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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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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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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Ben qualified as a Solicitor in 2015 having completed his Training Contract with a Legal 500 firm in the West Midlands.

He has worked for a range of firms across the Midlands and specialises in all aspects of residential property with clients returning to him for his calm and efficient approach.

He is currently training to be a Notary Public and is aiming to qualify in 2024.

Outside of work, Ben enjoys keeping fit, learning Spanish, playing golf and writing.

A warm welcome to the team Ben, from all at BTTJ!

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National Conveyancing Week has been launched to raise the profile of organisations who conduct property transactions, with the inaugural event taking place from 20th-24th March 2023.

Property lawyers up and down the country are taking part in a series of events over the course of the week designed to educate and inform all those involved in the home-moving process about the often complex role of the lawyer in helping people move home.

The property market is the backbone of the UK economy. A healthy property market will generate c. £50bn of economic activity each year as home movers pay for the direct home moving costs (banks, mortgage brokers, estate agents and property lawyers) alongside an estimated £25,000 per home move on soft furnishings, technology and connectivity, and white goods.

Since 2020 the property market has seen record high numbers of people moving. Factors like home-working have seen significant demographic shifts in lifestyle as people have sought more space; moving away from commuter belts into more rural locations and seeking additional rooms for home offices and studies.

This demand has driven record house prices and resulted in removals firms, estate agents, banks, and property lawyers struggling to cope with record levels of demand for their services.

Throughout the course of National Conveyancing Week, estate agents, mortgage brokers and introducers, and the home-moving public are invited to take part in a series of in-person events, and online and on-demand sessions to better understand the role of property lawyers in the home moving process.

Founder of National Conveyancing Week Rob Hailstone says:

“Home buying and selling is one of the most important events that takes place in the lives of nearly everyone at some point in time. It can be time consuming and difficult to understand for many. National Conveyancing Week aims to help de-mystify the many strands that make up the process, not just for the general public but also for the numerous stakeholders involved in it.”

National Conveyancing Week takes place between 20th -24th March. For more information see https://conveyancingweek.co.uk/

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Alex Khan, Partner & Property Solicitor says: “The government has spoken about Leasehold reform for a number of years and I hope these changes are the start of things to come. These changes are only for new leases and property owners of flats are still at the mercy of the current legislation”.  

Information published on the gov.uk website is as follows:

The Leasehold Reform (Ground Rent) Act 2022 comes into force on 30 June 2022, except for retirement properties where it will not come into force before 1 April 2023.

It puts an end to ground rents for new, qualifying long residential leasehold properties in England and Wales. This is part of the most significant changes to property law in a generation.

After the Act comes into force, ground rent in most new leases cannot legally be for anything more than “one peppercorn per year”. This “peppercorn rent” means that no money can be legally charged or paid as ground rent on leases regulated by this Act.

The Act bans freeholders from charging administration fees for collecting a peppercorn rent.

Fines of up to £30,000 may be levied where ground rent is charged in contravention of the Act.

There are very few exceptions from the Act, which are:

-Applicable community-led housing

-Certain financial products

-Business leases which are defined by the Act as leases of commercial premises which include a dwelling, use of which substantially contributes to the business purposes

Statutory lease extensions for both houses and flats remain unchanged and are therefore exempt from the provisions of the Bill.

For existing leaseholders entering into voluntary lease extensions after commencement, the extended portion of their lease will be reduced to a peppercorn.

Alex states: “It is important to get for Tenants to obtain the right advice from a solicitor and surveyor who have experience in the area of leasehold enfranchisement”

Contact our highly experienced Conveyancing team on 02476 531532 or email enquires@bttj.com for more information

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