is a systematic review intended to identify potential fire hazards, assess the risks to occupants, and implement measures to mitigate those risks. It should include “general fire precautions,” which cover the reduction of fire risks, provision of safe and effective means of escape, systems for detecting and fighting fires, and arrangements for actions to be taken in the event of a fire.

An FRA must cover the common parts of a building, such as stairwells, entrance halls, and corridors. It must also include aspects of the building’s structure — including external walls, doors, windows, and any features that may affect fire spread.

Does My Property Need a Fire Risk Assessment?

According to Article 6 of the Regulatory Reform (Fire Safety) Order 2005, a fire risk assessment is required where a building contains two or more sets of domestic premises. This means that most types of residential buildings — including purpose-built apartment buildings, Houses in Multiple Occupation (HMOs), and converted flats — are subject to FRA requirements. The only general exception is for a single private dwelling.

This requirement can also extend to maisonettes, which are multi-storey premises where each flat has its own private exit and where there are no shared internal common areas.

Who Should Carry Out a Fire Risk Assessment?

The responsible person is the individual or organisation with control over the premises. This is typically the freeholder, landlord, residential management company, managing agent, or Right to Manage Company.

The responsible person must ensure that a suitable and sufficient fire risk assessment is conducted, that a record of the assessment is maintained, and that all actions required under the Regulatory Reform (Fire Safety) Order 2005 are complied with.

How Often Should a Fire Risk Assessment Be Carried Out?

The law does not specify a fixed timeframe for how often an FRA must be carried out. However, it must be regularly reviewed to ensure it remains up to date — particularly if:

  • The building has undergone major changes (e.g. extensions, conversions, or refurbishments).
  • There is reason to believe the current FRA is no longer valid.

 

Government guidance suggests that for low-rise buildings (up to three storeys, built within the last 20 years), an FRA should be reviewed every two years and a new FRA conducted every four years. For higher-risk buildings, it is recommended that the FRA be reviewed annually and renewed every three years.

The FRA report usually includes a recommended review or reinspection date, which should be followed. Additionally, some mortgage lenders now require a current FRA report; an outdated or expired FRA may be deemed unacceptable during property transactions.

Conclusion

A fire risk assessment is a critical component of residential fire safety. In most cases, it is a legal requirement — especially for buildings with shared areas or multiple dwellings. Single private domestic premises remain exempt, but best practice still encourages informal assessments.

The responsible person must ensure the property complies with fire safety legislation. Failure to do so may result in serious legal and financial consequences, and more importantly, may place lives at risk.

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/

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

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James Cook

The recent High Court decision in Picturehouse Cinemas Ltd v London Trocadero (2015) LLP has sent ripples through the commercial property sector. At its core, the dispute revolved around the proper interpretation and recoverability of insurance rent under a lease—particularly, whether insurance commissions charged by the landlord’s broker could lawfully be passed on to the tenant. This article summarises the key issues, clarifies the standard understanding of insurance rent, and outlines both the initial and latest judicial findings.

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The Main Issue in the Dispute

The central question was whether Picturehouse Cinemas, as the tenant, should be liable to reimburse insurance premiums that included undisclosed and significant commission fees—up to 60%—retained by the landlord’s insurance broker. Picturehouse argued that these commissions were not part of the “cost of insurance” as envisaged in the lease, and thus not recoverable through the insurance rent.

What Is Insurance Rent?

In commercial leases, “insurance rent” refers to the amount a tenant must reimburse the landlord for insuring the property. This typically includes the premium paid by the landlord to cover specified risks, such as fire, flood, and public liability. However, disputes often arise over what constitutes the actual cost of insuring the property, particularly where the landlord employs a broker who receives a commission.

Generally, insurance rent is understood to mean the net cost of the premium payable to the insurer, excluding profit margins or commissions not strictly necessary to obtain the cover. The inclusion of commission—especially undisclosed or excessive ones—has been contentious.

Summary of Initial Proceedings

In earlier proceedings, Picturehouse had unsuccessfully argued that they were not liable to pay rent during the COVID-19 lockdowns when their cinema was forced to close. The High Court held in favour of the landlord, ruling that the obligation to pay rent was not suspended by pandemic restrictions.

This ruling reinforced landlords’ rights to full rent regardless of trading conditions or operational shutdowns, setting an important precedent for post-pandemic rent arrears litigation.

Summary of Latest Proceedings and Decision

In a more recent claim, Picturehouse challenged over £700,000 of insurance rent on the grounds that the premiums included broker commissions that were neither transparent nor properly recoverable.

The High Court agreed. It held that the commissions were excessive and not part of the “cost” envisaged in the lease wording. Furthermore, the court criticised the landlord for failing to maintain the building’s sprinkler system, which contributed to increased premiums.

As a result, the court ordered the landlord to repay the disputed amount to Picturehouse. The judgment clarified that landlords cannot recover inflated or undisclosed insurance costs from tenants unless clearly permitted under the lease. This ruling is expected to prompt commercial tenants across the UK to scrutinise their insurance rent obligations more closely.

Conclusion

The Picturehouse v Trocadero judgment serves as a critical reminder of the importance of transparency and fairness in lease obligations. It redefines the boundaries of what can lawfully be recovered as insurance rent and underscores that landlords must justify the amounts they seek to pass on.

For tenants and landlords alike, the case highlights the need to:

  • Review the wording of insurance clauses carefully, especially definitions of “cost of insurance” and permitted recoverable expenses.
  • Question whether broker commissions or administrative costs are explicitly included.
  • Ensure that building maintenance obligations (such as sprinkler systems) are being upheld, as these can impact insurance premiums.

Lisa’s Law can assist by:

  • Identifying vague or unfair terms in proposed lease drafts before signing.
  • Negotiating clearer provisions regarding insurance rent and transparency requirements.
  • Advising on your rights and obligations under existing leases.
  • Providing guidance or representation in case of disputes over service charges or insurance rent.

Engaging with Lisa’s Law at the outset can help mitigate risk, reduce future costs, and ensure that the lease reflects a fair balance between landlord and tenant responsibilities.

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/

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

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James Cook

In May 2025, the UK government announced a number of significant changes designed to reduce legal immigration in their Immigration White Paper. Among the areas targeted were study visas, which have come under increase pressure in recent times. International students should pay attention to these changes.

The Labour government have continued to clamp down on immigration, with the Immigration White Paper aiming to reduce the UK’s reliance on foreign labour in favour of upskilling its domestic workforce.

Part of the concern around student visas is the fear that they are open to exploitation, and the idea that students who have no interest in completing their course will use them to stay in the UK or to claim asylum. The white paper also references the fact that of 30% of asylum claims come from visa holders, and of that 30%, almost half of these come from students.

Let’s take a more detailed look at how those on student visas could be impacted by the recent announcements.

 

Shortening of the Graduate Visa Route

One significant change which was announced is the shortening of the Graduate Visa Route from 2 years to 18 months. This means that a student who graduates from university will now only have 18 months to find work and switch to a long-term work visa such as the Skilled Worker Visa. It is expected that PHD students on the Graduate Visa will continue to be able to stay in the UK for three years post-graduation, however this is not yet confirmed.

The government have also announced plans to introduce a levy on higher education provider income from international students, which will be reinvested into the “higher education and skills system”. No detail has yet been provided as to what this levy will be, but further details are set to be announced in the Autumn budget.

The announced change follows an increase in the number of graduates who are staying on as part of the Graduate Visa route from less than 100,000 in 2022 to 250,000 in 2024.

 

Tightened Sponsor Compliance Rules

The Immigration White Paper also contains a number of proposals set to impact student sponsors. At the moment, a sponsor will fail its Basic Compliance Assessment (BCA) if they do not have:

 

  • a visa refusal rate of less than 10%
  • a course enrolment rate of at least 90% and
  • a course completion rate of at least 85%.

 

Sponsors which fail at least one of these metrics can have their sponsorship licences revoked. They can also be temporarily removed from the Register of Student Sponsors for up to two years.

 

What new sponsor compliance rules have been proposed?

  • Raise the minimum pass rate for each of the BCA metrics by five percentage points
  • Simultaneously implement a new Red-Amber-Green banding system to rate the BCA performance of each sponsor and to increase transparency around which are failing
  • Introduce new interventions for sponsors who are close to failing their metrics. This will include placing them on a bespoke action plan designed to improve their compliance. They will also have limits imposed on the number of new international students they can recruit while they are subject to those plans
  • And finally, to require all sponsors wishing to use recruitment agents for overseas students to sign up to the Agent Quality Framework. This is designed to maintain the highest standards of agent management, and ensure that institutions cannot simply outsource their responsibility to ensure that the individuals whose visas they are sponsoring are genuinely coming to the UK to study.

How can Lisa’s Law help you?

At Lisa’s Law, we specialise in assisting students with visa applications, ensuring you meet all requirements and have the best chance of success. Our team will help you navigate the process, from the initial application to maintaining your status while studying in the UK.

Whether you’re an undergraduate starting your academic journey, a postgraduate advancing your career prospects, or a graduate extending your stay to explore professional pathways, our team offers clear, expert advice tailored to your circumstances.

 

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/

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

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James Cook

What happens if you think there is an error on the title register of your property? Can you alter such a title register mistake?

The answer is yes, but be aware that you will need to provide valid proof, especially if that mistake involves other’s land. What amounts to valid proof of a title registration mistake? A recent judgement in the Upper Tribunal (Lands Chamber) sheds some light on this.

The Tribunal recently heard an appeal case, Mr Kayalaipilai Suhitharan v Mr Henryk Jan Iwaskiewicz [2025] UKUT 144 (LC), and decided the First Tier Tribunal erred on their judgement in relation to a mistake on first registration. The Tribunal stressed again that title to registered land in England and Wales depends upon the register, not upon deeds. Although the register can be altered if it contains a mistake, and sometimes preregistration deeds can be evidence of a mistake on the register.

 

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 Background

The case involves 2 neighbouring freehold properties, number 4 and number 2 in Bedford. The Tribunal was showed plans of the land before changes were made by the land registry.

One plan shows the original boundary of number 4, including an area added in 1996. The other shows number 2 with the disputed land shaded, before any changes. The disputed land includes a garage with a large door and a driveway where cars are parked. The garage has a door into number 4’s garden.

The Respondent bought number 4 in 2000. He believed that the disputed land was part of his property based on the estate agent’s brochure, which described a driveway and garage belonging to number 4. He used the driveway and garage without problems until 2019, when the Appellant bought number 2. The Appellant then objected to the Respondent parking there and installed a bollard to prevent it. In response, The Respondent applied to the Land Registry to clarify his ownership. The legal framework relied on is Schedule 6 to the Land Registration Act 2002, on rectification on title.

Notably, the Respondent did not provide the deed showing his ownership or his solicitor’s files from 2000. He argued that older deeds from the 1940s indicate the disputed land was part of number 4, suggesting a mistake was made during the land registration process when the land was left out. He did not specify when the registration took place.

At First Tier Tribunal, the Judge considered the evidence provided but had ignored the need to find two mistakes: both the omission of the disputed land from the title to number 4 and its inclusion in the title to number 2 and had not establish the nature (including the timing and the manner) of the mistakes.

Principle of Title Registration

The Judge directed the register to reverse the alteration on the title based on FTT’s decision. He concluded that the Respondent did not demonstrate that the land was incorrectly omitted or included due to a mistake. His failure was not in finding a mistake per se, but in proving that such a mistake occurred. He did not examine historic copies of the register, which are available for inspection, nor did he investigate when the properties were first registered or when registration became compulsory in Bedford.

