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Multiple Dwellings Relief denied in recent case! When is it an option for buyers?

Anyone who has been fortunate enough to purchase a second property of their own, or even those who know someone else who has done so, are likely to have heard of Stamp Duty Land Tax. Usually, this tax will have been spoken about in negative terms, as an additional cost that is sometimes left unbudgeted for and can add some extra strain to an already stressful process. First time buyers are usually spared having to pay SDLT for the first £300,000 of their purchase, as long as their purchase is under £500,000, but for everyone else this tax is fairly inescapable.

 

One way in which SDLT can be reduced, in certain situations, is the Multiple Dwellings Relief (MDR), whereby the amount of tax paid is essentially divided by the number of properties involved in the single purchase. However, there are of course some requirements that come with MDR. We will examine a recent case in this blog to further explore this topic.

 

 

How does Multiple Dwellings Relief work?

 

MDR was brought in to encourage investment in residential property by reducing the SDLT payable on multiple or bulk purchases, therefore making buying multiple properties more appealing.

 

It is possible to claim this relief when you purchase more than one dwelling where a transaction or a number of linked transactions include freehold or leasehold interests in more than one dwelling.

 

If you claim relief, to work out the rate of tax HMRC charge you must:

 

  • divide the total amount paid for the properties by the number of dwellings

 

  • work out the tax due on this figure

 

  • multiply this amount of tax by the number of dwellings

 

The minimum rate of tax under the relief is 1% of the amount paid for the dwellings.

 

It sounds daunting, but when you are purchasing a property your solicitor will be able to walk you through it step by step.

 

An example may help to explain it, let’s say:

 

  • You buy 5 houses for £1 million.

 

  • £1 million divided by 5 is £200,000.

 

  • The amount of SDLT you pay on £200,000 is £1,500 (0% of £125,000 + 2% of £75,000).

 

  • £1,500 multiplied by 5 is £7,500.

 

  • As this is less than 1% of £1 million (which is £10,000), the amount of tax you pay is £10,000.

 

So in the end, the rate of SDLT is based on that average price instead of on the total consideration (subject to a minimum rate of 1%) and the SDLT payable is multiplied by the number of dwellings acquired. In most cases, it will lead to substantial reduction of the SDLT bill.

 

It should be noted that when relying on the MDR relief, the applicant will have to prove that each relevant property is capable of being a single dwelling. It is the definition of a single dwelling that has been a heavily litigated area between purchasers and HMRC.

 

 

Let’s take a look at a recent case

 

The case of Fiander and Brower v HMRC deals with issues of property purchase and Multiple Dwellings Relief. Essentially, the appellants purchased a house which had an annex attached to it. Both the house and the annex had living areas, sleeping areas, kitchens and bathrooms. The properties were connected by an internal corridor, so where there was no door but a door could easily be installed.

 

In the opinions of the appellants, the purchase of the property and adjoining annex should have constituted their right to MDR. They saw the two dwellings as separate entities. However, their opinion did not match that of the First Tier Tax Tribunal, and nor were they able to convince the Upper Tribunal when they continued their appeal.

 

The decision of the tribunals was rooted in the current state of the property, rather than its historic use or its intended use in the future. The fact that a property is capable of being a single dwelling after some alteration is irrelevant. In the meantime, the Upper Tribunal re-affirmed the position that on the issue of MDR, the relevant legislation shall be interpreted purposely.

 

When assessing whether a property qualifies as a single dwelling, the Court should take into consideration all the relevant facts objectively. The key issues are whether the property has adequate security, self-sufficiency and privacy, so that an ordinary person is willing to call it a single dwelling.

 

In conclusion, the Upper Tribunal held that the First Tier Tribunal’s initial ruling was correct and that the annex did not qualify as its own single dwelling. Therefore, Multiple Dwellings Relief did was not an option for the appellants.

 

What can we learn from this?

 

This case can provide us with some useful lessons. Firstly, it is always best to properly assess property before purchasing it, especially when attempting to apply for MDR as there are eligibility requirements that must be met in order to have it granted. Even if a property has a reputation of being two spate dwellings, this may not be the case presently.

 

Similarly, if the buyers’ intention is to use the property as multiple dwellings, but the building itself does not meet the requirements, the intention becomes meaningless in the eyes of the law.

 

Also, the condition of the property and its level of self-sufficiency, privacy and security is of vital importance – especially when being assessed objectively when pursuing Multiple Dwellings Relief for Stamp Duty Land Tax.

 

 

Need some legal advice? We are here to help!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

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Termination of parental responsibility – when can it occur and what can we learn from a recent case?

As a law firm we understand that families can go through hard times as well as good times. Often, when issues arise they can be sorted out. Alternatively, the issues cannot be completely fixed but a reasonable compromise can be made, and people can come to an arrangement that works for everyone. However, when things are irresolvable and the relationship has completely broken down, people will sometimes want to put as much distance as they can between themselves and someone they once considered family, particularly when children are involved or when safety becomes an issue.

 

A case we will be looking at today involves a woman who wanted to halt her ex partner’s relationship with herself and her two daughters by terminating the father’s parental responsibility. We will explore what parental responsibility is, when it can be removed, and take a look at the case itself to explore this topic further.

 

What is parental responsibility?

 

Essentially, parental responsibility is exactly what it sounds like. All mothers and most fathers have legal rights and responsibilities as a parent – known as ‘parental responsibility’.

 

If you have parental responsibility, your key roles are to:

 

  • provide a home for the child

 

  • protect and maintain the child

 

You are also responsible for:

 

  • disciplining the child

 

  • choosing and providing for the child’s education

 

  • agreeing to the child’s medical treatment

 

  • naming the child and agreeing to any change of name

 

  • looking after the child’s property

 

If the parents are separated, the parent who lives with the children must still include the other parent when making important decisions in the child’s life, for example moving abroad.

 

 

When can parental responsibility be terminated?

 

Obviously, terminating parental responsibility is a huge decision. It is a matter that will be decided by the courts and the law around this issue is suitably complex; each case is assessed individually on its own terms. It is worth noting that it is usually in very extreme circumstances that a termination of parental responsibility will be considered, for example if the parent has become a danger to the children or the other parent.

 

Unless the child is adopted, parental responsibility cannot be officially removed from the mother, although of course if the mother has become a danger to the children her contact with them can be limited and controlled. Similarly, if the parents are married parental responsibility cannot be officially removed from the father, but contact between him and the children can be controlled.

 

When it comes to a father who is not married to the mother, parental responsibility is very unlikely to be officially removed for things such as not paying child maintenance, not showing interest in the child or refusing to see the child. It is more common for responsibility to be removed in cases of abuse or putting the child’s life in danger intentionally.

