How to Evict a Residential Tenant Using a Section 8 Notice: A Brief Overview

In the UK, Section 8 of the Housing Act 1988 allows landlords to evict tenants for specific breaches of the tenancy agreement, such as non-payment of rent, property damage, or anti-social behaviour. The Section 8 notice eviction process enables landlords to seek possession of their property through the courts, provided they can demonstrate valid grounds for eviction.

With Section 21 notices due to be abolished in the near future by the Renters’ Rights Bill, Section 8 notices will become the main way to evict tenants. It is therefore vital for landlords to be aware of these rules in order to stay informed about how they can evict a tenant if they need to.

To learn more about section 21 notices, click here.

Common Grounds for Section 8 Eviction

In total, there are 18 grounds for possession under Section 8. However, some of the most common grounds for Section 8 eviction include the following:

1. Non-payment of Rent (Ground 8): If the tenant has fallen behind on rent by more than two months (for monthly tenancies) or eight weeks (for weekly tenancies), landlords can apply for eviction.

2. Breach of Tenancy (Grounds 12 & 13): For violations like property damage or unauthorized subletting.

3. Anti-social Behaviour (Ground 14): If the tenant is causing a nuisance or engaging in criminal activity.

4. Deliberate Property Damage (Ground 15): For intentional damage to the property.

How can a tenant be evicted under Section 8?

1. Serve a Section 8 Notice: The landlord must first serve the tenant with a Section 8 Notice, which specifies the grounds for eviction and gives the tenant a notice period (usually 2 weeks to 2 months depending on the grounds).

2. Apply to the Court: If the tenant doesn’t leave after the notice period, the landlord can apply to the court for a possession order.

3. Court Hearing: The court will assess the evidence, and if it’s satisfied with the landlord’s case, it will grant a possession order.

4. Bailiffs: If the tenant still refuses to leave, the landlord can request a warrant of possession and bailiffs will be authorized to evict the tenant.

What else should landlords bear in mind?

Landlords should pay special attention to the following points when deciding to evict a tenant:

Legal Process: Landlords must follow the proper legal procedures to avoid unlawful eviction.
Tenant’s Rights: Tenants have the right to contest the eviction and must be given proper notice.

Our thoughts

Evicting a tenant using Section 8 requires careful adherence to the law, and landlords must ensure they follow the correct steps to avoid delays or legal challenges. Especially in complex cases, we recommend that landlords always consult a solicitor as early as possible to properly commence the eviction process. Contact Lisa’s Law Solicitors today.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

How Can a Business Employ Hospitality Workers from Overseas in the UK?

The hospitality industry plays a key role in the UK’s diverse labour market, employing millions of people and contributing significantly to the economy. However, following Brexit and the end of freedom of movement, the UK hospitality sector is experiencing an acute skills shortage. Ongoing changes to immigration laws have also created uncertainty and made it difficult for employers to employ hospitality workers from overseas. We covered a report which highlighted some of the challenges facing employers here.

To recruit more diverse and outstanding talent from around the world, it is important for employers to understand and comply with current immigration law. In this article, we will explain how hospitality businesses can employ hospitality workers from overseas to fill their vacancies.

Applying for a Sponsor Licence

For UK hospitality businesses planning to recruit overseas workers, it is essential that the business first applies for and obtains a Sponsor Licence from the Home Office.

Many people have a misconception that only large, high-income companies can obtain a sponsor licence and employ overseas workers. In fact, there is no lower limit for business size when applying for sponsor licence in the UK. Therefore, if run properly, it is also possible for small businesses, such as small takeaway shops and nail salons to be granted a sponsor licence and hire skilled workers from overseas.

To apply for a sponsor licence as an employer in the UK, employers usually need to make sure that the business has the necessary HR system to manage the sponsorship process and meet the sponsor licence duties. They need to prove that they have the genuine need to sponsor overseas workers for eligible roles and that they will pay a salary that meets the minimum requirements of the skilled worker visa.

Key personnel for sponsor licence

At the same time, the employers need to make sure they have key personnel who are “honest and dependable”. The key personnel would be the authorising officer, key contact, and level 1 & 2 users. An authorising officer is a senior person who’s got the ultimate responsibility for the licence as well as any immigration issues. The key contact is the primary person who communicates with the Home Office, and the Level 1 user should be a British or settled person who is responsible for the day-to-day management of the sponsorship licence and the application for the skilled worker visa (unless the authorising officer is on a Tier 1 visa).

It is up to them to ensure that all of the licence duties as a sponsorship holder are met. All three of these roles can be performed by the same person, in other words, a one-person small company can have the opportunity to apply for a sponsorship licence. However, it is important to note that the above key personnel must not have a criminal or penalty record, as this may affect the licence application.

Do I need a physical office when applying for a sponsor licence?

In light of the rise in remote work, many companies no longer maintain on-site offices, and the Home Office does not strictly require all sponsors to have a physical office. However, for most hospitality companies, a physical office or shop is still necessary. Therefore, the necessity of leasing an office when applying for a work visa qualification must be evaluated on a case-by-case basis, taking into account the specific operational requirements of the company in question.