This limited investigation prevented him from uncovering explanations such as sale transactions or adverse possession that could clarify discrepancies. The evidence he presented only showed discrepancies between the register in 2019 (and at his purchase in 2000) and the register in 1946, nearly 80 years prior. Such a long period makes discrepancies insufficient grounds to claim a mistake.

The judge highlighted that the principle of title registration is that ownership titles for registered land depends on the registration process itself, not solely on deeds or historical records. Therefore, inconsistencies with older deeds do not automatically indicate errors on the register.

 

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/

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

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James Cook

Owners of neighbouring properties may make boundary agreements during their ownership to define the boundaries of their properties and set down the rules and conditions of the parties’ conduct regarding or about the properties, requiring them to do something or prohibiting them from doing something, such as fence maintenance, right of way and light.

A frequent question raised by buyers in the course of conveyancing is whether they, as new owners, will be bound by such boundary agreements by previous owners and hence need to be aware of them. This issue was most recently dealt with by the case Bishop v Jaques [2025] UKUT 141 (LC).

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Background

In summary, Bishop v Jaques, concerned an appeal regarding a boundary dispute between Graham Porteous Bishop (the appellant) and Linda Margaret Jaques (the respondent). The dispute was over the boundary between a strip of land known as “The Avenue,” owned by Mr. Bishop, and the garden of Beacon Cottage, owned by Mrs. Jaques.

Both The Avenue and Beacon Cottage were originally part of a larger estate called North Lodge, a substantial house with extensive grounds situated on North Trade Road in Battle. The Avenue lies immediately to the west of Beacon Cottage’s garden and leads from North Trade Road past Beacon Cottage to further cottages and other land that was once part of the estate.

Beacon Cottage was conveyed out of the North Lodge estate in a 1949 conveyance to Francis Garret Ridley. While no copy of this conveyance survives, a memorandum from a 1954 abstract of Mr. Ridley’s title includes what the FTT considered an accurate copy of the 1949 Conveyance plan. This plan depicts the western boundary between Beacon Cottage and The Avenue (referred to as the “roadway coloured green”) by a solid line, indicating a boundary feature taller than 12 inches.

For Mr. Bishop, The Avenue provides access to a potential development site, which also belongs to him. The width of The Avenue is crucial and decides whether such development is feasible.

Among the various evidence adduced by both parties was a memorandum signed between the previous owners of The Avenue (and North Lodge) and Beacon Cottage in 1971, which provided that “the strip of land and the trees thereon which forms the western boundary of Beacon Cottage is the property of the said Stewart Grant Dewar”. The relevant issue is whether this memorandum is binding on Mr Bishop and Mrs. Jaques.

If the memorandum was held to be binding on the parties, it would mean that the Avenue was much narrower and hence would not be able to support the proposed development. Mr Bishop argued that it should have no binding on him, as it was made between the previous owners of the properties and he was not aware of it.

On the other hand, Mrs Jaques argued that the memorandum defined the boundary of the parties and should be complied with, irrespective of whether the parties were previous owners or current. She also argued that she had been in adverse possession of the disputed land since at least 1980 and had acquired title to it before the commencement of the Land Registration Act 2002.

 

Judgment

 

The FTT did not agree with Mr. Bishop’s argument and dismissed his application on the following three points:

  • The memorandum was decisive and clearly defined that the trees and the strip of land on which they stood were part of Beacon Cottage.
  • It was consistent with the historic paper title established by a 1949 conveyance of Beacon The FTT concluded that the line of pine trees that lined The Avenue in 1949 was most likely the feature intended to mark the boundary in the 1949 Conveyance.
  • If the previous findings were incorrect, the FTT alternatively found that Mrs Jaques had acquired the title by adverse possession nevertheless.

 

Mr. Bishop appealed against these conclusions to the Upper Tribunal (Lands Chamber), which also dismissed his appeal. The Tribunal upheld the FTT’s finding that the 1971 Memorandum was a valid and binding boundary demarcation agreement. This agreement definitively established the boundary, making the other grounds of appeal regarding the 1949 paper title and adverse possession irrelevant to the outcome.

 

Our thoughts

Lisa’s Law does agree with the Tribunals’ above findings. Agreements of a proprietary nature like the 1971 memorandum in this case between property owners defines the boundaries and other features of the properties. It limits what the owners can sell and pass on to their buyers and what the buyers can receive as new owners. They are surely to be bound by such agreements.

This case illustrates the importance of full disclosure of historic agreements concerning properties in the course of conveyancing, as it will enable buyers to fully assess what they are purchasing and whether they will be bound by an agreement made by two complete strangers to him!

 

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/

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

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James Cook

The Family Justice Council (FCJ) has recently issued long-awaited guidance on the subject of covert recordings in family law proceedings. Family court cases, particularly those involving children, can often be highly emotional, and recording conversations to support your side of the story may feel like a practical way of supporting your argument. However, this can come with a number of risks attached.

And in a world where mobile phones enable litigants to record video and audio without the knowledge of others around them, it has become a necessity for clearer advice to be issued.

Let’s take a look at the guidance recently issued by the FCJ on the topic of covert recordings.

 

What is classed as a covert recording?

When recording someone, you might assume they are of it. However, a covert recording is classed as any recording which is made without the knowledge, or permission of someone else. They could be a professional, adult, or a child. This also includes both audio and video recordings.

There is no guarantee that a covert recording will help your case, and it could be considered an invasion of privacy or harassment. It is also a contempt of court and/or a criminal offence to record court proceedings, including remote hearings.

 

How will the court decide whether the covert recording can be used in evidence?

There are a number of considerations that the court must take into account when deciding whether a covert recording can be used.

They will therefore consider the following questions:

  • Why was the recording made?
  • Who was recorded and when?
  • Was the recording edited in any way?
  • Is it the whole recording, and if not, is the whole recording available?
  • Does it help the court understand something important—especially about the child’s welfare?

It is important to note that placing a recording device on a child may always be considered wrong, regardless of whether or not they know it is there. The court may however not look quite as harshly on recordings of a parent or professional.

 

Guidance on Submitting Covert Recordings as Evidence

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Our family law solicitor advises the following when considering submitting covert recordings as evidence:

Covert recordings require the court’s permission to be admitted as evidence. Their use is subject to strict scrutiny, and courts generally discourage reliance on such recordings—particularly in cases involving children. If you still wish to submit a covert recording, please carefully consider the following:

1. At an early stage of the case, you must clearly explain the background and circumstances of the recording. If you intend to rely on the recording, you should seek the court’s permission by filing a Form C2 application, which must set out:

• The time, location, and individuals involved in the recording
• Whether the recording is complete and unedited; if any editing has been made, the reasons for doing so
• Whether any children are involved, and whether the recording contains leading questions or language intended to elicit favourable responses

Important: You must not submit only selective excerpts that support your case. The court will usually require all relevant recordings to be disclosed to ensure the material is not taken out of context.

2. Be prepared to bear the associated costs and legal responsibilities:

• The court may require a full transcript of the recording, which will be at your expense
• If the authenticity or reliability of the recording is challenged, the court may direct an independent forensic expert to carry out a technical assessment

Warning: Depending on the circumstances, the court may consider covert recordings to constitute abusive behaviour, which could adversely affect your position in the proceedings.

3. Relevance to the case, particularly to the welfare of the child

The content of the recording must be directly relevant to the key issues in the case—especially matters concerning the welfare of the child. If a recording is submitted merely to embarrass or discredit the other party, the court is unlikely to attach weight to it.

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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author avatar
James Cook

In the UK, especially in cities, it can be quite common to have a situation where a residential property is above a business. When a commercial unit suffers water damage due to a residential leak from the property above, legal responsibility can be complex, especially when both units share the same landlord. The primary legal question is whether the commercial tenant should claim against the residential tenant directly or hold the landlord accountable for enforcing the lease covenants.

