Understanding SDLT on Mixed Use Property: Essential Guide for Buyers

The rules around SDLT can become complex, particularly where you already hold a mixed-use property and subsequently acquire a residential property. Are you entitled to first-time buyers’ relief? Do you have to pay the higher rates of SDLT if you want to purchase a residential property? This depends on whether HMRC views your existing property as residential. As such, it is important for you to understand how your existing mixed-use property is classified as that affects how much SDLT you will pay when buying a residential property.

By Wai Ling Chin

What is a Mixed-Use Property?

According to HMRC guidance, a mixed-use property is one which incorporates both residential and non-residential elements. Common examples include:

A property which consists of a shop and a flat or flats above it;
A building combining offices within a dwelling; and
A farmhouse plus farmland used for agriculture.

In general, a mixed-use property is not a residential property and hence will not affect your SDLT tax liabilities. However, in some circumstances, HMRC may treat part of it as a residential property for SDLT purposes, which may affect your tax bill.

Why Classification Matters

Whether you are entitled to first-time buyers’ relief or need to pay the higher rates of SDLT depends on whether you have a residential property at the completion of your purchase.

If you haven’t had one, you will be entitled to first-time buyers’ relief if the price of the property you are purchasing does not exceed £500,000.

If you have, higher SDLT rates may apply. These higher rates are 5% above the standard residential rates in each band.

This can result in substantial tax differences.

Residential SDLT Rates (Standard vs Higher Rates) from 1 April 2025

Transfer value	Standard rates	Higher rates
Up to £125,000	Zero	5%
The next £125,000 (the portion from £125,001 to £250,000)	2%	7%
The next £675,000 (the portion from £250,001 to £925,000)	5%	10%
The next £575,000 (the portion from £925,001 to £1.5 million)	10%	15%
The remaining amount (the portion above £1.5 million)	12%	17%

Additionally, if you, and anyone else you are buying with, are first time buyers of a residential property, you pay no SDLT on the first £300,000 of a residential property as long as the purchase price is £500,000 or less.

It is therefore important to know what circumstances can cause HMRC to classify part of your mixed-use property as a residential property.

When is a Mixed-Use Property No Longer Classed as One?

The line between mixed-use and residential is not always clear. It all depends on the particular features of the residential element of a mixed-use property. If HMRC finds that it is a dwelling in its own right, it will be categorised as a residential property. This is usually the case where you can carry out your daily activities, from sleeping and cooking to washing, in the residential unit, particularly if it has its own entrance.

If the dwelling was already part of the property when you purchased it, you would not count as a first-time buyer. However, if you purchase a mixed-use property and later adapt part of it into a dwelling, you may still be entitled to the relief.

In addition to the features of the residential element, its value is also relevant. For the purposes of first-time buyers’ relief, as soon as it is classified as a dwelling, it will be counted as a residential property, irrespective of its value. However, the higher SDLT rates will only apply when the property is worth £40,000 or more.

Further Information

If you are unsure how SDLT applies to your situation, it is always wise to get professional guidance. Contact us today for tailored legal advice to make sure your next property purchase does not come with any unexpected tax surprises.

Have questions? Get in touch today!

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James Cook

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Is the Home Office’s record-breaking crackdown on sponsor licences the right approach?

The Home Office has revoked an unprecedented number of sponsor licences over the past year, with 1,948 licences stripped from employers between July 2024 and June 2025. This represents more than double the 937 sponsor licence revocations in the previous 12 months, according to information we obtained from the government’s recent announcement.

To put these figures into context, just 261 licences were revoked in 2021-22 and 247 in 2022-23 during the same period. This dramatic increase raises important questions about whether the sponsorship system is working as intended.

The violations uncovered are serious. Employers have been underpaying migrant workers, helping individuals circumvent immigration rules, and failing to provide the work they promised when sponsoring visas. Adult social care, hospitality, retail and construction have emerged as the sectors with the highest levels of abuse.

Minister for Migration and Citizenship, Mike Tapp MP, stated:

“Those who abuse our immigration system must face the strongest possible consequences. We will not hesitate to ban companies from sponsoring workers from overseas where this is being done to undercut British workers and exploit vulnerable staff.”

The Home Office has also announced a 51% surge in illegal working arrests compared to the previous year, and removals have increased by 13% with 35,000 people removed. Additionally, the UK will now cut visa access for countries that don’t comply with returns of migrants who have no right to remain.

