Your 5 Year Commercial Lease Is Ending – Do You Really Have to Leave?

Signing a commercial lease? Think the rent should be your only focus? Think again.

For business owners, a commercial lease is one of the crucial commitments their business will make. Experienced owners are often confident in negotiating rent, rent review and lease length, though one important question is sometimes overlooked: what happens when the lease comes to an end? A five-year lease does not necessarily mean you have to leave after five years, equally, you may not have an automatic right to stay either.

The Court of Appeal recently heard a case involving such issue, more specifically, on the clarification of whether a business tenancy containing a tenant’s option to renew is protected under Part II of the Landlord and Tenant Act 1954.

The case

Park Cakes Limited was the tenant of two commercial properties owned by companies within the Caterpillar group. The leases were due to expire on 13 June 2027. Each lease contained an option for the tenant to renew.

Caterpillar Property Ltd and another as the landlords argued that, because the leases already included a renewal option, section 28 of the Landlord and Tenant Act 1954 applied, meaning the tenant would lose the statutory protection under Part II of the Act.

The Court found for the Tenant and disagreed with the landlords.

The Court held that section 28 only applies where there is an enforceable agreement between both parties to grant a future tenancy. A tenant’s option to renew does not, by itself, create such an agreement because the landlord is not yet under a mutual obligation to grant the new lease until the option is properly exercised.

Commercial tenants can take some comfort on the Court’s ruling, that the option to renew did not remove the tenant’s protection under the 1954 Act. Notably there was no previous authority on this point.

The impact

The decision is important for business owners or commercial tenants: it confirms that having a renewal option in your lease does not automatically mean you have given up your statutory rights under the Landlord and Tenant Act 1954.

In short, there is a distinction between these two: an option to renew – the tenant has the right to choose whether to renew; and an enforceable agreement for a future tenancy – both landlord and tenant need to be legally committed to the future tenancy.

As you can see, the exact wording and structure of a commercial lease do matter a lot. A seemingly small provision can affect a tenant’s rights when the lease comes to an end. It is therefore advisable to take proper legal advice before entering or renewing your commercial lease.

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 [email protected].

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James Cook

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Student Visa Granted in 4 Days: How Lisa’s Law Helped

We recently acted for a client seeking entry clearance to the UK as a Student to continue a postgraduate programme at a UK university.

The application presented a significant suitability issue arising from the cancellation of a previous visitor visa following an omission concerning family members in the UK.

Despite this added complexity, the application was submitted using the priority service and was granted in just 4 working days following the visa appointment.

Written by Angel Wan, Solicitor

Instructions and Legal Framework

The applicant instructed us to prepare and submit a fresh Student visa application to enable them to return to the UK and continue their postgraduate studies.

The application was complicated by the applicant’s previous UK immigration history. A previous Visitor visa had been cancelled following an omission concerning family members in the UK. The applicant had subsequently withdrawn a pending Student visa application after recognising that the same misunderstanding had affected information provided in that application.

The principal legal issue was whether the previous omission could properly be regarded as deliberate deception, or whether it arose from a genuine misunderstanding.

Importantly, the previous cancellation had been made under a discretionary provision concerning false representations/non-disclosure, rather than on the basis of a finding of deception under the relevant deception provision. The circumstances of the previous omission and the applicant’s conduct therefore required careful consideration when assessing suitability for the fresh application.

The application also had to satisfy the applicable requirements of Appendix Student, including the validity, suitability, Genuine Student, CAS, course, financial and English language requirements.

Our involvement (what we did)

We identified the previous visa cancellation as the principal risk to the application and conducted a detailed review of the applicant’s immigration history, previous applications and supporting evidence.

We prepared bespoke legal representations which:

set out a clear chronology of the applicant’s previous immigration history;
explained the circumstances in which the previous omission had occurred;
addressed the legal distinction between an innocent misunderstanding and deliberate deception;
highlighted that the previous cancellation did not contain a finding of dishonesty or deception;
explained the significance of the applicant voluntarily withdrawing the previous Student application once the error was identified;
demonstrated the applicant’s subsequent full and accurate disclosure; and
addressed the relevant mitigating circumstances in support of a favourable exercise of discretion.

We also reviewed the evidence supporting the substantive Student application, including the applicant’s academic progression, CAS, financial circumstances, English language position and genuine intention to continue their studies.

Outcome

Following the applicant’s visa appointment under the priority service, the application was granted in only 4 working days.

The successful decision enabled the applicant to return to the UK and continue their postgraduate studies.

Conclusion

This case demonstrates the importance of strategic legal preparation where a Student visa application involves previous immigration complications.

An earlier visa cancellation can present a significant risk to a subsequent application. However, an omission or inaccurate answer does not, without more, necessarily establish deliberate deception. The circumstances in which the information was provided, the applicant’s intentions, the applicable Immigration Rules and the evidence as a whole must be carefully considered.

In this case, the previous immigration history was fully and candidly disclosed and addressed through targeted legal representations, allowing the circumstances surrounding the previous omission and the applicant’s subsequent conduct to be properly considered alongside the substantive requirements of the Student route.

