Eviction notices – when can landlords use them to evict tenants?

In today’s article, we’re going to cover the legal knowledge you need to know when it comes to the rules around eviction notices in the UK.

This includes how landlords can evict tenants when they have the right to do so, how tenants can protect themselves, and finally, the legal procedures that landlords must conform to when evicting tenants.

Are you a tenant with a landlord trying to evict you, even though you don’t think they are entitled to? Or, are you a landlord with a problem tenant that you want to evict? Keep reading to find out more about the eviction rules.

In the UK, landlords generally need to evict a tenant by using either a Section 21, Section 8 notice, or both.

If a tenant has breached the terms of a tenancy, their landlord can use a Section 8 notice. Otherwise, the Section 21 notice (also known as no-fault eviction) is generally required to evict without fault.

What are the two main types of eviction notices?

Section 8 notice

Section 8 is usually fairly simple and straightforward. In order to give your tenants a Section 8 notice, you must fill in what is called a “notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy”. You must be specific when filling out this form about which terms of the tenancy your tenants have broken.

Depending on which terms the tenants have broken, you can give them between 2 weeks’ and 2 months’ notice. You will not be able to evict a tenant immediately.

Sometimes it can be better to try and resolve any disputes with your tenant instead. If they have rent arrears, this can involve trying to set up a rent repayment plan or having an open dialogue with your tenant about managing rent arrears.

Section 21 notice

Now let’s talk about the Section 21 notice, colloquially known as a no-fault eviction.

Situations where a landlord can use Section 21 notice to evict a tenant include:

1. At the end of the fixed term of the rental contract, if you have a written contract.

2. In the absence of a fixed end date for the duration of the lease, this is known as a periodic tenancy.

Before issuing a Section 21 notice, the landlord must provide the following information to the tenant:

1. An energy Performance Certificate (EPC) in relation to the property.

2. A guide on ‘how to rent’ from the UK government.

3. If the property has natural gas installed, an up-to-date natural gas safety certificate is required.

Tenants might worry about the risk of being evicted from their homes, however it should be remembered that tenants have certain protection from Section 21 notices.

What protections do tenants have when it comes to a Section 21 notice?

Your landlord can’t legally use a Section 21 notice to evict if:

1. The lease contract started less than 4 months ago, or the fixed term has not expired, unless the contract contains a clause that allows for early termination of the lease.

2. The property is classified as a house in multiple occupation (HMO) but does not have an HMO license issued by the local government.

3. The lease commenced after April 2007, but the landlord did not put the tenant’s deposit into the security deposit protection scheme.

4. For leases commencing after October 2015, the landlord did not use a 6a Form or a letter containing the same information.

5. The local council has issued an improvement notice to the property in the past 6 months.

6. The local council has issued a notice in the last 6 months stating that emergency repairs are to be made to the property.

7. The landlord has not returned the illegal fees or deposits.

As long as one of the situations we just described happens, the landlord cannot use the Section 21 notice to evict the tenant.

What happens once the landlord issues a Section 21 notice?

But what happens once the landlord issues a Section 21 notice? Furthermore, how much notice is required, and what if the tenant insists on not leaving?

First of all, the length of the notice period depends on the nature of the breach of the terms of the lease. Generally, the notice period is at least two months, but if you have a fixed-term rental contract, the notice period must be the same as the lease period. For example, if the fixed period is a year, the notice period must also be a year.

If the tenant refuses to leave, the landlord can apply to the court for a compulsory possession order.

In deciding whether to grant mandatory grounds for possession, the court will take into account different circumstances. For example, if the landlord needs to take possession of the house because it was once used as a primary residence, or now plans to use it as a primary residence, then this reason is usually accepted.

There are other reasons which may be accepted by the court. These include: if the property is subject to a mortgage, or if the lease is less than 8 months and was previously a holiday let, etc. Keep in mind, however, that the court will also consider circumstances at its discretion, such as rental arrears or destruction of the property. These may also be grounds for granting possession.

For eviction enquiries, contact our property law team today.

Have questions? Get in touch today!

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

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James Cook

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Home Office Secret Policy Exposed by High Court

The High Court has held that the Home Office operated a secret policy denying victims of trafficking and modern slavery leave to remain.

In October 2021, the Hugh Court held in the case of KTT v SSHD that the Home Office was required to grant leave to remain to all those who have claimed asylum, and have been recognised as victims of modern slavery, whilst their asylum claim is being considered.

Despite this clear judgement, it appears that many have not been granted leave to remain as per the judgement.