But is this aggressive enforcement strategy solving the problem or creating new ones?

Adult social care is already facing a severe staffing crisis. Revoking sponsor licences from care providers at this scale could leave vulnerable people without adequate support. Similarly, hospitality and construction sectors, which have long relied on migrant workers to fill essential roles, may struggle to operate effectively.

Implications of rapid sponsor licence revocation

It makes me wonder whether the Home Office has considered the practical implications of removing sponsorship rights from nearly 2,000 employers in a single year. While exploitative employers certainly should face consequences, are legitimate businesses being caught in the crossfire? The shift from physical compliance visits to intelligence-led enforcement may be more efficient, but it also raises questions about whether employers are being given adequate opportunity to rectify minor compliance issues before facing the nuclear option of licence revocation.

Rather than simply revoking licences at record rates, would it not be more effective to implement a graduated system of warnings and penalties that allows genuine employers to improve their practices? This could help protect vulnerable workers while maintaining the workforce that many sectors desperately need.

The government clearly believes that demonstrating tough action will address public concerns about migration levels. However, with current trends suggesting revocation numbers will exceed even this year’s record, one has to question whether this approach is sustainable or whether it will simply drive more employers and workers into the grey economy.

Final thoughts

For employers currently holding sponsor licences, particularly those in the high-risk sectors identified, the message is clear: compliance is no longer optional. The days of lax enforcement are over. But this also means that employers need clear guidance and support to ensure they can comply with increasingly complex immigration rules.

I have no doubt that exploitation of migrant workers must be addressed. Workers who depend on their employers for their immigration status are particularly vulnerable to abuse. However, removing sponsor licences in mass may not be the answer if it simply pushes these workers into even more precarious situations.

If you are an employer concerned about your sponsor licence compliance, or if you have received a compliance notice from the Home Office, it would be wise to seek professional advice immediately. The cost of non-compliance has never been higher, and as we’ve seen from these figures, the Home Office is not hesitating to take 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.

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James Cook

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HMOs and Planning Permission – What Every Landlord Needs to Know

If you are purchasing a buy to let and intend to enter the renting market, you should understand the term HMO – House in Multiple Occupation. Crucially, you may also need planning permission depending to your local council’s rules. HMO licensing and planning permission are two separate legal requirements – failure to comply can amount to a criminal offence and cost you unlimited fine.

What is an HMO?

A house in multiple occupation (HMO) is a house or flat where both of the following apply:

At least three people live there, forming more than one household.
The occupants share toilet, bathroom or kitchen facilities with other tenants.

There are two main types:

Small HMO – typically 3–4 tenants in 2 or more households.
Large HMO – 5 or more tenants in multiple households (this requires a mandatory licence).

When do you need an HMO licence?

You will always need a licence for a large HMO. For a small HMO, a licence is required if the local authority imposes an additional licensing scheme. Always check your local council scheme before renting out your property.

A licence is valid for a maximum of 5 years, and you must renew your licence before it runs out.

Conditions for an HMO licence

The conditions for an HMO licence are that you must:

send the council an updated gas safety certificate every year
install and maintain smoke alarms
provide safety certificates for all electrical appliances when requested

The council may add other conditions to your licence, for example improving the standard of your facilities. They will let you know when you apply.

Planning permission

You do not need planning permission when converting the use of a dwelling house (use class C3) to a C4 HMO (small HMO), as this is a permitted development.

However, planning permission may be required for change of use from C3 to C4 HMO, subject to whether the Article 4 Directions applies by the council.

If the Article 4 Directions applies in the area:

You need to apply for planning permission to use the property as an HMO
Failure to have planning consent could mean the property is in breach of planning control
Local authority could serve an enforcement notice, requiring use to revert to C3 (single household)

If you are converting C3 into a large HMO, planning permission is always required, regardless of Article 4 Directions.

Final thoughts

In summary, even if the property does not require an HMO licence, you may still need planning permission if it is in Article 4 area. Landlords should therefore check both the licensing and planning rules before renting out the property.

Have questions? Get in touch today!

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

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James Cook

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Party Wall Agreement – Does No Response Mean Consent?

Are you a homeowner who is planning to extend your home, convert your loft, or carry out any building work near a shared wall or boundary? If you fit that criteria, then do not ignore the Party Wall Act 1996. A lack of response from your neighbour does not automatically mean a party wall agreement and consent for building works.

Understanding this Act will not only help you to stay within the law but to also maintain good relationships with neighbours and avoid costly legal disputes. The Act ensures that both you and your neighbours have clarity, protection, and a formal mechanism for resolving disagreements if they arise.

What is a party wall?

There are two main types of party wall:

1: A wall is considered a party wall if it sits on the boundary between two (or more) properties and either:

Forms part of one building;
Separates two or more buildings, or
Is a party fence wall, but not wooden fences or hedges.

2: A wall is also a party wall if it stands entirely on one owner’s land but is used by both owners to separate their buildings—such as when one owner builds against an existing wall.

Notably, only the part of the wall that serves a shared or dividing function is considered “party”.
There is also party structure, such as walls and floors between and dividing flats.

When is a party wall agreement needed?

Not all work to party walls requires a party wall agreement. For example, you do not need it for minor work, such as drilling into the wall internally to fit kitchen units or shelving.

However, you must obtain a party wall agreement if you’re planning building work near or on a party wall.

Here are some examples of common works which require such an agreement:

Alterations to shared (party) walls in semi-detached or terraced houses
Work on shared structures, such as floors between flats
Changes to garden boundary walls
Excavations or underpinning within 3–6 metres of a party wall
Loft conversions that cut into a party wall
Inserting a damp-proof course into a party wall
Making a party wall thicker or higher
Adding a second storey above a shared wall
Building a new wall up to or off a party wall

What should I do If my planned works fall in one of the categories?

You need to notify your neighbours with a formal Party Wall Notice and agreeing in writing before work begins.

The homeowner is responsible for serving the notice. It is advised that the notice should include details of the work that you plan to carry out, the date that work will start, any access requirements over their property, and your contact details.

My neighbour does not respond to my notice, is that consent?

The simple answer is: No.

After you served the notice, your neighbour could have options to reply to state that they give their consent, or refuse to give consent, or give counter notice.

It is not uncommon that they simply do not respond. But no response does not equal consent; you are considered to be in dispute, if after 14 days of service of the notice, your neighbour does nothing.

At this stage, you can still try to communicate with your neighbour and get their consent to the works. They might serve you a counter notice about costs to meet or some restrictions and conditions for work.

If an agreement cannot be reached, you will either appoint a party wall surveyor to act for both of you or you each appoint your own. The surveyor will arrange a Party Wall Award, setting out details of the work can be carried out and who is responsible to pay. You can appeal against it at a county court if you are not happy with the award.

Even if you have an agreement in place, the homeowner is still responsible for ensuring any damage caused during the works is repaired. It is also advisable for you to keep a record and share the photos on the condition of the wall in order to avoid later disputes.

Finally, we would like to add, the Act does not change the ownership of any wall, nor does it change the position of any boundary. The Act does not contain any provision that could be used to settle a boundary line dispute.

Have questions? Get in touch today!

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

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James Cook

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UK Could Suspend Visas for Countries That Refuse to Accept Returns

The Home Office has announced significant new measures targeting countries that delay or refuse to accept the return of their nationals who have no legal right to remain in the UK. This development means that the UK could suspend visas for countries that refuse to accept returns and marks a notable shift in Britain’s approach to managing immigration enforcement through diplomatic channels.

The new Home Secretary, Shabana Mahmood, has reached an agreement with counterparts from the United States, Canada, Australia, and New Zealand (the Five Eyes alliance) to strengthen return processes across all partner countries. The agreement establishes clear expectations for countries to cooperate with deportation procedures and introduces consequences for those that fail to comply.

What does this mean in practice?

Countries that consistently refuse to issue travel documents, cause prolonged delays, or show limited engagement in the returns process could face visa restrictions. The Home Office has indicated that visa arrangements may be adjusted to reflect changes in immigration risk where countries prove uncooperative.

This represents a more robust approach than previous diplomatic efforts, creating tangible consequences for non-compliance rather than relying solely on goodwill.

The joint statement takes immediate effect, suggesting the Home Office is prepared to implement these measures without lengthy consultation periods.

Is this approach likely to succeed?

The effectiveness of visa restrictions as leverage will largely depend on the economic importance of UK visas to the targeted countries. Nations with significant trade, educational or family connections to Britain may find the pressure more compelling than those with limited visa dependency.

However, there are practical considerations. Some countries may genuinely lack the administrative capacity to process returns quickly, rather than deliberately obstructing the process. The policy risks penalising states facing genuine logistical challenges alongside those showing wilful non-compliance.