 

Let’s look at a real case

 

In a recent case, Child X and another A mother v A father the mother wanted to terminate the father’s responsibility and also change the children’s surname (to remove their fathers surname).

 

The father is currently in prison and will not be eligible for release until 2033. He is in prison for the attempted murder of the mother, have stabbed her a staggering 15 times. He was also convicted of stalking, making troubling calls regarding the mother and possessing a deadly weapon. The mother therefore brought the two applications to the court in response to this behaviour.

 

What did the courts decide?

 

The courts accepted the mother’s request, which is not surprising considering the extreme nature of the situation. Key factors were that the father was a clear danger to the mother and children, and they were unmarried so there was no barrier there. Also, the fact that the father will be in prison for a long time means that he will not be able to exercise his responsibility as a father in a significant way, which he had not been doing while out of prison either.

 

It was also decided that the emotional welfare of the children would benefit from his responsibility to them being as a father being removed, and that he could potentially use his responsibility to coerce the mother.

 

In terms of the name change, the courts saw no reason as to why this should not happen. One of the children had no memory of the father, while the other attributed past traumas to experiences involving the father. Therefore, it was decided that to permit the mother to change their names would be consistent with their welfare and allow her to act protectively of her children. Further, the children had no close relationships with any extended paternal family members.

 

 

What do we think?

 

When it comes to the case above, we are in full agreement with the court’s decision. The case clearly met the threshold of extremity needed for such drastic measures, and the safety of the children and the mother was greatly improved with the father parental responsibility being terminated. The changing of the name will also allow the children to detach themselves from the father with greater ease, and hopefully lead them to live happier and fuller lives.

 

Need some legal advice? We are here to help!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

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Celebrating Our Staff at Lisa’s Law!

It is no secret that the past year and a half has been challenging in a unique way. The Coronavirus pandemic was unprecedented and took a huge toll on everyday life, including how businesses could operate.

 

One thing we have learned during the pandemic here at Lisa’s Law is that our staff are extremely resilient, hard-working and refuse to give up in adversity! That is why we have been focussing on celebrating them this week, to say thank you for being so brilliant during this challenging time!

 

Elin Lee and the Conveyancing team

 

We want to give our conveyancing team a big shout out. They have been particularly busy during the pandemic, especially over the course of the Stamp Duty Land Tax holiday. This holiday caused a huge spike in people purchasing property, which meant Elin and her superb team have been working extra hard to deliver a great service to an ever expanding list of clients.

 

They have been so successful, you only have to look at all of our recent 5 star Google reviews to see how happy our clients have been! We already knew how knowledgeable and dedicated they were, but they have really gone above and beyond, exceeding their targets and working brilliantly as a team to achieve success! They deserve so much credit (and a good rest!)

 

 

Here is our Managing Director Ding handing some well-earned flowers and a gift card to Elin Lee, who is the Head of our Conveyancing department. Elin has stayed late at the office after often being the first one to arrive, always handles her cases perfectly while supervising and advising her team, never once complaining and always doing it with a smile on her face. We are so lucky to have her and appreciate everything she does!

 

 

The all-star Conveyancing team! They have achieved so much together and proven that they can work together to get the job done no matter what! We are truly proud of them!

 

To find out more about our conveyancing services, click here!

 

Not forgetting everyone else!

 

We had to say thank you, not only to the conveyancing team, but every single members of staff – from our brilliant receptionists, amazing accounts team, marketing department and of course all of our case workers. They have done so well, keeping up our high standards and definitely deserve a treat!

 

Every member of staff received a delicious Well Box! It is filled with goodies and is just a way for us to say a huge thank you to everyone for their hard work and dedication. Everyone working from home had a box delivered to their door, nobody missed out!

 

 

The boxes contain a great range of treats, such as chocolate popcorn, spiced almonds, gummy sweets, biscuits, tea and more!

 

 

Salina, one of our fantastic lawyers here at the firm, with her Well Box in one of our meeting rooms at our London based office.

 

 

Ruyun is part of our marketing team here at Lisa’s Law – we wonder what snack she will try first!

 

 

Yvonne has been working hard and definitely deserves her box of treats!

There you have it!

 

We have continued to grow and thrive over the past year and a half, and that is all down to our brilliant staff. We know how lucky we are to have each and every one of them, as they each bring their own individual spark to our firm!

 

Need some legal advice? We are here to help!

 

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/ 

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

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iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

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Landmark Ruling Could Unlock EU Settlement Scheme for Zambrano Carers!

We have said it before, and we will say it again: the deadline for the EU Settlement Scheme is right around the corner on 30 June 2021. This must be a priority for all EU citizens and their family members, as if they do not register or submit their applications in time, they may not have another chance. If that happens, it will mean those who are staying in the UK currently will become overstayers and and may lose their jobs, homes, NHS benefits and any financial support they require.

 

A recent case, Akinsanya v Secretary of State for Home Department (SSHD), which we are covering in this blog, should be at the front of many people minds, as it has potentially opened the door to the EU Settlement Scheme for a large demographic – people who are not from an EEA state but whose residence is needed in the UK to allow a British childto live in the UK. These people are otherwise known as Zambrano carers.

 

To be clear, the premise of a Zambrano carer is relatively simple. If a person, be that a child or a dependant adult, is an EU citizen, they have the right to enjoy all the rights that EU citizenship brings. One of these rights is living in an EU territory, meaning that if their primary carer, in a child’s case, is expelled from that territory and the citizen would realistically have to go with them, their rights would be violated. This means that the carer must also be granted residence in the EU state. As the UK was previously a part of the EU, such people need to be protected now that the UK has left the union. The protection of EU citizens is the main reason for the EU Settlement Scheme.

 

Up until now it has been the Home Offices policy that you cannot have two immigration applications or status running at the same time. In the event that this occurs, usually the first application/status is cancelled/superseded by the second one. While the Home Office are likely to appeal, the Akinsanya case has challenged this way of thinking, and the result could be of huge benefit to many looking to get onto the EU Settlement Scheme as Zambrano carers.

 

 

Case overview

The all-important case is Akinsanya v Secretary of State for Home Department (SSHD) , in which the claimant is a 39 year old Nigerian woman who has a child who is a British national, of whom the claimant is primary carer.

 

Over the course of a few years, the claimant had made applications for derivative residency, leave to remain on the basis of the family/private life ten-year route and finally was granted 30 months’ limited leave to remain until 11 January 2022, with no condition preventing recourse to public funds, which she was previously denied as her status was a Zambrano carer.

 

When the EU Settlement Scheme opened, the claimant applied to it with a view of obtaining indefinite leave to remain on the basis that she was a Zambrano carer with five years’ continuous residence in the UK. However, the Secretary of State denied her application, deciding that she was not eligible for the EU Settlement Scheme as she had already been granted limited leave to remain on a separate application.

 

When the claimant appealed this, the Administrative Court found that the theory that the existence of a concurrent limited leave to remain of itself automatically extinguished a claim for Zambrano residence was wrong, and in fact a limited national leave to remain, and a wider Zambrano right to remain would frequently co-exist in many cases.

 

 

The importance of this judgement

 

This result is of huge significance, as it means that the Home Office will have to look at its policy regarding Zambrano applications to the EUSS. This would mean that people who are holding 2.5 leave to remain based on being the primary carer of British children may be eligible to apply for settled or pre-settled status, and such an application would not affect their current status.

 

Essentially, in addition to their current status, they may be eligible to register under the EU Settlement Scheme and if they succeed, it only takes 5 years to settle (some even may already have been eligible without knowing it). In addition, registration under the EU settlement scheme is free, while a settlement application based on domestic immigration law will cost £2,389 per person.

 

The Home Office may now have to reconsider their guidance regarding the Zambrano carers and the EU Settlement Scheme, redrafting Appendix EU of the Immigration Rules.

 

What do we think?

 

The judgement will be music in the ears of parents of British children looking to get in on the protections granted by the EU Settlement Scheme, and we wholeheartedly support that the rules be redrafted to accommodate them. We see no reason at all why Zambrano carers should be excluded, and we feel that the more people able to access the scheme the better.

 

We also would like to see an extension to the EU Settlement Scheme deadline, considering that this judgement has come so close to the finish line. People should be granted every opportunity to apply before the possibility of reprimanding them is even considered.

 

 

Have questions? We are here to help!

 

We understand that the EU Settlement Scheme can seem daunting, but you do not have to face it alone. We are here to help you every step of the way. If you are not quite sure of your rights or how to apply for your status, please do not hesitate to contact us.

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

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EU Settlement Scheme – Coronavirus related absences to be overlooked by Home Office?

The deadline to the EU Settlement Scheme is at the end of this month (30 June 2021), meaning that EU nationals and their family members will have a limited amount of time to apply for visas to either continue to stay in the UK or come into this country, depending on their personal circumstances.  For the majority of people who need to apply to the scheme, they may not have much problem with their application, but others may have concerns about falling short of the requirements. One such worry could come if the applicants have been away from the UK for some time, as in many cases, applicants are required to stay in the UK for certain number of days, failing which their applications may be refused.

 

It may be comforting to know that the Home Office has released guidance which reveals some periods of absence will not affect applications to the EU Settlement Scheme (EUSS), with clarification concerning COVID-19 related absences. This article will focus on what kinds of absences will be admissible and how the Home Office will see certain reasons for applicants being away from the UK for prolonged periods of time.

 

 

Absences of up to 12 months due to Covid-19

 

Under the new guidance an EUSS applicants ‘continuous qualifying period’ of residence will not be broken where they have been absent for a single period of up to 12 months for an ‘important reason’. Some examples of an important reason are pregnancy, overseas posting, studying or training. Each reason will be judged on its own merit. The Home Office’s  guidance now is that an important reason may include coronavirus complications, for example, where you can show you were:

 

  • ill with coronavirus

 

  • in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus

 

  • caring for a family member affected by coronavirus

 

  • prevented from returning earlier to the UK due to travel disruption caused by coronavirus

 

  • advised by your university that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely

 

  • advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country

 

  • absent from the UK for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas

 

These rules are the same if the applicant did not intend to exceed 6 months away from the UK initially, but ended up doing so, but their absence did not exceed 12 months.

 

This should offer some peace of mind to the many people who were unable to travel back to the UK due to coronavirus related issues. It would indeed be highly unfair to penalise these applicants for being away from the UK for such reasons.

 

 

Evidence needed to prove length and reason for absence

 

Examples of acceptable evidence include (but are not limited to):

 

  • used travel tickets confirming the dates you left the UK and returned

 

  • confirmation of flight cancellations detailing the dates and times

 

  • doctor’s letter confirming you contracted coronavirus

 

  • doctor’s letter confirming you were identified as vulnerable and advised to shield

 

  • email or letter confirming you, or a person you were living with, received a positive coronavirus test result

 

  • official letter confirming you were in coronavirus quarantine

 

  • doctor’s letter confirming your family member, who you have been caring for, contracted coronavirus or was identified as vulnerable and advised to shield

 

  • email or letter confirming your family member, who you have been caring for, received a positive coronavirus test result

 

  • letter from a university advising you that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely

 

  • letter from a university or employer advising you not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus

 

  • letter or other evidence from you accounting for your absence for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas

 

The Home Office may ask applicants to provide copies of these documents, and in some cases they may require the original copies – so it is important to keep them safe!

 

 

What about absences of more than 12 months?

 

Absences of more than 12 months are treated slightly differently. They will be seen as having broken the continuous qualifying period, but the wording in the guidance suggests that such applicants can still apply to the EUSS if they can prove they were:

 

  • absent for an important reason (including a coronavirus-related reason), and

 

  • ‘coronavirus meant they were prevented from, or advised against, returning to the UK within 12 months and for a period thereafter’

 

This means that where, after an absence of 12 months for an ‘important reason’, coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months, you will be treated as not having broken your continuous qualifying period of residence.

 

Student applicants – 12 months away could be an issue?

 

One difference between the wordings that we can identify is that with absences over 12 months, it appears there must be a direct suggestion for student applicants to be away from the UK, rather than the applicant choosing to remain away from the UK. However, it is different for applicants who have been outside the UK for less than 12 months.

 

In the former scenario, applicants will have to produce evidence to show that they are requested by their education providers not to return to the UK; while in the latter, it should be that they are suggested or allowed not to return. In another words, one is compulsory to stay outside the UK; while the other one is optional, depending on the applicants’ own decision.

 

To show what we mean, see the below text regarding reasons for being outside the UK from the guidance around periods of absence of over 12 months:

 

What do we think?

 

We are pleased to see that considerations have been made for people being away from the UK. The last year and a half has been difficult for everyone, and travel options have been highly limited. It would be terribly unfair to penalise people for being away from the UK when they have not had a chance to return, or have not been able to return due to illness or other unforeseen circumstances.

 

Also, for those who have obtained pre-settled status before leaving the UK, they should be able to rest easy in that their period away from the UK will not affect their potential to move on to settled status, in cases where coronavirus or another important reason has meant they were unable to return to the UK. This is another big positive for many people.

 

 

Have questions? We are here for you!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

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Denial of homeworking or furlough request from employees due to fears of COVID-19 may not itself amount to unfair dismissal

Coronavirus has been a huge part of our lives for almost one and a half years now and the effects of it have reached far and wide. It has taken many lives, ravaged the economy, put thousands out of work and made people homeless. The nature of the virus makes it unpredictable, as new variants keep rearing their villainous heads – such as the new Delta variant which is said to be more transmissible than those that came before it. We get peaks of hope and troughs of despair, as cases go down only to rise again when lockdowns are ended. It is emotionally and physically draining, striking fear into the hearts of many, with the vaccine being the only real route out, so far as we can see.

 

Turning our minds to a more specific matter related to coronavirus, we are looking into a legal issue related to employment and business within the pandemic. The issue revolves around an employee’s potential fear of the pandemic leading to rights for them to be furloughed or given permission to work from home, and how employers can respond to such a claim.

 

 

Can an employee demand to work at home or be put on furlough? If the request is denied, can the employee refuse to work?

 

The furlough scheme, otherwise known as the Job Retention Scheme, has proved a massive asset in keeping people’s heads above water during the pandemic, allowing them to receive 80% of their wages if their employer is willing to sign them up to the scheme. This is still in place and many people are furloughed until September 2021, with even this date susceptible to being pushed back. Similarly, the ability to work from home has been essential in keeping cases down, with the Prime Minister Boris Johnson actively pushing employers to allow workers to work from home if they possibly can.

 

For the majority of people, at least one of these options has been feasible. However, with the furlough scheme it comes down to whether or not the employer chooses to put an employee forward for the scheme, and with working from home the employee must be able to carry out their duties from home. This will not be the case for everyone, particularly key workers. Therefore, if an employee is denied both of these options but still refuses to work, there are likely to be consequences. To explore this issue more we turn to a case that has its roots early in the pandemic, March 2020.

 

A case study: Accattatis v Fortuna Group (London) Ltd

 

Mr Accattatis was employed by Fortuna Group, a company which produces personal protective equipment (PPE), of which we have all become familiar with during the pandemic. He started working for this company in a sales and project co-ordinator role on 8 May 2018.

 

Due to the unprecedented huge demand for PPE because of COVID-19, employees of Fortuna Group were considered key workers and the firm remained open over the course of the first lockdown. However, a series of emails from management related to COVID-19 safety regulations were sent out, such as staff sitting alone in the canteen to maintain social distancing and using the provided hand sanitizer.

 

On 30 March 2020, Mr Accattatis developed coronavirus symptoms and self-isolated. He initially informed his employer that he would be back to work on 6 April, however after still feeling unwell he obtained two self-isolation notes to explain his extended absence from the workplace.

 

The main issue arose when, still not having returned to work, he wrote to his manager and asked to be furloughed, claiming that it would be good for all parties. This was a matter on which Mr Accattatis and his employer did not see eye to eye.

 

 

By this point, Mr Accattatis has only been receiving Statutory Sick Pay (SSP). He argued that the government announced that people should work from home if possible and that he did not feel safe travelling into work. He gave the employer two options, allow him to work from home (which given his role was impossible), or put him on furlough.

 

After one last email to his line manager requesting to be put on furlough after claiming the HMRC Job Retention Scheme helpline confirmed that the grant was available for employees that are in self-isolation, he received a reply informing him that his contract with the company had been terminated. The email specified that the termination was due to his breach of company policies and guidelines over a period of months.

 

Looking through a legal lens

 

In terms of the law, Mr Accattatis, in his own opinion, was acting in line with Section 44 and 100 of the Employment Rights Act, whereby workers are protected from being penalised for exercising their right to leave their workplace. Such penalisations could be having their wages reduced, being suspended or being dismissed.  To be protected under such rights, the worker must have a ‘reasonable belief’ that their workplace poses a serious and imminent threat to them, their family, or members of the public. With this at the front of his mind he took his dismissal up with the Employment Tribunal.

 

The Judgement of the Tribunal

 

One point of interest taken by the tribunal was the speed at which the decision was taken to dismiss Mr Accattatis, and that how his dismissal came very close to when he would have qualified to bring a claim forward for ordinary unfair dismissal (after two years of service). Due to the problems Mr Accattatis was causing, it seemed likely to the tribunal that his employer wanted to remove him before he reached his second working anniversary with them. However, Mr Accattatis main point of contention was that his dismissal was unfair in terms of Section 100 of the Employment Rights Act.

 

While the tribunal was somewhat sympathetic to Mr Accattatis, in that they saw how he could have perceived himself to be in a dangerous position at work. However, they ultimately decided that he had not taken appropriate steps to protect himself from this danger. His appeals to be furloughed or to be allowed to work from home were not applicable to him, therefore he could not rely on them to solve his issue.

 

Furthermore, Mr Accattatis was dismissed due to a myriad of reasons, not just refusing to come to work during the pandemic. He had also caused problems by complaining about his wages, working hours and difficulty of his job.

 

This, paired with his fixation on being put on furlough or being granted permission to work from home led to his employer firing him before he qualified for protection against regular unfair dismissal.

 

 

Our thoughts

 

Firstly, we will say that the pandemic has been tough for everyone, with some being affected more than others. We are all built differently, with different anxieties, health concerns and cognitions.

 

However, it is also equally important that businesses and economy (and life) need to move on. This requires both the employers and employees to work together as a team to walk out the current crisis successfully hand in hand.

 

Employers should take every reasonable steps to protect their employees. This includes considering actively whether homeworking and furlough are available to employees so to reduce unnecessary risks. If homeworking or furlough is not feasible, the employers should consider how to make their workplace as safe as possible. This involves maintaining social distance, requesting wearing of masks and provision of hand sanitisers.

 

On the other hand, the employees should also do their part of work. Under employment contract, employees are required to carry out their duty whenever possible. Provided that employers have taken reasonable steps to make the workplace safe, it will be wrong for employees to insist that they will not work because of their self-conceived fear. Even if they do fear more than others, they should have taken extra steps to protect themselves. There is no evidence to prove that the virus has become so deadly that no work can be safely carried out. Should that be the case, the government’s guidance would have stated so.

 

Covid-19 is dangerous; however, it may not be a trumpet card for employees to refuse to work in all circumstances.

 

Have questions? We are here for you!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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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Splitting up the family? The importance of Retained Rights of Residency for family members of EU citizens.

With the deadline to get onto the EU Settlement Scheme rapidly approaching, people all over the UK who have come to know this country as their home will be feeling tense and confused about where they will stand come the 30th of June. While the Home Office often sugar-coats the immigration system as straight forward and easy to navigate, this is often not the case in reality. One such area of complication is the rules regarding retained rights of residency, particularly when it comes to family members of EU/EEA citizens who have lost their sponsor due to circumstances out of their control.

 

For example, what happens to the parents of a non-EEA national who have come to join their child in the UK who has married an EEA national, only for that marriage to dissolve? That marriage was an essential part of their right to be in the UK, as far as the guidance lays out. The marriage was the glue that binds them to the UK, so when that glue is melted away, where are the parents left? Or if a son or daughter of EEA nationals is left by their parents, on whom they relied on for their status? The answer lies in the notion of retained rights of residency, which is what this article will explore.

 

 

What are retained rights of residency?

 

A retained right of residency is when a person who previously had the right to remain in the UK is permitted to continue to legally reside in the country even when their circumstances change, for example through bereavement or divorce. Each case will be measured on its own facts, and being successful in achieving a retained right of residency will depend on the applicants specific situation.

 

With a retained right of residence, people are free to apply to the EU Settlement Scheme by the 30th of June, whereby if they are successful they can legally remain in the UK. One difference would be that those applying under the retained rights of residency cannot then go on to sponsor another person looking to come to the UK, they would be cementing only their own right to remain.

 

This sounds too harsh to many people and unreasonable. By the law of natural justice, a person should not be penalised through something which is no fault of his/her. As stated above, people who have retained their right of residency have done nothing wrong. In some cases, they are even victims of crime, like domestic violence. Should their circumstances have not changed, say, their marriage continues, they would have been able to sponsor other family members or relatives (like parents, children or stepchildren or even cousins or nephews) to the UK. It will not be fair if they are stopped from being doing so now.

 

So, who is eligible for retained rights of residency?

 

There are many ways in which someone could be eligible for retained right of residency. For example, if your eligible family member passes away, you get divorced or a member of your family gets a divorce, or a relationship has broken down due to domestic abuse or violence.

 

In general, where an eligible family members passes away, their dependents would retain a right of residency if they had lived continuously in the UK as their family member for at least one year immediately before their death.

 

Or, thinking along different lines, let’s say a child of an EEA national is left by their parents in the UK. If that child is enrolled in an educational course in the UK immediately before the relevant EEA citizen (or, as the case may be, the qualifying British citizen or the relevant sponsor) left the UK, died or ceased to be a relevant EEA citizen), and continues to attend such a course, the child will be able to apply on the basis of retained rights of residency.

 

In terms of a divorce or relationship breakdown, those who were in the relationship and their family members can apply to the EU Settlement Scheme so long as one of the following applies:

 

  • the marriage or civil partnership lasted for at least 3 years and the couple had both been living in the UK for at least one year during that time

 

  • you have custody of the EU, EEA or Swiss citizen’s child

 

  • you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child and the child is under 18

 

  • you or another family member was the victim of domestic violence or abuse in the marriage or civil partnership

 

 

You can also apply if a family member had an eligible marriage or civil partnership and you lived in the UK when it ended. You must be their:

 

  • child or grandchild under 21 years old

 

  • dependent child or grandchild over the age of 21

 

  • dependent parent or grandparent

 

You can apply if your family relationship with an EU, EEA or Swiss citizen has broken down permanently because of domestic abuse or violence.

 

You can apply if you are or were there:

 

  • spouse or civil partner

 

  • unmarried partner

 

  • child or grandchild under 21 years old

 

  • dependent child or grandchild over the age of 21

 

  • dependent parent or grandparent

 

Of course, these are general circumstances that we feel will affect many people in a broad sense, but there will be many more types of circumstances where retained rights of residency could come into play. Each case will be judged on its own merits, and it should not be taken for granted that if your situation is similar to those listed above that you will automatically be successful in your application.

 

 

EU Settlement Scheme Maze:

 

Although the Home Office launched its EU settlement scheme more than two years ago, due to its complexity, many people are still struggling to get grips with its requirement and application procedure. We would like to summarise it here very briefly for those who are entitled to retained right of residence.

 

To be clear, if the family members have not already applied to the EU Settlement Scheme, they must apply based on retained rights of residence before 30 June 2021.

 

If the family members have already applied to the EU Settlement Scheme for pre-settled status as the family members of a relevant EEA national, but during the 5-year pre-settlement, the marriage of the EEA national breaks down or the EEA national dies, the family members does not need to apply for pre-settled status again if they have retained right of residence. They simply need to prove their retained right of residency after the relationship broke down when they apply for settled status.

 

If the family members already has settled status, their relationship with the EEA national will not affect their settled status.

 

 

Have questions? We are here for you!

 

We understand that the EU Settlement Scheme can seem daunting, but you do not have to face it alone. We are here to help you every step of the way. If you are not quite sure of your rights or how to apply for your status, please do not hesitate to contact us.

 

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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Coronavirus and UK Immigration: What story do the statistics tell?

On the 27th of May the Home Office released their most up to date quarterly immigration statistics for the year ending 21st of March 2021. These stats include data in which we can see how many people came to the UK during this time period, how many extended their stay, the number of people who gained citizenship, applied for asylum, were removed from the UK and everything in-between.

 

The statistics this time were often reflective of the world we found ourselves living in over the course of 2020 and part of 2021, one heavily affected by a global pandemic that is still on-going. This means, in most cases, all numbers related to immigration decreased in comparison to years previous. But what can we learn if we look into the details of the report, and is there anything that stands out as we look at these numbers? This is what todays article will focus on.

 

How many people came to the UK (March 2020 – March 2021)?

 

Unsurprisingly, this number took the heftiest decrease of all, with only 18 million arrivals (including returning UK residents). While this number may seem large at first glance, this is an 87% decrease from the previous year. Coronavirus has a direct impact on this statistic as international travel has been banned for the majority of the year in question.

 

Similarly, there were just 668,979 visas granted in the year ending March 2021, 78% less than the previous year. Of the visas granted in this last 12 months, 38% were for study, 26% were to visit, 18% were to work, 6% were for family, and 12% for other reasons.

 

To put it into perspective the impact of the COVID-19 pandemic on UK immigration, take a look at the chart below from the Home Office website:

 

 

EU and Hong Kong applicants:

 

The UK received more visa applications from Hong Kong than the EU during this first quarter of 2021. In fact, while there was nearly 35,000 applications from Hong Kong, there was under 6,000 from the EU. There are many reasons for this, namely the end of free-movement, the continuing impact of COVID-19, and the introduction of the BNO Visa.

 

It is also likely that many people from the EU who had planned to come to the UK simply chose to do so earlier, before the end of 2020, therefore avoiding the tougher and more costly experience of a post-Brexit immigration system. This paired with the economic effects of the pandemic and travel restrictions all point to the low number of visa applications at the start of 2021.

 

Focussing on the applicants from Hong Kong, it is rather a different story. Over 34,000 people from this area applied to live in the UK by the end of March 2021. It is likely that there was some built up demand for this visa, but these initial numbers are a good indication to how popular this route will be with people from Hong Kong.

 

Skilled Worker visas:

 

Skilled Worker visas saw a 37% decrease, which is more severe than both the study and family visa routes. This is likely linked to the negative impact the coronavirus had on business and the economy, such as many employers not taking on new staff and in some unfortunate cases businesses shutting down permanently.

 

Also, where some industries were put on pause for many months, such as those in the entertainment industry and hospitality industries, there was a campaign urging people to re-train. While many viewed this as slightly distasteful, it meant that more businesses will start recruiting after the easing of the travel restrictions. We anticipate that there should be substantial increase in this type of visa from autumn on, with the economy anticipated to grow faster than forecasted.

 

 

Student visas:

 

Student visas experienced a 16% decrease overall. Chinese nationals were the most common nationality granted Sponsored study visas in the year ending March 2021, accounting for 35% of the total. Still, when comparing the number of Chinese nationals who were granted student visas to last year’s number, we find a 26% decrease. On further examination, Chinese Students comprised almost two thirds (65%) of the overall decrease in Sponsored study visas in the year ending March 2021. We can point to the fact that COVID-19 restrictions were implemented early in China, from January 2020, and may have disproportionately affected Chinese students.

 

Family visas:

 

There were 168,464 visas and permits granted for family reasons in the year ending March 2021, which is a 13% reduction on the year ending March 2020. A sharp fall in grants was seen in April to June 2020 (90% lower than in the same period in 2019) due to the impacts of the COVID-19 pandemic. Family related visas and visas granted to dependants of people coming to the UK both saw reductions of 33% and 10% respectively.

 

However, we can see the influence of the EU Settlement Scheme in this report as grants of family permits increased by 5% to 54,527. There were 17,110 EEA family permits and 37,417 EU Settlement Scheme (EUSS) family permits granted in the year ending March 2021.

 

The EU Settlement Scheme had a 212% rise compared with the year before, showing that awareness of the scheme and the desire to sign up to it has risen massively. Admittedly, it is to be expected that more people signed up as the deadline approached. Also, this route opened at the end of March 2019, therefore the first complete year ending comparison will be in Q2 2021.

 

 

Staying put in the UK – Visa extensions and Settlement

 

Extensions:

 

There was a 15% decrease in in people extending their visas than the year previous, however this number does not include people who had their visas extended due to COVID-19 restrictions. The number of people who remained in the UK would have in fact been much higher, but it would not have reflected those who made the personal choice to do so.

 

This reduction in people who actively wanted to extend their stay in the UK could be due to Brexit, and the fact that free movement with the rest of the EU is coming to an end. It could also be in retaliation of the political statement that Brexit makes, which some visa holders may not be in agreement with.

 

Settlement:

 

There were 93,143 decisions on applications for settlement in the UK from non-EEA nationals in the year ending March 2021, a 2% decrease on the previous year. Of these, 91,346 (98%) resulted in a grant. This slight reduction may also be linked to Brexit.

 

When thinking about settlement, it is also worth remembering that the BNO visa we mentioned above, which many people from Hong Kong will take advantage of, can lead to UK settlement after 5 years.

 

 

Citizenship:

 

British citizenship is still highly desirable according to these latest statistics. There were 176,910 applications for British citizenship in the year ending March 2021, 7% more than the year ending March 2020.

 

In terms of EU applicants, the number rose substantially by 45% to over 63,000 – meaning that EU nationals accounted for over a third of all citizenship applications. While we mentioned that some may be deterred by Brexit to extend their stay in the UK, the threat of potentially coming across complications with their status in the UK seems to have pushed many towards cementing their citizenship here.

 

Detentions and enforced returns:

 

Both detentions and enforced returns were lower than in previous years, with the number of detainees being down by 44%. This is in direct connection with the pandemic, as more people were granted leave to remain because they could not travel to return to their home country. This meant that there were far less people in breach of their status requirements.

 

Now that travel restrictions are slowly being lifted, it would make sense for this number to start increasing again in the coming months.

 

What do we think?

 

We are not at all surprised to see that levels of immigration, particularly regarding arrivals into the UK, are extremely low compared to years in the past. The pandemic has meant that international travel was largely halted, leading to these low numbers.

 

Looking for more interesting assessments of these statistics, we find ourselves focussing more on the increased amount of people from Hong Kong applying to come to the UK and the continual desire people have to secure UK citizenship, both of which had positive numbers amid the statistics. We believe that in future reports we will continue to see an influx of people from Hong Kong coming to the UK on the back of the BNO route, looking to work and study here with a goal of achieving citizenship.

 

 

Have questions? We are here for you!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

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E-visas, E-permission to Travel, E-sponsorship System – What are the key points in the Home Office’s New Immigration Plan?

On the 24th of March 2021, the Home Office released their official plan moving forwards on how to deal with immigration and border control in the UK. Part of the statement issued on the government website addresses the well-known fact that free movement between the EU and the UK ended on 31 December 2020 as a result of the Brexit referendum, and that new immigration policies have been brought in to match this decision.

 

For example, a point’s based system was brought in to attempt to limit those coming to the UK to people who have desirable attributes in the eyes of the government. These attributes are mainly down to what jobs those people will fill, or if they have valuable knowledge or in some cases strong family ties to the UK. The Home Office statement also details how stronger measures are being put in place to keep people with criminal histories out of the UK.

 

There will also be more developments into the digitisation of border controls including the introduction of Electronic Travel Authorisation and e-visas.

 

Of course, your opinion on much of this is likely to depend in some capacity on whether you voted to leave or remain in the EU, but nevertheless, these are the immigration rules that will be in place for the foreseeable future.

 

This article will go into detail on what the latest Home Office plan means for the future immigration situation into the UK, drawing from the information announced on the 24 May 2021.

 

 

Points based system:

 

The Home Office have described the points based system as Fairer, Firmer, and Skills-led. We are sure that to many it will certainly feel firmer, but whether it is fairer will be a more debateable topic. The idea is to focus predominantly on what the applicant will bring to the UK, and match their attributes up against the objective desires of the UK, which have been set by the Home Office. This system is nationwide covering England, Scotland, Wales and Northern Ireland.

 

Essential factors will be having a job offer from a Home Office licenced sponsor, meeting a required skill level of RQF 3 or above (A Level and equivalent), and being able to reach English language requirements. Tradable points come in the form of filling a role on the Shortage Occupation List, or having a PhD in a relevant subject to the job they are going for.

 

The system is part of what the Home Office is calling its Build Back Stronger agenda, by which the main focus is training the domestic workforce within the UK, but allowing the ‘best and brightest’ from different countries to come and work here as well.

 

The logic here is clear. These rules will help to vet applicants and ensure that only those with particular attributes can come to the UK to work. To many people this will be a practical and agreeable way of handling immigration, but on the other hand some may be against the potential limitations that this stricter system will harbour. We will have to wait and see if the benefits outweigh the negatives.

 

Improvements on Sponsorship system?

 

Due to the sponsorship aspect being a core part of the points based system, the Home Office announced some improvements for sponsoring companies. These include:

 

  • Reducing the amount of time it takes to sponsor an individual by up to eight weeks.

 

  • Removing the resident labour market test and suspending the cap on numbers.

 

  • Making the sponsor licence application fully paperless, and re-designing the sponsor guidance, making the system simpler, more streamlined and accessible.

 

In theory, these are all positive moves. However, it has often been the case in the past that sponsorship applications are delayed, causing great inconvenience to applicants. We hope that the system is indeed as smooth as the announcement implies.

 

Suspending the cap on the number of applicants is good, but the skill surcharge fees and health surcharge fees are increased and hence the total costs for skilled worker visas. It will mean that more people will be deterred from applying for it.

 

 

Moving further into the digital world:

 

The selling point of the New Plan for Immigration is the rolling out of new technology, which will supposedly bolster the border control and visa systems within the UK.

 

At the borders, new technology called Border Crossing BX will be used and is said to improve the quality and timeliness of information available at the primary control points (PCP) for Border Force officers. This technology has been successfully piloted and is being rolled out nationally.

 

The Border Crossing BX technology is due to be in place from Summer 2021, and one of its uses will be to quickly check if someone has applied for or been granted status under the EU Settlement Scheme.

 

Electronic Travel Authorisation (ETA):

 

The UK has taken some influence from the US in that visitors and transit passengers who do not currently need a visa for short stays, or who do not already have an immigration status prior to travelling, will be required to obtain an Electronic Travel Authorisation as an additional security measure. This will apply to everyone, apart from British and Irish citizens and those with British citizenship in the Crown Dependencies or British Overseas Territories.

 

This is likely to cause split opinions, as it is essentially another hoop for people to jump through in order to come to the UK – but the added security will be seen as a positive by some.

 

 

E-visas:

 

It is indeed the case now that the majority of applications from individuals seeking to work or study in (and for visa nationals to visit) the UK are now made online. This is positive for many reasons, one being that it is better for the environment. Further, it should reduce production costs and improve border security by greatly limiting the possibility of forgery or theft of documentation.

 

The Home Office has stated that the digital visa will allow them to know precisely when a migrant is in or out of the UK and the precise figure of migrants in this country. The information it contains will be shared between different governmental departments, so that they will know the relevant person’s immigration status immediately and their right to work, rent or access to NHS service.

 

We do believe that the E-visa system will help improve the accuracy of the Home Office’s immigration data;  but we are also aware of the growing competencies of online crime and forgery. The Home Office will need to be vigilant of any potential leaks or hacks into their system by implementing strong cyber-security across the entire framework.

 

What does the future bring?

 

In their announcement, the Home Office continue to describe how they will focus on digitising the immigration system, making sure it runs smoothly and efficiently via the use of data and cutting edge technology.

 

The overarching principles are stated as such:

 

  • Transform the customer experience through a simplified and streamlined system based on individual needs.

 

  • Maximise the benefits of having full control of our borders and being better able to know who is coming to the UK and leaving, and driving up compliance against terms of admission.

 

  • Use data and enhanced digital systems, building on the success of the EUSS, to underpin this transformation.

 

We feel positive about this aspect of the announcement, because an end to end digital immigration system, if implemented properly, will be secure and environmentally friendly. It will allow those who have been granted status to be clearly identified, meeting no resistance at the borders.

 

The only concerns we have are potential delays in inputting the correct information, meaning someone’s status is not uploaded, or a visa application is not handled as quickly as it should be. A completely digitised system is unlikely to leave any room for debate on such issues, and so it is vitally important that the correct information is entered into the system when it should be.

 

 

Universal Permission to Travel:

 

In what appears to be similar to the Electronic Travel Authorisation we mentioned above, the Home Office announcement explains that as part of a phased programme leading to 2025, a Universal Permission to Travel requirement will be introduced. It will require everyone wishing to travel to the UK (except British and Irish citizens) to seek permission in advance of travel. The Home Office claim that it will facilitate the passage of legitimate travellers, keep a wider range of threats away from the UK and allow Border Force officers to focus on persons of interest.

 

It appears that this is another security based focus, as the report states that universal permissions to travel, data and advanced risk analytics will allow Border Force Officers to focus on people who pose the greatest risk, with this examination likely to take place after the individual has been through the automated checks. It will allow the Border Force to focus mainly on those who pose the greatest threat from crossing UK borders.

 

Like Electronic Travel Authorisation, such measure is likely to be applicable to visa-free nationals only, as visa nationals will need to apply for entry clearance as before, which will place themselves under the Home Office’s scrutiny.

 

The full plan for the UK’s Immigration and Border system can be found here, along with Home Secretary Priti Patel’s speech on the subject.

 

 

What do we think?

 

There are aspects of this new guidance that we support, such as the improved digitisation of the immigration system, and the extra support available to sponsors. However, only time will tell if these changes will work in a wider sense, as there will now be greater limitations on who is able to come to the UK, and even those just coming to visit will have more hoops to jump through in the future.

 

Have questions? We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

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How to move homes under the current Unlocking 3.0?

Moving home has been possible during lockdown, but the moves have happened within rules that have been changing as we gradually take steps towards normality. As we move forward into Step 3 of the roadmap out of lockdown, where more social contact is permitted in certain situations, the government have once again updated the guidance on moving home. The latest guidance was published on the government website on 17 May 2021, and is now the active guidance that should be followed.

 

Of course, the general safety guidance still applies, such as frequently sanitising hands and wearing facemasks when coming into contact with others, but some more specific rules are now in place when it comes to viewings, moving belongings and how those working in the industry can operate as we take this step forward. The below information is essential for anyone looking to move home and those who will assist clients in their move, from conveyancers to estate agents and tradespeople.

 

Guidance for those moving home

 

Preparing to buy, sell or move home:

 

You are still able to market your home using estate agents and online services, so that people can see it is available. However, if you or any member of your household is showing symptoms of COVID-19 or is self-isolating, then estate agents and potential buyers should not visit your property in person.

 

  • You can market your home and estate agents can visit in order to take photos/videos of your property.

 

  • To help prevent the spread of infection, it is recommended that you carry out initial property searches online, and only visit a property in person when you are seriously considering making an offer on it.

 

  • If you wish to buy a new-build property, you should contact the developer. You should be able to make an appointment to view the show home or visit the particular plot you are interested in purchasing.

 

 

Viewings:

 

Wherever possible, virtual viewings should take place. Only once a virtual viewing has taken place should an in-person visit be made before finally making an offer. This will greatly minimise the potential for spreading coronavirus.

 

In person viewings must take place by appointment only, rather than the ‘open-house’ method where many people can come and view the house at the same time, and all in attendance must wear a facemask unless exempt. Social distance should be maintained while in the property. Different people can view the house on the same day, but their visits must be separated via allocated time slots. If you arrive and there are still people viewing the property you should wait until they have left before entering yourself.

 

If your property is being viewed, it is good practise to open all of the internal doors so that there is no need for anyone to touch the handles, and to provide hand sanitiser on entry.

 

Once the viewing has taken place, the occupant or agent should ensure surfaces, such as door handles, are cleaned with standard household cleaning products and towels disposed of safely or washed as appropriate.

 

Making offers and reservations:

 

The main point of difference when it comes to progressing with a move during the pandemic, is the heightened possibility of delays occurring. Delays can happen if someone involved in the deal, be it the purchaser or the seller, contracts coronavirus. This will mean they have to self-isolate and the move will be halted. This means that contracts and agreements must be as flexible as possible so that if delays do occur, one party is not punished for the completion being put off. It is worth checking that there is a clause / paragraph that accounts for any COVID-19 related delays before signing any form of contract.

 

Prospective purchasers or renters may wish to re-visit a property once they have agreed a sale; for example to measure up the rooms when thinking about furniture. Where this has been agreed to, the above advice on prioritising virtual visits, hygiene measures, maintaining social distancing at all times and mitigating contact where possible should be followed.

 

Purchasers may also want to arrange for tradespeople to carry out inspections in the property. Where possible these should be scheduled with one person visiting the property at a time. If anyone in the household contracts COVID-19 prior to a tradesperson visiting the property, this visit should be delayed. We will go into more detail regarding the role of tradespeople later in this article.

 

 

Moving belongings:

You are able to hire removals firms to help move your belongings from one place to another, but it is highly recommended that you get in touch with them in advance. Like any other business, removals firms may be operating in a reduced capacity, or may be booked up. Once you know you are moving into a new property, you should book a removal firm right away.

 

You and your household should also try and do as much of the packing yourself as possible. However, where you are using a removals firm, you may wish to get their advice on packing in advance, in particular the arrangements for packing fragile items. It is good practice to clean your items before and after they are handled by removal firm workers.

 

If removal firms are unavailable, another household can help you move your belongings, but social distancing guidelines and hygiene measures should be followed where possible.

 

While the removers are in your home, you should ensure any internal doors are open and try to minimise your contact with the removers, maintaining a distance of at least 2 metres where possible.

 

Guidance for industry workers

 

As is the standard practice, industry workers such as estate agents, conveyancers and removal workers should wear facemasks and maintain social distancing wherever possible. It is also a good idea to let potential customers know that you will be acting in-line with the COVID-19 guidelines.

 

Estate agents:

 

  • Estate agents are permitted to be open and active, but should always enquire before any party member is showing symptoms of COVID-19 before going ahead with any showings.

 

  • Inform those who they are showing properties to that they are required to wear a mask, as is standard procedure. Similarly, hand sanitizer should be used by everyone before and after they enter the property.

 

  • Where possible, encourage clients to view properties virtually before going there in person.

 

  • It is important that estate agents are flexible when arranging viewings and moving dates, and should always be agreeable when plans have to change due to coronavirus.

 

  • Keys should be cleaned with disinfectant spray or wipes before being handed over.

 

  • Agents should ask clients whether they have returned to the UK from one of the countries not on the exception list. If clients have returned from a country on the quarantine list, agents can continue to progress their home move virtually until the quarantine period is over.

 

 

Tradespeople:

 

Often, moving home will coincide with getting repairs done to your old and new houses. When the time comes to sell your current house before moving to a new one, it is likely that some work may be needed in order to get the best price on the property.

 

Tradespeople such as plumbers, electricians, locksmiths and builders are permitted to work. They, like everyone else, must follow the standard social distancing rules and wear masks, but in general they are permitted to work as usual, especially if they work by themselves or as a small team.

 

The main thing for any tradesperson to do before accepting a job is to receive confirmation from the client that no one in the house is displaying any COVID-19 symptoms.

 

More comprehensive guidance for specific tradespeople and companies can be found here:https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/homes

 

Conveyancers (like us!):

 

Our conveyancing team has been very busy handling a wide range of enquiries over the past few months. To keep our clients and our staff safe, we have been handling cases remotely where possible and have made sure that we are always easy to contact to answer any questions our clients may have.

 

When meeting clients, conveyancers should always ensure social distancing is possible and that masks are work for the duration of the meeting. We make sure to meet in rooms which are spacious enough to accommodate people within the appropriate distance.

 

This last point is very important, and is something that our team has implemented as a standard now. This is that conveyancers should always promote flexibility making provisions for the risks presented by coronavirus, for example when advising clients who are ready to move not to exchange contracts on an occupied property unless they have made explicit provision for the risks presented by the coronavirus. This is integral and can help prevent a vast amount of issues from arising in the future. It is essential for peace of mind.

 

 

What do we think?

 

We are happy to see things return to a slightly more normal state, and hope that as long as people stay within the guidelines we can continue on roadmap out of restricted life. We feel that the rules are reasonable and can be followed without too much effort.

 

As a business ourselves, with a large and active conveyancing team, we have seen first-hand the benefits of conducting yourself within COVID-19 guidelines. You only need to look at our Google reviews to see that our clients have been over the moon with the way we conduct ourselves. The main objective is to make everyone feel safe and that their case is being handled efficiently and successfully. To be COVID-secure is to be professional, so if a business wants to act in a professional manner, they should follow the guidance listed above.

 

Have questions? We are operating as usual!

 

We are ready to provide you with a fantastic legal service and there are many ways for you to contact us!

 

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/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

Links to download below:

 

iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1

 

Android: https://play.google.com/store/apps/details?id=com.lisaslaw

 

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