More Brexit confusion – what is happening with free movement?

The Home Office has hinted that EU free movement rules will end immediately if there is a no-deal Brexit on 31 October, sparking mass confusion and offering no concrete information.

This change could affect the rights of EU citizens who arrive in the UK from November onward.

Former Prime Minister Theresa May was considering two options to prolong the rules, which allow EU nationals to live and work freely in other countries in the bloc, under no deal.

One option was for the rules to be extended until January 2021, and another was to allow EU citizens to stay for three months before applying for a longer stay. A sort of transitional period.

However, new Prime Minister Boris Johnson has dropped these plans in favour of a new approach to be set out at a later stage.

Speaking on Monday, Mr Johnson said the UK would not “become hostile to immigration,” but it would be “democratically controlled” after Brexit.

The Home Office said EU citizens currently living in the UK would still have until December 2020 to apply for the right to remain under its settled status scheme.

So what does this mean, exactly?

In a no-deal scenario, those EU citizens with the right to permanent residence in the UK – which is granted after they have lived in the UK for five years – should see no change to their situation.

EU nationals who are already in the UK can apply for settled status or pre-settled status in the same way as now.

A spokesperson for the Home Office has said “EU citizens and their families still have until at least December 2020 to apply to the EU Settlement Scheme,” which would grant them legal status in Britain after Brexit.

An end to freedom of movement would not affect those EU citizens coming for holidays and short trips, but would impact those who wish to work or study in the UK.

The changes to freedom of movement will not directly affect Irish citizens.

However, the news of a possible sharp end to free movement without the transition period envisaged under Theresa May’s administration provoked concern about how at least 2.6 million EU nationals who have yet to apply for settled status/pre-settled status would prove they are in the UK legally.

Time is of the essence:

Many believe the biggest challenge facing the Home Office is the significant lack of time they have to sort out this issue. Joe Owen, the program director on Brexit at the Institute for Government, a London-based think tank, has been quoted saying:

“You cannot change the migration system … and not have a plan for how you replace it within 10 weeks. It’s really not clear how on earth they plan to get this through.”

More confusion:

It is the ever present uncertainty of Brexit that is worrying many EU international’s living in the UK more than anything else. Some of them who have yet to apply are worried about their right to NHS treatment or employment being questioned. Some are also concerned about how they would prove they have the right to live in the UK if they travel abroad.

Around 1 million EU nationals living in the UK have already applied for settled status, but at least a further 2.6 million have yet to apply.

Under Britain’s current immigration system, EU nationals who live and work in the country don’t require any documentation apart from a valid passport. As a result, there is no formal government registry of those who have exercised their free-movement rights to live and work in Britain.

If freedom of movement were to end tomorrow, or in two months, there would be no way for the British government to distinguish between the EU nationals who are eligible to stay in the country and those who have newly arrived. The only ones they can account for are the one million EU nationals who have already applied for settled status through the government’s EU Settlement Scheme.

Naturally, there was some serious qualms about the absence of definitive information about what kind of documents people might need to take with them if they were to travel abroad, returning after 31 October. The Home Office have simply said that more information will be revealed in the coming weeks.

Watch our video about the EU Settlement Scheme here.

Be sure to follow Lisa’s Law to get updates on this issue, and if you are after legal advice we call us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Living together vs Marriage – legal rights breakdown.

In the eyes of many people around the world, marriage does not have to be synonymous with love. Millions of people live together, have children and do all the things married couples do without ever tying the knot. Of course, on the reverse side there are people who see marriage as a very important part of expressing love for their significant other, and want their lives to be joined in an officially recognised way, having dreamed about their wedding day since early childhood.

But from a legal perspective there are some massively important differences between a couple being married and just being together. Sometimes it is easy for people who are not married to be caught out by rules or regulations that only benefit married couples, and of course marriages are harder to legally walk away from than, let’s say, simple cohabitation.

Let’s take a look at how being married or just being a long term couple can affect certain situations:

Finances:

Living together:

When couples are living together it is often the case that they will have separate bank accounts which only they as individuals have access to. If one partner should sadly pass away the remaining partner would not have access to the deceased person’s account, unable to be accessed until the estate is settled.

If there is a joint account that both partners have access to then the contents of that account will belong to both people should the relationship end. It would be up to the couple to decide, probably based on the logic of how much each person paid into it, how to split the amount between them both.

If the account is in joint names, on the death of one partner, the other partner becomes entitled to the balance and can continue to have unlimited access to the account. However, a proportion of the balance will be taken into account when calculating the value of the estate of the person who has died.

If you separate from your partner, you should consider closing an account in joint names to avoid your partner spending money that isn’t theirs, leaving you to handle the payments.

Married couple:

If a married couple share a single account, the money in that account belongs to both people regardless of who put it into the account. Should one partner die, the money automatically belongs to the other partner. Debts and overdrafts relating to a joint bank account will be the responsibility of both or either partner, no matter which partner is responsible.

If each partner in a married couple has a separate bank account and one dies, the bank may allow the other partner to withdraw the balance providing the amount is small.

Similar to those living together, on separating from your partner, you should consider closing an account in joint names to avoid your partner accessing the funds or running up debts which will be your responsibility.

Children:

No matter if you are married or not, people with parental responsibility are entitled to have a say in important decisions about a child’s life such as the child’s home, health, education, religion, name, money and property.

Contact with the kids after separation can be sorted out by the parents, informally. For example if both parties are happy to split the time with the children evenly, then that’s great and is far less stressful for everyone involved.

However, if this isn’t possible, you can apply to the court for a child arrangements order.

Financial support of children is the responsibility of both parents. The father is just as responsible even if he is neither living with the mother nor named on the child’s birth certificate.

The father can be contacted by the Child Maintenance Service for maintenance if he is not living with the mother. Similarly, if the child lives with the father, the mother can be contacted. Both same-sex parents are responsible for financially supporting their children if they are the children’s legal parents and can be contacted by the Child Maintenance Service for maintenance.

In the case of parents who live together but are not married, either one can appoint a guardian to act on their behalves should they die. With married couples, either parent can appoint a guardian to act in the event of both parents dying.

Concerning inheritance, even if there is no will, the child of unmarried and married parents has a legal right to inherit from both legal parents and the families of both parents.

Both married and cohabiting couples can apply for adoption.

Living Arrangements:

Living together:

If you are the unmarried partner of a tenant, whether in private or social housing accommodation, you will usually have no rights to stay in the accommodation if the tenant asks you to leave. It is therefore advisable for partners who are living together to be joint tenants, as this gives them equal rights and responsibilities.

Married:

Both married partners have the right to live in the matrimonial home. It does not matter in whose name the tenancy agreement was made. This applies unless a court has ordered otherwise, for example, in the course of separation or divorce proceedings.

Benefits and legal aid:

When one partner of a couple is assessed for legal aid, the other partner’s income and capital are usually taken into account.

However, this will not be the case if:

there is a conflict of interest between you, for example, you are on opposing sides in the court case, or
you live apart and at least one of you considers the relationship to be over.

Death and Inheritance:

Living together:

If one partner dies without leaving a will, the surviving partner will not automatically inherit anything unless the couple owned property jointly. As an unmarried couple, you need to make wills if you wish to make sure that the other partner inherits.

If one partner dies without leaving enough in their will for the other to live on, the surviving partner may be able to go to court to claim from the estate.

If you inherit money or property from an unmarried partner, you are not exempt from paying inheritance tax, as married couples are.

Married couples:

When your married partner dies, you will inherit under the will of the dead partner if it makes provision for you.

If either married partner dies without making a will, the other will inherit all or some of the estate.

Domestic Violence:

No matter your marital status, you can go to court for an order to protect yourself and your children if your partner is violent. The court can order the violent partner to leave the home for a certain period of time and, if the court order is not obeyed, the violent partner can be arrested.

Tax:

Living together:

If you are unmarried, you are taxed separately. Each partner is entitled to a personal allowance when calculating how much income tax they must pay.

Marriage:

Spouses are taxed independently and each partner can claim a personal allowance. Where at least one person in a married couple was born before 6 April 1935, a married couple’s allowance can be claimed as well as the personal allowance.

You can find more detail about the legal differences that being married or not has on couples here.

We can learn from a real life story as well:

Gill Lavery’s fiancé Paolo died suddenly in July 2017, after eight years together. The pair had a toddler son and were planning a second child at the time. Gill was then catapulted into ‘bureaucratic nightmare’ because they were not married.

Gill was not automatically entitled to any of Paolo’s, estate and really struggled, amidst the grief, to care for her young son.

She said:

“Legally, our relationship meant nothing. I’d always believed we were ‘as good as’ married. But despite widespread use of the term, there is no such thing as common law marriage in Britain — and when Paolo died, I had no rights at all.

Data released yesterday by the Office for National Statistics revealed cohabiting couples are the fastest growing type of family in the UK, with 3.4 million couples living together without being married or civil partners.

Other research has shown only 26 per cent of them have made wills.

It happened to me — and it could happen to you, too, if you are part of a family and don’t get married.”

So, what can we learn from these differences?

It is better to be prepared for the worst rather than dealing with the consequences of misfortune and wishing you had acted differently in hindsight.

Set up a will!

Massive amounts of our lives are spent working to provide for ourselves and our loved ones. You may have a house or flat (in the UK or overseas), shares, savings, investments as well as your personal possessions. All of these assets are your ‘estate’. Making a will ensures that when you die your estate is shared according to your wishes.

Everyone should have a will, but it is even more important if you have children, you own property or have savings, investments, insurance policies or you own a business.

No matter if you are married or cohabiting, you should definitely have a will made up to ensure your loved ones are looked after. We can do this at Lisa’s Law and have tonnes of experience, making sure it is done exactly how you want down to the last detail.

Cohabitation agreements are very helpful:

A cohabitation agreement is a legal document between unmarried couples who are living together. It sets out arrangements for finances, property and children while you’re living together and if you split up, become ill or die.

You can make an agreement at any time. It’s good to do it before you move in together. But you may want to consider one if you decide to have children or get a mortgage.

Without one you do not have many rights, and certainly it makes it harder for the courts to deal with splitting estates compared to married couples.

Reasons for setting up a cohabitation agreement:

a share of each others’ assets
access to each others’ state pension
next of kin rights in a medical emergency

Lisa’s Law can help you every step of the way; our family law specialists have a great amount of experience in this area. Some things you might want to think about how to divide up are:

property
investments
pension
savings

If you have any questions about this topic, or need any legal advice related to it on unrelated please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk – we are here to help.

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September 17, 2019

Wills and Probate

Wills

If you die without making a valid Will, Probate of your Estate can be complex and costly and your estate will not go to the people that matter to you most. Our fixed fee Will writing service is simple, quick and provides peace of mind. We provide professional Will writing services at very competitive prices and also offer a free will storage service.

Inheritance Tax Planning

Inheritance tax can be expensive, however there are exemptions and reliefs available. Our lifetime planning services can help you achieve the best results for your situation.

Probate

Probate refers to the legal right to deal with a deceased person’s estate. When you lose someone close to you, it may be hard to deal with the emotional loss. But there are practical steps that need to be taken to obtain probate.

We will be sensitive to the challenges you’re facing and can deal with the legal formalities of the probate process from start to finish, whether you are an executor or a recently bereaved family member needing advice on what to do next. We can also help if you need assistance in locating a potential Wills service.

Additionally, you may have found yourself in a situation where you need to challenge a Will or probate arrangement. We can work with you to determine the way forward to achieve the best outcome for your individual situation.

Powers of Attorney

Through a Lasting Power of Attorney (LPA), you can authorise a person of your choice to manage your finances, property, and care decisions, in the event that you are unable to manage your own affairs. If you do become unable to manage your affairs, you can no longer create a LPA, so it is important that this arrangement is in place in advance. Whether you are an appointed attorney for someone else, or need to appoint an attorney, we are here to assist you.

Find out more about wills and probate in our family law brochure here.

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Home Office error results in 2,500 students deported!

The Home Office have recently come out about some mistakes and misjudgements on their part which resulted in are 34,000 foreign students being wrongly accused of cheating in an English Language test in 2015. This test was important to their status in the UK and as a result of these errors many of them have been removed from their studies, detained in removal centres, lost their jobs or ended up homeless, despite being in the country legally.

Sir Philip Rutnam, permanent secretary for the Home Office, has now admitted “real concern” that “hundreds of innocent individuals, possibly more” are continuing to maintain their innocence after being incorrectly judged.

He told the Public Accounts Committee that the Home Office was “paying close attention” to the issue and that Sajid Javid, the home secretary, was expected to make a statement on the issue before recess – almost two months after he pledged to do so.

Sir Philip has said: “We’ve recognised throughout there is a risk that some innocent people might be caught up in this but that the risk is numerically very small.”

He goes on to claim that it is possible for the accused to challenge the decision, but that it is up to them as individuals to ‘demonstrate their innocence’. This is viewed as quite a harsh statement by many people, seeing as the students did not do anything wrong.

In response, Ms Mahmood of the Labour party said: “The risk (of this happening) might have been small, but we are talking about human beings here, and the impact even if on a small number of people isn’t just a little bit bad but it’s pretty catastrophic. It’s not just really concerning, it’s shameful.”

She added: “Do you know how much it costs to go to court? They’re not all the children of billionaires or multimillionaires who have come to study in this country and put money into the coffers of our colleges and universities.”

The amount of people removed from the UK as a direct result of this scandal is around 2,500 and this number is expected to rise.

A total of 4,157 people accused of cheating had been granted leave to remain, with hundreds more still fighting legal battles, which cost a lot of money that many of them cannot afford to spend.

We will keep you posted on how this develops.

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Good character testing on youths – a help or a hindrance?

The ‘good character’ tests conducted by the government are carried out with the general public’s interest in mind, with their main purpose being to exclude any non-desirables from being granted citizenship in the UK. It may be safe to say that these tests and those carrying them out, on the whole, would be met with great approval in the vast majority of cases, but as is the case with most things that the government do, there are some controversies within the matter.

Too young to judge?

The Human Rights committee in Parliament have become very vocal recently about how these ‘good character’ tests are being applied to young applicants (10-18 year olds) of British citizenship. Their main concern is that children who have been born and raised in the UK are losing out on their right to citizenship because of petty misdemeanours, and that the Home Office are being too harsh in the judgements of these youths.

The question is often raised that when offences are committed by a person early on in their life, should they have massive repercussions that could last a lifetime? Obviously it depends on the seriousness of said crimes, but still this is a part of the on-going dialogue of whether or not young offenders should eligible for British citizenship.

Issuing good character tests that have been designed to assess adults can be seen as rather severe and can even lead to misleading results. Initially the requirement for good testing on youths was reserved for very serious cases, to do with crimes such as rape or murder, things like that. Yet, many children have been refused citizenship as a result of very light crimes and occasionally where no full-blown offence has been committed at all.

The Human Rights committee have said offences barely worthy of a police caution should not affect whether a youth is granted citizenship or not. They say that it is inappropriate to add this weight to the shoulders of children who do not know any other country other than the UK, which has always been their home.

Details of the ‘good character’ tests:

Type of offences that may impact a good character test (including but not limited to below):

Fixed penalty notices (such as speeding or parking notices)
Road traffic offences
Theft
Violence or sexual offences or drugs
Drunk-driving
Driving while uninsured or disqualified or whilst using a mobile phone

Consequences of these actions:

4 Years or more imprisonment – this would usually result in the applicant being refused citizenship regardless of when the crime took place.
Between 12 months and 4 years imprisonment –this would result in refusal unless 15 years or more has passed since the completion of the sentence.
Up to 12 months imprisonment – Application will normally be refused unless 10 years have passed since the end of the sentence.
A non-custodial offence or other out of court disposal that is recorded on a person’s criminal record – Application will normally be refused if the conviction occurred in the last 3 years.

Different types of convictions issued:

A person who is subject of an extent Deportation Order will be refused citizenship regardless of when they apply.
A suspended prison sentence will be treated as a “non –custodial offence or other out of court disposal that is recorded on a person’s criminal record.
The exception is where that sentence is subsequently ‘activated’. This means that the person re-offended or failed to adhere to/breached the conditions of that sentence. Where this happens, the sentence length will be the one originally imposed
A “non-custodial offence or other out of court disposal that is recorded on a person’s criminal record includes” Fines, Cautions, Warnings and Reprimands, Community Sentences, Civil Orders, Hospital Orders & Restriction Orders and Potential Court Orders.
Sentences imposed overseas will normally be treated as if they occurred in the UK
The “end of the sentence” means the entire sentence is imposed, not just the time the person spent in prison. For example, a person sentenced to 3 years’ imprisonment on 1^stJan 2013 will normally be refused citizenship until 1^st Jan 2031 – the 15 year ‘bar’ added to the 3 year sentence.

Government expectations when assessing good character, addressed to the parents of the child:

You must give details of all civil judgements which have resulted in a court order being made against you as well as any civil penalties under the UK Immigration Acts. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. (Your application is unlikely to succeed if you are an undischarged bankrupt.)
You do not need to give details of family law proceedings such as divorce decrees, dissolved civil partnerships, guardianship orders and parental responsibility orders.
You must say if your details have been recorded by the police as a result of certain sexual offences. If your details are recorded on the “sex offenders” register, even if any conviction is spent, the Home Secretary is unlikely to be satisfied that you meet the good character requirement and so an application for citizenship is unlikely to be successful.
You must tell the Home Office if the child is arrested or charged with an offence after you make the application and while the application is under consideration.
You must also say whether the child has had any involvement in terrorism. If you do not regard something as an act of terrorism but you know that others do or might, you should mention it. You must also say whether the child has been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide. If you are in any doubt as to whether something should be mentioned, you should mention it.

Previous controversies:

The process of registering children born in the UK to immigrant parents has been shrouded in controversy for other reasons too, mainly due to the high costs involved in the application.

Registering one child costs £1,012, which gives the government a profit of £587 per individual case. Over the past 5 years the government has made an estimated £100,000,000 through these registrations alone.

These high registration fees will hinder children from less affluent backgrounds from exercising their rights to UK citizenship.

Conclusion:

So, while these tests are vital to the vetting process that the Home Office are required to carry out, is the line being drawn too close to minor offences, or should even the slightest crime have an impact when children are trying to become British citizens? We’d be very interested in what our readers have to say on this heated topic!

In the meantime please do not hesitate to get in contact with us regarding this matter or any other legal issue. You can call us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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The Magic of the Make a Wish Foundation

The ethos of our company, from the very beginning, has always been to help people. Whether it is working hard on an immigration case to reunite families, assisting a young couple to make their first steps on the property ladder, or educating vulnerable people of their rights in the workplace, we want everyone to know that Lisa’s Law can be a place of support and positivity.

Wanting to take this further into the world around us, we have launched our first charity initiative with the fantastic Make a Wish Foundation UK. The work that this organisation does is so valuable and brings joy to so many families and young people across the nation.

We have donated £500 to this phenomenal charity. The money is coming directly from the interest in our client account, and has been donated to this cause with the permission of all the clients involved – we thought this would be the best way to spread the word of Make a Wish from the very top of our law firm all the way down through the workforce and into our client base.

For those of you not familiar with the Make a Wish Foundation, they raise money on behalf of critically ill children in order to grant them a wish of their choosing. The things the charity have achieved are nothing short of incredible. The money is used for extraordinary things, from the children getting to star in their own films, going on the holiday of a lifetime, or climbing mountains, there really in no limit to what the people at Make a Wish can bring to reality for these kids.

This is the first of many Lisa’s Law charity initiatives that will be occurring over the coming months and years. It is important to us as a firm to give something back and do what we can to help the wonderful people at Make a Wish and the hundreds of other charities which work every day to make the world a better place!

You can learn more about Make a Wish on their website here: https://www.make-a-wish.org.uk/ so please take a look and donate what you can, it truly is an amazing cause.

We will keep you all right up to date with all our future charity events and will be sure to plan some things that everyone can get involved with!

Be sure to follow us on Facebook and Twitter!

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September 11, 2019
Brexit, EU, Spouse, Visa

EU Spouses of British Citizens – What does Brexit mean for you?

The result of the 2016 referendum had a lot of people feeling on edge for many different reasons, but some groups definitely had more substantial and tangible fears than others. Right near the top of this ‘stress pile’ lie the spouses of British citizens from EU countries.

Everyone, understandably, feared the worst. Assumptions were made about mass separation of families. Would husbands be separated from their wives? Who would be allowed to stay, and what proof would be required by the Home Office to grant leave to remain? It was a real whirlwind of uncertainty.

Well, now that the dust of the referendum result is finally starting to clear, we are happy to tell you that the vast majority of European spouses will find securing their right to stay in the UK pretty straight forward, not the absolute nightmare it was initially predicted to be.

So, where do European spouses stand?

Before the Brexit vote, most Europeans in the UK were not especially concerned with their legal standing in terms of their residence in the UK. The requirements would only become apparent to them when applying for residence documentation to confirm their right to live in the UK – but many people did not bother with this as it wasn’t something that was frequently chased up in previous years.

These requirements, unbeknownst to so many, were things like:

Being employed
Being a student
Being self-sufficient
Being married or related to someone in the UK

Once the Brexit vote happened, a lot of people realised they were not in keeping with some of these rules. Many of them had lived in the UK for years, even raising children who were themselves born in Britain. However, they didn’t qualify as ‘self-sufficient’ due to a lack of sickness insurance.

But some things changed after the vote:

After a lot of talk from politicians and much speculation from the public, it is now confirmed that all it takes for EU citizens to meet the requirements for settled status is for them to be living in the UK by the end of 2020. If the UK ends up leaving the EU without a deal the cut off will be Brexit day. They will also be subject to criminality checks, which is a standard precaution.

This means that employment status, self-sufficiency and medical insurance no longer play a part in achieving residence documentation and staying in the UK for European spouses.

Applicants who have lived in the UK for five years or more (by the end of 2020) will qualify for full settled status. This means they can only lose this status if they are absent from the UK for five consecutive years.

Those who have been here for fewer than five years will qualify for pre-settled status, upgrading to full settled status after they hit the five year mark.

How to apply:

The process starts with an initial enrolment through the government’s app, which will scan ID documents or read electronic versions of ID. This is followed by a short online form. Following the completion if this form, the applicant will be issued with electronic confirmation of their status.

Another positive is that the government has gotten rid of the £65 charge that this application was initially going to cost.

What documents need to be provided?

For those applying for pre-settled status, the only thing needed is a document dated to any time over the past 6 months. This can be:

A bank statement
A utility bill
An NHS letter
A travel ticket confirming entrance to the UK
Those applying for full settled status must show that they have lived in the UK for 6 out of 12 months of the year consistently for 5 years.

Stay at home spouses will find this quite hard to prove, but here is a link to the Home Office’s document example list – it seems that there are quite a lot of options available.

Some examples below:

annual bank statement or account summary, showing at least 6 months of payments received or spending in the UK
employer letter confirming employment and evidence that the employer is genuine, for example, their Companies House number
council tax bill
letter or certificate from your school, college, university or other accredited educational or training organisation showing the dates you enrolled, attended and completed your course
invoice for fees from your school, college, university or other accredited educational or training organisation and evidence of payment
document showing a UK address from a student finance body in England, Wales, Scotland or Northern Ireland or from the Student Loans Company
residential mortgage statement or rental agreement and evidence of payment
letter from a registered care home confirming your residence there
employer pension contributions
annual business account of a self-employed person
a P60 for a 12-month period – your P60 shows the tax you’ve paid on your salary in the tax year (6 April to 5 April). The Home Office may ask you for additional evidence to confirm that you were resident here for at least 6 months of that period.

So, we can safely say that despite the outcome of the EU referendum leaving a sour taste for a very large portion of the UK’s population, this new process for leave to remain for EU spouses can be seen as a positive rather than a negative and will hopefully help put some minds at ease.

If you have any questions about this topic, or any legal enquiries at all please do not hesitate to get on contact on 020 7928 0276 or email in to info@lisaslaw.co.uk.

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Right to Buy Schemes – It’s Not Always Easy Street!

What is the right to buy scheme?

The right to buy scheme helps eligible council and housing association residents in England buy their home with a discount of up to £38,000 or 70% of the total value of your home, whichever is lower. This is an option only open to certain people and there are certain criteria that must be met before candidates are considered.

If you want to check you eligibility you can do so on the Right to Buy website. The general things the council look for when considering applicants are whether:

it’s your own or main home
it’s self contained
you’re a secure tenant
you’ve had a public sector landlord (for example, a council, housing association or NHS trust) for 3 years – it does not have to be 3 years in a row.

What changes have the Labour government made to Right to Buy?

Since the Housing Act 1980, when Prime Minister Margaret Thatcher gave council tenants the legal right to buy their council homes, the UK’s social housing stock has dwindled significantly. It is estimated that 4.3 million homes have been lost since right to buy was introduced, despite the UK popular increasing by more than 13 million in that time. This loss of council housing stock is credited by many as only further contributing towards the current UK housing crisis.

With this in mind, the Labour government has introduced a number of measures designed to preserve the UK’s social housing stock.

Some of these changes include:

Increasing the amount of time someone must have been a public sector tenant to qualify for right to buy from 3 years to 10 years
Exempting newly built social homes from the scheme for 35 years
Forcing authorities to build a home for every one they sell
Increasing the limit on when councils can reclaim the discounts if a buyer sells the property from five years to 10 years

The discounts

The maximum discount varies across the country, with London having the lowest discount of £16,000 (other than Barking and Dagenham and Havering), and the South East with the highest discount of £38,000, other than a few exceptions.

However, if you applied to buy your home before 21st November 2024, then the maximum discount you can get is whichever of the following is lower:

70% of the value of your property
£136,400 if your home is in a London borough
£102,400 if your home is outside London

How is the right to buy scheme discount calculated?

the type of property you’re buying – a flat or house
the value of your home
where you live
how long you’ve been a tenant with a public sector landlord

If you’re buying with someone else, you count the years of whoever’s been a public sector tenant the longest.

You will usually have to repay some or all your discount if you sell your home within 5 years. However, you might get a smaller discount if you’ve used Right to Buy in the past.

Obviously there are massive positives to this scheme and it can be a great shortcut to getting your feet firmly on the property ladder without worrying about the financial issues quite as much as not being involved in the scheme.

Some pros of the right to buy scheme

It allows people who would normally never be able to afford to buy property to do so
Owning property gives people increased financial security
It gives people something to show after years of paying rent
Having a mixture of owner occupiers and rented accommodation helps create a mixed communities
The presence of economically active households reduces the social exclusion of an area
If you own your own property you are more likely to look after it and value the community it is situated in.

The cons of the right to buy scheme:

Stigma – properties bought on the scheme are likely to be in tower blocks or estates which means the appearance of them will negatively affect the financial inflation of the property
Some mortgage lenders aren’t keen on ex-local authority property, especially high-rise tower blocks. So you’ll have less choice of mortgage products than if you bought another type of property.
The local authority is likely to be the freeholder. This means it will have responsibility for the upkeep of the communal parts of the building. Flat owners (or leaseholders) will pay a service charge for this and also for “major works” which take place every few years.
In an estate where some flats are still owned by the council and some by private owners, some local authority freeholders will hike the service charges to subsidise the council flats. Be warned – these bills can cripple you.
This issue of extra bills and being a leaseholder is the focus of a recent case, where a man who purchased his home through the right to buy scheme now faces a titanic bill of £146,257 after Southwark council notified of mass refurbishments to the tower block where his flat lies.

What does Lisa’s Law think of the right to buy scheme?

Right to buy can be hugely advantageous for those living in social housing to get on the housing ladder. However, the main issue with this type of right to buy scheme is the property involved can often be old, run down buildings. As a tenant of a council property, one should also consider whether:

the building is in a good condition
how frequently has the council carried out repair work in the past
the material used i.e. is there cladding (cladding can hardly pass the insurance requirements nowadays and whether all the materials meet the current legal requirements
in the process of purchase whether the council has confirmed that they have the intention to serve Section 20 notice in the near future
However, there is always a risk with purchasing a leasehold property. It can never be entirely risk free. For example, even the council can confirm they have no intention to serve a Section 20 notice yet there is always the possibility that they change their mind overnight.

If the leaseholder does indeed receive a repair demand which is extortionate, the leaseholders can work together to request for a review. With no success, they can apply to the leasehold valuation tribunal if there is dispute.

Thinking of buying a property? Here are some things to be aware of:

A healthy credit score:

A high credit score will allow you access to the best mortgage deals. If you have a poor credit score the majority of lenders will see you as an unreliable investment and will refuse to do business with you. After all, they are looking out for themselves at the end of the day! There are a few agencies that you can use to check your credit score such as Experian, TransUnion, and Equifax. It is also better to have been using a credit card responsibly for at least 2 years before applying for a mortgage.

Know what you can afford:

Having a good idea of where you stand financially is key when trying to get on the property ladder. Having a definite budget will narrow down the types of areas you look into and will help you figure out how much money you should be putting away for your deposit in the lead up to purchasing your property. The bigger deposit you have the better rates you will receive on your monthly mortgage payments.

Deposits:

Generally speaking you will have to save up at least 5% of the house price for a deposit. If you can, try saving an even larger amount such as 15 to 25%. Depending on your credit history, the mortgage type, this will greatly improve your initial standing with mortgage lenders and will provide you with even more financial security.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

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Lisa’s Law is now a member of the Conveyancing Quality Scheme!

Today is a very exciting and proud day for all of us here at Lisa’s Law. After many successful residential conveyancing cases and tonnes of happy clients leaving our offices with smiles on their faces, we have now been fully recognised by the Law Society as an accredited member of the Conveyancing Quality Scheme!

The Law Society’s Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices. It represents the very high level of professionalism and calibre of the services provided by its member firms.

Our priority is, and will always be, to deliver the best service we possibly can to our clients, making sure that whatever action we take has their best interests at heart. It’s great to know that this is being recognised, not only by the people in and around our firm, but also by the wider legal society of England and Wales.

If you or someone you know needs any advice relating to conveyancing, or if you have any other law based enquiries, you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

You can also find us on Facebook, Twitter and YouTube.

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New divorce laws mean couples can split a lot more amicably.

Divorce is never easy and can have negative effects on all those involved, from the couple in question to their children, extended family and even friends. What makes divorce even worse is when the process is dragged out over a long period of time, where the pain is made worse by seemingly endless blame games and trying to find reasons for the souring of the marriage and whose fault it really is.

There is some promising news on an otherwise sad subject as the Justice Secretary has announced today (April 9) new rules which mean that divorcing couples will no longer have to try and blame each other for the breakdown of a marriage, reducing any extra family conflict.

Proposals for changes to the law include:

retaining the irretrievable breakdown of a marriage as the sole ground for divorce
replacing the requirement to provide evidence of a ‘fact’ around behaviour or separation with a requirement to provide a statement of irretrievable breakdown
retaining the two-stage legal process currently referred to as decree nisi and decree absolute
creating the option of a joint application for divorce, alongside retaining the option for one party to initiate the process
removing the ability to contest a divorce
introducing a minimum timeframe of 6 months, from petition stage to final divorce (20 weeks from petition stage to decree nisi; 6 weeks from decree nisi to decree absolute).

These new rules will make for a much smoother journey towards a ‘no-fault’ divorce. This can only be a good thing as it encourages amicability and means that children are put through much less conflict. Any contact that the couple has with each other in the future will be a lot easier to deal with than if the divorce had been an awful struggle to get through.

In addition, a new option will allow couples to apply for a divorce jointly.

Currently, “fault-based” divorces, where there have been proven allegations of adultery or unreasonable behaviour can be over and done with in three to six months. But “no-fault” divorces are obviously much more complicated – with couples having to prove they have been living apart for at least one year in Scotland, and at least two years in the rest of the UK.

Some of these changes, and specifically the change to contesting a divorce, were sparked by a recent case in which a woman wanted to split from her husband of 40 years but was unable to do so:

Tini Owens, 68, from Worcestershire, wants to divorce her husband on the grounds that she is simply unhappy. Her husband refused to agree to it and the Supreme Court unanimously rejected her appeal meaning the couple must remain married until 2020.

Baroness Hale, who is the UK’s most senior judge, has repeatedly asked for these divorce rules to be overhauled.

Very few divorces are contested but this practice is known to be misused by abusers choosing to contest a divorce purely to continue their coercive and controlling behaviour.

Justice Secretary David Gauke said of these changes:

“Hostility and conflict between parents leave their mark on children and can damage their life chances.

While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.

So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good.”

What are the current rules for divorce in the UK?

Currently, if you are looking to get a divorce from your partner you’ll need to prove that your marriage has broken down through one or more of the following reasons:

Adultery:

Your husband or wife had sexual intercourse with someone else of the opposite sex.
The law recognises the act of adultery as sexual intercourse between a man and a woman.
You cannot give adultery as a reason if you lived together as a couple for 6 months after you found out about it.

Unreasonable behaviour

Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.

This could include:

physical violence
verbal abuse, such as insults or threats
drunkenness or drug-taking
refusing to pay for housekeeping

Desertion

Your husband or wife has left you:

without your agreement
without a good reason
to end your relationship
for more than 2 years in the past 2.5 years

You can still claim desertion if you have lived together for up to a total of 6 months in this period.

You’ve been separated for more than 2 years

You can apply for a divorce if you’ve been separated for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
You can be separated while living in the same home as long as you’re not together as a couple (for example you sleep and eat apart).

You’ve been separated for at least 5 years

You can apply for a divorce if you’ve been separated for at least 5 years, even if your husband or wife disagrees.

There is currently a fee of £550 attached to a divorce, and you can get a divorce (in England or Wales) only if you’ve been married at least a year and your relationship has permanently broken down.

If you need any further information on this subject, or want to talk about your options regarding divorce or any other legal issue please do not hesitate to contact us. Phone on 020 7928 0276 or email into info@lisaslaw.co.uk

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