Lynsey completed her law degree from Staffordshire University in 2012 and has over 6 years residential conveyancing experience dealing with a wide range of transactions including freehold and leasehold sales and purchases including both registered and unregistered properties, re-mortgage, and transfers of equity.

She is based in the Balsall Common Office working alongside Kate Weston.

Lynsey strives to provide a seamless and personable service for her clients

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So what are the key measures of the Act?

• Existing assured tenancies (fixed term and periodic) will convert to periodic assured tenancies. This means that by default all tenancies will become periodic (rolling) tenancies. With all tenancies being periodic, tenants can decide to end their tenancy by giving just two months’ notice.
• No new fixed term assured shorthold tenancies (ASTs) can be granted.
• Section 21 “no fault” eviction notices can no longer be served, meaning landlords can no longer evict tenants without providing a valid ground.
• Limits on rent increases. Rents will be increased by landlords once every twelve months, to the open market rent only.
• Prohibition on rental bidding wars.
• Anti-discriminatory measures (prohibiting refusals based on benefits or children).
• Tenants will have the right to request they rent with a pet and permission cannot be unreasonably withheld by the landlord. Landlords cannot require insurance to cover pet damage or increase the deposit for additional risk.
• New regulatory framework.
• Enhanced enforcement powers for local authorities.

Further parts of the Act will be implemented later in 2026 although there is plenty of food for thought for landlords in the meantime, particularly the implications of extended notice periods and restrictions on regaining the property when deciding whether to sell, move back in or renew existing tenancy agreements.

Article written by Property Solicitor Ben James

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Residential Conveyancing Solicitor Ben James discusses the proposed changes below….

Dating back to feudal times, more particularly the reign of King Henry VIII, chancel repair liability concerns the cost of maintaining church chancels – the eastern end of the church, where the altar is located.

Despite reform in October 2013 when property lawyers thought that chancel repair was going to be abolished and assigned to the history books by having its overriding status removed on the title register, this did not come to pass where land had not been transferred for a period of time and the first purchase for value after October 2013 was your own purchase of land. This means that some can still be called upon to fund repairs, and although rarely enforced, the liability can be financially ruinous.

The Law Commission now wants to ensure that chancel repair does not bind purchasers of land unless it is registered and therefore visible to purchasers on the title register, avoiding the need for chancel repair searches and/or insurance.

The Law Commission proposes the following:

• Clarify that a buyer of registered land will only be bound by CRL if it is noted on the title at HM Land Registry;
• Clarify the effect of the first registration of unregistered land on CRL;
• Recommend that the amendments should apply retrospectively so that they apply to transactions since October 2013, potentially cleaning up murky titles;
• Put an end to uncertainty about the effect of land registration on CRL.

These proposals will surely be welcomed by property lawyers although it will be interesting as to how HM Land Registry approach registrations going forward.

The consultation is open until 15^th November 2025.

Ben James is a Solicitor within our busy Residential Conveyancing team, based out of our Coventry office. Please contact our friendly team for all of you property needs.

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The Residential Conveyancing team here at Brindley Twist Tafft & James makes up the largest department in our firm

Take a look at our Conveyancing services here

#NCW2025

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Stamp Duty

• From the 1^st April, the SDLT nil rate band threshold will fall from £250,000 to £125,000 (returning to 23 September 2022 rates) and SDLT will (as before that date) be chargeable at 2% (or where the higher rate on additional dwellings and/or non-UK resident surcharge applies, an additional 2%) on the difference.
• First time buyer’s relief will only be available where the purchase price of the property does not exceed £500,000 (down from the current cap of £625,000); and the current £425,000 nil rate band first-time buyer’s relief threshold will fall back to £300,000 (with the difference being chargeable to SDLT at 5%).

Leasehold and Freehold Reform Act 2024

• On 31^st January, the Leasehold and Freehold Reform Act 2024 (Commencement No 2 and Transitional Provision) Regulations 2025 (SI/2025/57) came into force. Previously, leaseholders had to own their property for two years (known as the “qualifying period”) before they could extend their lease or purchase the freehold of their property. This is no longer applicable. The change applies retrospectively, meaning that it is not limited to leases granted after 31 January 2025. Housing Minister Matthew Pennycook has stated that this is an initial step towards the overhaul of the leasehold system and that the Labour government will continue to implement the measures set out in the Leasehold and Reform Act 2024.
• There will be further consultations in 2025 regarding service charges and costs, valuation rates for enfranchisement and commonhold.