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Should a commercial tenant claim against the residential tenant or landlord?

Generally, a tenant experiencing water damage would initiate a contractual claim against their own landlord for breaching repairing obligations or violating the covenant of quiet enjoyment.

However, this route is not viable if the landlord’s breach pertains to their contract with another tenant — such as the residential tenant above. Due to the legal principle of privity of contract, the commercial tenant cannot sue the landlord over obligations owed to someone else unless certain conditions under the Contracts (Rights of Third Parties) Act 1999 are met. However, this is rarely the case in standard tenancy agreements.

How can the commercial tenant claim?

Despite this, the commercial tenant is not without recourse when it comes to residential leaks. They may pursue a non-contractual claim against the landlord, such as one based on negligence or nuisance. Courts have held landlords liable for nuisance where a failure to repair an upstairs leak causes damage to a downstairs property. Additionally, the Defective Premises Act 1972 may apply if the landlord retains repairing obligations under the residential lease.

Direct claims against the residential tenant are typically unviable unless the tenant was personally negligent or caused a private nuisance. If the cause of the leak stems from the landlord’s failure to maintain the property, the responsibility is more appropriately directed toward the landlord through tortious or statutory remedies.

Our thoughts

In conclusion, when it comes to a residential leak and a commercial property is impacted in a situation where both tenants share the same landlord, the commercial tenant is more likely to succeed by pursuing the landlord through non-contractual claims rather than taking action against the residential tenant.

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/

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

author avatar
James Cook

In a world of online sign-ups, automated checkouts, and fast-moving transactions, it’s increasingly common for important contractual terms to be tucked away in hyperlinked documents or embedded in lengthy terms and conditions.

But what happens when you’re held to a term you didn’t see or weren’t clearly told about?

White Namecard for article - Paul in English (1)

The Legal Test: Fair Notice and Incorporation

Under English law, a contractual term is only binding if it has been properly incorporated. For this to happen, the term must be reasonably brought to the other party’s attention before or at the time of agreement. Courts take a particularly strict view when the term is onerous or unusual. For example, a steep cancellation charge, automatic renewal, or narrow time limit. In such cases, mere inclusion in standard terms or a hyperlink is rarely enough.

The principle was famously confirmed in Interfoto Picture Library v Stiletto [1989]: if a party wishes to rely on a burdensome term, they must do more to highlight it. This requirement applies just as much in digital contracting today.

Consumer Protections Go Further

For consumers, additional protection comes from the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024 (DMCCA). For instance, a subscription services who states a right (e.g. “you can cancel”) but omits crucial limitations (e.g. “within 24 hours and only by mail”) may be guilty of a misleading omission under Section 227 DMCCA. Such terms may be deemed unenforceable, especially where the consumer relied on the incomplete information.

What Can You Do If Caught by a Hidden Term?

  • Act promptly: If you’ve been hit with an unexpected fee or penalty, respond in writing and state clearly that the term was never disclosed or explained.
  • Gather evidence: Look for emails, screenshots, or messages showing what was (or wasn’t) said at the time.
  • Raise legal grounds: Mention lack of incorporation, unfair terms, or misleading omissions, depending on context.
  • Seek advice: Where significant sums or repeat conduct are involved, consider formal legal advice or contacting Trading Standards.

 

In sum, not all small print is binding. Businesses that hide key terms behind links or vague wording may find themselves exposed.

At Lisa’s Law, we regularly assist clients who have been caught out by hidden or unfair contract terms, particularly in housing, consumer, and online service agreements. Whether you’re disputing a cancellation charge, facing enforcement of unclear terms, or seeking to understand your rights before signing, our team can provide clear, practical advice. If you believe you’ve been misled or pressured into an agreement, we are here to help you challenge it with confidence.

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/

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

author avatar
James Cook

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