The case highlights the importance of identifying potential suitability issues at an early stage and addressing them proactively through clear legal analysis and comprehensive supporting evidence.

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 [email protected].

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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An Introduction to Declarations of Trust

What is a Declaration of Trust?

A Declaration of Trust is a legally binding document which records the ownership rights of a property.

It is commonly used where two or more people purchase a property together to clarify each person’s share and interest in the property. This is particularly useful where owners wish to hold the property in unequal shares or had unequal financial contributions.

A properly drafted and executed Declaration of Trust can provide certainty to all the parties involved and reduce the risk of future disputes. It can be relied upon as proof of the parties’ intentions and enforced by the courts if necessary.

Written by Aurora Chan. Legal Assistant

What is legal vs beneficial ownership?

There are two separate aspects of property ownership: legal ownership and beneficial ownership.

Legal ownership

Legal ownership is determined by the names which appear as the registered proprietors on the Land Registry title. They are responsible for the legal administration of the property, such as signing legal documents, and have the legal authority to make decisions about the property, such as selling it. Legal ownership cannot be divided into different shares and must be held jointly.

Beneficial ownership

Beneficial ownership is the right to benefit from a property. This may include the right to receive rental income, occupy the property, share in the proceeds if the property is sold, or otherwise benefit from its value. Beneficial ownership can be divided into distinct shares.

Legal owners and beneficial owners do not need to be the same people. Legal owners may hold the property on trust for someone else. Where the legal and beneficial interests do not align, a Declaration of Trust is useful to make clear who is entitled to benefit from the property.

Joint tenancy vs tenants in common

Where two or more people own the beneficial interest in a property, they can hold it in one of two ways: as joint tenants or tenants in common.

Joint tenancy

Joint tenants own the beneficial interest together as a whole with no distinct shares. Instead, each owner is treated as owning the entire beneficial interest. The rule of survivorship applies to joint tenants, meaning that if one owner dies, their share automatically passes to the surviving owners and does not form part of the deceased’s estate. Therefore, a property held as joint tenants cannot be left by will.

Tenants in common

Tenants in common each own a distinct share of the beneficial interest, which can be in equal or unequal proportions. For example, it can be held in 50/50 or 70/30 shares. Each owner’s share will form part of their estate upon death and pass in accordance with their will, or if there is no will, under the rules of intestacy.

A Declaration of Trust is particularly useful where a property is held as tenants in common, as it can record each owner’s beneficial share and any other financial arrangements relating to the property.

When is a Declaration of Trust useful?

A Declaration of Trust can be useful in a wide range of circumstances where it is important to record each person’s ownership interests, including:

Unequal contributions:

Where co-owners purchase a property together, the default presumption is generally that they hold the beneficial interest equally. If one person contributes more towards the deposit, purchase price, mortgage repayments or other costs, a Declaration of Trust can record each person’s intended share and reflect their financial contributions.

Property held on trust for children:

As children under the age of 18 cannot hold legal title to property in England and Wales, parents or other adults may need to hold the property on trust until the child turns 18. A Declaration of Trust can record that arrangement clearly.

Unmarried couples:

Unlike married couples or civil partners, unmarried couples do not benefit from the same legal protections in relation to property ownership. To protect their interests in case of relationship breakdown or death of a partner, a Declaration of Trust can clearly set out each person’s beneficial interest.

Contributions from non-owner:

Where other individuals contribute towards the purchase of a property but are not registered owners, a Declaration of Trust can record whether that contribution gives rise to a beneficial interest or is intended to be a gift. If the contribution is also intended to be protected in the event of a future marriage, a pre-nuptial agreement may also be appropriate, as a Declaration of Trust may not be valid under family law.

Business arrangements:

Business arrangements are subject to strict contract rules unlike family arrangements. Where property is purchased as an investment or for business purposes, a Declaration of Trust can record each person’s ownership interest and establish clear arrangements from the outset to reduce the risk of future disputes.

What else can be included in the declaration of trust?

In addition to setting out who holds beneficial interest is held and in what shares, a Declaration of Trust can also make provisions for the following:

Financial contributions: Recording each person’s contributions to the property, including contributions towards the purchase price, mortgage repayments, renovations or other costs. This can provide valuable evidence in case of future disputes.
Sale of property: Stipulating what will happen if one of the owners wish to sell the property or their share of the property. This can include notice requirements, how the property should be valued, or whether the other owners have a right to buy out their share.
Management of the property: Confirming arrangements for the day-to-day expenses and decisions relating to the property, such as payment of household bills or maintenance and repair costs.
Dispute resolution: Establishing a process for resolving disagreements, such as requiring the parties to attend arbitration before commencing court proceedings.

Important considerations

A Declaration of Trust is an important legal document which could have significant legal and financial consequences. Before entering into one, there are several considerations to bear in mind.

Mortgage lender’s consent

If the Declaration of Trust would affect the mortgage lender’s rights or security (meaning their ability to recover the loan), then the lender’s consent must be obtained before filing the document.

Generally, if the Declaration of Trust only records the beneficial interests of the parties, the lender’s consent will not be required. Most professionally drafted Declarations of Trust will expressly provide that the mortgage must be repaid before sale proceeds are distributed to protect the lender’s security.

However, every situation is different depending on the terms of the mortgage and the provisions of the Declaration, so it is advisable to seek legal advice on this before entering into an arrangement.

Tax implications

A Declaration of Trust may have tax consequences, depending on how it is structured and the circumstances of the parties involved.

Potential taxes to consider include:

Stamp Duty Land Tax (SDLT): In some circumstances, transferring or creating a beneficial interest in a property may give rise to SDLT.
Capital Gains Tax (CGT): If a property that has increased in value, and an interest in that property is transferred, there may be a CGT liability.
Income Tax: Where the property generates rental income, the beneficial owners will generally be taxed on their respective shares of that income.
Inheritance Tax (IHT): A Declaration of Trust may also have Inheritance Tax implications if it qualifies as a lifetime gift.

The tax treatment of a Declaration of Trust will depend on your individual circumstances, including your wider tax position and the nature of the arrangement. You may wish to seek advice from a qualified tax adviser before entering into a Declaration of Trust to ensure that you understand any potential tax implications.

How can we help?

We can assist you with drafting and executing a Declaration of Trust in conjunction with the purchase of your property or anytime afterwards.

We will understand your circumstances and intentions and provide tailored advice on the most appropriate arrangement to reflect your wishes.

A properly drafted Declaration of Trust can protect your contributions and ensure your interests are accurately recorded. This helps to prevent misunderstandings and reduces the risk of future disputes.

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 [email protected].

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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Misrepresentation in Property Transactions: Lessons from Patarkatsishvili v Woodward-Fisher

The conveyancing process balances caveat emptor (buyer beware) with a seller’s strict duty to provide accurate pre-contractual information. The High Court’s recent decision in Patarkatsishvili v Woodward-Fisher serves as a stark reminder of the severe legal and financial consequences when sellers fail to disclose material facts.

Written by Surveyn Hoh, Senior Conveyancing Paralegal

The Facts and Judgment

The case involved the £32.5 million sale of a prime London property. After completion, the buyers discovered a severe moth infestation that had heavily compromised the home’s natural wool insulation. Crucially, the seller knew about this pest issue but failed to disclose it on the Law Society Property Information Form (TA6).

The buyers subsequently sued for fraudulent misrepresentation. While caveat emptor requires buyers to investigate a property’s physical condition, this principle does not protect sellers who provide false answers to direct enquiries. By omitting the truth on the TA6 form, the seller induced the buyers into the contract under false pretenses.

The court ruled unequivocally in favour of the buyers, awarding the equitable remedy of rescission. This required the seller to repurchase the property for the full £32.5 million and pay substantial damages to cover the buyers’ legal and associated transaction costs.

Practical Implications

This ruling reinforces critical, non-negotiable duties for both parties in residential conveyancing:

For Sellers

Absolute Accuracy: The TA6 form is a legally binding document. Sellers must answer all questions completely and honestly.
The Ongoing Duty: If a new issue arises between completing the property forms and the final completion date, sellers are legally obligated to update the buyer.
Severe Penalties: Deliberate non-disclosure can lead to rescission, forcing the seller to completely unwind the transaction and bear heavy financial penalties.

For Buyers

Scrutinise the Paperwork: Vague or evasive answers on a TA6 form should immediately prompt formal follow-up enquiries from your solicitor.
Robust Due Diligence: While the law protects against outright lies, enforcing these remedies in the High Court is incredibly costly. Comprehensive structural and specialist surveys remain the best frontline defence.

Ultimately, Patarkatsishvili v Woodward-Fisher reiterates that full disclosure during pre-contractual enquiries remains the only reliable way to ensure a secure transaction.

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 [email protected].

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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A Few Inches of Land, £140,000 in Costs: What Gibson v New Teaches Us About Boundary Disputes

Boundary disputes often begin with something apparently minor. For instance, a new fence, a wall built slightly out of line, a hedge removed, or a disagreement over a narrow strip of garden.

However, once relations between neighbours deteriorate, the dispute can quickly become about much more than the land itself. Personal feelings become involved, positions harden and the cost of proving where the boundary lies may become entirely disproportionate to the value of the disputed land.

The recent High Court decision in Gibson v New is a striking example. Although the dispute attracted media attention because it involved an ornamental squirrel and offensive songs published online, the real story is a long-running boundary dispute in which the legal costs substantially exceeded the damages ultimately recovered. Let’s dig into the brass tacks of the case and its consequences.

Written by Peggy Lim, Solicitor

How did the dispute begin?

Mr and Mrs Gibson and Mr and Mrs New owned neighbouring properties in Sunnymede Close, Essex. The dispute concerned the boundary between their rear gardens and fencing erected by Mr New.

In 2015, the parties attended mediation and agreed to jointly appoint an independent RICS surveyor, share the cost and accept the surveyor’s determination as final. However, after the first report identified the boundary, the News rejected it. A second surveyor was later involved, but that report was also rejected.

In March 2018, the Gibsons sent a formal pre-action letter asking the News to accept the first surveyor’s boundary and remove the relevant fence and structures. The letter warned that court proceedings might follow, but no response was received and a claim was subsequently issued.

The earlier decision in Gibson v New

In Gibson v New [2021] EWHC 1811 (QB), the High Court upheld the County Court’s decision that the parties were bound by the mediation settlement and the surveyor’s determination.

The court confirmed that an agreement intended to identify an uncertain boundary can amount to a binding boundary agreement, even where the boundary is to be determined by an expert. The judgment stressed that parties should attempt mediation early, before neighbour disputes become personal, destructive and disproportionately expensive.

What happened in the 2026 appeal?

The litigation continued after the 2021 judgment, including a further trial concerning damages, interest and costs. The County Court awarded the Gibsons £9,500 in damages before interest.

The News appealed again. The High Court rejected most of their grounds of appeal. The court accepted only a limited point concerning the Gibsons’ duty to mitigate part of their loss, reducing the damages by £700.

The revised total for damages and interest was £12,600. However, the High Court noted that the costs for the earlier 2021 proceedings were about £120,000. The News were then ordered to pay a further £19,000 towards the costs of the 2026 appeal.

In other words, the legal costs of the claim and appeals were many times greater than the damages recovered.

This is perhaps the most important lesson from the case. A person may have a genuine legal right to protect their land, but that does not necessarily mean that pursuing every issue to trial and appeal is commercially sensible.

Does the Land Registry title plan show the exact boundary?

A common misconception is that the red line on a Land Registry title plan shows the exact legal boundary. In most cases, it does not.

Most title plans show only the general boundary of a property. They do not usually confirm whether the legal boundary runs along one side of a fence, through the middle of it or a short distance away. The plan should therefore not simply be enlarged and measured.

The fence or wall on the ground may also not follow the legal boundary. It may have been placed for convenience or moved or replaced over time.

The starting point is usually the original conveyance or transfer and any plan attached to it. If those documents are unclear, other evidence may be relevant, such as old deeds and plans, photographs, planning records, historic fences or walls, evidence from previous owners and a specialist boundary surveyor’s report.

A “T” mark on a plan may indicate ownership or responsibility for maintaining a boundary feature, but it should be considered together with the wording of the deed.

What should you do when a boundary dispute arises?

Preserve the evidence before changing anything

Do not immediately remove a fence, demolish a wall or carry out excavation simply because you believe the feature is on your land.

Take dated photographs and videos. Locate the title documents, conveyances, transfer plans, planning records, previous survey reports and relevant correspondence. Where historic physical features still exist, preserve them until they have been inspected.

Moving or destroying a feature may remove evidence needed to determine the original boundary and may expose you to a claim for trespass or an injunction.

Do not rely on the title plan alone

Obtain the full title documents and, where available, the pre-registration deeds. The wording in the conveyance may be more significant than the red edging shown on the current Land Registry plan.

A specialist boundary surveyor may be needed to inspect the site and consider the deeds, plans and historic features together. It is generally preferable for the solicitor and surveyor to work together so that the expert is asked the correct legal and factual questions.

Do not ignore a Letter Before Claim

A Letter Before Claim is not simply an informal complaint. It is normally the final step before proceedings are issued and should explain the allegations, the remedy sought and the documents relied upon.

Ignoring it does not make the dispute disappear. It may result in proceedings being issued without further warning and may later be relevant when the court decides who should pay the costs.

A recipient should obtain advice promptly, preserve relevant evidence and provide a reasoned response within the stated or otherwise reasonable period. Where more time is genuinely required to obtain deeds, survey evidence or legal advice, an extension should be requested rather than remaining silent.

The pre-action rules expect parties to exchange sufficient information, understand each other’s positions and consider whether the matter can be resolved without proceedings. An unreasonable refusal to engage or to consider ADR may carry costs consequences.

Consider ADR before positions become entrenched

ADR may include direct negotiation, a round-table meeting, mediation, early neutral evaluation or the joint appointment of an independent surveyor.

The advantage is not simply that ADR may save legal costs. A court can declare where a boundary lies, order structures to be removed and award damages, but it cannot restore a workable relationship between neighbours.

Any settlement should be recorded clearly. The agreed line should be shown on an accurate plan, the parties should identify who owns and maintains the relevant fence or wall, and the agreement should address access, future works and registration where appropriate.

The courts recognise that boundary agreements may be informal and may sometimes be inferred from the parties’ conduct. That is another reason to obtain advice before agreeing a new fence line casually or allowing works to proceed without recording the basis on which permission is given.

Consider the economics before issuing a claim

Before commencing proceedings, a claimant should consider not only whether the claim is legally arguable, but also:

What practical result is required;
The value and importance of the disputed land;
Whether an injunction is realistic and proportionate;
The likely surveyor, solicitor and barrister costs;
Whether expert evidence will be required;
The risk of losing and paying the opponent’s costs;
Whether a judgment will resolve the wider neighbour relationship; and
Whether legal expenses insurance is available.

Boundary litigation can involve site inspections, historic documents, expert reports, witness evidence and detailed plans. Even where the strip of land is small, the evidential exercise may be substantial.

As the court observed in an earlier boundary case, a person is entitled to protect their land, but litigating over a tiny strip can amount to “economic madness”.

Take settlement offers seriously

A carefully prepared settlement offer can protect a party’s position on costs. A formal offer made under Part 36 may have significant financial consequences if the receiving party rejects it and then fails to obtain a better result at trial.

A party should not reject an offer simply because accepting it feels like “losing”. The correct comparison is between the proposed settlement and the likely net outcome after damages, legal costs, interest, risk and the time involved in litigation have all been considered.

How can we help?

We can assist property owners at an early stage of a boundary disagreement or after formal proceedings have been threatened or issued.

This may include reviewing title deeds and plans, advising on the legal and evidential position, coordinating with an appropriately qualified surveyor, preparing or responding to a Letter Before Claim, advising on trespass and injunctions, negotiating a boundary agreement, arranging mediation and representing clients in court proceedings.

Early advice is often particularly valuable. It can help identify the real issue, preserve important evidence and explore a proportionate resolution before the dispute becomes personal and the legal costs overtake the value of the land.

Final thought

The lesson from New v Gibson is not that property owners should simply surrender land to avoid boundary disputes.

The lesson is that the method of resolving the dispute matters just as much as the legal right itself.

A few inches of land can lead to years of litigation, prevent a property from being sold or mortgaged and generate costs vastly greater than the compensation eventually awarded. In many cases, an early survey, a properly drafted response and a serious attempt at mediation will achieve more than another round of correspondence, proceedings or appeals.

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 [email protected].

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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Family and Probate Fees Hiked by Ministry of Justice

From 13 July 2026, the Ministry of Justice introduced a series of increases to court and tribunal fees. The majority of the increases reflect the 2024 – 2025 inflation rate, with around 170 fees rising by 2.6%. A small number of fees have also been reduced where the underlying costs of the service fell.

The Ministry of Justice cited cost recovery, greater consistency across fees, and the need to maintain fair access to justice as the main reasons for the changes. The payments will help support the ongoing operation of HM Courts and Tribunals Service.

Help with Fees remains available for eligible applicants, offering reduced court fees or full exemptions for those who cannot afford to pay.

Around 280 fees have been changed in total. The full list can be found here: Court and tribunal fees: updates from July 2026 – GOV.UK. The key increases most relevant to family and private client practitioners and their clients such as probate fee increases are highlighted below.

Written by Aurora Chan, Legal Assistant

Family Fees

The application fee for divorce or dissolution has increased from £612 to £628.
The fee for a conditional order (decree nisi) or separation order where defended has increased from £61 to £63.
Applications made without notice, including applications for financial consent orders, have increased from £60 to £62.
For contentious financial remedy cases, the fee for a financial remedy order application through Form A has increased from £313 to £321.
For children matters, most applications, including parental orders, child arrangements orders, specific issue orders and prohibited steps orders, have increased from £263 to £270.

Probate Fees

The most significant change is the increase in the probate application fee, which has risen from £300 to £526. This represents a 75.33% increase. The Ministry of Justice has stated that the increase is intended to support the improvement and modernisation of the probate service.

In February 2025, the Government announced that probate waiting times had halved compared with the previous year. The average overall waiting time had fallen to four weeks, compared with twelve weeks at the end of 2023 and eight weeks at the end of June 2024.

Digitisation and the availability of online applications have played a significant role in reducing waiting times. Digital applications reportedly take around two weeks on average to complete, and with approximately 80% of applications now made online, the shift has helped reduce delays considerably.

The Minister for Courts and Legal Services acknowledged that probate can be a difficult process for families and said that reducing delays helps ensure people receive support more quickly.

These changes form part of the Government’s Plan for Change, which includes recruiting additional staff trained to process applications more efficiently.

By contrast, the fee for additional official copies of a Grant of Probate or Letters of Administration has reduced from £16 to £2. The fee had previously increased from £1.50 to £16 in November 2025, representing a 966.67% increase. The Ministry of Justice has stated that the new £2 fee better reflects the cost of providing the service.

The fee for applying to enter or extend a caveat, and for a standing search, has increased from £3 to £4. The fee for depositing wills or inspecting wills at the registry has increased from £23 to £24.

What Does This Mean for Me?

The fee increases mean that applicants will pay more for a range of court applications, particularly those applying for probate after the death of a loved one. However, many of the increases are in line with inflation and are intended to support the continued operation of the courts and tribunal system to ensure access to justice for everyone.

For probate applicants, the substantial increase in the application fee represents a notable additional cost. However, the Government has indicated that the increased revenue will be used to improve and modernise the probate service. If recent reductions in waiting times continue, applicants may benefit from a more efficient and effective service to justify the higher application fee.

When planning any family or probate matter, it is important to consider court fees alongside legal fees and any other third-party costs at an early stage. Understanding the likely overall costs from the outset can help avoid unexpected expenses later in the process.

We offer clear and upfront pricing, advising you of any possible third-party disbursements such as court fees from the outset, so that you can plan ahead confidently.

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 [email protected].

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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Supreme Court Clarifies Validity of Home Office Civil Penalty Notices

The Supreme Court has delivered an important judgment in Akbars Restaurant (Middlesbrough) Ltd v Secretary of State for the Home Department [2026] UKSC 26, strengthening procedural safeguards for employers facing illegal working civil penalties.

The decision confirms that the Home Office must provide clear and specific reasons when issuing a civil penalty notice, enabling employers to understand the allegation against them and make an informed decision about whether to challenge it.

Written by Angel Wan, Solicitor

The Case

The Home Office issued a £15,000 civil penalty to a restaurant under section 15 of the Immigration, Asylum and Nationality Act 2006 for allegedly employing a person without the right to work in the UK.

However, the penalty notice simply listed every possible ground under section 15(1) without identifying which specific ground the Secretary of State relied upon. The employer argued that the notice failed to explain why it was liable for the penalty, rendering it invalid.

The Supreme Court’s Decision

The Supreme Court unanimously allowed the appeal and held that the penalty notice was invalid.

The Court confirmed that section 15(6)(a) requires the Secretary of State to state the reasons why an employer is liable, including identifying the specific limb of section 15(1) relied upon. A notice that merely lists all possible grounds does not satisfy this statutory requirement.

The Court emphasised that, although described as a civil penalty, the regime is penal in nature. As such, employers are entitled to receive sufficient information to understand the allegation against them, decide whether to object or appeal, and prepare any defence. The Court also noted that providing clear reasons promotes fairness and accountability when the state exercises its power to impose financial penalties.

Importantly, the Supreme Court rejected the Home Office’s argument that the defect could be cured later during the appeal process. Failure to comply with the statutory requirement meant that the penalty notice was invalid from the outset.

What This Means for Employers

This judgment reinforces that employers are entitled to fair and properly reasoned civil penalty notices before significant financial penalties can be imposed.

While the decision strengthens procedural protections, it does not reduce employers’ ongoing obligations to carry out compliant right-to-work checks. Businesses should continue to ensure they have robust recruitment procedures and maintain appropriate records to establish a statutory excuse where applicable.

Where a civil penalty notice has been issued, employers should carefully review whether it complies with the statutory requirements. Defects in the notice itself may provide grounds to challenge its validity.

How We Can Help

Our immigration team regularly advises businesses on right-to-work compliance and illegal working civil penalties. If you have received a civil penalty notice or require advice on your right-to-work procedures, please do not hesitate to reach out. We can assess your position and advise on the most effective course of action.

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 [email protected].

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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Your Solicitor’s Firm Has Been Closed by the SRA. What Should You Do?

You may be in the middle of buying a property, dealing with a court case, applying for a visa, or completing another important legal matter when you suddenly learn that your solicitor’s firm has been closed by the Solicitors Regulation Authority.

This is called an intervention. It can happen with little warning. Your solicitor may stop replying, the office may close, and you may be left unsure about your case, your documents, and any money held for you.

Unfortunately, given the current economic climate, closures of law firms and SRA interventions are becoming more frequent, meaning more clients are finding themselves in this unexpected situation. The situation can be alarming, but it does not mean that your legal matter has disappeared. You should act promptly to protect your position.

Written by Paul Cheuk, Solicitor

What Is an SRA Intervention?

The Solicitors Regulation Authority, known as the SRA, regulates solicitors and law firms in England and Wales. It may intervene in a firm where urgent action is considered necessary to protect clients, client money, or the public.

An intervention normally means that the firm must stop acting for its clients immediately. The SRA takes control of the firm’s client files, documents, and money. It will usually appoint another law firm, known as an intervention agent, to assist with the process.

An intervention is a protective measure. It does not necessarily mean that the SRA has already made a final finding of dishonesty or misconduct against the firm or its solicitors.

Who Does What After an Intervention?

One of the biggest sources of confusion after an intervention is understanding who is responsible for what. Several different organisations may become involved, but they each have a different role.

The SRA is the regulator. It is responsible for carrying out the intervention, protecting clients’ interests, taking control of files and money, and appointing an intervention agent. The SRA does not become your solicitor and does not continue your legal matter.

The intervention agent is the law firm appointed by the SRA to secure the former firm’s files and money. It acts for the SRA, not for you. It may help identify your file and arrange for it to be released, but it will not normally advise you, attend hearings, complete your transaction, or continue your case.

You will usually need to appoint your own new solicitor. Your new solicitor can review your case, obtain your file, advise you on your position, and continue the work. If your matter is urgent, the new solicitor may also contact the court, the other parties, and the intervention agent on your behalf.

If you have suffered financial loss because of the former firm’s negligence, there may also be a role for the former firm’s professional indemnity insurer. A claim against the insurer is separate from the SRA intervention and will depend on the circumstances of your case.

Check Your Deadlines Immediately

The most urgent issue is often not the intervention itself, but what is happening in your underlying legal matter.

You may have a court hearing approaching. You may need to file evidence, complete a property transaction, respond to the Home Office, or comply with another legal deadline. These deadlines do not automatically stop because your solicitor’s firm has closed.

If you are already involved in court proceedings, you should notify the court as soon as possible that your former solicitors have been intervened in by the SRA. You should also notify the other parties that you are looking for a new solicitor.

Where necessary, you may ask the court for an extension of time so that your new solicitor can obtain the file and prepare your case. However, an extension is not automatic. You should act quickly and explain the position clearly.

You should gather any correspondence, court orders, contracts, or notices that show upcoming deadlines. Tell the intervention agent if your matter is urgent, and contact a new solicitor without delay.

What Happens to Your File?

The SRA takes possession of the closed firm’s client files and documents. The intervention agent will normally identify the files and arrange for them to be returned to clients or transferred to newly appointed solicitors.

You may need to complete a request form and provide proof of identity. You should give as much information as possible, including the name of your former solicitor, the firm’s file reference, the type of matter, and any urgent dates.

This process can take time, particularly if the firm had many clients or its records were poorly maintained. You should not wait for the complete file before seeking advice if your matter is urgent. A new solicitor may be able to begin protecting your position using the documents already available to you.

What Happens to Your Money?

The SRA also takes control of money held by the firm, including money in its client accounts. It will examine the accounting records and try to identify who the money belongs to.

You should gather evidence of every payment you made to the firm. This may include bank statements, receipts, invoices, completion statements, and emails explaining why the money was paid.

If the records are clear and sufficient money remains available, the money may be returned. However, the process can become more difficult if the records are incomplete or there is less money in the account than should have been held.

Can You Claim From the SRA Compensation Fund?

If your money cannot be returned, you may be able to apply to the SRA Compensation Fund. The fund may assist where money has been taken, misused, or not properly accounted for by a regulated solicitor or firm.

Payment from the fund is not automatic. The fund is discretionary, and eligibility rules, evidence requirements, time limits, and financial limits apply.

The fund also does not cover every type of loss. For example, it may not compensate you for all losses caused by delay, inconvenience, or the need to instruct another solicitor.

You should keep clear evidence of the amount paid, the reason for the payment, and the loss you have suffered.

What If You Have Suffered Further Loss?

The loss of money held in a client account is not the only possible problem. You may also suffer loss because the former firm missed a deadline, failed to complete work properly, or gave incorrect advice.

In those circumstances, you may need to consider a professional negligence claim against the former firm. The claim may be dealt with by the firm’s professional indemnity insurer.

You will need to show what the former firm did wrong, what should have happened instead, and what financial loss was caused. The fact that the SRA intervened does not by itself prove that the firm was negligent in your particular matter.

Independent legal advice may therefore be needed to assess whether such a claim has reasonable prospects.

Will You Have to Pay Again?

In some cases, the new solicitor may need to repeat work because the original file is incomplete or has not yet been released. This can lead to further legal costs.

Whether those costs can be recovered will depend on why the additional work became necessary. There may be a potential claim against the former firm or its insurer, but this will require separate assessment.

You should ask the new solicitor to identify what work has already been completed and what must now be done again. This can help avoid unnecessary expense.

Final Thoughts

Learning that your solicitor’s firm has been closed can be extremely unsettling. You may be worried about your case, your money, and important documents. The most important thing is not to remain passive.

Check your deadlines, notify the court and the other parties where necessary, contact the intervention agent, gather your own records, and appoint a new solicitor if your matter is continuing.

At Lisa’s Law, we assist clients whose legal matters have been disrupted by the closure of another firm. We can assess the urgency of your case, contact the relevant intervention agent, help recover your file, and take steps to protect your position while the transfer is being arranged.

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 [email protected].

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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Property Tenure in England: Freehold, Leasehold & Share of Freehold

When searching for a new home in England and Wales, you will inevitably come across three key tenure types listed on property portals: Freehold, Leasehold, and Share of Freehold. While location, bedrooms, and layout often dominate a buyer’s initial focus, understanding the legal ownership structure is equally crucial to protecting your financial and legal interests.

Your legal tenure dictates not only what you actually own, but also your long-term ongoing costs, maintenance responsibilities, structural freedom, and even your ability to secure a mortgage. Below, our specialist conveyancing team outlines the key legal differences to help you navigate your purchase with confidence.

Written by Wilson Chan, Senior Conveyancing Paralegal

Freehold: Outright Absolute Ownership

Buying a Freehold property means you purchase both the building and the land it stands on outright, with no time limit on ownership. The title is registered at HM Land Registry under your name, giving you complete legal control over the property subject to local planning permission and statutory controls.

Freehold status is standard for most detached and semi-detached houses. From a conveyancing perspective, freeholds are generally straightforward, as there are no landlord approvals required, no ongoing lease terms to monitor, and no monthly service charges or ground rents payable to a third party.

Leasehold: Ownership for a Fixed Term

With a Leasehold property, you buy the right to occupy the property for a fixed period (defined in a legal agreement called the Lease), but you do not own the land or the structural building itself. Most flats, maisonettes, and some newer houses are sold as leasehold.

The underlying land and common structure remain owned by the Freeholder (or landlord). Key considerations when buying leasehold include:

Lease Length: As time passes, the remaining years on the lease decrease. A lease under 80 years can severely impact property value, incur high extension costs, and make securing a mortgage difficult.
Ground Rent: An annual fee paid to the landlord for occupying the land. Under the Leasehold Reform (Ground Rent) Act 2022, ground rent for new qualifying residential leases in England and Wales is capped at a “peppercorn” (effectively zero). However, older existing leases may still feature historical ground rent charges, including escalation/review clauses that require careful legal scrutiny.
Service Charges & Management: Leaseholders pay annual fees to cover building insurance, communal repair, and maintenance managed by the landlord or a managing agent.
Lease Covenants: Leases contain specific regulations regarding pet ownership, assignment and subletting, structural alterations, and flooring.

Share of Freehold: Collaborative Control

Share of Freehold combines leasehold occupation with joint legal ownership of the freehold title. This usually occurs when flat owners within a block collectively purchase the freehold or when a building is converted into flats.

In this arrangement, you hold a leasehold title for your individual flat alongside a share in the freehold company (or name on the freehold title deed). This gives leaseholders direct control over building maintenance, management budgets, and lease term extensions without paying high landlord extension fees.

Feature	Freehold	Leasehold	Share of Freehold
Land Ownership	Outright ownership of land & building	Owned by third-party landlord	Jointly owned with co-freeholders
Duration	Indefinite (In perpetuity)	Fixed term (e.g., 90, 125, 999 yrs)	Lease underlying + joint freehold
Ongoing Fees	None (except personal utilities/repairs)	Service charges, management fees	Shared maintenance costs (no landlord profit)
Control & Works	Full control (subject to planning)	Landlord consent required	Agreed collaboratively among owners

Key Legal Checklist Before Making an Offer

Identify property tenure: check with the estate agent so as to obtain an accurate quote and initial advice from your solicitor. The process time for different tenures would be a bit different but usually not longer than 4 months in most occasions (unless it is chain transaction).
Check Unexpired Lease Term: Always verify remaining lease length with the estate agent upfront. Aim for properties with 90+ years (or ideally 125+ years) to avoid costly lease extension procedures later.
Review Ground rent and Ongoing Service Charges: Ask to inspect ground rent figure and recent management accounts and service charge statements to understand annual outgoings.
Identify Maintenance Reserves: For flats, inquire whether a “sinking fund” / “reserve fund” exists for major future works (e.g., roof or lift repairs).
Consult Your Conveyancer Early: Instructing your solicitor early ensures crucial lease terms, restrictive covenants, and management packs are thoroughly scrutinised before exchange of contracts.

Ready to Proceed? Get a Conveyancing Quote

Whether you’re buying freehold, leasehold, or a share of freehold, our fees and process vary depending on tenure. Get a tailored, no-obligation conveyancing quote today, or speak to a solicitor about your specific transaction.

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 [email protected].

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

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

James Cook

See Full Bio

News and Insights

The case

The impact

Have questions? Get in touch today!

Instructions and Legal Framework

Our involvement (what we did)

Outcome

Conclusion

Have questions? Get in touch today!

What is a Declaration of Trust?

What is legal vs beneficial ownership?

Legal ownership

Beneficial ownership

Joint tenancy vs tenants in common

Joint tenancy

Tenants in common

When is a Declaration of Trust useful?

What else can be included in the declaration of trust?

Important considerations

Mortgage lender’s consent

Tax implications

How can we help?

Have questions? Get in touch today!

The Facts and Judgment

Practical Implications

For Sellers

For Buyers

Have questions? Get in touch today!

How did the dispute begin?

The earlier decision in Gibson v New

What happened in the 2026 appeal?

Does the Land Registry title plan show the exact boundary?

What should you do when a boundary dispute arises?

Preserve the evidence before changing anything

Do not rely on the title plan alone

Do not ignore a Letter Before Claim

Consider ADR before positions become entrenched

Consider the economics before issuing a claim

Take settlement offers seriously

How can we help?

Final thought

Have questions? Get in touch today!

Family Fees

Probate Fees

What Does This Mean for Me?

Have questions? Get in touch today!

The Case

The Supreme Court’s Decision

What This Means for Employers

How We Can Help

Have questions? Get in touch today!

What Is an SRA Intervention?

Who Does What After an Intervention?

Check Your Deadlines Immediately

What Happens to Your File?

What Happens to Your Money?

Can You Claim From the SRA Compensation Fund?

What If You Have Suffered Further Loss?

Will You Have to Pay Again?

Final Thoughts

Have questions? Get in touch today!

Freehold: Outright Absolute Ownership

Leasehold: Ownership for a Fixed Term

Share of Freehold: Collaborative Control

Key Legal Checklist Before Making an Offer

Ready to Proceed? Get a Conveyancing Quote

Have questions? Get in touch today!

Have questions? Get in touch today!

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