Coronavirus Crisis – Your Rights as a Worker

Coronavirus is at the front of everyone’s mind, and has been for some time.

Schools have been closing across the UK over fears that pupils and staff have been exposed to the virus, either from being on holiday in affected countries or contracting it from those around them.

The virus has now fully spread into Europe, with the Foreign Office warning against all but essential travel to 11 quarantined towns in Italy. A hotel in Tenerife has also had to quarantine its guests after an outbreak of the virus occurred, meaning hundreds of guests are on lockdown.

Closer to home:

The UK has 85 confirmed cases and this number is expected to grow exponentially over the coming days and weeks. Britain’s Chief Medical Officer, Professor Chris Whitty, says that an epidemic in the UK is now likely.

The continual spread will mean people taking time off work and school in order to self-isolate, or avoid catching the disease altogether, which will affect the UK in a number of ways.

Schools out:

Schools across the UK have closed due to the coronavirus, with more likely to follow suit. Two of the schools which were quick to close their doors, Cransley School in Northwich, Cheshire, and Trinity Catholic College in Middlesbrough did so because pupils had returned from Italy, where more than 2,000 people have now tested positive for the virus. Pupils had been on a skiing trip in the Alpine Champs 2020 in the Italian Alps, and had begun to show flu-like symptoms.

If children are not able to go to school, someone will have to look after them, which oftentimes will mean parents staying home instead of going to work.

Will parents still be paid if they have to stay home to look after children?

If your child’s school is closed or another situation arises where you must look after them at short notice, your employer may have to give you time off to do so. You probably won’t be paid for it, however, unless that’s a perk in your contract.

It extends to other dependants too, including a domestic partner or parent.

If you can work from home, this may be a significant advantage, and it is expected that working from home will be encouraged by the government in the coming weeks.

What about if I am self-isolating?

This is a tricky one and will largely depend on the nature of the company you work for. A lot of companies will have it in their employees contracts that when they are sick they will still get paid. On the other hand, some will not.

Self-isolation is not as simple as this, as in most cases the person self-isolating is not actually sick, rather they are trying to avoid becoming sick. This may mean that they are not entitled to the sick pay laid out in their contracts. The decision will be down to the employers, and what they assess to be the reasonable thing to do.

The Department for Work and Pensions have urged employers to use “discretion and respect” when making decisions about sick pay for people in self-isolation.

Statutory sick pay

Boris Johnson has today announced that Statutory Sick Pay will be issued to those self-isolating due to the corona virus and it will be from the first day of self-isolation, instead of the third, as initially announced. This is a big step made by the government to encourage people to stay home from work and stop the virus from spreading further.

Contact us

We understand that the coronavirus outbreak comes with frustrating and sometimes confusing consequences. If you need any advice about your legal rights during this outbreak, please get in contact on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Coronavirus battle plan in the UK

Current data on the coronavirus (COVID-19) shows that everyone in the UK is susceptible to catching the disease and more likely than not it will have a massive effect on how the country operates.

The vast majority of those who catch coronavirus will experience mild to moderate symptoms, but it is highly infectious and the elderly and those who suffer from existing illnesses are at greater risk of severe symptoms and even death.

Children can be infected and can have a severe illness, but based on current data overall illness seems rarer in people under 20 years of age. So far, there has been no obvious sign that pregnant women are more likely to be seriously affected.

It is possible that the virus could spread at waves at a time.

As it is a new virus to humans, we have no natural immunity to it.

The Four Point Plan

The following four points are outlined in the UK’s plan:

Contain: detect early cases, follow up close contacts, and prevent the disease taking hold in this country for as long as is reasonably possible.

Delay: slow the spread in this country, if it does take hold, lowering the peak impact and pushing it away from the winter season.

Research: better understand the virus and the actions that will lessen its effect on the UK population; innovate responses including diagnostics, drugs and vaccines; use the evidence to inform the development of the most effective models of care.

Mitigate: provide the best care possible for people who become ill, support hospitals to maintain essential services and ensure ongoing support for people ill in the community to minimise the overall impact of the disease on society, public services and on the economy.

How can the public help?

The Department of Health and Social Care have released some guidelines that everyone can follow:

KEEP WASHING YOUR HANDS! This is the big one, be sure to wash your hands frequently, especially after travelling. Use very warm or hot water and wash them for at least 1 minute.

Check on elderly friends, relatives and neighbours to make sure they are alright.

Follow the latest FCO travel advice before making plans to travel: https://www.gov.uk/foreign-travel-advice

Use the NHS number 111 responsibly, and only going to the hospital if you really need to. More guidance on this here: http://www.nhs.uk/using-the-nhs/nhs-services/urgent-and-emergency-care/when-to-go-to-ae/

Accepting that people may need to self-isolate.

Image Source: BBC, NHS

What are the people at the top saying?

Boris Johnson has said schools should stay open “if possible” and follow advice from Public Health England, however many parents are keeping their children at home if they are around to look after them.

Evidence suggested children were less likely to be infected and they were more likely to get mild symptoms, England’s chief medical officer Prof Chris Whitty added.

Closures of schools would also bring “a considerable burden”, including on the NHS, as workers would need to stay at home to look after their children.

Mayor of London Sadiq Khan said there were currently no plans to postpone the London Marathon nor to restrict public transport.

Other measures in the plan include:

Hospital discharges could be monitored to free-up beds, with appropriate care given in people’s homes.
Helping businesses with short-term cash flow problems, including giving them longer to pay bills.
A “distribution strategy” for the UK’s stockpiles of key medicines and equipment such as protective clothing, which will cover the NHS and could extend to social care.
All government departments are to have a lead person for coronavirus.

If the virus continues to spread:

Companies should encourage staff to work from home where possible.

In a “stretching scenario”, it is possible that up to one fifth of employees may be absent from work during peak weeks.

Everyone will face increased pressures at work, as well as potentially their own illness and caring responsibilities. Supporting staff welfare “will be critical” for businesses.

The UK has stockpiles of medicines for the NHS, plus protective clothing and equipment for medical staff.

We will keep you right up to date with how this progresses!

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Coronavirus ‘very likely’ to be a significant challenge for UK says Boris Johnson

Widespread transmission of coronavirus in the UK is now “highly likely”, Public Health England (PHE) has said.

Director for Health Protection Paul Cosford said the country must be prepared.

What’s the global situation?

The number of people killed worldwide by the coronavirus has exceeded 3,000, with China reporting 42 more deaths. More than 90% of the total deaths are in Hubei, the Chinese province where the virus originated late 2019.

There have also been deaths in 10 other countries, including more than 50 in Iran and more than 30 in Italy.

In total, there have been almost 90,000 confirmed cases globally, with the numbers outside China now increasing faster than inside China.

How is the UK reacting?

The government has said its plan if the outbreak worsens could include asking recently retired doctors and nurses to return to the NHS to help alleviate the stress on those working in hospitals currently.

People could also be urged to work from home – and closing schools and cancelling major public events have also not been ruled out.

The prime minister will chair a meeting of the government’s emergency Cobra committee later, after the number of UK coronavirus cases jumped to 36.

Senior ministers and health advisers will be told that the virus will present a “significant challenge”.

A four phase plan

The UK is still in the “containment” phase of the outbreak – one of four phases of the government’s plan:

Containment – caring for any infected people and identifying their close contacts
Delay – deciding what actions to take to slow down the spread
Mitigation – damage limitation if the virus spreads widely
Research – constant and ongoing work to inform the three other phases

Viruses like this one cannot live for very long outside the body, so it is widely agreed that you cannot catch coronavirus from food, letters or parcels.

A reminder of the symptoms:

The new coronavirus – often referred to as Covid-19 – seems to start with a fever, followed by a dry cough and then, after a week, leads to shortness of breath.

If you think you might have the virus, contact the NHS on 111 immediately.