The core of applying for a sponsorship licence is to prove that the business is genuine, operating, and trading lawfully in the UK. Once an employer submits the sponsorship licence application, the Home Office may also arrange a pre-compliance visit to check if the business really meets the requirement.

Skilled worker visa for hospitality workers

With the sponsor licence, employers can apply for the skilled worker visa for their foreign candidates. The UK Skilled Worker Visa route enables hospitality businesses such as hotels and restaurants to bring highly skilled overseas workers to the UK on either a temporary or long-term basis. Read our guide to the skilled worker visa here.

Employers then need to apply for a certificate of sponsorship (CoS) and use the certificate to apply for the skilled worker visa for foreign worker to the UK. Employers must assign a CoS to each foreign candidate from the Home Office and each CoS can only be used once. Once the certificate is assigned, the worker must apply for a visa within 3 months.

What fees do I need to pay to employ hospitality workers from overseas?

Regarding the costs that employers are most concerned about, there are three important fees that need to be paid if you want to employ overseas staff.

The first is the application for a sponsor licence, which is £536 for small businesses.

The second is the Certificate of Sponsorship (CoS) application fee, the key to the skilled worker visa application, with one proviso for each candidate and an application fee of £239.

The Immigration Skills Charge is a tax levy applied to businesses that employ foreign workers. For small businesses, the skills surcharge is £364 for the first year and £182 for every six months thereafter. Therefore, the cost of sponsoring an oversea employee for five years can be up to £1,820.

According to the immigration law, it is the responsibility of the employer to pay the three fees. Other fees, such as skilled worker visa application fees, immigration health surcharges, are not mandatory by law. Companies will either require the employee to pay these themselves or offer to cover them.

The financial costs of employing overseas staff are sometimes forgotten about by the wider public, but are an important consideration for UK employers, particularly for smaller business.

Other responsibilities

While a sponsor licence has been granted, this does not automatically entitle the employer to issue a UK work visa to any foreign employee. When employing overseas staff, it is essential for UK employers to align the requirements for the candidate role with the standards of skilled worker visa requirements.

Minimum salary

Employers should also ensure that the salary offered to the candidate can meet the minimum standard of skilled worker visa. The Home Office has updated the Skilled Worker salary standard earlier this year, with the minimum salary for a skilled worker visa increasing from £26,200 to £38,700. It is worth noting that, however, the £38,700 figure does not apply to all applicants.

The Home Office has also set out a series of requirements based on different length of work experience and different industries. The rise to the minimum salary for skilled worker visas has had far-reaching effects on hospitality’s labour shortage, particularly in entry-level and junior positions, which are usually in lower salaries. Employers should analyse each candidate’s situation thoroughly and adjust their costs and staffing needs when hiring oversea workers.

Informing the Home Office and Updating Records

Hiring overseas employees is not just about obtaining work visas for them. The employers have the responsibility to inform the Home Office about any changes to the employee’s work and keep updated records. The Home Office has the right to visit and review the relevant documents at any time.

Failure to fulfil the employer’s responsibilities may result in the cancellation of the employee’s UK work visa, as well as potential fines and the suspension or revocation of the employer’s sponsor licence. The Home Office has been conducting increasingly strict compliance checks on sponsor companies, particularly when it comes to hospitality businesses. In the second quarter of 2024, 499 work permits were cancelled and 524 were suspended. This is almost double what it was in the first quarter of 2024, when 519 were either suspended or cancelled.

Medium and big companies usually have more comprehensive HR systems which allow them to operate their records better. Small companies may not have such a system to keep them informed about legal requirements and the consequences of non-compliance. It is therefore crucial for small business employers to maintain good record-keeping and update information in a timely manner.

Which hospitality jobs are classed as being high-skilled roles?

The Home Office uses the job’s Standard Occupational Code (SOC) to assess whether a job is eligible for the Skilled Worker Visa route. While some hospitality and blue-collar jobs may not traditionally be viewed as highly skilled, there are some certain hospitality worker jobs that are eligible under the route and appear in the SOC list. We have organised some common high-skilled roles in hospitality industry: We have listed some of the most common qualified high-skilled roles in the hospitality industry.

Production managers and directors in construction
Managers and proprietors in agriculture and horticulture
Hotel and accommodation managers and proprietors, including caravan park owners, hotel managers, and landladies (boarding, guest, lodging house)
Restaurant and catering establishment managers and proprietors, including café owners, fish & chip shopkeepers, operations managers (catering), restaurant managers, and shop managers (takeaway food shop)
Chef, Chef-manager, Food stylist, Head Chef, Pastry Chef
Cook, Cook-supervisor, Fish fryer, Head cook
Bar manager, Catering manager, Floor manager (restaurant), Kitchen manager, Steward(club)
Publicans and managers of licensed premises
Leisure and sports managers, including amusement arcade owners, leisure centre managers, social club managers, and theatre managers
Travel agency managers and proprietors
Hairdressing and beauty salon managers and proprietors
Conference and exhibition managers and organizers, including conference coordinators, event organizers, events managers, exhibition organizers, and hospitality managers
Dance choreographers
Garden designer

Conclusion

The changing immigration rules have made it challenging for UK employers to manage staffing and operating costs, especially hospitality businesses. It is especially important to ensure that employment processes are legally compliant. Lisa’s Law’s Immigration team is experienced in assisting in such matters. We will be able to advise you on the latest requirements and guide you throughout the process.

Should you wish to know more information about the UK sponsor licence or, indeed, skilled worker visa, please do not hesitate to contact Lisa’s Law and our experienced solicitors will be happy to assist you.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

What Impact has Digital Conveyancing had on Property Transactions?

The conveyancing process, once characterized by mountains of paperwork, lengthy postal delays, and manual documentation, has seen significant evolution due to digital transformation. Today, technology is reshaping the way property transactions are handled, making them faster, more efficient, and more secure. Key technological advancements, such as e-signatures, online property portals, and digital mortgage approvals are driving this change. This article explores the role of these technologies in modern digital conveyancing and how they are transforming the property buying and selling process.

Keep reading to learn more.

The Role of E-Signatures

One of the most impactful innovations in conveyancing is the adoption of electronic signatures (e-signatures). Traditionally, contracts in property transactions required physical signatures, often causing delays due to the need for printing, posting, and returning documents. E-signatures have eliminated these steps, enabling documents to be signed instantly from anywhere in the world.

Benefits of E-Signatures in Conveyancing:

Speed and Convenience:
- E-signatures allow clients to sign documents electronically, reducing delays and expediting the transaction process. This is particularly beneficial for overseas buyers or those with busy schedules.
Improved Security:
- E-signature platforms often come with authentication and encryption features, ensuring the identity of the signer and protecting the document from tampering. We at Lisa’s Law continue to use the market leader “DocuSign” for e-signatures to ensure documents are signed with the highest security available, which is then accepted by the Land Registry.
Cost Savings:
- By reducing the need for printing, postage, and physical document storage, e-signatures contribute to lower overall costs in the conveyancing process.

Online Property Portals

Online property portals have become a cornerstone of the digital property landscape. These platforms allow buyers and sellers to manage their transactions from start to finish online, with access to important documents, updates, and communications in real-time. For us conveyancers, these portals streamline the exchange of information, making it easier to track progress and share documents.

Key Features of Online Property Portals:

Real-Time Updates:
- Clients can access the latest status of their property transaction, reducing the need for frequent phone calls or emails to their conveyancer for updates.
Document Storage and Access:
- Property portals provide secure, centralized storage for all transaction-related documents, making it easy for clients and conveyancers to access and review contracts, title deeds, and other important files at any time.
Client Communication:
- Communication between conveyancers, clients, and other parties (such as estate agents and mortgage brokers) is streamlined through messaging features within these portals, enhancing coordination and reducing the chances of miscommunication.

Digital Mortgage Approvals

Another significant aspect of the digital transformation in conveyancing is the advent of digital mortgage approvals. In the past, securing a mortgage was a time-consuming process involving face-to-face meetings, lengthy paper forms, and slow approval timelines. Now, many lenders offer fully digital mortgage applications, allowing buyers to apply for and receive mortgage approvals online in a fraction of the time.

Advantages of Digital Mortgage Approvals:

Faster Application Process:
- Digital platforms allow buyers to submit applications and supporting documents online, reducing the need for in-person appointments and speeding up the approval process.
Automated Credit Checks:
- Digital mortgage systems can instantly verify credit history, employment details, and financial information, leading to quicker decisions and more accurate risk assessments.
Transparency:
- With digital systems, clients can track the progress of their mortgage application, providing greater transparency and reducing uncertainty during the home-buying process.

The Future of Conveyancing

The continued adoption of digital tools and systems is likely to further streamline the conveyancing process, reducing timeframes and making transactions more accessible to a wider audience. However, the increased reliance on technology also brings with it new challenges, particularly around data security and the need for robust digital infrastructure. At Lisa’s Law we remain vigilant in ensuring that these technologies are implemented securely and efficiently, while also providing human oversight to navigate complex legal requirements.

Lisa’s Law continues to stay updated on the latest technological developments in the legal area and ensure our clients are getting the most practical options available on the market when it comes to conveyancing. If you are looking to purchase or sell a property, do not hesitate to get in touch for a quote.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Fine China Collection Confiscated by Landlord – What Happened Next?

Residential lease disputes can often become complex when misunderstandings occur. In a recent case, we at Lisa’s Law represented an expatriate tenant who was facing serious challenges in a landlord dispute stemming from unclear communication, early lease termination, and mishandling of her treasured fine china collection.

Our client, an international tenant who rented a beautiful residential flat in London, had entrusted her property agent to manage all the critical end-of-lease arrangements. This included supervising a professional cleaning of the flat and overseeing the safe packing and delivery of a stunning fine china collection, valued at approximately £100,000. The collection, an heirloom of delicate craftsmanship, required meticulous handling.

An Unwelcome Early Entry

However, things quickly unravelled due to a crucial breakdown in communication. The agent failed to execute the necessary tasks on time, leaving the flat uncleaned and the china unpacked. To make matters worse, the landlord entered the property two weeks earlier than the agreed-upon move-out date. The premature entry revealed an apartment that, to the landlord’s dismay, was in disarray, with the tenant’s prized china set still vulnerable and exposed.

Frustrated by the apparent mess and unfulfilled expectations, the landlord took drastic action. Not only did he terminate the lease early, but he also withheld a substantial portion of the deposit, citing the state of the flat. Even more concerning, he seized the fine china collection, refusing to release it until the dispute was resolved.

Unpacking the Legal Complexities: Deposit Protection and Property Rights

Adding to the confusion, the matter of deposit protection came under scrutiny. Our client, having believed her deposit was safeguarded, was understandably alarmed to learn otherwise. Typically, the Housing Act 2004 requires deposits to be placed in a protection scheme, and failure to do so could entitle the tenant to compensation of one to three times the deposit amount. Yet, in this case, we discovered that the tenancy did not fall under Assured Shorthold Tenancy (AST) protections. The annual rent exceeded the £100,000 AST threshold, meaning the statutory requirement for deposit protection did not apply.

Nonetheless, the more urgent issue was the landlord’s retention of the fine china. Under The Torts (Interference with Goods) Act 1977, landlords are prohibited from holding onto a tenant’s belongings as leverage. Such actions are not only unlawful but can also make the landlord liable for damages, legal costs, and even a court order to ensure the return of the goods.

Court Proceedings and a Favourable Resolution

We moved swiftly, filing an application in the county court to secure the return of the fine china collection and challenge the unfair deposit deductions. Our argument was built on several key points: the agent’s clear mismanagement, the landlord’s premature entry without proper grounds, and the absence of credible evidence showing that our client had caused any substantial damage to the property.

During the proceedings, we demonstrated that the claims of property damage were unsubstantiated and emphasised the landlord’s disproportionate response. The court agreed with our position, ruling that the landlord failed to provide sufficient proof of extensive damage. Consequently, the judge ordered the immediate return of the fine china collection and dismissed the excessive deductions from the deposit.

Protecting Your Rights

This case stands as a testament to the necessity of understanding and asserting one’s rights in residential disputes. Clear communication between parties is crucial, but even when that fails, tenants should be aware of the legal protections available to them. Landlords, too, must be cautious and act within the boundaries of the law when dealing with tenants’ personal property.

Our client’s experience underscores the importance of taking a proactive, well-structured legal approach. In the end, our client’s treasured heirlooms were returned, and her financial losses were minimised, proving that with the right representation, justice can be achieved.

(Note: The case details, names, and subject matter have been altered for confidentiality and illustrative purposes.)

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Global Universities List 2024 Released – Which Universities Make you Eligible for the High Potential Individual Visa?

The Home Office has published the Global Universities List 2024 . The list covers qualifications awarded between 1 November 2024 and 31 October 2025. The importance of the Global Universities List lies in its ability to determine whether a person is eligible for a high potential individual visa. Let’s take a look at the what the High Potential Visa is, how to apply, and which universities are included on the list.

What is the High Potential Individual Visa?

The UK’s High Potential Individual (HPI) visa is designed for graduates from leading global universities, offering them the opportunity to work in the UK without the need for sponsorship or a job offer. This visa route aims to attract top international talent, enabling graduates to pursue their career goals in the UK while also providing UK employers with access to a diverse pool of skilled professionals.

In this guide, we will outline the eligibility criteria and application process for the HPI visa. Additionally, we will explore the options available for visa holders to extend their stay in the UK by transitioning from the HPI visa to a longer-term visa category.

The High Potential Individual visa offers an unsponsored path for internationally-educated, highly skilled graduates who want to enhance their career prospects in the UK. Applicants must hold a degree-level qualification from an overseas university that is recognized as one of the top institutions globally.

To qualify for the HPI visa, applicants must have obtained a bachelor’s or postgraduate degree from a university featured on the Home Office’s Global Universities List within the last five years. The list includes universities ranked highly by global ranking organisations such as the Times Higher Education World University Rankings, Quacquarelli Symonds World University Rankings, and the Academic Ranking of World Universities.

Eligibility Criteria

To qualify for this route, you will need to have been awarded an overseas bachelor’s or postgraduate degree qualification in the last 5 years from a top global university from the list below.

You must have the ability to understand and communicate in English to the B1 level

You must show that you have at least £1,270 in your bank account for at least 28 days prior to your application

There must be no adverse criminal or immigration history.

Application process

To apply for the visa you will need to complete an application form and submit a number of documents. We at Lisa’s Law specialise in such application and will ensure that all the required documents are submitted so that the application proceeds smoothly.

Successful applications

If your applications are successful, you will be granted a 2 year visa. If you have a PhD or other doctoral qualification, it will last for 3 years. After the visa expires there are a number of visas you can switch to providing that you meet the requirements.

2024 Global University List for HPI route

This list of universities includes:

[table id=1 /]

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Impact of the Autumn Budget 2024 on Property and Conveyancing

The UK Autumn Budget 2024 introduces impactful measures across property and conveyancing sectors, focusing on affordability, sustainable development, and tax adjustments that aim to shape the housing market while addressing economic and environmental concerns. We aim to outlined the key changes outlined in the budget, the impact of the autumn budget on property and conveyancing, the direct effect on property buyers, sellers, and investors, as well as its implications for the wider housing market.

Stamp Duty Land Tax (SDLT) Adjustments

One significant change in the Autumn Budget 2024 is the adjustment to SDLT thresholds, especially affecting first-time buyers. Currently, first-time buyers are exempt from SDLT on properties valued under £425,000. However, beginning in March 2025, this threshold will reduce to £300,000. Additionally, properties valued above £500,000 will no longer benefit from first-time buyer relief, down from the previous threshold of £625,000. As a result, many new homebuyers purchasing in popular or high-cost areas like London and the South East could face higher SDLT costs. For instance, a first-time buyer purchasing a property valued at £350,000 might now expect to pay an SDLT of £2,500, where previously they would have owed nothing.

This change may influence the broader property market by adding to the upfront costs of home ownership, particularly in regions where property values are high. While SDLT reforms intend to make property ownership fairer and sustainable, they may initially curb demand in the housing market’s higher-value segments, as potential buyers account for increased SDLT liabilities.

Capital Gains Tax (CGT) on Second Homes and Rental Properties

The budget also hints at adjustments to capital gains tax (CGT) policies for landlords and property investors, particularly targeting second homes and buy-to-let properties. Current CGT rates are set at 18% for basic-rate taxpayers and 28% for higher-rate taxpayers. With the proposed budget adjustments, CGT rates may increase and align more closely with personal income tax rates. This could lead to a substantial rise in tax obligations for those in higher income brackets, possibly increasing the rate to as high as 40% or 45%.

This shift is likely intended to dissuade speculative property investment and enhance housing availability for owner-occupiers. Property investors and landlords, anticipating higher CGT rates, may accelerate the sale of rental or secondary properties before these changes take effect. While this could boost the immediate property supply, it might also strain rental markets if many smaller landlords exit, potentially reducing rental availability and driving up rents.

Council Tax Surcharges on Long-Vacant Properties

To encourage the productive use of housing stock, the Autumn Budget 2024 introduces new council tax surcharges on long-vacant or underutilized properties. This measure primarily targets second homes and vacant properties that have remained unoccupied for extended periods, particularly in high-demand regions. By increasing council tax obligations on these homes, the government aims to deter property owners from leaving homes empty and instead bring them to market, either through sale or rental.

This approach could have positive implications for local property markets, especially in areas with high levels of second-home ownership, such as coastal regions and popular tourist destinations. By incentivizing property use, the government seeks to address housing shortages in these areas, making more properties available to local residents or prospective buyers.

Incentives for Eco-Friendly Home Improvements

A strong emphasis on sustainability runs through the 2024 budget, with substantial incentives for homeowners and landlords to invest in eco-friendly property improvements. To meet the UK’s climate targets and reduce household energy consumption, the budget offers reliefs and grants aimed at supporting property upgrades like improved insulation, solar panel installations, and energy-efficient heating systems.

This green initiative not only aligns with the UK’s broader environmental commitments but also enhances the appeal of sustainable properties for buyers. As energy-efficient homes promise lower utility bills, their desirability could rise, especially among cost-conscious buyers. For sellers, investing in eco-upgrades may increase property value and market appeal, as energy-efficient homes become an increasingly attractive option in the housing market.

Implications for the Housing Market and Conveyancing

These changes in the Autumn Budget 2024 are set to affect conveyancing processes by potentially increasing transaction costs and encouraging a shift toward affordable and sustainable housing. Buyers and sellers alike may see a shift in demand patterns, as affordability and eco-conscious features gain prominence. The increased SDLT costs for non-first-time buyers on properties over £125,000, as well as changes in CGT rates, could influence the timing of property transactions, particularly among investors and landlords.

For potential buyers, acting before the SDLT threshold changes take effect in March 2025 may yield savings, while landlords may consider selling properties sooner rather than later to avoid increased CGT liabilities. Eco-friendly improvements may also become a focal point in the conveyancing process, as buyers increasingly prioritize homes that align with sustainability standards. Additionally, conveyancing practices may need to adapt to the council tax changes for long-vacant homes, as property usage will have direct tax implications moving forward.

Our thoughts

In conclusion, the UK Autumn Budget 2024 introduces substantial changes to property taxation, incentives, and regulation that will shape the housing market in the coming years. While some measures may raise the costs of buying or investing in property, especially in higher-value segments, other initiatives aim to make homeownership more equitable and environmentally sustainable. These adjustments encourage a long-term shift toward a more balanced, affordable, and green property market, benefiting buyers, sellers, and the environment alike.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Autumn Budget 2024 – what do you need to know?

After months of uncertainty following the 2024 election, the government finally delivered the first budget of the new Parliament. As well as being the first Labour budget in 14 years, it was also the first budget delivered by a female Chancellor. Since getting into government, the Chancellor has been keen to remind the public of the poor state of the public finances, with the oft-repeated message of the “22 billion pound black-hole” left by the Conservatives precipitating a budget which included 40 billion pounds in tax rises.

Nevertheless, the government also announced a range of public spending measures aimed at delivering growth for a stagnant UK economy and supporting struggling public services. This impact of the Autumn Budget 2024 could be seismic and will be of significant interest to employers and employees alike.

What taxes did the government raise?

The 2024 Autumn Budget represents a significant increase in taxes which raises the tax burden to the highest level since the late 1940s.

As a result, there were some very significant tax rises announced by the Chancellor. Let’s take a look at some of these announcements on tax and spend.

Business taxes

Business swallows the vast majority of the tax increases introduced by the Chancellor, with the rise in employers’ national insurance making up over half of the tax rises. Here are the business tax announcements in full:

2% rise in employers’ national insurance contributions worth £25bn by the end of the Parliament.
Threshold employers pay on national insurance cut from £9100 pa to £5000.
However, doubling of employment allowance from £5000 to £10,500, doubling the amount businesses can reduce their national insurance liability by
Increased taxes on private equity bosses for successful deals from up to 28% to 32%
Energy profits levy due to rise to 38%
Raise in capital gains tax – both lower rate from 10% to 18% and higher rate from 20% to 24%
Capping of corporation tax at 25% for the remainder of the Parliament

Personal tax

The government’s promises “not to raise taxes on working people” left them with little wiggle room when it came to increasing taxes to fill the fiscal black hole in the public finances. As a result, personal taxes were largely untouched. The Chancellor had been expected to extend the freeze on personal tax thresholds beyond 2028 but has not done so. Some of the headline announcements include:

Personal tax thresholds to increase in line with inflation from 2028
Pensions and agricultural land to face inheritance tax
Freeze on inheritance tax thresholds to be extended after 2028 to 2030
Fuel duty frozen until 2028/2029
VAT (20%) to be levied on private school fees

Property announcements

Stamp duty surcharge on additional homes to increase from 3% to 5%. This also applies to those purchasing buy-to-let properties and purchases of residential property
First-time buyers continue to benefit from stamp duty threshold of £425,000 (until next year when it falls to £300,000)
Stamp duty threshold of £250,000 for home movers also remains in place
Stamp Duty thresholds to be lowered
Spending of £5bn on housing, including increasing the supply of affordable housing
Local councils to retain the earnings from council housing sales to allow them to reinvest

Public spending

£22.6bn increase in day to day NHS spending
£3.1 increase to budget for NHS investment
£6.7bn increase for education investment

Benefits, pensions and wages

Significant reform to National Living Wage (those over 21) with a rise from £11.44 to £12.21 from April 2025
Minimum wage will rise from £8.60 to £10 for 18-20 year olds
Minimum wage for apprentices will increase from £6.40 to £7.55 per hour
Increase of full-time earnings threshold for carers from £151 to £195 a week
Benefits to rise to 1.7% – in line with inflation
Increase in the state pension of 4.1% from April 2025

Justice spending

Finally, what may be of interest to many of our readers, the Chancellor also pledged spending on the justice system.

Increase of £1.9bn on justice spending over the next two years
Capital spending meanwhile will rise from £1.5bn in 2023-24 to £1.8bn this year and £2bn in 2025-26. This amounts to an average real-terms increase of 14.9% from 2023-24 to 2025-26
No mention of civil and criminal legal aid
£2.3bn of investment in prison expansion over 2024/2025 and 2025/2026, opening up thousands of prison places during this period

Our thoughts

These are just some of the announcements the Chancellor made in the 2024 Autumn Budget speech. While significant, it remains to be seen what the true impact will be on the UK economy. The Office for Budget Responsibility (OBR) has forecast that growth will be higher than expected in 2024 and 2025, before decreasing in 2026, 2027 and 2028.

Given the tax rises involved, businesses will be particularly concerned about what effect it will have on them. Nevertheless, the justification for this will be the need to primarily fund the NHS and the education system. As always, we will do our best to keep you updated on any further developments over the coming weeks and months.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Newcomer Injunction Against “Persons Unknown” Over Infringing Protests

Protests are part and parcel of British political tradition. However, it is also a reality that they may result in nuisance and trespass for property owners. If you are the owner of a property in which a protest takes place, you do not know the identity of the protestors who are responsible for infringement of your rights. In such circumstances, the courts have recognised that in order for justice to be done it may be appropriate to allow a claimant to obtain an interim injunction against “persons unknown”. This type of injunction is known as the “newcomer injunction”.

There are two recent decisions, namely London City Airport Ltd v Persons Unknown [2024] EWHC 2557 and Heathrow Airport v Persons Unknown [2024] EWHC 2599, in which the court granted the injunctions against the persons unknown to restrain the protests.

In both cases, the environmental groups planned disruptive actions and campaigning against the airports. The claimants sought the injunctions to restrain the acts which constituted trespass and nuisance. The court satisfied that the requirements for such injunctive relief had been fulfilled and the newcomer injunctions were granted.

Principles deciding whether to grant a newcomer injunction

The legal principles governing newcomer injunction which were established in the decision Wolverhampton City Council v London Gypsies and Travellers [2024] 2 WLR 45 were affirmed in these two decisions. In deciding whether to grant a newcomer injunction, the court will consider the principles of justice and equity and in particular the following :-

That equity provides a remedy where the other remedies available under the law are inadequate to vindicate or protect the rights in issues;
The equity looks to the substance rather than to the form;
That equity takes an essentially flexible approach to the formulation of a remedy; and
That equity has not been constrained by hard rules or procedure in fashioning a remedy to suit new circumstances.

In both of the airport cases, there is overlap between these two judgments as to the issues considered.

London City Airport decision

In London City Airport decision, the court considered that :

There was an imminent and real risk of harm from the threatened airport protests that justified precautionary relief;
The claimant established the causes of action in trespass and nuisance;
The balance of convenience and risk of grave injury favoured the grant of the injunction relief;
The protests were planned on private land where the unknown persons had no right to protest; and
An injunction was necessary as the byelaws are insufficient to deter the past airport protests.

Heathrow Airport decision

In the Heathrow airport case, the court considered that :

There was an imminent and real risk of the threatened harm from the protests;
The protests would constitute private and public nuisance;
The protests would be considered as trespass;
The legal tests for granting newcomer injunction were satisfied; and
Byelaws were insufficient to deter the protests.

Protest is not uncommon in UK. If a protest infringes your rights, newcomer injunction may be an option. Contact our litigation team today for further information.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Do I Qualify for Stamp Duty Relief as a First Time Buyer?

Buying your first home can be one of the most important moments in a person’s life. While the process of buying your first home can be challenging and sometimes stressful, first-time buyers do enjoy the benefit of stamp duty relief. In this article, we look at the details of First-Time Buyers’ Relief for buying a residential property in England.

Stamp Duty is a tax paid if the property you are buying is over a certain price. It’s important to note that Stamp Duty is only paid on properties worth £250,000 or over, with the exception to this being first-time buyers, who currently have stamp duty relief up to the value of £425,000. For the vast majority of property buyers who do pay SDLT, the rate is 5% between £250,001 and £925,000. This means that for those who aren’t first time buyers, they would pay £7,500 on a property which costs £400,000.

What are the criteria to claim stamp duty relief?

There is a purchase of a major interest in a single dwelling. If a purchase consists of two or more dwellings, the relief is not applicable. Also, the purchase of a leasehold property where the term is less than 21 years is not a major interest for the purposes of the relief. Relief cannot be claimed where the purchase consists of or includes non-residential land.

The purchase price is no more than £625,000. If the property is worth more than £625,000, there is no First-Time Buyers’ Relief and the buyer will pay the SDLT at the standard rates. If you are purchasing a leasehold residential property, the value of any rent payable under a lease is not taken into account.

The buyer must be an individual. If a company is the buyer or one of the buyers, no relief is available. Moreover, if there are more than one buyer and one of the buyers is not first-time buyer, relief is not available either.

The buyer intends to occupy the property as his/her main residence. If there are more than one buyer, all the buyers must intend to occupy the property as their main residence. In order to determine whether the buyer intends the property to be his/her main residence, HMRC will consider all the facts and circumstances of the case.

The effective date of the transaction is on or after 23 September 2022 (for the current first-time buyer SDLT relief rate).

The purchase is not linked to any other land transactions, except for land that is or forms part of the gardens or grounds of the dwelling.

Am I counted as a first-time buyer?

The first-time buyer must not, either alone or with others, have previously owned or partly owned another residential property or mixed property which includes a major interest in a dwelling situated anywhere in the world.

If you inherited a property or are a beneficiary of a trust that owns a property, you will not be counted as a first-time buyer.

Nonetheless, the restriction does not apply where the interest acquired was the grant or assignment of a lease with less than 21 years to run.

Unlike considering whether the higher rates SDLT apply, HMRC will not consider whether the non-purchasing spouse / civil partner has previously owned a major interest in a dwelling. Even though your spouse / civil partner has previously owned a residential property, as long as (1) you are a first-time buyer, (2) your spouse / civil partner is not one of the buyers and (3) he/ she does not currently own any other property, you can still be eligible to the first-time buyer relief if all criteria are met.

How much is the SDLT for first time buyers?

If you are eligible to claim the relief, the first-time buyer SDLT rates are as follows:

The above SDLT rates will only be in place until 31 March 2025. The government announced that any transaction which completes thereafter will be subject to the increased rates of SDLT. Taking into account of the fact that an average residential property transaction takes between 12 to 16 weeks (but can be even longer in certain circumstances), if you plan to purchase your first home recently, you are advised to realise your plan sooner rather than later.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

Law Student Fails in Council Tax Exemption Dispute

A student found himself in hot water after applying for an council tax exemption for a property he was living at in Bath.

The case offers lessons around whether students are liable for council tax based on the status of the property and whether it is also their main residence. The lack of evidence for the property being the student’s main residence ultimately meant that the student failed in his attempt to be exempt from council tax.

The case

The subject of this case is a High Court appeal by Mr Marshall (“the Appellant”) against a decision made by the Valuation Tribunal for England (“the Tribunal”) of the local council (“the Respondent”). The appellant contested the decision of the Respondent which determined that the property was liable for council tax and did not qualify for a statutory exemption based on his student status. After the Tribunal dismissed his appeal under the Local Government Finance Act 1992, he subsequently appealed under the 2009 Regulations.

The Issue and the Law

The Appellant, along with his siblings and father, Mr Marshall KC, is a long leaseholder of a property located at a property in Bath, which they acquired in February 2022. During the Appellant’s studies at BPP University Law School from September 2022 to June 2023, he resided with his parents in London.

The dispute arose from a Council Tax Bill dated in December 2022, which charged £818.21 for the period from November 2022 to March 2023, with instalments due in January, February, and March. In February 2023, the Appellant submitted a request for a Class K exemption, claiming full-time student status and seeking reimbursement for payments made. The Council requested proof of residence, including utility bills and a student certificate.

The Appellant provided a Certificate of Student Status and other documentation but refused to supply additional evidence, stating that his parents covered the utilities. The Respondent continued to request further documentation to verify the Appellant’s residency.

The Respondent rejected the exemption claim, citing that the leaseholders were liable for the Council Tax and that the Appellant had not provided sufficient evidence to support his claim of residency or that the other owners were full-time students. The application for the Class K exemption was ultimately denied due to failure to meet the necessary criteria.

Tribunal appeal

The Appellant appealed to the Tribunal who gave its decision on April 2024, addressed an appeal regarding the respondent’s determination that the Appellant was not entitled to Class K or Class N exemptions for the disputed period. The Tribunal examined evidence presented by both parties, including statements, utility bills, and a student certificate. The main issue was whether the Appellant occupied the property as his main residence during the disputed period.

The Tribunal noted that while the Appellant was a joint owner and a student, there was insufficient evidence to prove that the property was his main residence. The evidence provided, such as utility bills and a student certificate, did not support the claim of main residence, as the Appellant primarily resided in London during the week and only stayed at the property on weekends. Therefore the Tribunal found that the scant evidence did not meet the burden of proof required to establish the property as the Appellant’s sole or main residence.

The Conclusion

The High Court Judge considered the facts in accordance with the legislative framework for council tax. The central issue for the application is the “sole or main residence” test for Class N exemption from council tax. The Appellant contends that this test should not apply to his case, which is based on his status as a student residing at the property during the Occupation Period.

The Appellant’s arguments included claims that the Tribunal misinterpreted evidence and failed to consider all witness statements. However, the Tribunal’s decision was upheld, as it was determined that the Appellant’s presence at the property did not constitute main residence, given the evidence of his living arrangements and the nature of his occupancy.

The appeal was ultimately dismissed, with the Tribunal’s conclusions regarding the definition of “resident” and the assessment of main residence being deemed appropriate and legally sound. The Tribunal’s findings were based on a comprehensive evaluation of the evidence, and the Appellant’s claims were found to lack sufficient merit to overturn the original decision.

The judgment was handed out on 11 October 2024.

Have questions? Get in touch today!

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

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

Sumit Singh

See Full Bio

News and Insights

Common Grounds for Section 8 Eviction

How can a tenant be evicted under Section 8?

What else should landlords bear in mind?

Our thoughts

Have questions? Get in touch today!

Applying for a Sponsor Licence

Key personnel for sponsor licence

Do I need a physical office when applying for a sponsor licence?

Skilled worker visa for hospitality workers

What fees do I need to pay to employ hospitality workers from overseas?

Other responsibilities

Minimum salary

Informing the Home Office and Updating Records

Which hospitality jobs are classed as being high-skilled roles?

Conclusion

Have questions? Get in touch today!

The Role of E-Signatures

Benefits of E-Signatures in Conveyancing:

Online Property Portals

Key Features of Online Property Portals:

Digital Mortgage Approvals

Advantages of Digital Mortgage Approvals:

The Future of Conveyancing

An Unwelcome Early Entry

Unpacking the Legal Complexities: Deposit Protection and Property Rights

Court Proceedings and a Favourable Resolution

Protecting Your Rights

What is the High Potential Individual Visa?

Eligibility Criteria

Application process

Successful applications

2024 Global University List for HPI route

Stamp Duty Land Tax (SDLT) Adjustments

Capital Gains Tax (CGT) on Second Homes and Rental Properties

Council Tax Surcharges on Long-Vacant Properties

Incentives for Eco-Friendly Home Improvements

Implications for the Housing Market and Conveyancing

Our thoughts

What taxes did the government raise?

Business taxes

Personal tax

Property announcements

Public spending

Benefits, pensions and wages

Justice spending

Our thoughts

Principles deciding whether to grant a newcomer injunction

London City Airport decision

Heathrow Airport decision

Have questions? Get in touch today!

What are the criteria to claim stamp duty relief?

Am I counted as a first-time buyer?

How much is the SDLT for first time buyers?

Have questions? Get in touch today!

The case

The Issue and the Law

Tribunal appeal

The Conclusion

Have questions? Get in touch today!

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar