Lisa’s Law welcomes three new staff members to the firm

We are delighted to welcome three new staff members to Lisa’s Law Solicitors. Raymond, Sherry, and Issac all have extensive legal experience and bring a great deal of expertise to the firm. We are looking forward to their contributions to Lisa’s Law.

So without further ado, let’s introduce you to each of our three new starters.

Raymond

Raymond Chu joins the company as a Solicitor with over 30 years of post-qualified experience. He will primarily be responsible for commercial cases and the development of this practise area at Lisa’s Law.

Raymond began his legal professional career at Sinclair Roche and Denton Hall. He then became an infrastructure project finance banker before returning to private legal practice.

He has solid experience in commercial works, both contentious and non-contentious, including proceedings in the Royal Court of Justice and international arbitrations. His work also covers commercial crimes and regulatory compliances including conducting legal due diligence and advising on cross border transactions that are sensitive to controls and sanctions imposed by the US and the UK.

He is a petrolhead who enjoys spending as much time on car tuning and automobile events as at family and social occasions!

In terms of his ambitions, these are quite simple. Raymond dreams of the arrival of an era when every corner of the London Tube is covered by internet signals. I think we can all agree with that!

Sherry

Our second starter, Sherry, joins us as a legal assistant in the conveyancing team. Sherry is a graduate of the Chinese University of Hong Kong with a bachelor’s degree. She later completed her Legal Practice Course and Master of Laws at the University of Law in 2022.

Prior to joining Lisa’s Law, Sherry worked as a paralegal at a London firm specializing in conveyancing. While conveyancing holds her interest, she also seeks to explore other legal fields at Lisa’s Law. Her ambition is to qualify as a solicitor within three years.

Sherry is fluent in Cantonese, Mandarin, and English, with a basic understanding of Hakka.

Issac

Finally, Issac joins us as a legal assistant who will primarily be focused on Commercial Conveyancing. Issac achieved an LLB (Hons) from the University of East Anglia and is now pursuing a Legal Practice Course at the University of Law. He has internship experience at various reputable law firms in Hong Kong. Prior to joining Lisa’s Law Solicitors, he worked at a City firm and engaged with various areas of law, such as property, immigration, and criminal. However, he found himself to be most passionate about conveyancing.

Issac speaks native Mandarin and Cantonese, as well as English at a professional level. Outside of work, he enjoys playing the cello and going to the gym. He has also achieved the Duke of Edinburgh (Gold) Award.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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James Cook

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Exciting News: Applicants Now Eligible for 10 Year Settlement Despite Extended Absences!

If you have resided in the UK lawfully for 10 years then you are entitled to apply for settlement, commonly known as indefinite leave to remain. Meeting certain criteria, such as passing the Life in the UK test is essential, along with ensuring that your absences from the UK don’t exceed specific limits. So, when it comes to 10 year settlement, how much time can you spend outside the UK?

Well, until recently, applying for indefinite leave to remain based on a decade of residence was restricted if, within the past 10 years, you had:

Stayed outside the UK for more than 184 days on a single occasion.
Accumulated over 548 days of absence in total during the past 10 years.

However, in the latest Statement of changes to the Immigration Rules: HC 590, issued on March 14, 2024, a significant adjustment has been made. Effective from April 11, 2024, the introduction of Appendix Long Residence and the removal of paragraph 276, part 7 from the immigration rules will govern long residence applications.

No mention that absences cannot surpass 548 days

This regulatory update reflects meticulous scrutiny and review on our part. We carefully reviewed the proposed Appendix Long Residence and Appendix Continuous Residence, whereupon we made an insightful observation. While both appendices stipulate that absences exceeding 180 days will disrupt continuous residence, we noted a conspicuous omission of any mention that absences cannot surpass 548 days.

This revelation underscores our commitment to keeping up-to-date with changes in the law and meticulously analysing their implications. Moreover, it underscores our dedication to ensuring that our clients are informed of every opportunity available to them.

This development marks a significant shift, as many individuals were previously unable to apply for settlement due to absences exceeding 548 days over a 10-year period. As of April 11, 2024, applications can be submitted under the revised regulations.

Feel free to reach out to us today to explore your case further. We stand ready to provide comprehensive guidance tailored to your specific circumstances.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Child custody – how is child arrangement decided?