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No visas for lower skilled workers from 2021– how will this affect the UK?

Low-skilled workers will not get visas under post-Brexit immigration plans, the Home Office have revealed. This will come into effect on 1 January 2021.

The reason for this move is to decrease net migration to the UK, which has been high on the Conservative agenda for some time, and to try to use people already in the UK to fill job roles in lower skilled areas instead of using so called ‘cheap European labour’.

It is worth noting that jobs that the government consider to be lower skilled, but appear on the Shortage Occupation List, such as nurses, will still be able to be taken by qualifying migrants.

The Home Office said EU and non-EU citizens coming to the UK would be treated equally after UK-EU free movement ends on 31 December 2020.

Priti Patel’s reasoning:

Home Secretary Priti Patel has been keen on reducing immigration for some time now, and has said the immigration systems in the UK before this new one have allowed cheap low skilled labour to be the dominating force.

Patel also says that the eight million 16 to 64-year-olds are “economically inactive”, and that this new system will encourage businesses to reach into this existing pool already present in the UK and employ from there. Also, there is the EU Settlement Scheme which has had over 3.5 million EU citizens apply to stay in the UK, who Patel also says can help fill these low paid roles.

Will it be beneficial?

There are a lot of different opinions being voiced after the announcement was made about lower skilled workers being unable to get visas; it is a topic which has lit a fire in many people’s bellies.

While the number of people that the Home Secretary says are economically inactive is correct according to the most recent Office for National Statistics (ONS) report, it has been highlighted that the majority of the eight million have viable reasons for being out of work, including illness and carer duties.

Sectors which could be at risk:

The healthcare system:

Nick Triggle, healthcare correspondent for the BBC, has highlighted the fact that foreign nationals currently make up a sixth of the 840,000 care workers in England. The majority of people employed by the sector are low-paid care workers. They are responsible for providing daily help to older and disabled adults in care homes and the community.

Foreign workers make up a sixth of the 840,000-strong care worker workforce in England at the moment, but that number could be taking a hit with these new rules. As many of these workers do not hold A-level equivalent qualifications, or earn a high enough wage, they will likely fail to meet the point’s threshold set by the Home Office.

The building industry:

Figures from the ONS show that EU nationals make up a significant portion of the construction workforce; around 8 per cent of all construction workers in the UK and a massive 28 per cent in London.

Another factor is age. ONS figures show that in 2011, one in every five UK-born construction workers was aged over 55 – meaning that by 2021, those people will nearly have reached retirement age. This could coincide with any limits on migrant construction workers becoming apparent.

Hospitality sector:

UK Hospitality Chief Executive Kate Nicholls called the lack of low-skill visa route “disastrous” for the hospitality sector, pointing out this was due to go ahead in ten months and saying business must be given time to adapt.

Emma McClarkin, chief executive of the British Beer & Pub Association, said the points-based immigration system would present significant challenges for the pub sector, again highlighting how there is a massive amount of EU citizens who are ‘ready to go’ in the hospitality industry, whereas UK citizens are less attracted to that kind of work.

What does Lisa’s Law make of this?

The main reason for these changes is to attract medium to high skill level migrants to the UK, instead of the large amounts of lower skilled ones that have been coming in recent years, that is clear to see.

However, we do think that Priti Patel may be incorrect in parts. For example:

The so-called inactive 8m workers have in reality been assessed to be medically unable to work by DWP before they are offered public support. They do not all simply get a free pass to not work for no reason, there are methods in place to make sure of this.

These people will not become economically active overnight, simply because the Home Office has changed its immigration systems, unless the government changes definition on disability under the welfare laws as well, which would lead to much controversy.

It may be true that the registered 3m EU workers can do low-skilled jobs (many of them are doing high skilled ones as well), the majority of them are not idle. They are working. It will likely be a challenge to replace these EU workers who are leaving due to Brexit, and the lack of visa will prevent new people from coming. There is bound to be some sort of shortage of workers in this bracket.

You can read our full report of the latest immigration changes here:

No cap on applications – UK’s new immigration system treats EU and non-EU citizens equally

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Blue passports make a comeback!

Many of us have grown used to the burgundy passports which were first introduced back in 1988, and indeed for Britons under the age of 32 they have been the only colour ever available.

That is all about to change now that the UK has left the European Union, and the first of this new blue batch will be issued and delivered early next Month, reinstating the classic look which was originally rolled out in 1921.

Home Secretary Priti Patel has spoken of how happy the reversion to the blue passport has made her:

“Leaving the European Union gave us a unique opportunity to restore our national identity and forge a new path in the world.

By returning to the iconic blue and gold design, the British passport will once again be entwined with our national identity and I cannot wait to travel on one.”

Any other changes beside the colour?

As well as the colour change, the new passport is also better for the environment in terms of its production, with the carbon footprint produced through manufacture being reduced to net zero, through projects such as planting trees.

The passport will also have double the artwork as the back cover will also carry its own symbolic design – the floral emblems of England, Northern Ireland, Scotland, and Wales. This is a first for a British passport.

The latest technology

The new passport will possess a whole host of superior security features including a hard-wearing, super-strength polycarbonate data page, which contains innovative technologies embedded into the document, to keep personal data secure.

It also includes the latest and most secure printing and design techniques, which means it offers better protection against identity theft and fraud and will be extremely difficult to forge successfully.

Standard passports will continue to contain 34 pages. Frequent traveller ‘Jumbo’ passports will now contain 54 pages.

Can I still use my burgundy passport?

Those with valid, burgundy passports can continue to use their passport for travel until it expires.

However, everyone must now take into consideration the new EU rules surrounding UK passports. Countries in the EU will treat a UK passport that has been valid for 10 years or more as expired, from January 2021. Always check how long you have had your passport before travelling.

Similarly, if a passport has less than 6 months left until it expires, many EU countries will not allow entrance.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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No cap on applications – UK’s new immigration system treats EU and non-EU citizens equally

Home Secretary Priti Patel has announced more details of the UK’s “brand new” immigration system today (19/02/19), which will take full effect on 1 January 2021, which the government has said will open up the UK to the brightest and the best from around the world.

Interestingly, rather than being branded as an Australian style system, this new system in many ways remains much more similar to the current Tier 2 (General) system. The Home Office is, however, trying to be more inclusive and flexible, and non-EU applicants and EU applicants will all be treated exactly the same way.

Important things to know:

The start of this new system will mark the end of free movement in the UK
It will be a points based system, meaning points will be assigned to each applicant based on skills and merits
Migrant workers will need to be sponsored by employers as it will be an employer-led system

How will the points aspect work?

Similar to the current Tier 2 system, applicants will need to get a job offer from an approved sponsor (employer), meet a certain skill level, demonstrate a certain level of English and earn at least the minimum salary.

The below table gives a clear indication of what type of skills or circumstances the Home Office will look at, and the amount of points on offer for each of them.

Bear in mind that to begin the application process, individuals must have at least 70 points.

There are a few things we can tell from this – the most obvious is that the more money a person will be earning, the more desirable they generally are.

However, the ‘tradeable’ aspect is interesting. Based on this we can see that there is some room for compromise in certain cases. For example, a university researcher in a STEM (science, technology, engineering, and mathematics) subject wishing to come to the UK on a salary of £22,000, (which is below the general minimum salary threshold), may still be able to enter the UK if they have a relevant PhD in a STEM subject.

Similarly, a nurse wishing to come to the UK on a salary of £22,000 would still be able to enter the UK on the basis that the individual would be working in a shortage occupation, provided it continues to be designated in shortage by the MAC (Migration Advisory Committee).

The MAC will be commissioned to frequently check and update the Shortage Occupation List.

Skilled work – an improvement for migrants?

Sponsored workers coming into roles that require certain academic qualifications or skills will still require a job offer and be able to pass an English language test. However, the skill level required of them has been reduced from level 6 (degree level) to level 3 (A-level equivalent).

This is an important change, as it will make a lot more job roles available for people to apply to. For example, a level 6 role could be a Creative Director of a company while a level 3 role could be a regular managerial role. Therefore, this change will open up a lot more opportunities for people to apply for positions.

There will still be a minimum salary required for a work visa. The headline salary threshold has been reduced to £25,600, in line with the Migration Advisory Committee’s recent recommendation. But it won’t be the absolute minimum: some workers earning between £20,480 and £25,600 would still be able to get a visa if they are highly qualified or working in shortage jobs, as demonstrated in the examples above.

So, to be completely clear on minimum salary thresholds:

Applicants to roles on the Shortage Occupation List – £20,480
Applicants who have PhDs in science, technology, engineering or mathematics (STEM) – £20,480
Applicants for people with non-STEM PhD’s – £23,040
Applicants who have none of the above characteristics – £25,600

Please bear in mind that applicants will still need to be paid the higher of the specific salary threshold for their occupation, known as the ‘going rate’.

There will be no cap:

There will be no cap on the amount of applicants the Home Office will take. If a person can meet the requirements, they will be able to apply for the role. This, of course, will increase how many people apply and will potentially lead to more roles in the UK being filled by migrants who meet the requirements.

Lower skilled workers – completely snubbed?

Perhaps the most significant change to come with these new rules around immigration is the total lack of route for people coming to fill lower-skilled job roles. Instead, the Home Office has asked businesses and employers in the UK to look at the possibility of filling these from inside the country rather than relying on foreign help. This has been presented as an opportunity to improve staff retention, productivity, and wider investment in technology and automation.

Many people are worried about the impact this will have on high street jobs in shops and cafes, let alone factories.

Labour and the Liberal Democrats also condemned the plans while Unison, which represents health workers said they “spell absolute disaster for the care sector”.

An interesting move perhaps unsurprising given the voting history of the current Home Secretary and the result of Brexit. We will have to see how it plays out in the future.

EU Settlement Scheme to the rescue?

The Home Office has been singing the EU Settlement Scheme’s praises since its inception (unsurprisingly, as they are the ones who invented it), saying that over 3 million EU natives have already applied to stay in the UK through it.

This is what the Home Office sees as its pool of workers already in the UK who can fill the positions that are causing some people to worry about, such as waiters, cleaners and manual workers.

Highly skilled workers

From January 2021, the Home Office will extend the current Global Talent route to EU citizens on the same basis as non-EU citizens. You can read all about the Global Talent route in our recent article here: Exceptional Talent now becomes Global Talent in the UK

Essentially, the most highly skilled, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by a relevant and competent body.

This scheme has recently been expanded to be more accessible to those with a background in STEM subjects who wish to come to the UK.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Exceptional Talent now becomes Global Talent in the UK

There is a new name given to the Exceptional Talent visa category – it will be called the Global Talent route under Tier 1 from 20th February 2020 onward. This will replace the Exceptional Talent route. This category is mainly targeted for individuals in the fields of Science, Engineering, Digital Technology and Humanities with the aim of improving key areas of the UK economy academically.

This route is has come under criticism due to its severe strictness and restrictions. It is often difficult for an applicant to execute the requirements to be successfully eligible for this category, paired with a limited number of endorsing bodies for the endorsement process involved with this visa.

How different is Global Talent to the Exceptional Talent?

The Global Talent route will not have any limitation or cap on the number of applicants or individuals entering in the UK under this criteria, however there will be a designated shortlist of the endorsing bodies. These bodies will only be able to recommend individuals but only the most promising and talented ones will be accepted for this type of visa. It is aimed at a higher pool of applicants compared to the Tier 1 Exceptional Talent.

Are there any benefits of this category at all?

These visas will be managed by the Home Office as well as designated endorsing bodies such as the UK Research and Innovation Agency (UKRI). The aim is to ensure that suitable and eligible candidates are quickly assessed and fast-tracked by those qualified to assess their credentials rather than immigration officials. This route had been designed to attract the most talented and promising professionals in the field of science, mathematics and culture, who wish to enter the UK on the merit of their academic skills and experience.

This route had been designed to encourage not only the talents from the scientific community such as scientists, mathematicians, engineers and researchers to relocate to the UK, but also for the talents in the fields of arts and culture, including film, fashion, television, architecture and design.

This is a unique opportunity that UK employers must be on the look out for and take advantage of, as it is going to be an alternative to hiring a skilled migrant under the Tier 2 (General) visa category. Migrant workers under this category will not require a special or different sponsorship at all from the Tier 2 Sponsor, therefore it is a rather straightforward process to swap or switch in-country to this route. This saves on costs and immigration health surcharge as well.

Objective and Benefits of the Global Talent route

The main basis of this route is to encourage a greater range of talents to apply under the route as such, the route offers considerable flexibility to the candidates compared to the other UK immigration categories:

There is no minimum salary requirement threshold to be met
There is no English requirement to be met
This route also leads to the settlement after 5 years (or 3 years if qualified) in the UK
The dependants can also join the main applicant
This route also allows in-country extension and switch over to other categories in the UK

Is the Procedure for the application simple?

The process for this application is somewhat similar to the Exceptional Talent route, whereby the applicants must obtain an endorsement letter from one of the Home Office designated bodies relevant to their professionalism. Some examples are Tech Nation, Royal Society, The British Academy, UK Research and Innovation (UKRI) The Royal Academy of Engineering and Arts Council, England.

These endorsing bodies will have to assess the application and endorse them upon their satisfaction of the documentation and evidence provided in support of the application, this can be made use of at the time of making the application once the endorsement process is successfully completed and endorsed with a letter or certificate.

This category will invite skilled and talented professionals to the UK, hopefully bettering the economy.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Coronavirus: immigration guidance if you’re unable to return to China from the UK

Coronavirus has been at the front of everyone’s mind over the past few weeks. It is a scary situation when an illness like this one begins to spread, and it is very easy for people to start thinking the worst and panicking.

One thing that has been done to reduce the spreading of coronavirus is the limitation on travel to and from China, the country where the virus is thought to have originated.

Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom.

Subject to the below guidance which is taken from the Home Office’s website, most people in the UK whose immigration status is affected by the coronavirus outbreak will get an automatic extension of their visa until 31 March 2020.

Coronavirus Immigration Helpline

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)

Calls are free of charge.

Email: CIH@homeoffice.gov.uk

We will keep you up to date with any more changes that are announced. In the meantime here is the contact information should you have any questions or worries about the coronavirus.

Coronavirus Immigration Helpline

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)

Calls are free of charge.

Email: CIH@homeoffice.gov.uk

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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British travellers may be turned away from airports due to this new rule!

British travellers looking to visit countries in the European Union will have to jump a new hurdle due to Brexit, the Home Office has confirmed.

During the transition period for the remainder of 2020, UK passports are valid for travel anywhere in the EU up to and including the date of expiry.

However, tough new rules will come into effect on 1 January 2021, which mean that a traveller whose British passport has almost 15 months to run could be turned away from the airport.

HM Passport Office has issued a notice stating: “You’ll need to have at least six months left on an adult or child passport to travel to most countries in Europe.”

This is in keeping with the European Union’s strict rules on passport validity for travellers visiting from outside the EU – which now includes the United Kingdom.

Once a UK passport has been valid for 10 years or more, the EU will consider it expired.

Be sure to double check the date on your passport before you book your holidays to avoid any last minute problems!

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If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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Property dispute handled excellently at Lisa’s Law

We recently navigated our way to success in a particularly challenging litigation case, whereby the defending party used various tactics to confuse and delay legal proceedings from taking place. While, as legal practitioners, this can make for frustrating work, it is all the more satisfying when that work pays off and our client is left fully satisfied and victorious after a long fought legal battle.

The case in question

The client we represented (we will refer to him as Mr Park) is a property owner, who had been renting out his property to Ms Ream (name altered for confidentiality purposes). The type of agreement between them was a commercial tenancy with ‘service accommodation’ provided to the company staff. Ms Ream had been using the property to operate her on business out of, which interestingly was a property management company.

The trouble started when Ms Ream stopped paying rent to Mr Park. The eventual amount he was owed was over four months-worth.

What can be done?

There are two options for Mr Park in this case. He can attempt to recover possession of the property by way of a Court Order if they do not get a court order and the tenant is evicted, they will have to pay compensation to tenant for vacating the property if tenant clears rent arrears (pay what is owed). The second option would be to demand rent arrears, but doing this waives their right to evict the tenant.

Mr Park came to us for advice, and we quickly started work on obtaining a Possession Order on his behalf.

What is a Possession Order?

A possession order is an instruction given by a court that tells a tenant when they have to leave a property. It’s usually made at a possession hearing.

In most cases, a landlord must get a possession order if they need to evict a tenant. Tenants can only be evicted without a possession order if they are an excluded occupier.

There are 2 types of possession order:

outright possession order
suspended or postponed possession order

In brief, an outright possession order means a tenant must leave the property by a certain date. The date is usually 14 days after the order is made.

A suspended possession order means that a tenant can stay in their home as long as they keep to certain conditions. These conditions are explained on the court order and will vary from case to case.

Deceptive tactics from the defendant

When we began work on this case it became clear that Ms Ream had already taken steps to confuse the tenancy agreement. For example, the tenancy agreement had been made out to a slightly different company name to the official name, which can cause validity issues with claims and proceedings as the company name must be accurate to show its identity, and even her own name had been altered on various documents.

On top of this, Ms Ream also tried to counterclaim for unlawful entry, trespass and breach of quiet enjoyment during her time at the property when Mr Park indicated possession proceedings. These were all unfounded and dismissed by the court due to significant lack of evidence.

Potential outcomes of Possession Orders

A Possession Order issued by the court will legally force the tenant to vacate the premises. If the situation between landlord and tenant does not change, there is little the tenant can do to dispute this.

However, if the rent arrears are paid up, the Possession Order will have no effect. Or if the rent arrears are paid up after the date for possession, the tenant can still apply for relief from forfeiture for the lease to be reinstated, unless a new tenant is put into occupation or the property is sold promptly.

Success for us and our client!

After some great legal work by the caseworker in our litigation team assigned to this case, a possession order was obtained from the court and Mr Park was able to reclaim his home from Ms Ream. This was achieved by their meticulous and pain staking approach in analysing the documents provided, researching the law, investigating the facts and seeking specialist Counsel’s advice on merits, before taking any legal action. Caution was particularly exercised in view of the tenant’s behaviour and tactics to refuse to pay rent and to refuse to vacate the property.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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News and Insights

Closer to home:

Schools out:

Will parents still be paid if they have to stay home to look after children?

What about if I am self-isolating?

Statutory sick pay

Contact us

The Four Point Plan

How can the public help?

What are the people at the top saying?

Other measures in the plan include:

If the virus continues to spread:

What’s the global situation?

How is the UK reacting?

A four phase plan

Priti Patel’s reasoning:

Will it be beneficial?

Sectors which could be at risk:

What does Lisa’s Law make of this?

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Any other changes beside the colour?

The latest technology

Can I still use my burgundy passport?

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Important things to know:

How will the points aspect work?

Skilled work – an improvement for migrants?

There will be no cap:

Lower skilled workers – completely snubbed?

EU Settlement Scheme to the rescue?

Highly skilled workers

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How different is Global Talent to the Exceptional Talent?

Are there any benefits of this category at all?

Objective and Benefits of the Global Talent route

Is the Procedure for the application simple?

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Coronavirus Immigration Helpline

Coronavirus Immigration Helpline

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The case in question

What can be done?

What is a Possession Order?

Deceptive tactics from the defendant

Potential outcomes of Possession Orders

Success for us and our client!

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