A claim was brought challenging the Home Office on behalf of an Albania national who was recognised as a victim of modern slavery. Despite his pending asylum claim, he was refused leave to remain on two occasions. On both occasions, the Home Office hid those refusal decisions, leaving the claimant unable to challenge the decision.

On 23rd January 2024, the High Court held that the Home Office ran a secret policy until April 2023 to prevent people from obtaining leave to remain. It is estimated that at least 15,000 people were not granted leave to remain to which they were entitled.

Understandably, this will no doubt have caused anxiety and stress for many who are left without leave and, therefore, hesitant to obtain the support they require.

Should you believe that you were unfairly refused leave to remain, contact us to discuss your options today.

Have questions? Get in touch today!

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

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Successful Claim of Damages against Developer on Defect and Disrepair

Recently, we successfully assisted an individual leaseholder client in claiming damages, including loss of income, for her newly built flat in a prestigious area of London.

Background

Prior to the Covid pandemic, the client complained about occasional leaking in the bathroom of the flat. The problem became more serious after the client let the property out on residential tenancy, resulting in a loss of enjoyment and financial setbacks such as a reduction in rent.

The representative for the landlord/developer had been slow in responding and had withheld the building survey from releasing to our client. The landlord/developer finally proceeded to work on remedying the defect, however the process had been slow and had an adverse impact on our client’s use and financial return on the property.

We identified that the landlord/developer had breached the contract and had acted negligently. We claimed damages including loss of use/enjoyment, special loss, and loss of rental income for the time that the flat was unavailable due to the repair.

After admitting their wrongdoings, the landlord/developer agreed to compensate for the claimed loss and the matter proceeded to a speedy settlement without the need for court proceedings, saving lots of time as well as costs.

Points to Consider

For leaseholders facing similar situations with defects in the building, there are some general points to consider:

1. Start by documenting all the leaks and defects in the building. This includes taking photographs, videos, and writing down detailed descriptions of each problem. Keep a record of dates when you noticed the issues and any communication you have had with the representative or relevant person regarding the problems.

2. Review your contract and Lease: Carefully review the contract you signed with the developer. Look for clauses that relate to warranties, guarantees, and responsibilities of the developer for any defects in the building. This will provide you with a basis to understand the developer’s obligations and your rights.

3. Know the warranties: Familiarise yourself with the warranties for new homes or buildings, which developers must adhere to. These warranties generally cover a specified period and protect against major defects.

4. Contact the relevant person for the developer or the landlord: In the case of leaks and defects, it is important to notify the developer, landlord, or management company as soon as possible. Submit a formal written complaint outlining the issues, backed by the evidence you have collected. Request a meeting or discussion to resolve the matter. Maintain copies of all correspondence for future reference.

5. Engage an expert: For very serious issues, consider seeking advice from a qualified professional such as a building surveyor. They can assess the severity of the issues, determine the cause, and provide you with an expert opinion. This report can be valuable evidence to support your claim against the developer.

6. Seek proper legal advice: If the developer does not respond or fails to resolve the issue satisfactorily, consider consulting a solicitor with expertise in this area, who can review your case, advise you on your legal rights and options, and guide you through the process of claiming compensation.

7. Explore alternative dispute resolution: Solicitor negotiation, mediation or arbitration may be options to resolve the dispute outside of court. These methods involve third party assisting in negotiations and reaching a settlement. They can be more efficient and cost-effective compared to litigation. Such as in our case, the settlement was a result of solicitor negotiation.

8. Consider litigation: If all other methods fail, you may need to proceed with a claim against the developer. In this case, your solicitor will guide you through the legal process and present your case in court. But we will always advise that litigation can be time-consuming, expensive, and uncertain, so it should be the last resort.

Heads of Damages

If you are considering claiming, please note the specific types of damages that can be pursued will vary depending on the circumstances of the case. However, here are some common heads of damages that may be available:

1. Cost of repairs: You can claim the cost of rectifying the defects or carrying out necessary repairs to the property. This would include the cost of materials, labour, and any professional fees associated with the repairs.

2. Diminution in value: If the defects or disrepair are serious and have reduced the value of the property, you may be entitled to claim the diminution in value. This would be the difference between the value of the property before and after the defects became apparent.

3. Loss of use/enjoyment: If the defects or disrepair have caused inconvenience, discomfort, or loss of use of certain parts of the property, you may be able to claim for loss of use/enjoyment. This compensation is aimed at compensating for the loss of enjoyment or disruption caused by the defects.

4. Special damages: In some cases, you may be able to claim for any specific monetary losses that are directly linked to the defects. In our case, the defects caused water damage to client’s personal belongings, resulting in financial loss, we sought special damages to cover those specific costs.

5. Consequential damages: If the defects or disrepair have led to additional financial losses, such as increased utility bills or relocation costs, you may be able to claim consequential damages. These damages are intended to compensate for the financial consequences that arise as a result of the defects. In our case, we had claimed loss of rent which should have been a source of income for our client given the location and high demand of the flat on the market.

6. Fees and legal costs: You may be able to claim the professional fees incurred in assessing the defects, preparing reports, or obtaining legal advice. This includes fees paid to architects, engineers, surveyors, or any other professionals whose expertise was required to evaluate the defects and recommend remedies. In some cases, you may be able to claim your legal costs associated with pursuing the compensation claim against the developer. This would include fees paid to solicitors or barristers representing you. In our case, the client had been compensated their legal cost too.

If you have proceeded to or are considering proceeding with such claim, please note that sometimes the damages claimed might be challenged and disputed. It is advisable to seek proper legal advice to assess the circumstances of your case and determine the appropriate route and heads of damages and to better navigate the process of your claim.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and 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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Immigration Health Surcharge Now to Increase from 6th February 2024

The Immigration Health Surcharge’s anticipated increase, initially set for 16th January 2024 as first stated, will not be taking place on that date. It has been confirmed that the increase will occur no earlier than 31 January 2024 at the earliest, as we informed you in our recent article.

We can now confirm that the Immigration (Health Charge) (Amendment) Order 2024 has been passed and will come into effect on 6th February 2024.

This means that the new increased rate will apply to all those submitting applications on or after 6th February 2024.

The main rate per person will increase from £624 per year to £1,035 per year. The discounted rates for children per child will increase from £470 per year to £776. This means a typical family of 4 (two adults and two children) applying for a 2.5-year visa extension will be paying an IHS (Immigration Health Surcharge) fee of £9,055.00 rather than £5,470.00.

The increase is substantial and therefore many are submitting applications as soon as possible. Please note that under the immigration rules, you are permitted to submit your extension application 28 days before the expiry of your leave. Therefore, those whose visas expire on 4th March 2024 can submit an application before the change.

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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Fair dismissal – when is an employer allowed to dismiss an employee?

How can an employer dismiss an employee fairly? First, let’s demystify what ‘fair dismissal’ actually means. Fair dismissal should otherwise be simply referred to as a ‘dismissal’, which happens when an employer chooses to end an employee’s contract. In common parlance, it usually refers to someone being either sacked or fired.

So, how can a dismissal occur? There are three main ways in which an employee can be dismissed:

An employer terminating the contract, with or without notice
A fixed term contract has expired
An employee has left with or without giving notice. The employee will be entitled to do so due to the employer’s behaviour (constructive dismissal)

But what are the valid reasons for a dismissal? The next section will discuss the reasons employers can use to dismiss an employee fairly.

Reason for dismissal

Whether a dismissal is fair depends on the reason for the dismissal. Fair dismissal grounds are generally based on the following in accordance with the Employment Rights Act 1996:

Conduct – a conduct by the employee that’s inappropriate or unacceptable by the company (e.g. fraud, physical violence, gross negligence, serious insubordination e.g. refusing to take lawful and reasonable orders from a supervisor

Capability – an employee who failed to carry out the job or does not have the appropriate qualifications

Redundancy – the job is no longer needed because the organisation is closing/has closed, they are changing location, or changing the type or number of roles needed to do certain work

A legal reason – For example, a solicitor who has lost their practising certificate or a doctor who has their licence to practice withdrawn

‘Some other substantial reason’ – this is a catch-all provision which allows an employer to dismiss an employee fairly when none of the other fair dismissal terms apply.

What is a fair procedure when it comes to dismissal?

When an employer decides to dismiss an employee, they must show that they acted reasonably and that they followed a full and fair procedure. This will save them a later headache if an employee decides to claim for unfair dismissal and takes their case to an employment tribunal. Employers should follow the Acas Code of Practise on Disciplinary and Grievance Procedures, found here.

If an employer fails to do this, then a dismissal could become an automatic unfair dismissal. This can be true even if the dismissal comes under the five grounds for dismissal as defined under the Employment Rights Act 1996. A tribunal may also be able to increase an unfair dismissal award by up to 25%! In deciding whether an dismissal is fair or not, the tribunal will consider:

Whether a proper full and fair procedure was followed
That the employer has a valid reason to dismissal their employee fairly

Full and fair procedure

Employees should be kept well-informed about the details regarding their dismissal. This should involve informing them of:

The reason why they have been dismissed
When their employment contract ends
Whether they have a right to appeal the decision
And their notice period if they have one

While it is advisable that an employer puts the reasons for the dismissal in writing, it is not always a requirement. Employee have the right to ask for a written statement for their dismissal if:

Their employment status is an ‘employee’
They have been employed for at least 2 years

The reason in writing must be provided within 14 days if the employee requests it. It should also be noted that if an employee is pregnant or on maternity leave, the employer must put the reason for their dismissal in writing. This should be done regardless of how long they have been employed.

Our thoughts

Employers should ensure that they are well aware of the law when it comes to dismissing an employee. To summarise, a dismissal is usually classed as fair if one of the five fair reasons for dismissal is cited, the reason is sufficient for the dismissal of the employee, and fair procedure is followed when dismissing the employee. Making a mistake could result in a costly employment tribunal which may result in the employee either being reinstated or having damages paid out to them.

Need advice on any of the topics raised in this article? We are specialists in employment law as well as other aspects of business and commercial law and will be able to provide you with advice on these issues. 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/

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James Cook

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Home Office backtracks on immediate rise in financial requirements for family visas

The Government announced late last year that they would be increasing the financial requirement for applications made for family visas. Such a huge increase has understandably caused great concern for those intending to make an application in the future and those who are currently in the UK with a family visa.

Presently, the financial requirement for a spouse visa is that the sponsor must be earning £18,600 per year. The government was intending to increase this to £38,700 per year all at once.

When making the announcement, little information was provided as to what would happen to those who are currently on visas in the UK when they need to apply for an extension.

The announcement faced a huge backlash among much of the public, and a petition was submitted requesting that the government don’t increase the financial requirement. This petition stated that most people in the UK do not earn so much money and that people are being punished for falling in love with someone of a different nationality.

The petition, which has gathered over 40,000 signatures so far, can be found here.

The Government has responded to the petition by finally outlining more details about the family visa salary threshold increase.

What are the stages of the salary threshold increases?

The Government intends to increase the salary threshold but will do so in stages. The first stage being Spring 2024
In Spring 2024 the minimum income threshold will be increased to £29,000.
A further increase will be to £34,500, a date yet to specified.
A final increase to £38,700 will be set in early 2025.
There no longer will be a child element to the minimum income requirement
For those who are currently on family visas, when going for their extension applications, the current financial requirements will apply, not the increased amount.

This will put many currently on spouse visas at ease knowing that they will not be affected by the changes.

Although the announcement of the staggered increases are welcomed, these changes are scheduled to take place within a very short timeframe, with the final increase being scheduled for early 2025. We will keep you updated on any changes or updates on this.

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 Adoption – how does the process work?

In the UK, if you want to adopt a child, you must go through formal procedures. This involves the court issuing a “Child Adoption Order”. The function of an adoption order is to formally sever the legal relationship between the child and their biological parents, and to establish an order to form a new relationship with the adoptive parents.

In this article, we will explain the entire process of child adoption to you and how to apply for an adoption order.

Am I eligible to adopt?

Since 30 December 2005, the Adoption and Children Act 2002 and The Family Procedure “Adoption” Rules 2005 have overhauled adoption law. The updated law aligns child adoption with the Children Act 1989 and seeks to ensure that issues including birth parent consent are addressed at an earlier stage.

These laws prioritize the welfare of children and allow parents to adopt as single applicants. Furthermore, couples living together – whether they are married, in a civil partnership or in an enduring family relationship, can also apply for an adoption order at the same time.

You also do not have to be a British citizen to adopt a child. However, you (or your partner) must have a fixed and permanent home in the UK, Channel Islands or Isle of Man. You (and your partner) must have lived in the UK for at least one year before starting the application process. In addition, potential adopters must meet other criteria including not having criminal convictions for certain crimes.

Those who meet the above preliminary criteria also need to be evaluated to test their suitability, as well as their ability to meet the needs of adopted children. They will therefore be assessed on the following:

Physical health
Mental health
Current and past relationships with partners, friends and family
Experience with children
Financial status
Work commitments
Their ethnic and cultural background
Sympathy and understanding of the underlying issues faced by adopted children
Other special circumstances

The child adoption process

If you want to adopt a child through an agency, you have two options:

Adoption agency affiliated with your local council
Voluntary adoption agency

You will need to contact an adoption agency and they will send you information about the child adoption process. Once the agency receives your application, they will do the following:

Invite you to attend a range of preparation courses: these are usually held locally and provide advice on the impact that adoption may have on you;
Arrange for a social worker to visit you multiple times and conduct assessments. This is to check if you are suitable to be an adoptive parent.
Arrange a police check: If you or an adult family member has been convicted of a serious crime, such as against a child, you will not be allowed to adopt.
You are asked to provide the names of 3 referees who will provide you with personal references. One of the referees can be a relative.

Arrange for you to have a full medical examination.

Next, the social worker will send your assessment report to an independent adoption panel. This is a group of people with experience in adoption. The team will make a recommendation to the adoption agency based on your evaluation. The adoption team will send their recommendations to the adoption agency, who will then decide whether you are a suitable adopter.

Once your agency decides that you are a good candidate for child adoption, they will begin the process of looking for the child. The agency will explain how the process works and how you can get involved.

During this process, the adoption agency will arrange to meet with you, and you may also be invited to attend meetings with other people who want to adopt. If you and the agency agree to proceed, the agency will give you an application form. The adoption approval process usually takes about 6 months. You will then be matched with a child for adoption.

If an adoption agency says you can’t adopt and you disagree with the agency’s decision, you can take the following steps:

Challenge their decision by writing to them
Make an application to the Independent Review Mechanism, which will investigate your case.
You can also contact another adoption agency, but you will have to start the process all over again.

How to apply to the court for a child adoption order?

As mentioned earlier, in order to legalize an adoption, you need to apply for an adoption order. This will give you parental rights and responsibilities over your child.

The court requires that the child must have lived with you for at least 10 weeks before you apply. Once the command is granted, then:

Adoption becomes permanent
Children have the same rights as your own biological children, such as inheritance rights
You can purchase a copy of your adoption certificate—you will not automatically receive one.

It is worth mentioning here that most applications for adoption orders are made in the Family Court. You need to submit a completed application for an adoption order to the court: Form A58. If your application is successful, the Registrar General’s Office will produce an Adoption Certificate. This will replace the original birth certificate and show the child’s new name.

If you want a copy of the new certificate you will need to buy one, a ‘full’ copy of the certificate costs £11 and you can order one. This is important, you will need the full version of the certificate to do most legal work for your child, such as getting a passport.

If you hire a family lawyer, your lawyer will assist you in this process.

How do I adopt a stepchild?

If you want to adopt your spouse or partner’s child, you need to tell your local council. You must do this at least 3 months before applying to court for an adoption order. The child must also have lived with both of you for at least 6 months.

The adoption process for stepchildren is similar to that of an adoption agency and requires an evaluation. The evaluation is used to help the court decide whether you can adopt the child.

The court will ask your local government to provide a report that will be used to help the court make its decision. If approved, the adoption order will give you parental responsibility for the child.

It is important to note that once an adoption order is in effect, it cancels any other type of court order regarding how and when the child’s biological parents can visit the child.

What is a private adoption?

If your relative unfortunately passes away, and you want to adopt their child and give them adequate care, you would be adopting privately (not adopting through an agency). An example of this would be existing relatives who want to adopt the child, or the child is already with the proposed child. Non-institutional adoption is allowed if the applicants live together.

The Adoption and Children Act 2002 defines these circumstances and allows adoption by relatives, including the following:

Grandparents
Brothers and sisters, including half-brothers and sisters
Stepparent
Aunts and uncles include half-siblings of either parent, or aunts or uncles by marriage or civil partnership.

If you proceed with a private child adoption without the correct legal guidance, you may face criminal prosecution, so it is important that you take professional advice from a specialist lawyer to ensure that you are acting within the law and safeguarding your child’s future.

Want to adopt a child from overseas?

You can adopt a child from overseas if:

They cannot be cared for in a safe environment in their own country
Adoption is in their best interest
The adopter has been assessed by a UK adoption agency as being eligible and suitable to adopt from overseas.

If you would like to adopt a child from overseas, you should contact an adoption agency in the UK via:

Your local government in England and Wales
Local health and social care trusts in Northern Ireland
Voluntary adoption agencies that handle overseas adoptions

The child adoption process, like a local adoption in the UK, will be completed by a UK adoption agency and fees may apply. If you have been assessed and approved by a UK adoption agency as being suitable to adopt, they will let you know what you need to do next and guide you through the steps.

Your application will be sent to the Department for Education (DfE) or your relevant UK central agency to check whether it meets the eligibility criteria. The Department for Education or your relevant UK central agency will then issue a Certificate of Eligibility for Adoption and send it to the relevant overseas agency together with your adoption application. Some countries require notarization, certification, and translation of adoption applications and supporting documents.

Once a match is made, you will need to visit the child in their country and confirm in writing that you have visited them and wish to proceed with the adoption. It is worth noting that you may need to go through adoption tribunal proceedings in your adopted country and in the UK. Once the placement is completed, you will need to arrange entry permission for the child to enter the UK.

The Department for Education charges a non-refundable application fee of £2500 (minus VAT) in order to adopt a child from overseas.

As a reminder, the UK restricts adoptions from the following countries:

Cambodia
Guatemala
Nepal
Haiti
Ethiopia
Nigeria

If you want to adopt a child from a restricted country, you will need to explain in writing why your situation falls within the exception (for example, adopting a family member) and provide supporting evidence. Learn how to apply for an exception to adopt a child from a country on the restricted list.

Our advice

If you are thinking of adopting a child, regardless of the method, we recommend that you contact a solicitor as early as possible to discuss the relevant legal restrictions and help you review whether you are eligible to adopt a child.

In addition, a lawyer can assist you throughout the application process so that you can obtain the adoption order more smoothly. If you have the above needs, please contact Lisa Law Firm. Our family law team has many years of experience in this area and can assist you with a series of procedures.

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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Solicitor fired by immigration advice business due to direct race discrimination

An employment tribunal has ruled that a solicitor was fired by an immigration advice business due to her race. With immigration lawyers often representing some of the most marginalised people in society, it might seem surprising to see a case involving direct race discrimination against an immigration solicitor emerge. However, this is what happened to Indian national, Mayuri Manjula, when she was dismissed.

Miss Manjula subsequently claimed that she was a victim of direct discrimination. This was based on her belief that a British employee would not have been treated the same way when handing in their notice.

So why did the employment tribunal find that Ms Manjula was fired due to her race? Let’s take a look at the background and facts of the case in more detail.

Background

Miss M Manjula v Immigration and Nationality Services Ltd and IANS Solicitors Ltd

Mayuri Manjula originally qualified as a solicitor in India before moving to the UK. Initially, she worked as a Business Development Manager for her employer, Immigration and Nationality Services Limited, owned by Ian Refugio. Prior to this, she self-funded her own qualification and admission as a solicitor in England. After being employed by the law firm IANS Solicitors Limited, also owned by Mr Refugio, her firm obtained a sponsor license which extended her visa.

Manjula had handed in her notice after being offered a role at KPMG, one of the ‘Big Four’ accounting firms. She was willing to work more than four weeks of her notice but was told to leave immediately by her employer, who cited a “breakdown in trust and confidence” for this decision.

During a meeting notifying the owner, Ian Refugio, that she would be resigning to work for another employer, Manjula claimed that Refugio responded angrily and banged on the table. She claimed that her employer said: “You plan to leave the employment? I extended your visa and now you plan to leave? What about the visa costs? You influenced me to pay for your visa and now you say you want to leave! I am disappointed that I trusted you!”

After being told that she must leave immediately, she repeatedly stated that she was required to give her four weeks of notice and expected to receive four weeks of payment in lieu of notice. However, she was dismissed by her employer.

What claims did Miss Manjula bring forward?

Manjula subsequently brought a number of claims as a litigant in person including the following:

Unfair dismissal
Wrongful dismissal
Unauthorised deductions from wages
Direct race discrimination under the Equality Act 2010 Section 13
Failure to Provide a Statement of Particulars
Indirect Race Discrimination

When it came to the Claimant’s claim for direct race discrimination under the Equality Act 2010, the tribunal had to decide whether the Respondents treated the Claimant less favourably on the grounds of race. In particular, “as a non-British national migrant worker compared to British-national workers”. The claimant provided three comparators for the direct race discrimination claim. All three were non-migrant British National workers that had left the company.

The period the tribunal focused on was after 9^th March 2022 when Manjula notified her employer that she was resigning. It would also focus on the alleged dismissal of the Claimant later that day, a dismissal which was denied by the Respondents.

Let’s take a look at what the tribunal decided on each of these claims.

Judgement

All claims other than the one for indirect race discrimination contrary to the Equality Act 2010 succeeded. The indirect race discrimination claimed failed due to being presented out of time.

The judge found that Mr Refugio had a habit of dismissing migrant employees without paying them their notices monies and/or wages owed. At the time of the hearing, which took place a year and a half after the claimant was dismissed from her employment, Ms Manjula had still not received the money she was owed. The money owed by her employer, IANS Group, totalled £7,930.29 overall.

When comparing the situation of Ms Manjula with that of her non-migrant comparators, it was found that the others had not been treated the same way. The closest comparator, Maryam Sufi, was also a Solicitor and was not treated in the same aggressive manner as the Claimant was when she resigned.

The tribunal found that the motivation for Mr Refugio becoming angry was that she had resigned after her employer had helped her remain in the UK over three years of employment. The behaviour by Mr Refugio in becoming angry and dismissing her may have been unconscious, but according to the tribunal it was motivated by race. It was therefore also discriminatory on the grounds of race.

Direct race discrimination

Following the summary of evidence which was gathered by the tribunal, it was found by the tribunal that this inferred that direct race discrimination of the Claimant had taken place. The burden of proof shifted to the Mr Refugio, who had to provide evidence that “amounted to a non-discriminatory reason for the treatment of the Claimant” on 9^th March 2022.

As the respondent failed to prove a non-discriminatory reason, the tribunal decided that the aggressive behaviour directed towards Ms Manjula that day, as well as her summary dismissal on that date amounted to direct race discrimination.

Unfair dismissal

Regarding the claim for unfair dismissal, the claimant had been continuously employed by the respondent for more than two years. Employees have the right to challenge a dismissal if they have been continuously employed by their employer for more than two years as per section 95 the Employment Rights Act 1996.

The Tribunal found that following Ms Manjula’s resignation, the Respondent brought forward her date of termination, amounting to her summary dismissal. If an employer decides to summarily dismiss an employee during their period of notice, the employee will be considered to have been dismissed by their employer. Was this an example of an unfair dismissal?

Despite the respondents giving the reason for dismissal as misconduct, i.e. Manjula finding alternative employment, this was found not to have been a sufficient reason for the summary dismissal of the Claimant. The claim for wrongful and unfair dismissal therefore succeeded. The reason for this is that the Claimant was entitled to a four week notice period which she was not giving the opportunity to serve.

Our thoughts

This is a case which highlights the nuanced nature of discrimination law under the Equality Act 2010. While the dismissal could be regarded as more cut and dry in terms of being unfair and wrongful, on the face of it, one might not initially realise that the dismissal of the claimant was also an example of direct race discrimination. Indeed, Ms Manjula herself did not initially claim direct race discrimination.

However, the pattern of behaviour by the respondent in behaving differently towards non-migrant British workers who resigned, as well as his outburst and dismissal of the claimant following her resignation, were found to be an example of direct race discrimination. As discrimination under the Equality Act 2010 can be both conscious and unconscious, the tribunal held that the respondent’s reaction could be put down to direct race discrimination of an unconscious nature.

It is vital that employers have cle anti-discrimination policies which are kept up to date and which staff are informed of. The Equality Act (2010) makes it a requirement for employers to take steps to prevent discrimination. This helps to create a safe and inclusive workplace for staff.

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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Immigration health surcharge increase delayed – submit your application now

The Immigration Health Surcharge (IHS) allows an individual coming to the UK to have full access to the National Health Service (NHS). It is an upfront cost paid when submitting a visa application, which allows the individual to access the NHS without any restriction.

The Government announced in October 2023 that the immigration health surcharge that is payable in visa applications is scheduled to increase by 66% on 16^th January 2024 by way of introducing the Immigration (Health Charge) (Amendment) Order 2023.

The increase was proposed to help cover the cost of the public sector as the costs have not increased for the past 3 years.

The main rate for per person will increase from £624 per year to £1035 per year. The discounted rates for children per child will increase from £470 per year to £776.

It has now been announced that the increase will not be taking place on 16^th January 2024 as expected. Although they have not given a definitive date, it has been confirmed it will be no earlier than 31 January 2024 at the earliest.

Act Now

If you are intending to come to the UK in the near future, then we would suggest that you apply for your visa now prior to the change taking place. This will allow you to benefit from the current charges. If you are intending to apply for an extension to your current visa, then you may wish to apply now.

Please note that as a general rule for most immigration applications, you are permitted to extend your visa 28 days before the expiry of your current visa. This means that should your visa be due to expire in February 2024, then you may be able to apply now.

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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Renting with pets – do landlords have to say yes to tenants?

Pets are a huge part of people’s lives. In the UK, they are often considered part of the family and help to improve both the mental and physical health of their owners. However, renting with pets in the current climate can prove to be a challenge for tenants and landlords alike.

The pandemic saw a surge in those wanting to keep pets. A report by the property website Rightmove from 2021 found that they saw an increase in demand of 120% for pet-friendly properties that year. The number of households with a pet surged from 41% in 2019, to 59% in 2020, a clear reflection of increased time spent at home as a result of the Covid pandemic and a rise in flexible working.

Unfortunately though, not all those who wish to keep pets are allowed to. Landlords often don’t like the idea of their tenants renting with pets, with concerns about damage to their property as well as smell. In 2020, just 7% of landlords advertised their property as being suitable for those with pets.

But what rights do tenants have to keep pets? And when can their landlord say no to such a request? Keep reading to learn more.

What is the law as it currently stands?

At the moment, landlords can still quite easily say no to pets under the Housing Act 1988. This is usually done through a clause in the tenancy agreement between landlord and tenant. If a tenant does want to keep a pet in their rental property, they will usually need permission from their landlord to do so. However, there is no obligation on the landlord’s behalf to allow it.

Some landlords may even charge extra rent for those with pets. The Tenant Fees Act 2019 made this a more popular option for landlords due to the restriction on charging a higher deposit. While this legislation banned landlords from forcing tenants with pets to take out pet insurance, the Renters (Reform) Bill 2022-2023 will reverse this ban.

Model Tenancy Agreement

Confusion around the status of the law arose following the publication of the government’s new Model Tenancy Agreement (MTA) in January 2021. Within the MTA, a relaxed attitude towards the keeping of pets is the default stance.

However, it should be noted that the Model Tenancy Agreement (MTA) is not legislation. Instead, as its name suggests, it is a model for a tenancy agreement for landlords entering into assured shorthold tenancies (ASTs) in the private sector. Landlords do not have to follow this guidance or use the MTA as their tenancy agreement. However, for those that do, the guidance features a clause (C3.5) which prohibits a blanket ban on pets in rental properties.

This clause includes the following:

· A Tenant must seek the prior written consent of the Landlord should they wish to keep pets or other animals at the Property

· A Landlord must not unreasonably withhold or delay a written request from a Tenant without considering the request on its own merits.

· The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept.

· Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.

· Landlord is prohibited from charging a fee to a Tenant who wishes to keep pets or other animals at the Property.

· Permission may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit, but the deposit must not breach the deposit cap requirements under the Tenant Fees Act 2019 (see section B10).

While this is positive for those whose landlords choose to follow the model tenancy agreement, it doesn’t exactly help those who don’t. Nevertheless, it does reflect a sea change in the property landscape regarding the approach towards pets.

Renters (Reform Bill) – a green light for pet owners?

The Renters (Reform) Bill was introduced to Parliament in May 2023 with the promise of making it easier for the 4.6 million private tenants in the UK to keep pets. But does it do so?

The bill promises a number of different measures affecting renters and landlords when it comes to keeping pets. Let’s take a look at what it proposes:

· The landlord must not reasonably refuse a tenant’s request to keep a pet

· Landlords will be able to require that tenants take out insurance covering pet damage

· Responsibility for preventing and resolving damage caused by a tenant will also be that of the tenant

The legislation is likely to only be introduced by the end of 2024 but will initially only affect new tenancies. There will then be a 12-month gap before it is implemented for existing tenancies, in order to give time to “transition to a new system”. With the legislation still in the report stage, many have criticised the bill’s slow progress through parliament after a “better deal for renters” was originally promised in the Conservative manifesto of 2019.

As of 22nd July 2024, the new Labour government have announced as part of their Renters’ Rights Bill that they will give tenants the right to request a pet, which landlords cannot unreasonably refuse. Landlords will however be able to request insurance to cover potential damage from pets. Find out more about the newly-elected government’s plans for property law reform here.

When can it be deemed reasonable for a landlord to refuse a tenant having a pet?

Landlords should assess each situation on a case-by-case basis. The government claim that the diversity of the private rented sector means that it would “not be possible to legislate for every situation where a landlord would or would not be able to ‘reasonably’ refuse a pet.”

If tenants feel that their landlord has been unreasonable in denying the keeping of pets, they may escalate their complaint to the Private rented Sector Ombudsman. Failing that, they may go through court. However, the latter may be a costly alternative.

Our thoughts

The Renters (Reform) Bill is a positive step for tenants renting with pets. By allowing tenants to keep pets in private accommodation, unless the landlord has a reasonable reason not to allow it, tenants will have more choice over where they can live.

With just 7% of landlords advertising their properties as being pet friendly, it can often prove difficult for these individuals to find somewhere to live. Pet-friendly properties are also generally more expensive due to the lack of availability of pet-friendly properties.

Following the implementation of the Renters (Reform) Bill, landlords can rest assured in the knowledge that any damage caused by pets will be the responsibility of the tenant by requiring them to take out insurance. If the tenant does not have insurance, the cost for damages will be taken out of the deposit.

In the meantime, while the default is still for landlords to refuse pets, tenants with pets should have an honest discussion with their landlord about their pet if they have one or are thinking of getting one. For example, while a landlord may be reluctant to allow a tenant to keep a Great Dane in a one bedroom flat, they may be more willing to allow a cat to be kept.

It is important not to keep a pet in your rented home without the consent of your landlord. If your rental agreement does not allow for pets and your landlord finds out, this will be considered a breach of contract. Your landlord would then be within their rights to start the eviction process.

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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