When a couple decides to separate or divorce, a top priority should be the welfare of any children involved. In a high number of cases, this factor can leave parents at odds with each other and unable to agree on who should take custody of the child. Child custody is therefore a key consideration for many separating couples.

The main concerns often revolve around who the child will live with, if the custody will be split, and how the parents will be able to financially support the children between them. If the parents can agree on these factors, then it is far easier to avoid the courtroom. It is important to note that there are a few different options here, however there is no right or wrong choice. When it comes to child custody, what matters most is the best outcome for the child.

So, what are the different types of custody? And what happens if a couple can’t agree on child custody? Keep reading to find out more.

Types of child custody

Joint Custody

Joint custody is a relatively common solution when a couple who have had children decide to divorce or separate. As the name suggests, the parents share custody of the child, who will reside with both parents in their respective homes. With joint custody, the parents will also cooperatively make decisions about the child’s upbringing and welfare, much like when they were still married.

Equal responsibility for both parents in the form of joint custody is seen as the preferable option, as opposed to sole custody. Having access to both parents is usually seen as best for the child’s development. This allows the child to have easy access to both parents by making them properly involved in the child’s life.

Sole Custody

Sole custody means that only one parent has full custody of their child. This is often awarded in cases where the other parent is abusive or absent and is therefore a rarer solution than joint custody. The child’s other parent (sometimes known as the “non-custodial” parent) will have no physical nor legal custody rights over the child. They may be entitled to periods of visitation, however, (though these visits are often supervised, especially in situations involving domestic violence or child abuse).

Legal Custody vs Physical Custody

Legal custody is the authority to make decisions surrounding the child’s livelihood, for example which schools they go to. Physical custody differs from legal custody in that it involves the determination of where a child lives on a day-to-day basis. Parents can have both physical and legal custody, or in some cases they will have only one of these, and of course in other rare cases they will have neither. It all depends on the circumstances specific to that family.

How is the type of child custody decided?

If the couple can agree on who the child will live with, whether the custody will be split, and how the parents will be able to financially support the children between them then they should use a solicitor to make the agreement legally binding.

Our family law team has lots of experience when it comes to this and can guide couples every step of the way. Getting the agreement properly drafted and executed is always for the best, as while you may feel you are in agreement about your child right now, your ex-partner may change their mind in the future. If your agreement is broken, you may want to have the ability to enforce it.

Child Arrangement Orders

If the couple cannot agree on custody, they will have to go to court and apply for a Child Arrangement Order (CAO). This is the most sensible outcome in cases where an agreement cannot be reached outside of court.

A CAO is a legal agreement between the court and parents or guardians which determines what is best for the child. However, before applying to a court you must usually show that you have attended a meeting to decide whether meditation is the right course of action for you and your partner.

The CAO will officially determine where the child lives, what contact the parents can have with the child and any other specific needs the child may have.

What factors do the court decide on for a Child Arrangement Order?

The court will take a number of factors into consideration when deciding on the finalisation of a child arrangement order. In terms of the child themselves, these include the following:

The feelings and wishes of the child (taking into consideration their age and understanding)
The physical, emotional and educational requirements of the child
The possible impact on the child if their circumstances change
The child’s age, sex, background and any characteristics that the court considers relevant
Harm the child has suffered in the past or is at risk of suffering in the future
If each parent is capable of meeting the child’s needs

Additionally, the court must presume that involvement of each parent (of some direct or indirect kind but not any particular division of a child’s time) in the life of the child concerned will further the child’s welfare. That presumption applies if that parent can be involved in the child’s life in a way that does not put the child at risk of suffering harm. The court must also be satisfied that making an order is better for the child than not making an order at all.

How can parents increase their chances of getting custody?

Firstly, it is clear that good parents should be doing most of the below points by default. We understand that with work and external factors things can often get in the way of family life, but the best effort should always be made for the benefit of the child wherever possible.

Ultimately, the court will decide on what is best for the child, but they will certainly look kindly on the following:

Showing a strong relationship between you and the child: Going the extra mile to bond with your child, such as taking an interest in their extracurricular activities, attending their school plays or helping with homework.
Attending key events such as birthdays or religious ceremonies.
Make your home safe and appropriate for children.
Pay child maintenance on-time (if this has been arranged).
Show the other parent respect. This can go a very long way towards cementing a good representation for yourself.

Our family law team have extensive experience when it comes to child custody agreements and child arrangement orders, and will be able to assist you with agreements which are in the best interest of your child following a divorce or separation. Contact us today.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Ground rent “not necessary” says CMA – will it be abolished for all leases?

The Competition and Markets Authority (CMA) has recently published its response to a government consultation examining ground rent reforms for existing leasehold properties. The CMA has concluded that ground rent is neither “legally nor commercially necessary”. They also stated that they do not see any “persuasive evidence that consumers received anything in return”.

In recent years, the government has often voiced their ambition to reform the leasehold system, with the Levelling Up, Housing and Communities Secretary Michael Gove previously describing leasehold as an “outdated feudal system that needs to go”. He has since been reined in by Downing Street, with the abolition of the leasehold system no longer on the agenda.

Instead, reform has focused more on some of the most conspicuously objectionable issues with the system, including ground rent reform, prohibition of new leaseholds for houses, and “making it easier” for leaseholders to purchase their freehold. The Leasehold and Freehold Reform Bill which is currently making its way through Parliament is designed to address these issues.

What is the issue with ground rent?

Ground rent in particular has been identified by stakeholders as an area in significant need of reform. While it was abolished for new leases in June 2022, existing leases still contain a provision for ground rent. But what is it?

Ground rent is a yearly charge paid by the leaseholder to the freeholder, the person who owns the land the property is on. The idea of ground rent is that the leaseholder is paying an annual charge for the privilege of living on the freeholder’s land. However, the CMA has concluded that it is not “legally nor commercially necessary”. Leasehold property holders pay an average of £319 in ground rent costs per year, totalling £447 million.

To make matters worse, many leaseholders have been stuck in contracts with rising ground rents which can double over time or increase in line with inflation. This can make it very difficult for leaseholders to sell or remortgage their properties.

To the surprise and consternation of many when they come to try and buy a flat, leaseholders do not own their homes outright. Instead leasehold is a form of home ownership which gives the leaseholder the exclusive right to live in a property for a fixed number of years. England and Wales are one of the very few countries in the world which still uses the leasehold system.

Dozens of freeholders have committed to making changes to the ground rent they charge since 2022, with the likes of Taylor Wimpey, Aviva and Persimmon all removing certain clauses which led to the doubling of ground rents payable by leaseholders. After action by the CMA, thousands of leaseholders who paid double ground rent have received refunds. All leaseholders will also have their ground rents return to the original fee amount which was charged when the property was first sold to them. These ground rents will no longer increase over time.

What reforms have been proposed when it comes to Ground Rent?

The Housing Secretary, Michael Gove, has proposed capping all existing ground rents to a peppercorn level, effectively zero. At the moment, while the capping of ground rents to a peppercorn rate has been applied to new leases, it has not also been applied to existing leases. This means that even if you bought a new lease from another leaseholder on or after 30^th June 2022, you will still have to pay ground rent.

While the current bill proposes reducing ground rent to a peppercorn subject to the extension of a lease (standard length of 990 years), further ground rent reform is subject to the aforementioned consultation. The government has stated that they will look to introduce a ground rent cap through the Leasehold and Freehold Reform Bill subject to the consultation.

In total, five proposals have been made regarding the best way to reform ground rent for existing leaseholders. These include:

setting ground rents at a peppercorn
putting in place a maximum financial value which ground rents could never exceed
capping ground rents at a percentage of the property value
limiting ground rent in existing leases to the original amount when the lease was granted
freezing ground rent at current levels

It is notable that none of the proposals made argue for the continuation of the status quo when it comes to ground rent, something which will be celebrated by leaseholders. Nevertheless, while the bill is currently making its way through parliament, the complexity of the housing market means that even once the bill does pass, it is difficult to say when the reforms will actually take effect.

Our thoughts

In the residential sector, ground rents exceeding £250 per year (or £1,000 per year in Greater London) can be problematic. If the leaseholder or future owners fail to pay this rent as per the lease terms, the landlord can take possession of the property more easily. This situation is treated like an assured tenancy, giving the landlord quicker ways to end the lease without going through the usual ‘forfeiture of the lease’ process. This could leave the leaseholder or the lender with no property rights. Lenders may be hesitant to provide a mortgage for properties with high ground rents.

The proposed changes would mean more security for homeowners and will boost confidence in new purchasers and lenders when choosing leasehold properties. The changes will make owning a home more affordable, less complicated, and fairer by preventing freeholders from unfairly increasing ground rent without benefiting leaseholders.

We hope it will bring a more healthy dynamic to the property market as this will also allow leaseholders to purchase a freehold at a lower cost. Some freeholders have taken advantage of the system in the past, so these changes will provide homebuyers with greater security. Predictably, homes with shorter leases will be more appealing for buyers, rather than being a hindrance to a successful sale.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Can a small takeaway business obtain a sponsor licence ?

We receive many enquiries from owners of small takeaways and restaurants asking if they can obtain a sponsor licence to hire staff from abroad. Many face difficulties in hiring staff from within the UK and require experienced hires from abroad for the recruitment of positions such as chefs. For a number of years there has been a reluctance from owners to make an application for a sponsor licence if they have a relatively small turnover, or a small number of employees.

In this case study, we will delve in how to obtain a sponsor licence for a takeaway business.

Sponsor licence case study

We were recently successful in obtaining a sponsor licence for a small Chinese takeaway which currently has 3 full time staff and a modest turnover. The takeaway was in real need of hiring an experienced head chef. Despite advertising within the UK, they were unable to find a suitable candidate.

The takeaway approached us for assistance.

We advised the takeaway business that although the Home Office were previously reluctant to grant sponsor licences, this is no longer the case. The key was to understand our client’s business needs and put forward a key plan explaining why the appointment was necessary for the growth of the business.

We also explained the importance of the business being registered, them having an authorising officer, no adverse history, and a HR system. We are able to advise on how to set up an effective HR System.

Finally, we navigated through the large volume of documentation required, and we have been successful in obtaining a sponsor licence for our takeaway client. Our client can now look forward to their anticipate growth and serving their customers with delicious food!

To summarise, the answer is yes, a small takeaway can obtain a sponsor licence and hire talented staff from abroad.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Statutory paternity leave requirements to change from April 2024 – what are the differences?

Having a child can be both one of the most rewarding times in a parent’s life, but as many parents will tell you, it can also be a time of stress and exhaustion. The aim of maternity and paternity leave is to try and alleviate this. Recently, the British government submitted a bill to Parliament that will amend the current statutory paternity leave scheme.

This legislation will allow fathers or partners to split paternity leave into two blocks, giving more flexibility than the present situation where they can only take one continuous block of paternity leave. The Paternity Leave Amendment Regulations 2024 will apply in cases where childbirth is expected before or after 6^th April 2024.

Currently, employees can take up to two consecutive weeks of statutory paternity leave up to 56 days (eight weeks) after the birth of their baby. This paternity leave can be taken provided they meet the eligibility criteria, evidence and notification requirements. Similar provisions exist for adoption and surrogacy cases.

So, what are the changes in the Paternity Leave Amendment Regulations 2024?

These changes will apply to parents of new-borns whose expected delivery date is on or after 6^th April 2024. The changes will also apply to parents whose expected adoption date is on or after 6^th April 2024. For those whose children are born before 6^th April, the current requirements will continue to apply.

What is the length of paternity leave?

Current requirements: It can only be regarded as a continuous holiday, such as a break of 1 week or 2 weeks in length.

New requirements: The changes allow fathers and partners to split two weeks of paid leave into two separate weeks.

When can you take paternity leave?

Current requirements: Leave within 56 days (8 weeks) of the baby’s birth.

New requirements: Leave can be taken at any time within a year after the baby is born or a child is adopted.

What are the notice requirements for paternity leave?

Current requirements: Must give notice of leave 15 weeks prior to the expected birth date, when they want leave to start, and how much leave they want.

New requirements: Employers must be notified 28 days in advance of the leave employees intend to take, and how much leave they want to take. However, notice of entitlement must still be provided 15 weeks before birth.

How much is statutory paternity pay?

Current requirements: £172.48 a week or 90% of average weekly earnings, whichever is higher

New requirements: £184.03 or 90% of their average earnings, whichever is higher. This increase is in line with the uprating of statutory payments

The changes increase the flexibility of statutory paternity leave by allowing fathers and partners to take two weeks’ paid leave during two separate periods of the week. Statutory paternity pay will go up slightly to £184.03 or 90% of their average earnings, whichever is higher. Alternatively, some employers may choose to offer full pay.

Our thoughts

The changes to statutory paternity leave are a welcome improvement on the current regulations. However, many have criticised the government for not going far enough with the changes. The reality for many fathers or partners is that they are unable to take their full paternity entitlement due to the financial strain. To emphasise this, a recent survey found that only three in five fathers took less than two weeks following the birth of their most recent child. Only 29% of fathers surveyed had access to increased pay or increased paternity leave through their employer. The UK lags behind other Western European countries, with the likes of Spain and Norway offering over 15 weeks of full pay for new fathers.

Require our family law services? Get in touch with us today.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Marks and Spencer defeats government in High Court battle over controversial redevelopment of its flagship store

The iconic British retailer, Marks and Spencer, has won a High Court legal battle against the government over their decision to reject the retailer’s planning application. The High Court ruled that the decision of the Levelling Up, Housing and Communities Secretary, Michael Gove, to reject the development of the M&S flagship store was unlawful. The planning permission appeal by M&S was therefore successful.

The case forms part of a debate about repurposing versus demolishing commercial buildings in the UK. Find out why the government were overruled and the potential significance of its impact on planning in today’s article.

Background

Situated in an iconic art deco building, M&S originally submitted plans to demolish its current site, Orchard House, and replace it with a modern store containing a new café, offices and a gym. The current five-floor building would be replace by one which is 10 stories, containing two and a half floors of retail space in total. The retailer pledged that the project would be sustainable by recovering, recycling or reusing 95% of the materials in its existing Marble Arch building. However, critics have argued that the project would produce almost 40,000 tonnes of carbon. These plans were approved by Westminster City Council in 2021.

However, not everyone was happy with this decision. Michael Gove launched a public inquiry into the planning application in the summer of 2022. This inquiry, with the support of historic building campaigners like SAVE Britain’s Heritage, resulted in him blocking Marks and Spencer’s plans.

M&S appeals decision

M&S responded by appealing the decision to the High Court in February 2024. The case they brought challenged the decision by Mr Gove in July 2023 to reject the development of their flagship store on Oxford Street.

In total, six grounds of challenge were made by M&S. These included the following:

1. Ground One – the Secretary of State (SoS) erred in respect of paragraph 152 of the National Planning Policy Framework (“NPPF”) when he said in DL 24 that there is a “strong presumption in favour of repurposing and reusing buildings”

2. Ground Two – the SoS erred in respect of the consideration of alternatives

3. Ground Three – the SoS erred in the balance of public benefits as against the heritage impacts

4. Ground Four – the SoS’s conclusion on the harm to the vitality and viability of Oxford Street, had no evidential basis

5. Ground Five – the SoS made an error of fact in respect of the embodied carbon, and misapplied policy in respect of embodied carbon

6. Ground Six – the SoS erred in his approach to analysing the impact of the proposals on the setting of Selfridges and the Stratford Place CA

Judgement

In what was widely regarded as an embarrassing outcome for the Secretary of State, the High Court found that Mr Gove’s decision to reject the redevelopment was “unlawful”. M&S succeeded on five of the six grounds that they challenged on, with only ground six failing.

The High Court also found that Mr Gove had misunderstood on a number of key areas. This was partly due to the Secretary of State reaching a conclusion which was not provided for him by the National Planning Policy Framework – which sets out the government’s planning policies for England and how these policies should be applied. Chiefly, his understanding of the use of repurposing and re-using buildings, rather than demolishing them, was deemed to be lacking.

Despite the victorious M&S appeal, the decision by the High Court does not mean that the new development will automatically go ahead. Gove would be able to refuse planning permission once more, but this would likely lead to another challenge by M&S. The case highlights the need for clear planning policy, and may result in further revision to the National Planning Policy Framework.

Our thoughts

The success of M&S on five of the six grounds challenged suggests that there were substantive issues with the initial decision-making process. The court’s emphasis on the need for clarity in planning policy and the correct application of such policies further underscores the importance of ensuring that decisions are made in accordance with established legal frameworks.

While the High Court’s ruling does not automatically guarantee the approval of the new development, it does signal the potential for further challenges if the Government were to refuse planning permission again.

On the other hand, the case provides an evidential indication of the direction of Government policy of which the developers, investors, property and business owners should take note of. Sustainability credentials and embodied carbon levels are crucial for successful demolition and redevelopment applications as local authorities enforce zero carbon policies. The London Plan and other regulations emphasise considering the entire building life cycle.

Westminster’s retrofit taskforce and the UK’s Net Zero review highlight the need for consistent long-term policies and investments. The refusal indicates a shift towards retrofitting over wholesale redevelopment, hinting at potential future carbon legislation in the industry.

Lisa’s Law has considerable experience in handling cases which challenge decisions made by Local Authorities. This includes our expertise when it comes to planning permission appeal. Contact us today for more information.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Home Office pilot scheme breached UK data protection law

The information commissioner’s office (ICO)has issued an enforcement notice and a warning to the Home Office for failing to sufficiently assess the data protection risks arising from the GPS electronic monitoring of migrants who have entered the UK illegally. This follows the launch of a Home Office pilot scheme to place ankle tags and track the GPS location of up to 600 migrants who arrived in the UK and were on immigration bail.

The aim of the pilot was to test whether electronic monitoring is an effective way to maintain regular contact with asylum seekers, while reducing the risk of absconding, and to establish whether it is an effective alternative to detention. Following concerns raised by Privacy International, the ICO has been in discussion with the Home Office about the scheme since August 2022. The ICO found the Home Office failed to sufficiently assess the privacy intrusion of the continuous collection of people’s location information.

Furthermore, the Home Office failed to provide clear and easily accessible information to migrants in the pilot scheme, including details of what data would be collected, how it would be used and retained, and why. The Home Office guidance also failed to provide sufficient direction to staff on when it would be necessary and proportionate to electronically monitor people as an immigration bail condition.

Although the pilot scheme ended in December 2023, the Home Office can still access the personal information gathered throughout the pilot until all the data has been deleted or anonymised. This means that the information collected may remain accessible and usable not only by the Home Office, but also by other third parties.

The ICO has issued the Enforcement Notice requiring the Home Office to update its internal policies, access guidance and privacy information in relation to the data retained from the pilot scheme. The ICO has also issued a formal warning stating that any future processing by the Home Office on the same basis will be in breach of data protection law and will attract enforcement action.

Our comments

The Home Office wants to use the pilot scheme to track migrants in detention. Such tracking is highly intrusive and such processing should be accompanied by robust guidance and procedures to ensure it is applied consistently and in a way that respects privacy. However, the Home Office failed to consider this from the outset, the policy was inconsistent and there were information gaps.

We are pleased to see that the privacy of migrants who are on immigration bail is also considered and protected in this move by the ICO. Improvements need to be made by the Home Office in its approach to ensure people’s information rights are respected and safeguarded.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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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Changes to restrict short-term lets announced

The Department for Levelling Up has recently announced changes to housing rules for short-term lets. This action follows growing concern about local residents being forced out of their community by people turning their properties into Airbnb holiday rentals in tourist areas of the country. This was seen by many as a good way of making profit on second homes, something which was turbocharged by the Covid pandemic. However, in many cases, this has resulted in property prices and rental costs being pushed up in these local areas.

Following a consultation which began in April 2023, the government has issued a press release outlining their plans for reform of short-term lets. Further action which demonstrates the government’s desire to tackle this issue is the announcement in the Spring Budget, which abolished the furnished holiday lets regime.

So, what has been announced by the Department of Levelling Up regarding changes to the planning rules for short-term lets? Let’s take a look at each announcement in detail.

Planning permission

Perhaps the major announcement made is that planning permission will now be required for future short-term lets. This would mean that for future short-term lets, property owners who wish to let their home out for over 90 days a year will be required to apply to their local council. This will give councils more control over short-term lets in their community, which in theory should help the housing situation in areas which are popular with tourists like Cornwall and Devon.

There has been no information so far as to how long the planning permission will take, however at the moment it usually takes up to 8 weeks. It seems unlikely that it will take much longer than this in the majority of cases.

It’s worth pointing out that the planning permission will only be required for future short-term lets. The government press release contains the mention of a new planning ‘use class’ which will be created for short-term lets which aren’t used as either a sole or main home. Those existing short-term lets will automatically come under the ‘new use class’ and therefore not be required to submit a planning application.

Mandatory national register

Another change which will be introduced is a mandatory national register. The idea of a new mandatory national register is that it will give local authorities more information about the short-term lets in their local area. The government also claim that this will help local authorities to understand the effects of these short-term lets on their communities, as well as to “underpin compliance with key health and safety regulations”.

This particular change has received widespread praise from organisations ranging from Airbnb to Generation Rent, the latter of which campaigns on behalf of renters.

When can we expect further details?

The government have outlined that the changes will be introduced from this summer, but no information has been given about a specific date. The timing of this is a curious one, as summer is the most popular time for short-term lets, but it seems likely that there will be much more detail provided prior to the changes being implemented.

Our thoughts

With the ongoing housing crisis in the UK, more regulation will be welcomed by those who are being priced out of their local communities. While tourists often bring much needed investment into these same local economies, those who own property lets have an incentive to put their properties on Airbnb rather than rent to a local who may not provide them with as much income. With the sclerotic state of the UK economy, it can be a difficult balancing act trying to ensure that regulations are not too extensive.

However, a key fact of the matter is that only owners of new holiday lets will be required to apply for planning permission. So, for areas which have already been blighted by short-term property lets, it is perhaps difficult to see how these changes will help extensively. We will update you on these plans once further information is released.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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James Cook

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March 6, 2024
Business, Family, News

Chancellor Jeremy Hunt Announces 2024 Spring Budget

The Chancellor of the Exchequer, Jeremy Hunt has today delivered the 2024 Spring Budget, announcing a range of measures designed to both boost a UK economy currently in recession, as well as attract voters for this year’s upcoming general election.

But what measures did the Chancellor announce? Let’s take a look at the major changes our readers may be interested in.

2p reduction in national insurance

Perhaps the headline announcement was that national insurance would be reduced by 2p in the pound for employees and the self-employed. National Insurance is paid by working people who are over the age of 16 and either an employee who earns more than £242 per week from one job or self-employed and making over £12,570 per year.

National insurance contributions are primarily made to qualify for the state pension, as well as certain other benefits. The Chancellor has been criticised for choosing to cut National Insurance rather than any other tax due its regressive nature, as the highest earners pay a lower percentage relative to their income compared with those who earn less than them.

This cut to National Insurance follows the one made in January, meaning that for employees who are paid between £12,571 and £50,270, the NI rate will be 8% from April. For someone who is earning £25,000 per annum, they will save an extra £249 per year.

Non-dom tax status abolished

The non-dom tax status is being abolished by the government and will reportedly be replaced by a “fairer” system from April 2025. Short for non-domiciled individual, a “non-dom” is someone who is a UK resident but has their permanent home outside of the UK. Perhaps the most well-known example of this is the Prime Minister’s wife, Akshata Murty, who announced that she would start paying UK tax on her earnings outside the UK once her status was revealed.

Property changes – tax and holiday lets

A couple of changes have also been announced in relation to property tax and holiday lets. The higher rate of property capital gains tax (tax on sale of assets such as property which is not their home), will be reduced from 28% to 24%. In addition, stamp duty relief will be abolished for those who are buying more than one property.

The last change announced is a relatively minor one – the scrapping of the furnished holiday lets regime. Property owners who rent out to holidaymakers currently get certain tax reliefs. The scrapping of this is perhaps designed to curb the dominance of holiday lets in certain areas of the country where people struggle to find somewhere to rent.

Child benefit

Previously, if at least one parent earned £50,000 a year or more, child benefit would be reduced through the high income child benefit charge. Now however, this is being increased to £60,000.

Meanwhile, child benefit will now be removed completely once one parent earns £80,000 per year. Previously, this was £60,000. The rise in the benefit is reportedly worth £1.60 per week for one child, and an extra £1.05 for each additional child.

The Chancellor also announced a consultation to apply child benefit to collective household incomes rather than individual income from April 2026.

VAT threshold for small businesses

Finally, the threshold on VAT for small businesses has been increased by £5,000, from £85,000 to £90,000. The VAT threshold is the set amount of revenue that a UK businesses can make in turnover on an annual basis before it must register for VAT. This move will be welcomed by small businesses, as the VAT threshold had previously not risen since 2017.

Need legal advice on business law for your small business? Contact us today.

Our thoughts

While there will be many welcome measures contained in the budget for households, many would have expected more given that 2024 is an election year in the UK. Economists have pointed out that the freezing of the tax thresholds (the income level at which an individual pays tax), combined with a significant rise in inflation, means that for many they are still worse off as a result of the tax measures which have been introduced by the Conservative government. In fact, tax as a share of GDP is expected to reach its highest level since 1948 by 2028-2029.

While inflation has come down from 9% last March to 4.2% as of March 2024, many of the changes which have announced as “tax-cutting measures”, will not have this impact due to the inflation which has already occurred in the economy.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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

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