The Renters’ Rights Bill

• Regulated providers of social housing will be affected by the following changes:
• – The end of assured shorthold and fixed term tenancies
• – Tenancies over 7 years won’t be assured tenancies.
• There will be further changes to the grounds for possession.

It is clear that 2025 is going to be a busy year for legal practitioners and property stakeholders with the Government seemingly serious about initiating a series of changes, some of which will be quite radical.

Please contact our expert Property Lawyers for assistance with any Residential Conveyancing enquiries.

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After the much-anticipated recent Labour budget, increases in stamp duty land tax (SDLT) for non-primary residences were announced. The higher rate for additional properties was raised from 3% to 5% with effect from 31^st October 2024 (although most contracts exchanged in advance should not be affected by the increase). The government hopes that the move will help free up housing stock for first-time buyers and movers without an additional property.

The single rate of SDLT payable by companies purchasing dwellings over £500,000 was also increased, from 15% to 17% (again, from 31^st October 2024).

From 1st April 2025, there will be further changes coming into effect in terms of changes to the Stamp Duty Bands (thresholds) :

• The nil rate threshold which is currently £250,000 will return to the previous level of £125,000.
• The nil rate threshold for first-time buyers which is currently £425,000 will return to the previous level of £300,000.

These measures are likely to affect those looking to invest in rental properties. This is further to the reforms set out in the recent Renters’ Rights Bill, with the abolition of “no fault” evictions and limits on rent increases amongst the proposed reforms.

Capital Gains Tax

Despite much speculation around capital gains tax (CGT), rates for residential property remain unchanged. Adding further to the tax burden was perhaps considered a step too far for the sector if coupled with the SDLT increases discussed above.

Our experienced Residential Conveyancing team are here to help.

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Planning and Infrastructure Bill

This Bill seeks to introduce measures to streamline the delivery of critical infrastructure. The briefing note published shortly after the Kings Speech focuses on energy infrastructure which ties in with the new government’s ambition to create Great British Energy, a publicly owned energy company.

There will also be changes made to the compulsory purchase regime which ensure “fair but not excessive” compensation.

Draft Leasehold and Commonhold Reform Bill

Further to the Leasehold and Freehold Reform Act 2024 which was given Royal Assent on 24^th May 2024, one of the final pieces of legislation pushed through by the last Government, this bill goes further and promotes commonhold as a replacement tenure to leasehold. It will do this in part by modernising the existing legal framework to bring the “feudal leasehold system to an end”.

The sale of new leasehold flats will be restricted and the government has said that it will consult on how to do this. Existing ground rents will be regulated as will “‘fleecehold’ private estates and unfair costs” which affect some new freehold estates.

The government also stated its commitment to bring into force the new homeowner protections in the Leasehold and Freehold Reform Act 2024.

The government will end forfeiture in the context of home ownership to avoid leaseholders risking their homes for disproportionately small debts.

It anticipates enacting the remaining recommendations of the Law Commission on lease extensions, the right to buy and the right to manage.

The Terrorism (Protection of Premises) Bill

The Terrorism (Protection of Premises) Bill (“Martyn’s Law”) has remained part of the new government’s legislative programme. This will continue to be of significant interest to those that control real estate to which members of the public have access who will need to ensure compliance once it becomes law to ensure the public are adequately protected against terrorism.

Renters’ Rights Bill

The Renters’ Rights Bill looks at strengthening rights of residential tenants and reforming the grounds landlords can use to take possession.

It will include abolishing Section 21 “no fault evictions”, reforming possession grounds so these are “clear and expanded”, enabling landlords to recover property when they need to and allow tenants the ability to challenge rent increases and end rental bidding wars.

Tenants will be given a right to request to keep pets that landlords cannot unreasonably refuse (backed by insurance to protect landlords against damage). A new “Decent Homes Standard” will provide safe homes that are secure and hazard free. “Awaabs Law” will be brought in to ensure that homes are made safe according to a clear legal framework.

A digital private sector database will be created to provide information for those in the private rented sector (landlord, tenant and councils). It seems the intention is to create a one stop shop for key resources and information for those in the sector.

A new ombudsman’s service will, hopefully, reduce the need for parties to litigate and so reduce costs and while providing a binding, impartial means of resolving disputes.

It will be illegal for landlords to discriminate against tenants that have children or receive benefits and local councils will have strengthened investigatory and enforcement powers.

English Devolution Bill

The English Devolution Bill looks to provide local communities with a new ‘right to buy for community assets’. It is intended this will include empty shops, pubs and community spaces, the hope being that it will breathe life into high streets and reduce voids. Whether this is in addition, or instead of, existing legislation protecting assets of community value will no doubt be in the detail once the Bill is published.

For further property advice, please contact our experienced Conveyancing team.

Article written by Conveyancing Solicitor Ben James.

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What are the key takeaways from the Act?

• Increases the standard lease extension for both houses and flats to 990 years.
• Makes it cheaper for leaseholders to extend their lease or exercise their collective enfranchisement rights.
• Bans the sale of new leasehold houses (with certain exemptions).
• Removes the two year ownership requirement before the right to extend or buy the freehold can be exercised.
• Increases the pool of leaseholders who can exercise enfranchisement or Right to Manage rights by changing the percentage of commercial floor space from 25% to 50%.
• Increases the transparency of service charges.

Notable things which did not make the Act

No amendments were made to restrict ground rent before the Act received Royal Assent. There had been Law Commission consultations on potentially capping ground rents at £250 per annum, or reduce them to zero, and the Act is seen as underwhelming by many.

Another notable omission from the bill is the prevention of forfeiture, a draconian measure which can possibly be exercised by freeholders to bring the lease to an end.

There is currently no commencement date for the Act and it will be for whoever forms the next Government to decide on when it will be implemented. There may also be further reform.

If you require advice relating to the above, or any property matter, please contact our expert Property team who will be happy to assist.

Article written by Residential Conveyancing Solicitor Ben James.

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A fantastic opportunity to network with local property investors.

As industry experts, Alex presented ’10 Steps To Completion’ to the attendees explaining the conveyancing process & Susan presented ‘An Introduction to Anti-Money Laundering’.

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MDR is a Stamp Duty tax relief regime that can apply to both individuals and businesses buying more than one dwelling in one transaction. It allows purchasers to calculate the tax based on the average value of the dwellings purchased as opposed to their aggregate value. This has been a valuable tax saving for purchases buying larger residential properties with a separate annex, sometimes including a so-called “granny flat” (assuming that all of the relevant conditions for MDR were satisfied in the particular case), however it is now being scrapped after perceived abuse.

The abolition follows an HMRC consultation in 2022. The rules for mixed-use properties were also looked at (i.e. those with both residential and non-residential elements) however the Government has decided not to make any changes to the current legislative rules.

One of the reasons for the abolition of MDR is that the Government has also concluded that it only had a minimal impact on the housing supply overall and that the relief no longer achieves its original aims. Another, probably more significant, reason is that the abolition is expected to raise £220 million in 2025/26 and over £300 million in subsequent years.

It should be noted that contracts that were exchanged before 6 March 2024 will remain eligible for the relief regardless of when completion occurs, provided that there is no variation of the contract.

In conclusion, removing MDR will provide clarity for buyers (and lawyers) and will simplify Stamp Duty calculations. Property lawyers are unlikely to shed a tear over its demise, particularly as an industry of ‘SDLT reclaim agents’ emerged, akin to the Stamp Duty equivalent of ambulance chasers, as a result of the relief being rarely clear cut. They often contacted buyers after completion, suggesting that MDR could be claimed as part of the property constituting a separate dwelling, leading to spurious “granny flat” claims. However, it is worth bearing in mind that there is no statutory definition of “suitable for use as a single dwelling” and this ultimately meant that buyers could not always be certain as to whether they had a valid claim for MDR or not.

For further advice on this MDR matters, or any property related legal advice, please contact our experienced Residential Conveyancing team.

Article written by Property Solicitor Ben James.

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