Section 202 Housing Act Review: Ensuring Fairness and Protecting Children’s Welfare

Section 202 of the Housing Act 1996 provides applicants with the right to request a review of certain decisions made by housing authorities regarding homelessness assistance. This statutory provision ensures that individuals can challenge decisions they believe are incorrect or unfair, thereby promoting fairness and accountability within the housing system.

How can applicants request a review of decisions?

Under Section 202, applicants can request a review of decisions related to:

Their eligibility for assistance.
The duty owed to them by the housing authority.
The steps the authority will take to prevent or relieve homelessness.
The suitability of accommodation offered.

The review must be conducted by someone not involved in the original decision and senior to the original decision-maker. Applicants typically have 21 days from the notification of the decision to request a review.

When reviewing decisions under Section 202, it is crucial for housing authorities to consider the relationship between a child and their parents. This consideration ensures that the child’s welfare is prioritized and that decisions align with legal obligations under both housing and child welfare laws.

The Children Act 1989 mandates that the child’s welfare is paramount in any decisions affecting them. Housing authorities must consider this principle when making decisions that impact children. Additionally, the Homelessness (Suitability of Accommodation) (England) Order 2012 requires authorities to assess the suitability of accommodation concerning the needs of the household, including any children.

Case Law Example: Nzolameso v City of Westminster

The importance of considering the parent-child relationship is highlighted in the case of Nzolameso v City of Westminster [2015] UKSC 22. In this case, Ms. Nzolameso, a single mother of five, was offered accommodation far from her children’s schools and established support network. She declined the offer, leading the council to conclude that their housing duty had ended.

The Supreme Court quashed this decision, emphasizing that housing authorities must consider the best interests of the children and the family’s connections to the area when determining the suitability of accommodation. It was held that a council’s decision to house an applicant and her family outside its district was unlawful.

Implications for Housing Authorities

When conducting Section 202 reviews, housing authorities should:

Assess the Impact on Children: Evaluate how decisions affect children’s education, health, and well-being. For instance, relocating a family might disrupt a child’s schooling or access to medical care.
Maintain Stability: Strive to provide accommodation that allows children to remain in their current schools and maintain existing support networks.
Engage with Families: Consult with parents and, where appropriate, children to understand their needs and preferences.
Document Considerations: Clearly record how the children’s needs and the parent-child relationship were considered in the decision-making process.

Conclusion

Incorporating a thorough assessment of the parent-child relationship in Section 202 reviews is essential for safeguarding children’s welfare and ensuring compliance with legal obligations. Often in a single parent situation, it is easy to overlook the relationship between the child with his father.

The presence of a father figure is an important element in maintaining the wellbeing of the child especially when the father wants to have regular contact with the child. By doing thorough assessment of the parent-child relationship housing authorities can make more informed, fair, and compassionate decisions that uphold the rights and wellbeing of families.

Hence, one of the takeaways here is that whenever a Local Council Housing Authority fails to consider the child’s welfare when children are involved in the application and makes an adverse decision, the applicant may seek to overturn the decision under The Children Act 1989 and under the legal principles of Nzolameso v City of Westminster

Have questions? Get in touch today!

Call us on 020 7928 0276, 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

Can children be returned to another state before their asylum claim has been determined?

On 28 February 2025, Mr Justice Garrido ruled that children can be returned to another State before their asylum claims are determined, provided the principle of non-refoulement is upheld. The decision in Kent County Council v (1) Ek (2) Sk (3) Mik & (4) Mak (By Their Children’s Guardian) the Secretary of State for the Home Department, marks a departure from the precedent for children’s asylum claims in G v G [2021] UKSC 9, which previously prevented return orders from being enforced while a child’s asylum claim was pending.

Background of the case

Two children, aged six and nine, arrived in the UK unaccompanied after dangerously crossing from France. During the journey, they were separated from their parents.

Kent County Council placed them in foster care, while their parents, still in France, were refused entry clearance. The parents sought to challenge the refusals, and the children lodged asylum claims in the UK.

In the interim, Kent County Council initiated proceedings under the inherent jurisdiction of the High Court, seeking an order for the children to be returned to France where their parents resided. The Secretary of State supported this application. Both parties argued that the current legal framework permitted the return of the children before the final determination of their asylum claims, so long as the principle of non-refoulement was not breached. They contended that G v G was no longer applicable due to subsequent changes in legislation and immigration policy.

The parents, on the other hand, opposed the return order. They argued that G v G remained binding and that the court should not implement a return order until the children’s asylum claims had been finally determined, including any appeals.

The Court’s Reasoning

The court found that G v G was based on now-repealed EU law and outdated Immigration Rules. Under current UK law, return to a safe third country (such as France) can occur before an asylum decision, provided there is no risk of persecution or breach of non-refoulement.

Justice Garrido held that France was a safe third country and ordered the children’s return despite their pending claims.

Implications

This decision signals a shift in the UK’s approach to asylum claims by children. It confirms that pending claims no longer prevent enforcement of return orders, reducing protections previously in place. The decision highlights the importance for practitioners to assess the implications of these legal changes on safeguarding children’s rights and best interests.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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

What do you need to consider before buying a commercial leasehold property in the UK?

If you are looking to buy a commercial leasehold property as an existing business in the UK, keep reading. While buying commercial leasehold properties as an existing business can be a promising but more affordable investment starting point, like any investment, it also comes with issues that buyers should consider thoroughly before making a decision.

Residue Lease Term

One of the main considerations when buying a commercial leasehold is the length of the residue lease term. If the remaining lease term is short, it can significantly affect your business prospects, as well as the value and potential for leasing out the property. You may find it difficult to further expand your acquired business if you have a short term left.

In most cases, assignment of the existing commercial lease is excluded from the protection of sections 24 to 28 of the Landlord and Tenant Act 1954, which means that you have no security of tenure upon expiry of the original lease term. This lack of security can be problematic, especially for long-term investments or businesses that rely on stability. You might be required to vacate the property or pay significantly higher rent, which could make it difficult to plan for the future.

Limited Control Over the Property and Constraints

As a leaseholder, you are bound by the terms of the existing lease agreement, which may include restrictions on how you can use or modify the property. Many leases contain clauses stipulating the permitted user and preventing structural changes, subletting or assigning the lease without the landlord’s consent. If you intend to change user, make improvements or changes to the property, or assign your lease to somebody else, you may have to obtain approval from the landlord and bear the costs of approval, which can be a lengthy and costly process.

Dilapidations and Repair Obligations

Commercial leases often require the leaseholder to maintain and repair the property, even if they don’t own it. The unexpected cost may pose a financial burden on you. In addition, upon the expiry of the lease, you may be required to return the property to the landlord in a certain condition, which can lead to substantial costs. These dilapidations could include repairs and maintenance of HVAC (heating, ventilation and air conditioning) systems, the replacement of floorings and/or removal of signs, fixtures or fittings.

For your own benefit, you should carefully check the lease terms and ask the landlord if there is any schedule of conditions at the commencement of the lease to avoid any future argument.

Rent Reviews

Most commercial leases include rent review clauses that allow the landlord to increase the rent periodically, often based on market rates or inflation. It can be a financial burden for the commercial leaseholder, especially if rent rises becomes too high relative to market conditions. In such situations, you may struggle to afford the increased costs, and the business could become unprofitable. Such an increase could put financial pressure on the business and affect its ability to find incoming tenant.

Conclusion

While commercial leasehold properties can offer affordable investment opportunities, buyers should always conduct thorough due diligence and carefully review lease terms. They should also be prepared to cope with potential costs related to rent increases, repair and maintenance.

Consulting with legal property experts can help mitigate certain risks and ensure that your investment is sound and sustainable over the long term. Lisa’s Law continues to deliver good outcomes to our clients, please do not hesitate to contact us should you require our assistance.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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

Home Office Publishes Videos to Help Migrants in Transitioning to the eVisa System

Since March 2024, the Home Office has been gradually contacting migrants in the UK, inviting them to create a UKVI account and obtain an eVisa. This is part of the UK’s plan to fully switch to the eVisa system in 2025. So far, over four million visa holders have successfully set up their accounts and accessed their eVisas. However, around 600,000 migrants have yet to complete this process, which could cause issues when proving their immigration status or using certain services. To further promote the adoption of eVisas and assist migrants in smoothly adjusting to the new system, the Home Office has recently published a series of eVisa video guides.

Overview of the Video Guides

The newly released video guides cover three main sections. These three main areas target different groups to ensure that all relevant individuals can successfully complete their eVisa applications and confirm their immigration status.

The first section is an eVisa user guide for all migrants, providing a comprehensive introduction to eVisas. It explains key steps such as creating a UKVI account, checking and updating personal immigration information, verifying immigration status, and using the eVisa for travel. This guide aims to help migrants better manage their immigration status and ensure their legal residence rights in the UK.

The second section is designed for third-party identity verifiers, including employers, landlords, and government institutions, helping them quickly confirm migrants’ immigration status. These videos demonstrate how to use the UKVI system to verify immigration status, Right to Work, and Right to Rent, ensuring that identity checks are conducted within legal frameworks and reducing complications caused by verification issues.

The third section focuses on applicants under the EU Settlement Scheme (EUSS), particularly those transitioning from pre-settled to settled status. This guide provides step-by-step instructions to help EU residents complete their status updates smoothly, preventing potential disruptions to their right to remain in the UK.

For full details, the video guides can be accessed on the UK Home Office website under UKVI support videos – GOV.UK.

The Impact of the eVisa Transition

With these easy-to-follow video demonstrations, migrants in the UK can more efficiently learn how to check and confirm their immigration status. While the transition to eVisas still presents certain challenges—such as incomplete registrations and occasional system issues—the move to a digital system is happening and will replace physical documents like BRP cards.

The UK Home Office is taking measures to encourage migrants to complete their eVisa applications as soon as possible while offering various support resources to facilitate the process. Those who have yet registered for their eVisa are advised to take action promptly, using the official guidance to verify and update their personal information to ensure their rights remain protected.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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

Frozen Bank Account? Here’s What You Need To Do Next

Discovering that your bank account has been frozen can be a shocking and stressful experience. Whether you are an individual or a business owner, a frozen bank account can leave you unable to access funds, pay bills, or conduct normal financial activities.

In many cases, accounts are frozen because of a police investigation, often under the Proceeds of Crime Act 2002 (POCA). When this happens, understanding your legal rights and obligations is critical.

Why Has Your Account Been Frozen?

A bank will typically freeze an account after they detect suspicious activities with the account, for example large and unexplained inflow or outflow. An account may also be frozen when they receive a request from the police or other enforcement agency. This usually happens when there is a suspicion that the account has been used for criminal purposes, such as fraud, money laundering, or handling proceeds of crime.

Under POCA, the police can apply for an Account Freezing Order (AFO) if they have reasonable grounds to suspect that money in the account is linked to criminal activity. This is a civil matter application, meaning that it is not a criminal prosecution, but the consequences can still be severe. If the police successfully extend the freezing order, they may later apply for a Forfeiture Order, which allows them to seize the money in the account.

The Importance of Providing the Right Evidence

When an account is frozen, the account holder is often asked to provide evidence explaining the source of funds and the legitimacy of transactions. This is a critical stage, as the information provided can determine whether the account is released or whether further legal action is taken.

If you are asked to provide evidence, it is essential to be thorough and organised. You should assist the investigating agency to understand your specific circumstances. Bank statements, invoices, contracts, business records, and correspondence with clients or suppliers can all help prove that the funds in the account are legitimate. However, it is just as important to be strategic about the evidence you provide. Giving incomplete, inconsistent, or mistaken information can harm your case.

Although this is a civil application and not a criminal investigation, many people make the mistake of rushing to explain themselves without fully understanding the nature of the investigation. Anything you provide to the police at this stage can later be used in court if forfeiture proceedings are initiated. Even if you believe you are innocent, poorly presented evidence or contradictory statements can create suspicion and strengthen the case against you.

While it is important to cooperate with the authorities, doing so without legal advice can be risky. The police are not obligated to release your funds simply because you provide some evidence. If they believe there are still unanswered questions, they can apply to extend the freezing order, meaning you could be left without access to your money for months.

At the same time, outright refusal to engage with the police may be seen as suspicious and could be used as a reason to extend the order.

Seeking Legal Advice Early Can Make a Difference

Many people only seek legal help after their situation has worsened—when the freezing order has already been extended or when forfeiture proceedings are underway. By this stage, the police may have gathered significant evidence against them, making it much harder to challenge the case.

Obtaining legal advice at the first sign of trouble can help prevent mistakes and improve the chances of getting the account unfrozen quickly. A solicitor can:

Assess the situation and advise on the best response: Understanding the exact nature of the allegations is crucial before submitting any evidence.

Help prepare and present evidence effectively: A lawyer can ensure that financial records and explanations are structured in a way that strengthens your case.

Engage with the police on your behalf: Having a legal professional manage communications can prevent misunderstandings and reduce the risk of self-incrimination.

Challenge an extended freezing order: If the police try to extend the order, legal representation can help argue against it in court.

Final Thoughts

Having your bank account frozen is more than just an inconvenience. The way you respond in the early stages can determine whether the issue is resolved quickly or escalates into a full forfeiture case.

Providing the right evidence is essential, but doing so without legal guidance can be dangerous. A solicitor can help you navigate the situation, ensuring you cooperate with the police without compromising your rights. Seeking legal advice early is the best way to protect yourself and prevent a temporary issue from becoming a long-term financial disaster.

If your account has been frozen or you are under investigation, don’t wait for the situation to escalate. Contact our legal team for expert guidance on how to protect your assets and challenge the freezing order effectively.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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.

Sumit Singh

See Full Bio

How Does a Property Chain Transaction Work When Buying and Selling a Property?

If you’re buying and selling a property at the same time, you will likely be part of a property chain — a sequence of dependent transactions where each sale funds the next purchase. Managing a chain can be complex, and understanding how the process works, including the release mechanism, can help ensure a smoother transaction.

What Is a Property Chain?

A property chain occurs when multiple home sales and purchases are linked together. This means:

You need to sell your current home to buy your new one.
Your buyer may also be selling their property to fund their purchase.
Your seller may also be buying another property, creating a chain of transactions.

Each transaction in the chain is dependent on the others, meaning delays in one part can affect everyone involved.

How Does the Process Work?

1. Instructing a Solicitor

Since you are both selling and buying, your solicitor (hopefully us!) will handle both transactions simultaneously, ensuring that legal documents and contracts are aligned to avoid gaps in the process.

2. Agreeing on Sale and Purchase Terms

Once you have accepted an offer on your property and had your offer accepted on a new home, the legal process begins. Your solicitor will:

Review contracts for both transactions.
Carry out property searches and due diligence.
Liaise with the other solicitors in the chain to ensure everything progresses smoothly.

3. The Release Mechanism in Chain Transactions

A crucial part of managing a chain transaction is ‘the release mechanism’, which helps coordinate the exchange of contracts across multiple transactions.

If you are in the middle of a chain, your solicitor will first seek confirmation from your buyer’s solicitor that they are ready to proceed.
Once assured, your solicitor will request a ‘release’ from the solicitor acting for the person selling to you.
This means you exchange contracts on your sale first, then your solicitor immediately returns to exchange on your purchase.
This process prevents situations where you exchange on your purchase but your sale has not been finalised—reducing the risk of financial exposure.

This mechanism ensures that all transactions exchange contracts in a coordinated manner, reducing uncertainty and keeping the chain moving.

4. Exchange of Contracts

Contracts are usually exchanged simultaneously for both your sale and purchase. At this point, the transaction becomes legally binding, meaning neither party can withdraw without penalties.

5. Completion Day

On the day of completion:

The sale proceeds from your buyer are received.
These funds are used to complete your purchase.
Once all payments have been made, you hand over the keys to your buyer and collect the keys to your new home.

Potential Challenges and How to Manage Them

Delays in the Chain – One party experiencing mortgage issues, legal delays, or survey concerns can slow down the entire process. Proactive communication between solicitors helps manage expectations.
Breakdowns in the Chain – If a buyer or seller pulls out, the whole chain can collapse. Some buyers/sellers choose to move into temporary accommodation if they need to proceed with their sale but their purchase is delayed.
Same-Day Exchange and Completion – To avoid risks, some chains opt to exchange and complete on the same day, but this requires all parties to be prepared, which can be stressful.

How We Can Help

At Lisa’s Law we specialise in managing complex chain transactions efficiently. Our experienced conveyancing team will:

Coordinate the release mechanism to ensure smooth contract exchanges.
Liaise with all parties in the chain to prevent unnecessary delays.
Keep you informed throughout the process to reduce stress.

If you are buying and selling a property simultaneously, contact us today to ensure a smooth and seamless move.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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.

Sumit Singh

See Full Bio

Use of BRC and BRP extended until June

The UK government estimates there are approximately 600,000 people who have not switched from their physical document to an eVisa. To support a continued smooth transition to eVisas, and ensure no one is disadvantaged, the Home Office is extending the ‘grace period’ announced in December 2024. The use of the BRC and BRP has been extended from 31 March 2025 to 1 June 2025.

This allows people with a biometric residence permit (BRP) or EUSS biometric residence card (BRC) that expired on or after 31 December 2024, and who continue to hold underlying immigration status, to continue to use their expired document for international travel up to and including 1 June 2025.

From the 2 June 2025, expired BRPs and EUSS BRCs will no longer be acceptable evidence of immigration status when travelling to the UK.

Those who have not created an account to access their eVisa are encouraged to do so as soon as possible.

The Home Office previously extended the grace period for use of BRPs and BRCs back in December, enabling them to be used until the end of March. You can see this here.

We have also previously covered how to register for an eVisa, which you can find out more about here.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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.

Sumit Singh

See Full Bio

Government Announces Plans for the End of Leasehold – Find Out What Will Replace It

In line with their manifesto commitments, the government has announced plans to abolish the ‘feudal’ leasehold system and replace it with a commonhold model by the end of the current Parliament.

Successive governments have promised to take decisive action on leasehold to no avail, but the latest plans by the announced by Housing Minister, Matthew Pennycook, seemingly represent a bolder and more credible vision for life after leasehold.

This announcement marks what the government describes as the “beginning of the end” of leasehold and will be followed by a draft bill in the second half of 2025. However, leasehold will continue to be reformed for the time-being. The Leasehold and Freehold Reform Act 2024 became law last year and is currently in the process of being implemented. We covered the Act at the time here, and recently reported on the implementation of the removal of the two-year qualifying period for leasehold extension here.

Before the election, the Labour party had pledged to abolish leasehold within the first 100 days of government. However, this was dropped by the party, who blamed the watering down of leasehold reform by the then Conservative government. So, will this latest announcement finally bring an end to leasehold?

Keep reading to learn more about the government’s plans for replacing the much-criticised leasehold system with a commonhold model, and what it could mean for you.

Quick explainer – what is leasehold?

Regular readers of Lisa’s Law will be well-versed on leasehold by now, a system of property ownership in which the leaseholder, sometimes known as the tenant, owns the property for x number of years before it returns to the landlord, the freeholder. The freeholder, however, has ultimate ownership of the property and the land it sits on in perpetuity. A lease with less than 80 years on it can be incredibly expensive to renew due to something called marriage value, however renewal is vital as leases with less than 80 years lose considerable value.

Leaseholders are subject to service charges to maintain the building and land the property sits on, as well as ground rent for the pure privilege of “renting” on the land owned by the freeholder. Both service charges and ground rent can increase over time, causing extra financial strain for leaseholders.

Another area of complaint for leasehold properties is the negative role management companies play in the process of property transactions. Both buyers and sellers can be charged with various fees when they request management companies to disclose information which is vital to the transactions. Such disclosure usually comes out very slowly, which increases the cost of transaction and delay the process.

This is a basic explanation of leasehold, but to learn more about the differences between leasehold and freehold, as well as the advantages and disadvantages, click here.

What has the government set out in the Commonhold White Paper?

Some of the headline announcements in the White Paper include the following:

Banning new leasehold flats, ensuring that commonhold becomes the default tenure

New rules that will enable commonhold to work for all types of developments, including mixed-use buildings and allowing shared ownership homes within a commonhold.
Greater flexibility over development rights, helping developers build with confidence and maintaining safeguards for the consumer.
Giving mortgage lenders greater assurance with new measures to protect their stake in buildings and protect the solvency of commonholds – such as mandatory public liability insurance and reserve funds and greater oversight by commonhold unit owners to keep costs affordable.
Strengthening the management of commonholds, with new rules around appointing directors, clear standards for repairs, and mandating use of reserve funds; and
Providing an enhanced offer for homeowners – including requiring greater opportunities for democracy in agreeing the annual budget, clarifying how owners may change “local rules” over how a building is run and new protections for when things go wrong.

Clearly, the commonhold system needs to work for a range of parties, identified by the government as a trifecta of consumers, developers, and lenders.

You can read the entirety of the White Paper here.

What exactly is commonhold?

Commonhold differs from leasehold in a number of ways, allowing leaseholders real home ownership without threat of forfeiture or the need to extend a lease. It therefore gives much greater security to those who buy a flat. As pointed out in the Commonhold White Paper, commonhold type systems are used throughout the world, with England and Wales among the last countries in the world where it is in widespread use.

What are the key features of commonhold?

Commonhold represents freehold ownership, meaning that the property won’t revert back to a landlord who owns the building
No ground rent, unlike leasehold properties
No possibility of forfeiture, which can result in leaseholders being threatened with the loss of both their home and their equity
The ability to manage the annual budget for the building (although a managing agent can be appointed)
Homeowners have the ability to fire and hire a managing agent, unlike with leaseholds where the managing agent is appointed by the freeholder
Unlike leasehold, the value of a commonhold property doesn’t depreciate over time due to the absence of a lease

What are some of the areas the government is still working on resolving?

While the White Paper sets out the government’s plans to ban the sale of ‘new leaseholds’, the operative word, ‘new’, highlights the fact that existing leaseholds will not be banned, for now. The White Paper contains a number of areas in which the government are still working to resolve. These include:

An easier way to convert existing leaseholds to commonhold

For the millions of leaseholders in England and Wales, this will be the acid test as to whether the legislation is successful or not. At the moment, converting a leasehold property to commonhold would require full consent from the freeholder, leaseholder, as well as every lender. It can also prove to be impedingly expensive to buy out the lease, particularly if it is short. Two of the issues they identify with preventing an effective conversion process are

1. Non-consenting leaseholders, who do not wish to convert their property to a freehold, and;

2. Commonhold conversion changing people’s property rights, as non-consenting leaseholders and former freeholders would be subject to different rules and requirements that they did not consent to. The change could be seen as an interference under the Protocol 1 of Article 1 of the Human Rights Act 1998.

Two of the possible solutions identified by the Law Commission when it comes to non-consenting leaseholders are:

1. Mandatory leasebacks – with non-consenting leaseholders allow to continue living as leaseholders with the knowledge that their leases will be phased out over time and replaced with a commonhold system

2. Equity loan – non-consenting leaseholders would be required to convert and given an equity loan to pay for the conversion up front

Ban on the sale of new leasehold flats

Fundamental to the government’s plan is a ban on the sale of new leasehold flats to ensure that commonhold becomes the default tenure. The government will therefore not ban new leasehold flats until they are confident about the reformed commonhold model. A full consultation on a ban which be launched later in 2025.

Making commonhold work for blocks of all sizes

Finally, the government are also examining whether commonhold will need to be applied in exactly the same way for buildings of all sizes. For example, the standard model may not be possible for micro-commonholds, as well “very-large buildings, especially those which are taller than 11 metres”.

Our thoughts

Clearly, there is a lot of work for the government to do if they are to replace the centuries-old ‘feudal’ leasehold system with a ‘fairer model’. Leaseholders have been led down the garden path before by successive governments, with the previous Conservative government failing to live up to their manifesto commitments in terms of banning the sale of new leasehold homes. There will therefore be some understandable scepticism, with the pledge to replace leasehold with commonhold by the end of the parliament (2029) too distant for some.

The millions currently living in leasehold properties will also be concerned about the prospect of a two-tier property market being created for existing flats. The government will therefore need to take the time to ensure that they get the conversion process right.

Lisa’s Law handles all aspects of residential property and conveyancing work, including both freehold and leasehold properties. Contact us today if you require our assistance. And subscribe to our newsletter for further updates on all things property.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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.

Sumit Singh

See Full Bio

Do unmarried couples who live together as cohabitees have the same rights as married couples?

It is a commonly held belief that if a couple lives together for a long time as cohabitees, they have the same rights as married couples or civil partners. This is untrue. Unmarried cohabiting couples, regardless of how long they have lived together, have far fewer rights than those who are married. “Common law marriages”, as they are generally called, are not recognised legally in the UK.

Figures released in January 2024 by the Office for National Statistics showed a sharp rise in cohabitation, with the proportion of married people in England and Wales falling below 50% for the first time. Clearly, this demonstrates a shift in the relationship landscape, with couples now more likely to move in together before getting married.

The number of people living together but not in a civil partnership or marriage increased by 1.4m between 2012 and 2022, a sizeable jump. This has sparked calls for greater rights and protections for cohabiting couples, which could include treating cohabitees the same as married couples for tax purposes, as well as giving them the right to inherit under the intestacy rules.

Sadly, not all relationships will last, so it is important for couples to ensure that they are well-aware of their legal rights should they break up.

What will happen to our home if we separate as cohabitees?

This depends on whether you and your partner jointly own the property or whether it is solely owned.

If you are joint tenants, you will normally have equal property rights. And if you are tenants in common, where you each own a share of the property, you will each be entitled to your share.

If the property is solely owned by one party, they will continue to have legal ownership of the property and the other party will not have any rights unless it can be shown that they have an equitable interest in the property. Beneficial interest can be created if the non-owning party:

Contributed to the purchase of the property, or
Made financial contributions to mortgage payments, house renovations etc, where it can be shown that there was a common intention to share ownership of the property.

What will happen to our bank accounts?

This again, depends on whether the account is in joint names. If the account is jointly owned, both parties will have an equal entitlement to it. However, if the account is solely owned, the other party will not have access to it.

What will happen to our children?

The mother will automatically have parental responsibility. The unmarried father will have parental responsibility if he is named on the child’s birth certificate, or if he is in a parental responsibility agreement with the mother.

Unmarried cohabitants can apply to the court to obtain financial support from the other party for the benefit of the child. Under Schedule 1 of the Children Act 1989, the court will be able to make the financial orders such as:

Lump sum payment
Transfer of property
Periodical payments

Claims could be made under the Trusts of Land and Appointment of Trustees Act 1996 as well.

Why should I enter a cohabitation agreement?

Unmarried cohabitants can enter into a cohabitation agreement to protect their rights in a cohabiting relationship. This is an especially good idea if you and your partner decide that you want to co-exist as cohabitees without getting married or entering into a civil partnership. A cohabitation agreement is a legal contract which normally sets out shared responsibilities between the couple and regulates how shared assets and properties between them should be divided if their relationship breaks down.

This gives couples the certainty of knowing what will happen if they separate in the future and can prevent disagreements from arising. It is essential to obtain professional legal advice as such agreements have to be drafted and executed properly so to ensure that it is legally binding.

If you are concerned that either you or your partner may die, it is also worth considering making a will. This will allow your partner to inherit your estate in the event that this happens.

If you are currently in a cohabiting relationship and want to safeguard your rights and interests by having a cohabitation agreement, please contact us. Our team of specialist family law solicitors have many years of experience and would be able to give you the advice you need.

Will cohabitation rights be further strengthened?

Included in the Labour Party’s winning manifesto was a pledge to reform cohabitation agreements. Specifically, they pledged to strengthen the rights of women in cohabiting relationships. In February 2025, after being asked to set out a timeline for reform, the minister in charge of family justice, marriage and divorce, Lord Ponsonby of Shulbrede, said that a formal consultation on cohabitation reform would be issued ‘to build public consensus on what cohabitation reform should look like’.

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.

Sumit Singh

See Full Bio

Three New Colleagues Join Lisa’s Law

We are delighted to welcome three new colleagues to Lisa’s Law. Angel joins as a Solicitor in our Immigration team, while Ian and Yi Ling add to the growing number of legal assistants at the firm.

Angel

Angel qualified as a solicitor in December 2022. She obtained her LLB from the University of Birmingham in 2018, followed by her Legal Practice Course and LLM from the University of Law in 2019. She began her career as an immigration paralegal, progressing to a trainee solicitor while completing her Professional Skills Course at BPP University. Before joining Lisa’s Law, she gained experience at boutique and city immigration law firms in London.

Angel advises on both personal and corporate immigration matters, with a particular focus on sponsor licence applications, sponsorship compliance and work visas.

She is fluent in English, Cantonese, and Mandarin.

In her free time, Angel enjoys cooking, travelling, and practising yoga.

Ian

Having completed my LLB at Swansea University with First Class Honours, Ian proceeded to the Legal Practice Course with Master of Laws at the University of Law, London Bloomsbury. He graduated with a distinction in 2023.

Prior to joining Lisa’s Law, Ian interned at various law firms in London and Hong Kong. He also co-founded a start-up company that is currently developing a nutritional app to promote healthy eating to university students, allowing him to gain experience in corporate compliance and business operations. At Lisa’s Law, he will be working on immigration, conveyancing, as well as some commercial matters.

Besides law, he also has an interest in cooking, swimming and motorsports.

Ian is fluent in English, Cantonese and Mandarin.

Yi Ling

Yi Ling completed her LLB, Bar Training Course, and LLM at Cardiff University. She has experience in family law and private client matters and is particularly interested in these areas.

Yi Ling has also previously gained exposure of immigration and conveyancing law. She aims to qualify as a solicitor and obtain a mediation certificate to further support clients in resolving legal disputes.

Outside of law, she enjoys visiting museums and learning about history.

Yi Ling is fluent in English and Mandarin.

Have questions? Get in touch today!

Call us on 020 7928 0276, 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.

Sumit Singh

See Full Bio

News and Insights

How can applicants request a review of decisions?

Case Law Example: Nzolameso v City of Westminster

Implications for Housing Authorities

Conclusion

Have questions? Get in touch today!

Background of the case

The Court’s Reasoning

Implications

Have questions? Get in touch today!

Residue Lease Term

Limited Control Over the Property and Constraints

Dilapidations and Repair Obligations

Rent Reviews

Conclusion

Have questions? Get in touch today!

Overview of the Video Guides

The Impact of the eVisa Transition

Have questions? Get in touch today!

Why Has Your Account Been Frozen?

The Importance of Providing the Right Evidence

Seeking Legal Advice Early Can Make a Difference

Final Thoughts

Have questions? Get in touch today!

What Is a Property Chain?

How Does the Process Work?

1. Instructing a Solicitor

2. Agreeing on Sale and Purchase Terms

3. The Release Mechanism in Chain Transactions

4. Exchange of Contracts

5. Completion Day

Potential Challenges and How to Manage Them

How We Can Help

Have questions? Get in touch today!

Have questions? Get in touch today!

Quick explainer – what is leasehold?

What has the government set out in the Commonhold White Paper?

What exactly is commonhold?

What are some of the areas the government is still working on resolving?

An easier way to convert existing leaseholds to commonhold

Ban on the sale of new leasehold flats

Making commonhold work for blocks of all sizes

Our thoughts

Have questions? Get in touch today!

What will happen to our home if we separate as cohabitees?

What will happen to our bank accounts?

What will happen to our children?

Why should I enter a cohabitation agreement?

Will cohabitation rights be further strengthened?

Have questions? Get in touch today!

Angel

Ian

Yi Ling

Have questions? Get in touch today!

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar