Retrospective Protections Under the Building Safety Act 2022: Lessons from Adriatic Land and Triathlon Homes

The Building Safety Act 2022 (“BSA 2022”) was introduced in the wake of the 2017 Grenfell Tower disaster. In view of the complexity of the legislation, there have been disputes between leaseholders and landlord on the application of the law. As disputes have arisen over the scope of Building Safety Act protections, two recent Court of Appeal decisions – Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point [2025] EWCA Civ 856 and Triathlon Homes LLP v Stratford Village Development Partnership [2025] EWCA Civ 846 – have provided a clarification on the scope and purpose of the BSA 2022.

Together, they demonstrate the courts’ firm commitment to giving effect to Parliament’s intention: shifting the financial burden of building safety defects away from leaseholders and onto those responsible for developing, owning, or deriving commercial benefit from affected buildings.

Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point: Retrospective Exclusion of Service Charge Recovery

In Adriatic Land, the Court of Appeal held that paragraph 9 of Schedule 8 to the BSA 2022 prevents landlords from recovering, via the service charge, their legal and professional costs associated with liability for safety defects under qualifying leases. Crucially, this protection applies retrospectively, covering costs incurred even before the Act came into force on 28 June 2022.

Key Findings

Wide interpretation of excluded costs

The court confirmed that the exclusion covers a broad range of legal and professional expenses, including:

Legal advice
Court or tribunal proceedings
Alternative dispute resolution

This ensures that leaseholders are not indirectly made to fund the landlord’s defence or pursuit of building safety liability matters.

Retrospective effect is deliberate
The court considered retrospective application necessary to secure the full scope of leaseholder protection intended by Parliament. Without it, landlords could pass on substantial historic legal costs, undermining the purpose of the Act.

Implications

The decision significantly strengthens leaseholder protections by:

Preventing the “back-door” recovery of legal expenses through service charges;
Encouraging landlords to take responsibility for the costs of managing safety defect liabilities; and
Reinforcing the principle that leaseholders are not a funding source for disputes arising from historic building safety failings.

Triathlon Homes LLP v Stratford Village Development Partnership: Retrospective Application of Remediation Contribution Orders

Triathlon Homes LLP’s application of Remediation Contribution Orders (“RCOs”) under section 124 of the BSA 2022 against the developers and its parent company, aiming to recover substantial costs already incurred in remedying the defects, was first granted by the First-tier Tribunal, and the Court of Appeal upheld that decision.

Key Findings

Section 124 applies retrospectively

The Court of Appeal affirmed that RCOs may cover remediation costs incurred before the BSA 2022 came into force. This ensures that leaseholders who have already paid for works are not left without recourse merely because expenses were incurred earlier.

Purpose of the Act favours recovery from developers, not leaseholders

The Court of Appeal emphasised that public funds – such as the Building Safety Fund – were never intended to shoulder the full burden of historic defects. Allowing retrospective recovery from developers aligns with the fundamental purpose of the Act.

The “just and equitable” test is deliberately broad

In upholding the First-tier Tribunal’s assessment, the Court of Appeal confirmed that the test allows wide discretion. Relevant factors include:

The developer’s role in creating or contributing to the defects;
The availability (or uncertainty) of public funding;
The overarching aim of allocating responsibility fairly.
The applicant’s motives or the identity of ultimate beneficial owners are irrelevant considerations.

Implications

The decision significantly strengthens leaseholder protections by:

Empowering leaseholders and housing providers to reclaim historic remediation costs;
Confirming the developers may face liability long after construction;
Clarifying that tribunals have broad discretion when determining what is “just and equitable”.

Conclusion

The Court of Appeal’s decisions in Adriatic Land and Triathlon Homes are crucial to the development of building safety law. They affirm the retrospective application of key provisions of the BSA 2022 and illustrate a consistent judicial approach to interpreting the Act purposively and expansively.

It is worth noting that permission to appeal to the Supreme Court on the ground of retrospectivity was just granted for both cases. It remains to be seen whether the Supreme Court will affirm the Court of Appeal’s robust, purposive approach or whether it will recalibrate the limits of retrospectivity within the BSA 2022. Whatever the outcome, the appeals will shape the future scope of Building Safety Act protections and the allocation of financial responsibility for historic building safety defects and for the wider interpretation of the BSA 2022.

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Criminal Court Reforms- A Much Needed Rebuild for All

The government has announced a major overhaul of the criminal courts aimed at delivering “swift and fair justice”. The criminal court reforms are intended to tackle the crisis of delay in the delivery of justice. Plans of action are aimed at increasing the number of cases that can be heard and strengthening support for those affected by crime.

Investment in victim and witness services

Court case backlog is not news to us, but the number announced is still considerable. There are currently 80,000 Crown Court cases still waiting to be heard. It could reach 100,000 without action. The delays caused are damaging public confidence in our justice system. Many victims have to wait three or four years for their cases to reach trial. And it is not a surprise that a significant number lose faith and withdraw from the process entirely.

Quite considerably, a £550 million investment in victim and witness services over the next three years is the central part of the plans. This money is intended to fund help and support, counselling and specialised services. It has a particular focus on survivors of domestic abuse, rape and other serious sexual offences. This is based on research showing that victims are far more likely to see their case through to the end when they receive consistent support. This would hopefully help for more offenders being held accountable.

What impact will the reforms have?

The reforms will help to cut down waiting time, provide a clearer sense of what to expect for victims and witnesses. However, we cannot ignore the fact that the push for speed may put pressure on defence practitioners, who will need early disclosure and adequate time to prepare cases. We are hoping the government’s funding for legal aid and new pupillages will help to support the legal profession in the criminal sector, and to bring the reforms to thrive.

For the public, it means faster hearings, better-supported victims, and more consistent outcomes. The government also plans to increase the number of Crown Court sitting days so judges can hear more cases. To modernise the courts, (which is urgently needed for a long time), there will be long-term investment in court buildings and digital systems, finally. The current conditions of the courts and dated technologies causes delays and make last-minute adjournments unfeasible. The workforce in this sector has also been under strain for years. The shortages of judges, staff and barristers will be a long-term task to rebuild.

The reforms are much needed. If it is successful, it could reduce long-standing delays and help to rebuild public trust. It is not going to happen overnight, but it is a starting point to a faster, fairer and more supporting system for all who are depending on it.

Have questions? Get in touch today!

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Border Security, Asylum and Immigration Act receives Royal Assent

The Border Security, Asylum and Immigration Act received Royal Assent on 2 December 2025. This new legislation introduces new powers and offences which aims to improve UK border and strengthen the immigration system.

The UK government has faced significant pressure on its handling of the “small boats crisis” since being elected in July 2024, with small boats arrivals in 2025 increasing by 7% on the year before as of 8^th December 2025.

What powers does the Border Security, Asylum and Immigration Act introduce?

The Act brings forward a raft of new powers including:

Powers for Immigration Enforcement, the National Crime Agency and police to gather intelligence from illegal migrants’ mobile phones to track down and arrest people smugglers – as well as on arrival at the border, phones can be seized during property, vehicle or premises searches during enforcement raids, officers will no longer need to arrest someone
Making it a criminal offence to supply, offer to supply or handle articles such as small boat parts, for example engines, air valves, and inflation pumps – offenders risk up to 14 years in prison
Making it a criminal offence to download, research or make a record of information linked to people smuggling, such as departure dates, timings and locations of small boats crossings, research on how to make a small boat or gathering intel on where French police might be stationed at the border – offenders could receive up to 5 years in prison
Making it a criminal offence to import, manufacture or supply compartments that modify a vehicle, like fake floors for a van or a lorry to hide migrants underneath – offenders could receive up to 5 years in prison
Making it a criminal offence to put lives in danger during a small boat crossing through physical aggression or refusing to be rescue attempts – offenders could face up to 6 years in prison
Excluding foreign sex offenders from protections under the Refugee Convention, meaning any conviction of a crime that qualifies a foreign national for the sex offenders register will lead to them being denied refugee status
Making it a criminal offence to create or post material online which promotes small boats crossings or services to facilitate illegal migration

What will be the impact of these changes?

These powers are expected to speed up investigations where it might previously have taken months or years to prove offences. With these powers, the law enforcement can intercept, detain and arrest people smugglers who bring in illegal immigrants. Even more, they can intervene and disrupt this kind of criminal activity at an earlier stage.

We anticipate that this Act will deter illegal immigration, reduce small boat crossings in the Channel, strengthen the UK’s asylum and immigration system and allow the UK to be one step closer to restoring order and control at the border.

Have questions? Get in touch today!

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

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Government to Review Financial Remedies and Cohabitation Law: What You Need to Know

In a recent House of Lords debate on 10 November 2025, the Government announced that it will launch a wide-ranging consultation in Spring 2026 on the law governing financial remedies on divorce, civil partnership dissolution and cohabitation. This financial remedies and cohabitation law review has long been anticipated. The Labour Government’s 2024 election manifesto committed to improving rights and protections for cohabiting partners, and further commitments were made in early 2025. The upcoming review will now take a holistic approach, looking at all relationship-breakdown law together rather than in isolation.

The debate follows the Law Commission’s 2024 scoping paper, which set out four potential models for reforming financial remedies. These included clearer statutory definitions, guideline-based frameworks, and property-based systems used in other jurisdictions.

In anticipation of possible reforms, it is crucial for individuals and couples to better understand what may be changing, and how to protect their current position.

Why Reform Is Needed

Financial Division

The current law on financial remedies is still rooted in the Matrimonial Causes Act 1973, which is a framework that heavily relies on judicial discretion. While this gives courts flexibility, it can also to uncertain outcomes in financial division cases.

The law has not been updated to reflect major case law developments, most notably the Radmacher v Granatino decision made 15 years ago, which confirmed that nuptial agreements should be upheld by courts unless they are unfair. However, Parliamentary legislation is necessary to further clarify the principles, and there have been calls for even stronger recognition of nuptial agreements, including support from Ministers during the House of Lord debate.

Cohabitation

Cohabiting couples remain largely unprotected in England and Wales. Unlike married couples and civil partners, cohabitants do not have automatic property occupation rights, inheritance entitlement, taxation benefits, or the power to claim for the division of assets after separation. Although cohabitants can protect themselves through agreements and proper planning, many do not realise the need to do so.

The myth of “common law marriage” unfortunately persists, with many believing that cohabitants gain marriage-like rights, but this is not true in the UK. 47% of respondents in the 2019 British Social Attitudes survey and 2 in 3 cohabitants in the 2017 Resolution survey held this misconception. This gap in protection can leave the financially weaker partner, often women, and children unsupported and vulnerable upon separation. The need for reform is substantial as cohabitation is becoming increasingly common, with the Office of National Statistics reporting in 2021 that 24.3% of couples (around 3.6 million couples) in England and Wales were cohabiting.

What Will the Consultation Cover?

In the House of Lords, Baroness Deech and Baroness Levitt confirmed that the consultation will holistically examine financial remedies across marriage, civil partnership and cohabitation together. This is intended to increase consistency and fairness across all three, which have traditionally been considered separately.

The role and enforceability of nuptial agreements
Whether maintenance should have a time limit
How pensions sharing can be made more accessible and fair
Whether child financial support should extend beyond 18
Clearer statutory guidance to reduce litigation and improve predictability

Throughout the debate, there was strong emphasis on ensuring that children remain at the centre of any new legal framework. Though we do not know the exact scope of the consultation yet, we can expect it to be wide-reaching and comprehensive.

How Might This Affect You?

While no decisions have been made yet, the consultation signals that significant changes are likely in the coming years. Individuals may wish to consider how these developments could affect them:

Nuptial agreements may gain stronger legal standing

Couples planning to marry or remarry may choose to discuss, update or create a prenuptial or postnuptial agreement now, particularly where there are:

Children from previous relationships
Business assets belonging to one party
Inherited assets belonging to one party
Imbalances in earnings or contributions

Financial division may become more predictable

Codification or a framework-based model for financial division could give separating couples clearer expectations, reducing litigation and stress. Greater certainty would build on the progress already achieved through no-fault divorce, potentially easing pressure on the family courts and enabling couples to resolve matters earlier and more constructively. Depending on their situation and preferences, couples may choose to accelerate or delay proceedings to take advantage of the current system or wait for reform.

Cohabitants may gain stronger rights and protections

Although reform is anticipated, change will not be immediate. Cohabiting couples should urgently review their legal position and consider:

Making or updating wills
Recording ownership in property deeds
Entering into a cohabitation agreement
Preparing lasting powers of attorney

These steps will provide meaningful protection under current law.

How We Can Help

Legal reform of this scale can cause confusion and uncertainty. Our family law team is experienced in navigating both current law and the changing landscape. We can provide:

Clear, pragmatic advice tailored to your circumstances
Pre-nuptial or post-nuptial agreements
Guidance on separation, divorce and financial claims
Cohabitation agreements
Property and inheritance planning for cohabiting couples

As the consultation progresses, we will continue to monitor developments and update clients on how any proposed reforms may affect them.

If you would like to understand how the upcoming changes may impact you, or to review your current position, please contact our family team for expert, confidential advice.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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What Is the Mansion Tax Announced in the Budget? Find Out Here

For years, the idea of a “mansion tax” has floated around UK politics – a shorthand for an extra charge on owners of high-value homes. With pressure on the Chancellor Rachel Reeves to raise taxes, the idea of a pure wealth tax has proven increasingly popular in recent months.

While the government have ignored calls for a pure wealth tax, the mansion tax introduced in the 2025 Autumn Budget sees the introduction of a new levy on expensive residential properties. Some have argued that this has a similar effect.

The Government avoids the phrase mansion tax, preferring the official name High Value Council Tax Surcharge (HVCTS). But what actually is the mansion tax? Well, at its core level, it’s an annual additional charge on properties worth over £2 million.

Below, we break down what the mansion tax means, how it will work, and what homeowners should expect.

A Simple Explanation: What Is the Mansion Tax?

At its core, the mansion tax is an extra annual charge applied on top of the usual council tax for very high-value homes.

Instead of changing the existing council tax bands – which are based on 1991 values and have long been criticised as outdated – the Government has opted for a new surcharge that only affects the most expensive residential properties.

So, if you own a home worth more than £2 million (based on new valuations to be carried out in 2026), you will pay your normal council tax plus this additional amount each year.

Who will pay the mansion tax?

The surcharge applies to all residential properties in England valued at more than £2 million. This threshold is assessed through a large-scale valuation exercise by the Valuation Office Agency in 2026.
Only a very small proportion of homes fall into this category – roughly 0.5% to 1% of properties, most of them in London and the South East.

These amounts will rise each year from 2029/30 in line with inflation.

When does the mansion tax come in to force?

The new charge will begin in April 2028, giving time for the national valuation exercise and for the appeals system to be set up.

Why is the Government introducing the mansion tax?

The Budget frames the surcharge as a matter of fairness. According to ministers, many ordinary households pay a higher proportion of council tax relative to property value than owners of multi-million-pound homes. The mansion tax is intended to reduce this imbalance without overhauling the entire council tax system.

The measure is also expected to raise over £400 million per year, contributing to wider Budget plans to strengthen public finances.

What if I’m buying or already own a property worth £2m or more?

With the surcharge set to come into force in April 2028, it is likely that you will be affected by the mansion tax.

As a result, you will have to pay an annual tax with the minimum amount being £2,500, and the highest you will be asked to pay being £7,500.

How much will the mansion tax cost me?

The surcharge is tiered according to property value:

£2.0m–£2.5m: £2,500 per year
£2.5m–£3.5m: £3,500 per year
£3.5m–£5m: £5,000 per year
£5m+ : £7,500 per year

Will This Affect the Property Market?

The introduction of a mansion tax could have several practical impacts:

Valuation disputes: Expect a high volume of appeals once the 2026 valuations are released, especially for properties near the £2m threshold.
Market behaviour: Homes just above the £2m level may see pressure on pricing as buyers seek to avoid crossing the boundary.
Cash-poor owners: Long-term residents of high-value homes – such as older owners – may find the new annual cost challenging.

For most buyers and homeowners, however, the surcharge will have no effect whatsoever.

Conclusion

The 2025 Budget marks the first time a UK government has introduced a genuine, nationwide “mansion tax”. While officially labelled the High Value Council Tax Surcharge, its purpose is clear: to make owners of the most expensive homes contribute more each year, while leaving the wider council tax system untouched.

For owners of high-value properties – or buyers considering a purchase in the £2m+ market – understanding this new charge will be an important part of future tax planning. Contact Lisa’s Law’s expert conveyancing team for more information.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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James Cook

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Massa v Formula One Management Limited and Others – An Important Update on Section 32 of the Limitation Act

Formula One is enjoying unprecedented global popularity, with record audiences and growing commercial influence worldwide. Yet in 2025, F1 made headlines in the English High Court for a very different reason – a legal battle about time limits for bringing claims. The case of Massa v Formula One Management Limited and Others has drawn attention not only because it involves a former F1 driver, but because it highlights an important provision of English law that can allow claims to be brought many years after the original events. This provision is Section 32 of the Limitation Act 1980.

This update explains, in practical terms, how Section 32 works and why it is important for clients involved in disputes where key facts may have been concealed.

What Was the Background of the Massa Case and How Did Section 32 Arise?

Mr Felipe Massa was an F1 driver who narrowly lost the World Championship to Lewis Hamilton in 2008. Many years later, allegations resurfaced that a race during that season had been deliberately manipulated for competitive advantage. Mr Massa alleged that senior figures within Formula One and the sport’s governing bodies were aware of this manipulation at the time but deliberately concealed it to avoid reputational damage.

Crucially, Mr Massa argued that he only became aware of the full extent of this alleged concealment in 2023, following public statements made by a senior former F1 figure Mr Bernie Ecclestone. On that basis, he relied on Section 32 to argue that the usual time limit should only start running from 2023, not from 2008.

The defendants applied to strike out the claim on the basis that it was clearly too late. The High Court refused those applications. The Court held that the issue of deliberate concealment under Section 32 was fact-sensitive and could not be determined summarily. The Court was satisfied that there was a real prospect that Mr Massa could establish deliberate concealment at trial, based on the pleaded evidence, including the timing of knowledge within the sport’s authorities and subsequent public disclosures.

What Are Limitation Periods?

Firstly, let’s start with what limitation periods actually are. In England and Wales, most legal claims must be started within a specific time limit, known as a limitation period. For example:

Most contract and negligence claims must be brought within six years.
Personal injury claims usually must be brought within three years.

If a claim is started after the relevant time limit has expired, it will normally be time-barred, regardless of its merits.

In the Massa case, the events complained of occurred in 2008, but the claim was not issued until 2025 – well outside the usual six-year time limit. The claim could only proceed if an exception applied.

What Is Section 32 of the Limitation Act?

Section 32 provides an important protection for claimants where wrongdoing has been deliberately hidden. In simple terms, it says that the time limit for bringing a claim does not start running until the claimant has discovered, or could reasonably have discovered:

That a relevant fact was deliberately concealed;
That the claim is based on fraud; or
That there was a deliberate breach of duty which was unlikely to be discovered at the time.

Where Section 32 applies, the legal “clock” is effectively paused until the truth comes to light.

How Does Section 32 Work in Practice?

From a practical perspective, Section 32 operates in four key steps:

A relevant fact must exist
This is a fact that the claimant needs in order to bring a proper legal claim.
That fact must have been deliberately concealed
This means more than simple silence or oversight — there must be intentional hiding of the truth.
The court must determine when the claimant discovered the truth
Or when they could reasonably have discovered it by making sensible enquiries.
Only then does the normal time limit begin to run
The usual six-year or three-year period starts from that later discovery date, not from the original wrongdoing.

Importantly, having suspicions is not enough. A claimant must have sufficient information to understand that a legal claim truly exists.

Why Is This Important for You?

Section 32 is particularly relevant in cases involving:

Fraud and financial misconduct;
Concealed regulatory breaches;
Professional negligence that only later becomes apparent;
Corporate or institutional wrongdoing.

The Massa case shows that even where many years have passed, a claim may still be legally viable if key facts were deliberately hidden and only uncovered later. It also demonstrates that courts are generally cautious about dismissing such claims at an early stage, especially where concealment is alleged.

For defendants, it is a reminder that the passage of time does not always provide a guaranteed defence if concealment is involved. For claimants, it offers reassurance that time limits may not defeat a claim where the truth has only recently emerged.

Conclusion

Section 32 of the Limitation Act 1980 plays an important role in ensuring fairness where wrongdoing has been deliberately concealed. The Massa case illustrates how this provision can revive claims that would otherwise appear to be long out of time. While each case will always turn on its own facts, the key message is clear: where concealment is involved, limitation is not always the final word.

If you believe that important facts relevant to a potential claim may have been concealed from you, early legal advice is essential. Timely action following discovery is critical, even where Section 32 may apply.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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James Cook

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Lisa’s Law Achieves Wills and Inheritance Quality Scheme Accreditation from The Law Society

Lisa’s Law is proud to announce that we have been awarded the Wills and Inheritance Quality Scheme (WIQS) accreditation by the Law Society.

This accreditation is a recognised mark of excellence, demonstrating that our Family Law team meets the highest standards of practice, client care and expertise in wills, inheritance and estate planning work.

WIQS not only reflects the quality of the service we provide, but will also serve as a strong foundation for maintaining and further improving our standards in the years ahead. It will help strengthen client confidence in our expertise and help support the continued growth of our client base.

Xinlei Zhang, who leads our Family Law practise:

Achieving WIQS accreditation is a significant milestone for our firm, highlighting our dedication to the highest standards in wills and inheritance planning. This recognition reassures clients that their matters are managed with exceptional expertise and celebrates the outstanding commitment and hard work of our team.

Managing Director, Chuanli Ding:

I am pleased that Lisa’s Law has achieved WIQS accreditation. This distinction is a testament to our expertise in this niche area of practice and our continuous commitment to delivering high quality service to clients. I am confident that this new status will empower us to serve more clients and take up our practice to new heights.

What can clients who use our Wills and Inheritance services expect?

Achieving WIQS means that clients can continue to expect:

A clear and transparent process from the outset
Tailored advice that reflects their personal circumstances
Robust quality assurance and risk-management procedures
A consistent, professional service delivered by trained specialists

This accreditation reflects our ongoing commitment to providing trusted, high-quality advice to individuals and families planning for the future.

If you need support with drafting a will, updating your estate plans, or navigating inheritance issues, our accredited team is here to help.

You can find out more about our Wills and Inheritance services in our brochure here.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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James Cook

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Welcome Aurora

It gives us great pleasure to welcome Aurora Chan to Lisa’s Law.

Aurora joins our Family Law team as a legal assistant at an exciting time, with the team recently receiving a Wills and Inheritance Quality Scheme Accreditation from the Law Society.

Aurora recently completed a Master’s in Criminology and Criminal Justice from the University of Oxford. Prior to that, she achieved a first-class degree in Law and Sociology from the University of Warwick. She also holds a LLM in Legal Practice from the University of Law and passed the SQE in 2024.

Aurora is fluent in English, Cantonese and Mandarin.

In her spare time, Aurora enjoys reading, playing music, and going to the theatre.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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James Cook

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EU Settlement Scheme – How to Succeed with a Late Application

We were recently instructed by a Peru national (“the Applicant”) to assist with making an application for Settled Status under the EU Settlement Scheme. Our client came to us after facing issues in their employment with providing sufficient evidence of their immigration status in the UK.

The Applicant entered the UK in 2001 and was granted a Permanent Residence Card of a family member of an EEA national in 2015.

The case was complex. The deadline for most people to apply for the EU Settlement Scheme was 30th June 2021. The Home Office guidance states that Applicants can still apply for the EU Settlement Scheme if either:

the deadline for you to apply is after 30th June 2021
you have ‘reasonable grounds’ for why you are applying now, and not by the deadline or in the time since the deadline passed

Our task was to thoroughly analyse the Applicant’s immigration history and to take detailed instructions from the Applicant to establish if they are ‘reasonable grounds’ for why the Applicant is applying now, and not by the deadline or in the time since the deadline passed.

Our involvement (what we did)

1. Obtaining detailed instructions from the Applicant’s and analysing the Home Office guidance of EU Settlement Scheme for the Home Office definition of ‘reasonable grounds’

We took detailed instructions of the Applicant’s immigration history and why no application for EU Settlement Scheme was made before 30th June 2021. We needed to establish if the Applicant’s reasons for making the said application in time comes within the Home Office definition of ‘reasonable grounds’ under the Home Office guidance of EU Settlement Scheme.

1. Legal representations and explanation of circumstances

We prepared a witness statement for the Applicant which provided ‘reasonable grounds’ for why they are applying now, and not by the deadline. The witness statement also provided the reason why the Applicant wishes to remain in the UK.

1. Strategy

A key element of our approach was to show that the Applicant had ‘reasonable grounds’ for why they are applying now, and not by the deadline. Our approach was also to show that the UK was their permanent home and has remained in the UK for a long time.

Outcome

Decision issued on 17 October 2025
No further enquiries or document request

The application was approved without additional questions – confirming that our approach, combining legal precision, transparent disclosure, and strategic reframing effectively addressed any of the Home Office concerns.

Key takeaways for similar cases

EEA nationals and family members of the EEA nationals who were living in the UK by 31 December 2020 can still apply for EU Settlement Scheme after 30 June 2021 if they can show that they have ‘reasonable grounds’ for why they are applying now, and not by the deadline or in the time since the deadline passed.
Submitting a witness statement will be helpful in explaining why you are applying now, and not by the deadline. Also explaining your intention to settle in UK will also be helpful for a late application for the EU Settlement Scheme to be considered and granted.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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

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James Cook

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Fraudulent Online Listings by Tenants: Legal Remedies for Landlords

Unauthorised online listings on platforms such as Airbnb, Booking.com or similar sites have created a new category of disputes for landlords. These listings often come as a surprise, appearing without consent and exposing the property to commercial use entirely outside the landlord’s control.

What appears online as a landlord “renting out a spare room” can in fact be a tenant illegally sub-letting the property. In some cases, landlords discover that their own letting agent, rather than the tenant, has been using the property to run an unlawful short-term rental business after the tenant quietly moved out. Whatever the source, landlords need to employ strong legal tools to bring the situation to an end.

Identifying Whether the Tenant or Agent Is Responsible

The first step is determining who created the unauthorised listing. Sometimes the tenant remains in occupation and is intentionally running short-term lets. In other situations, the tenant has left without formally surrendering the tenancy and the letting agent, holding keys and access, begins using the flat for profit. This distinction matters. A tenant acting in breach will be dealt with under tenancy law. An agent acting without authority may be liable for breach of contract, breach of fiduciary duty and, depending on the facts, potential criminal conduct. In either scenario, landlords are entitled to immediate clarification and action.

Asserting Breach of Tenancy and Taking Formal Steps

Where the tenant is responsible, most tenancy agreements prohibit subletting, commercial use and parting with possession. A formal notice of breach should be issued promptly, supported by screenshots or other evidence of the online listing. If the tenant refuses to cooperate or the misuse continues, the landlord is entitled to pursue termination of the tenancy or possession proceedings based on breach of covenant. Unauthorised online letting frequently coincides with other breaches, such as arrears or neglect of the property, and landlords are entitled to rely on all relevant grounds when taking action.

Misconduct by Letting Agents After the Tenant Leaves

Where an agent has been operating an unauthorised short-term rental business, the legal position is different but no less serious. Agents may be acting far outside their authority and in direct breach of their obligations to the landlord. In these cases, key retrieval, immediate suspension or termination of the agency agreement, and potential claims for loss and misuse of the property may be appropriate. The landlord may also consider reporting the agent to Trading Standards or their regulatory body. If paying guests have been deceived, the conduct may be criminal and should be reported to the police.

Reporting to Platforms and to the Police

Online platforms usually provide mechanisms to report fraudulent or unauthorised listings. Once the landlord provides evidence that the advertiser is neither the owner nor an authorised occupier, the listing is often removed quickly. This step is important not only to stop further bookings but also to prevent additional guests from arriving at the property believing they have a legitimate right to stay.

Police involvement may be necessary in more serious situations, particularly where money has been taken dishonestly from visitors or where the tenant or agent has misrepresented ownership or authority. Police reports can also assist with insurance and help clarify the landlord’s innocence in any disputes involving guests.

Regaining Control of the Property Under an AST

Where the tenancy is an AST, the landlord must comply strictly with statutory protections and cannot remove the tenant or any guest informally, even if the activity is clearly unlawful. The correct notice and possession routes must be followed, and the process can be complex where unauthorised occupants are present. The appropriate method depends on the facts, the type of misuse and the tenancy terms. Ask your lawyer for details.

Final Thoughts

Fraudulent online listings undermine a landlord’s control of the property, but the legal remedies are clear and effective. Whether the misconduct is by a tenant or by an agent acting without authority, landlords have firm grounds to enforce breaches, terminate agreements, report wrongdoing to the relevant platforms and authorities, and recover possession in a lawful and structured way. At Lisa’s Law, our team has extensive experience dealing with these situations. We can assess the facts quickly, take decisive action on your behalf, and guide you through every step needed to regain control of your property and prevent further misuse.

Find out more about our litigation services here.

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James Cook

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