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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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.

The post Autumn Budget 2024: Changes to Stamp Duty appeared first on Brindley Twist Tafft & James.

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.

The post The Leasehold and Freehold Reform Act 2024 becomes law appeared first on Brindley Twist Tafft & James.

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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The property market always has its ups and downs.  The current market is faced with its challenges: increasing interest rates, inflation and property values steadily decreasing.  That said in a downturn there is always an opportunity for property investors and buyers.

House buying and selling is expensive taking into account estate agency fees, stamp duty and legal costs.  For everyone, every penny counts.  There are still various options available which can help in the home buying process.

In particular, first time buyers will benefit from not having to pay any stamp duty.  There is no Stamp Duty threshold for first buyers up to £425,000 and 5% on the portion from £425,001 to £625,000.

Buyers can utilise and take advantage of any Government schemes; setting up a Lifetime ISA , Help to Buy ISAs or where you are buying a new build property, you can always ask the developer if they can help with your deposit, part exchange, financial incentives such as contributing towards your Stamp Duty.

There are also areas where perceived savings may not be what they seem. Reputation and specialism count, especially when it comes to one of the biggest expenses you’ll ever have to budget for in your lifetime.

Buying and selling property takes knowledge and expertise and it is important for you to choose a solicitor that is experienced in the legal and administrative aspects of conveyancing, but also providing practical solutions.  We encourage our clients to engage with us at the early stage of the home buying process even if it is to start to prepare the necessary forms and gather tile documents in readiness for a potential sale.

We will provide breakdown of our legal fees and disbursements at any stage so you can factor these costs in the process.  We are accredited with the Law Society Conveyancing Quality Scheme (CQS) and adhere to the necessary protocols that clients and mortgage lenders expect.

For further information, please contact our friendly Residential Conveyancing team, we have conveyancers located at all four of our offices.

Article written by Conveyancing Solicitor Kashifa Hussain

The post Purchasing A Property appeared first on Brindley Twist Tafft & James.

A local authority will need to decide as to whether or not a vacant premises (i.e. one being vacant for at least 366 days in the last two years) should be subject to a rental auction. To “auction” the property, the local authority would need to take the following steps:

• Serve an initial letting notice on a landlord preventing it from letting the premises whilst the notice is in force without the local authority’s consent unless the landlord has previously entered into a contract with a proposed Tenant.

• The local authority may give consent where a tenancy agreed by the landlord is for at least one year and the local authority is satisfied that it will lead to the premises being occupied by regular presence of people.

• If the premises have not been let within 8 weeks of the initial notice, the local authority can serve a final letting notice on the landlord, but this has to be before the initial notice has expired.

• The final letting notice will expire at the end of a maximum 14 week period if it has not been revoked or withdrawn on appeal.

• During the final letting notice period the landlord will not be able to let the premises or carry out works to the premises without written consent from the local authority and the local authority can arrange rental auction of the property.

Once a successful bidder is found by the local authority, the landlord would not be involved in any contract negotiations and the tenant would sign a contract / agreement for lease however the landlord would not be required to do so. The contract / agreement for lease is expected to set out the terms of the tenancy and could contain an obligation on landlords and/or tenants to carry out works. The contract would state that any lease would be excluded from the Landlord and Tenant Act 1954.

The intention of the proposal is to increase investment into high street premises and regenerate towns and city centres however forcing the landlord to enter into a contract with a tenant they would not have ordinarily considered could lead to, amongst other things a strained landlord and tenant relationship.

The UK government has launched a consultation in relation to the proposed initiative which closes on 23 June 2023 after which finer details will be incorporated/ set out. There has been strong industry objection and the aim of the consultation is to seek the opinion of commercial landlords who will undoubtedly be concerned with the impact the process will have on their investments.

For further advice on the above or any other Comercial Property issues, please contact us

Article written by Commercial Property Solicitor, Bejul Lakhani-Lever

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