The policy also highlights the government’s broader strategy of using economic levers to achieve immigration objectives, an approach that may extend to other areas of immigration policy in future.

Whether this approach proves effective in practice remains to be seen, but it clearly signals the government’s determination to address perceived failures in the returns system through concrete action rather than continued diplomatic patience.

Have questions? Get in touch today!

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

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James Cook

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In a Short, Childless Marriage, How Does Non-Disclosure in Pre-Nups Affect Financial Provision Upon Divorce?

This article explores a recent and interesting Court of Appeal decision: Helliwell v Entwistle [2025] EWCA Civ 1055. The case highlights how non-disclosure has the potential to invalidate pre-nuptial agreements.

Background

The parties, both in their early forties, met each other in August 2016 and married in July 2019. Their marriage lasted approximately three years and was childless. The wife comes from a wealthy family, with assets under her sole name valued between £60m and £70m and an annual income of around £650,000. The husband, a previous qualified accountant at PwC, had net assets of roughly £850,000, although most of it is tied up to a property shared with his parents.

On the day of their wedding, the couples signed a “drop hands” pre-nuptial agreement, meaning that each party would retain their own assets, jointly owned property would be divided, and no financial claims would be made upon divorce. Both parties disclosed their assets when signing the prenup to strengthen the agreement’s enforceability.

The plot twist of this case is that the wife deliberately concealed a substantial portion of her wealth, which became the central issue in the dispute.

The Initial Award

During the financial remedy proceedings, the judge accepted the wife’s claim that she was unaware of the full extent of her assets and was too afraid to ask her father for details. The judge had found that the wife was doing her best to tell the truth about her worth.

On the other hand, the judge believed that the husband should not simply extricate himself from the prenuptial agreement, because the number provided in the disclosure was lower than the truth. The husband was also fully aware of the wife’s exceptional wealth. Considering this was a short childless marriage, the pre-nuptial agreement should be upheld.

Despite the agreement stating that the husband should receive no settlement, the judge awarded him a £400,000 lump sum based on his assessed needs.

The Appeal

The husband appealed the decision, challenging both the validity of the pre-nuptial agreement and the assessment of his needs.

Upon cross-examination, the Court of Appeal refused to believe that the wife did not know about the full value of her assets. Instead, she knew about the assets but refused to disclose them because she and her father were “concerned about tax”.

Additionally, the number disclosed was not simply “lower than the truth”, but a staggering 73% of assets hidden from the husband. Instead of £18m, the wife actually owned £66m worth of assets at that time.

The leading authority is the Supreme Court’s decision in Granatino v Radmacher [2011] 1 AC 534.

Gracefully set out by Lord Phililps, the first stage in considering (pre-nuptial) agreements is whether any of the standard vitiating factors, such as duress, fraud or misrepresentation, is present. Even if the agreement does not have contractual force, those factors will negate any effect the agreement might otherwise have.

The Court of Appeal commented that the judge did not undertake such analysis. Had the judge properly addressed the Stage 1 analysis, he would have concluded that the deliberate non-disclosure by the wife amounted to fraudulent nondisclosure which vitiates the agreement.

While disclosure, similar to legal advice, is not strictly necessary for a pre-nuptial agreement to be valid, when parties explicitly agree to disclose their assets and one party deliberately concealed their assets, it undermines the integrity of the agreement and deprives the other party of important information.

The Court also found that the judge had inadequately assessed the husband’s needs under section 25 of the Matrimonial Causes Act 1973, particularly in light of the couple’s standard of living during the marriage. The judge’s reliance on the flawed agreement had skewed the needs assessment.

Consequently, the Court of Appeal set aside the original decision and the pre-nuptial agreement. The case is remitted to the High Court for a fresh consideration of the husband’s needs.

Thoughts

This case underscores the critical importance of transparency and honesty in financial disclosures during matrimonial proceedings. While pre-nuptial agreements are increasingly common, especially among high-net-worth individuals, their enforceability hinges on fairness and informed consent.

The Court of Appeal’s decision reaffirms that deliberate non-disclosure – particularly when parties have agreed to full transparency, can invalidate such agreements. It also highlights the judiciary’s responsibility to rigorously apply established legal principles, such as those set out in Granatino v Radmacher, to ensure just outcomes.

Moreover, the case serves as a cautionary tale for everyone: even in short, childless marriages, the standard of living and the parties’ financial needs must be carefully considered under section 25 MCA.

Have questions? Get in touch today!

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

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James Cook

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Who is Liable if a Child is Injured in a UK Shopping Centre?

A recent enquiry we received came from a parent who had taken her two children shopping. Whilst playing, one of the children fell and sustained injuries requiring hospital treatment.

Her question was: Is the shopping centre responsible for compensating her child’s injury?

Understanding Liability in Shopping Centres

In the UK, businesses owe a duty of care to people visiting their premises. This duty requires them to take reasonable steps to ensure the safety of visitors. If an injury occurs due to the business’s negligence, they may be held legally liable.

For example, if a shopping centre fails to clean up a spillage promptly and a visitor slips as a result, the centre could be considered responsible. This is why you will often see yellow warning signs when floors are being cleaned, alerting customers to potential hazards.

When Might a Shopping Centre be Liable?

Not every injury in a shopping centre automatically makes the business liable. Liability generally arises only where there has been negligence.

In the case described above, key considerations would include:

Cause of the Fall: Did the child fall because the floor was slippery? If so, was there an adequate warning in place?
Presence of Hazards: Did the child fall onto a sharp object or another dangerous item? Was this hazard reasonably foreseeable, and should the shopping centre have taken steps to prevent injury?

Even if the floor was not slippery, the presence of an unexpected hazard could still indicate negligence on the part of the shopping centre.

What to Do If an Injury Occurs

If you or your child are injured in a public place, consider the following steps:

Seek Medical Attention – Ensure that any injuries are properly assessed and treated.
Report the Incident – Notify shopping centre management and request a copy of the incident report.
Gather Evidence – Take photographs of the scene, collect witness contact details, and keep records of medical treatments.
Seek Legal Advice – Consult a solicitor to understand your rights and the potential for compensation.

Time Limits for Making a Claim

In the UK, personal injury claims generally have a three-year limitation period from the date of the accident. For injuries involving children, the limitation period extends until their 21st birthday, giving more time to pursue a claim.

Other Cases

Another example was CC v Leeds City Council | [2018] EWHC 1312 (QB), a case where the council was held responsible for the injury of a child, who fell and was injured in a play area. Among other things, a specific warning of a hazard was held to be required because the owner of the premise should have detailed knowledge of the site, which is not possessed by a child.

In that case the hazard was not even a sharp object, just uneven steps. More examples of hazards can include automatic doors, heavy doors, shelves, staircase, glass panels, animals, insufficient lighting, obstructions of walkways, overcrowding, temperature etc.

Conclusion

Determining liability in public spaces such as shopping centres requires careful assessment of the circumstances. Where negligence is identified, the injured party may be entitled to compensation. This also applies to any space run by a business, such as a small shop, a restaurant, a tutoring school, nursery, massage shop, beauty parlour and more.

If you have concerns about a similar situation, please contact our experienced team at Lisa Solicitors. We specialise in personal injury claims and are here to provide expert guidance and support.

Have questions? Get in touch today!

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

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James Cook

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Top 5 UK Immigration Updates – September 2025

At Lisa’s Law, we regularly monitor UK immigration news to keep clients informed. Here are the top five recent UK immigration updates affecting visas, asylum, and immigration enforcement in England and Wales:

UK-Iraq Deportation Agreement Shows Early Impact; Asylum Appeals Undergo Major Reform

Recently, the UK government issued announcements regarding international cooperation and domestic asylum reform:

International Cooperation:

The UK signed a new deportation agreement with Iraq, establishing a formal mechanism for returning individuals without legal status.
Iraq will provide reintegration support for returnees, demonstrating a balance between legal procedure and humanitarian considerations.
Early results show illegal entries from Iraq decreased from 2,600 to 1,900 compared to last year, indicating initial success.

Domestic Reform:

The asylum appeal system is undergoing its most significant reform in decades.
Over 100,000 cases are currently pending in first-instance courts, with asylum appeals comprising around 50,000 cases, averaging over one year of wait time.
A new independent tribunal of trained adjudicators will prioritise appeals involving accommodation support or foreign criminal records.
A 24-week processing limit will provide a predictable judicial framework.
The government is also expanding “deport first, appeal later”, requiring applicants from certain countries to challenge decisions from their home country.

These announcements highlight UK government efforts to manage migration while attempting to maintain legal compliance and efficiency.

Right to Work Checks in the Gig Economy: New Challenges for Small Businesses

The UK government plans to enforce stricter right to work checks for temporary and gig economy workers:

Employers failing to verify a worker’s legal status may face fines up to £60,000 per person, business closure, director disqualification, or up to 5 years imprisonment.
Many small businesses, particularly in construction, beauty, and delivery sectors, may struggle to comply, as standard documents (driving licence, utility bills) are not sufficient proof of work eligibility.
Large platforms like Deliveroo, Uber Eats, and Just Eat use biometric or device verification, but smaller firms may lack technical capacity.

Lisa’s Law Advice: Small businesses should establish clear compliance procedures and maintain thorough records.

UK Immigration Statistics: Work and Family Visas Decline, Settlements Increase

According to the latest UK Home Office immigration statistics (up to June 2025):

Work Visas:

183,000 work visas issued, a 36% decrease from the previous year.
Health and care visas fell sharply, with nurse visas dropping by 80–90%.

Family Visas:

Family and spouse visas decreased by 23–27%, reflecting stricter income requirements.

Settlement (Indefinite Leave to Remain):

163,000 people obtained settlement status, a 20% increase, primarily those previously on work visas.

These trends reflect a “control new, stabilise old” approach in UK immigration policy: stricter entry requirements for new applicants, combined with more stable long-term residence for those already in the UK. For the latest official immigration data, please visit the GOV.UK website.

AI in Immigration Enforcement: Legal Challenges

The Home Office is increasingly using AI tools to process immigration cases:

Tools like IPIC (Immigration Prioritisation and Identification) and EMRT (Electronic Monitoring Review Tool) handle sensitive data including health and family information.
Privacy advocates highlight a lack of transparency, limited applicant knowledge, and potential biases in AI-assisted decisions.
Previous ICO warnings regarding GPS monitoring of asylum seekers show ongoing concerns over privacy and legal oversight.

Key Consideration: When AI and algorithms make decisions affecting liberty and legal status, robust supervision and legal safeguards are essential.

Conclusion

Here are our recent highlights from the UK immigration landscape. Staying informed on these developments can help you and your business make timely decisions regarding visas, settlements, and compliance. If you want to keep updated on the latest UK immigration news, follow us regularly or subscribe to our updates.

At Lisa’s Law, we are dedicated to helping clients navigate the complexities of UK immigration law. Whether you need advice on work visas, family visas, settlement applications, or compliance matters, our experienced solicitors in England and Wales can provide clear, practical guidance tailored to your situation.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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James Cook

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Can WhatsApp Messages Form a Legally Binding Contract in the UK?

In today’s digital age, instant messaging apps such as WhatsApp, iMessage, and Slack are widely used for both personal and professional communication. But can WhatsApp messages form contracts in the UK? A recent High Court case shows that the answer is yes – even a short message or 👍 emoji could potentially create a legally binding agreement.

The recent High Court case, Jaevee Homes Ltd v Fincham (t/a Fincham Demolition), confirms that even informal WhatsApp exchanges can, in certain circumstances, constitute a valid and enforceable contract.

Case Background: One Message, One Project

The claimant, Jaevee Homes Ltd (“J Company”), is a property development company. The defendant, Steve Fincham, operates Fincham Demolition (“F Company”).

On 17 May 2023, F Company sent a quotation to J Company for demolishing a former nightclub. The parties then discussed start dates and payment terms via WhatsApp. J Company replied, “You’ve got this job,” which F Company understood as acceptance. F Company prepared the work and issued invoices accordingly.

Later, J Company sent a formal subcontract with payment terms differing from the WhatsApp discussions. F Company declined to sign, asserting that the original WhatsApp agreement reflected their understanding. Dispute over payment ultimately went to court.

Court’s Decision

J Company argued that the WhatsApp messages were informal and lacked essential terms.

The court disagreed. The judge held that the WhatsApp exchange contained all contract essentials: offer, acceptance, consideration, intention to create legal relations, capacity, and certainty. J Company’s message was a clear acceptance, not casual conversation.

The court noted that exact start and completion dates were not required, as they could be inferred from industry practice. Payment gaps could be filled using the Housing Grants, Construction and Regeneration Act 1996 and the Scheme for Construction Contracts.

Ultimately, the court confirmed that the WhatsApp conversation on 17 May 2023 formed a complete and legally binding contract. J Company’s later formal contract, without F Company’s consent, did not override the original agreement.

Why Messaging Apps Can Create Contracts

UK contract law does not require a formal signature. A contract can be enforceable if the following elements exist:

Offer – one party proposes terms.
Acceptance – the other party unconditionally agrees.
Consideration – both parties give something of value.
Intention to Create Legal Relations – parties genuinely intend to be bound.
Capacity – parties are legally able to contract.
Certainty and Completeness – terms are clear and unambiguous.

In this case, the WhatsApp messages confirmed work, start dates, and payment, with both parties acting in good faith. Even a thumbs up emoji can signify agreement.

Lessons from the Case

Other UK and international cases, including Southeaster Maritime Ltd v Trafigura (2024) and Achter Land & Cattle Ltd v South West Terminal Ltd (Canada, 2024), have confirmed the legal significance of messaging app communications.

To avoid accidentally forming a contract online, businesses should:

Be cautious with chat messages – avoid words like “confirmed” or “no problem” unless you intend to form a contract. Use “for discussion only” or “subject to contract.”
Use clear disclaimers – indicate when messages are non-binding.
Train staff – ensure employees understand which messages can constitute legal commitments.
Keep records – save chat logs or screenshots as potential evidence.
Include an Entire Agreement clause in formal contracts – stating that the contract supersedes all prior communications.

Conclusion

In the digital era, contracts are no longer confined to paper or boardrooms. A single message or emoji can carry legal consequences in the UK.

By communicating clearly, implementing professional policies, and using formal agreements, businesses and individuals can protect their legal rights.

For expert advice on digital contracts, business agreements, and litigation matters, contact our Business Law and Litigation teams. Our experienced solicitors help UK businesses navigate complex contractual issues, resolve disputes, and ensure compliance with UK contract law.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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James Cook

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UK Suspends All Refugee Family Reunion Applications With Immediate Affect

The Home Office has today as of 3pm suspended all new applications under the refugee family reunion route. Announced by Home Secretary Yvette Cooper on Monday, this change is part of a broader strategy to tackle the asylum backlog and reduce Channel crossings.

Below, Immigration Supervisor Mahfuz Ahmed breaks down the policy shift, its implications, and what you can do.

What were the previous rules under the refugee family reunion policy?

The policy previously allowed recognised refugees to bring close family members, typically spouses, civil partners, unmarried partners (with proof of a two-year relationship), or children under 18, to join them in the UK without the strict financial requirements of standard family visas. Unlike the general family migration scheme, which demands a minimum joint income of £29,000 per year, this route was designed as a safe, legal pathway for vulnerable families to reunite.

What is the new family reunion policy?

The Home Office has halted all new applications for the refugee family reunion route. Now, refugees must apply through the standard family visa scheme, which applies to British citizens and settled residents. This requires proving a minimum joint income of £29,000 per year to sponsor a partner. For many refugees, who often face economic challenges upon arrival, this financial threshold is a significant barrier. The suspension is temporary, with a new, stricter framework expected by spring, and more details to be outlined in an asylum statement later this year. If you have an application submitted before today’s cut off, it should proceed under the previous rules.

The government’s decision stems from pressures on the asylum system and public concerns about migration. Home Office statistics reveal that 20,817 family reunion visas were issued in the year ending June 2025, with 92% granted to women and children joining family members already recognised as refugees. Cooper highlighted that, unlike pre-pandemic times when refugees typically waited one to two years after receiving asylum to apply for family reunions, applications are now often filed within a month of approval, sometimes while refugees are still in temporary hotel accommodations. This rapid pace is straining local councils, contributing to homelessness pressures, and overwhelming asylum housing resources.

The suspension is a major blow for refugees hoping to reunite with loved ones. The old route was a lifeline, particularly for women and children escaping conflict or persecution, offering a safe and legal way to join family in the UK.

What happens now?

If you’re a refugee affected by this change, act quickly to understand your options. First, check the status of any existing family reunion applications, those submitted before 3 PM today should still be processed under the old rules, but verify with a solicitor to avoid delays. For new applications, you’ll need to navigate the standard family visa route, which requires detailed financial documentation, such as payslips, bank statements, or tax returns, to prove the £29,000 income threshold.

The suspension of the refugee family reunion route reflects the government’s attempt to balance asylum system reforms with public and political pressures. However, it risks leaving vulnerable families stranded. My advice is to stay informed and seek professional guidance.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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Shannon Chan

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