Tag: Law

Uncategorized

Shared Ownership Leaseholders: New Protections Explained

bruceandholly
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Britain’s quarter million shared ownership leaseholders may be feeling that that little bit more secure with the coming into force of the Renters’ Rights Act 2025 on 1st May 2026. The same with apply to any other leaseholder whose annual ground rent had escalated to more than £1,000 in Greater London or £250 elsewhere. Before the changes took effect, any of those leaseholders could have been thrown out of their properties if they fell behind in their rent by as little as 2 months. This was because annual ground rents above the £250 [£1,000] threshold were technically classed as assured tenancies under the Housing Act 1988, which meant that a ground landlord could end the tenancy on grounds of rent arrears by serving notice under Section 8 of the Housing Act 1988 instead of going through a long-winded forfeiture process.Shared ownership leases which had not staircased to 100% were always caught within this trap because the rental element would always exceed the assured tenancy thresholds.

The change does not mean that shared ownership leaseholders or for that matter any other leaseholder cannot be evicted for rent arrears. It just means that the ground landlord has to go through the full forfeiture process which applies to all residential leases and which will always give a tenant relief against forfeiture if they can make up the rental shortfall and reimburse associated legal fees. What the Renters’ Rights Act did was to take any fixed term residential lease for more than 7 years outside the assured tenancy regime.

Shared ownership means that the residential leaseholder does not own their property outright until they have staircased to 100% but instead owns only their share in the property and pays a social rent on the remainder. The purpose of shared ownership is to enable anyone who cannot afford to buy outright, a means of getting on the housing ladder.

Law

The Dangers of Relying on AI for Legal Cases

bruceandholly
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Using AI is like taking legal advice from a man in a pub. You might come away with some good tips. Though you wouldn’t want to trust his advice without first checking it out. Particularly if you are preparing a case for trial. But so many lawyers seem to do just that. Particularly those still at the learning end. They’re the ones getting caught out. But it is usually their employer who gets the grief.

Think of AI as an advanced search engine. It does more than simply searching out internet content and presenting it to you as a series of links. It goes further by mashing up that content and then reconstituting it as its own work. So is it surprising that AI sometimes gets it wrong? And there’s another thing. Everything downloadable from the internet is somebody else’s intellectual property. So when you are reusing that mashed up content and passing it off as your own work, you are opening yourself up to a damages claim.

Don’t get me wrong. I sometimes use AI myself. But only a starting point. I might ask it to list out some cases relevant to the matter with which I am dealing. I will then go on to the BAILII website and search out those cases and download the PDFs. But sometimes my AI has responded with an answer which I know is wrong. So I will always defer to my own professional judgment. Because that’s what I’m paid to do. And yes – I can always sense when something has been written by AI.

Uncategorized

Renters’ Rights Act 2025 – It’s Arrived!

bruceandholly
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Christmas has come. Shorthold tenants are now sitting tenants. You can live there as long as you want to. Just as long as you pay your rent and are neighbourly. Except if your landlord had already served the section 21 notice on you before the end of April 2026. Then it’s just about waiting to see if possession proceedings are issued before the 1st August 2026 cut off. If those possessions proceedings have been issued, it may then take a couple of weeks before you even find out about it. Because a congested civil court system is going to become even more stretched with thousands of landlords issuing their section 21 claims before the statutory cut off. Then there’s the bailiff’s appointment to carry out the actual eviction – which potentially could take much longer. Because bailiffs are going to be very busy.

Being a sitting tenant does not mean that your continued occupation is guaranteed. Because even under the new rules, a landlord can still initiate an eviction process if they can prove a genuine intention to sell the property with vacant possession. But that’s going to be a long-winded process.

For those landlords who are staying in the market, get a reputable letting agent. Someone who is up to speed with the changes. Even if you have to pay a little bit more for that quality of service They will be the people on whom you will be relying to protect your interests. Between now and the end of May 2026, there is work which they need to attend to, to protect you from big financial penalties.

It’s also going to be a busy time for your local council. Especially their homeless team. Everyone who has received a section 21 eviction notice before the 30th April 2026 cut off is going to need somewhere else to live. But only those former tenants with a ‘priority need’ (for example those with children or a serious health condition) can be guaranteed somewhere to live, even if it’s only bed and breakfast. So there’s going to be lots of business for hoteliers.

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housing, Law, Uncategorized

I’ve received a section 21 eviction notice from my landlord. What can I do?

bruceandholly
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If you occupy your home under an assured shorthold tenancy, you may be amongst the thousands of people who have received from your landlord a section 21 eviction notice before the Renters’ Rights Act 2025 takes effect on 1st May 2026. On that day the law changes. Tenants who previously could have been evicted on as little as 2 months notice will then have lifetime security of tenure. Landlords will only be able to evict a tenant if they can prove to a judge that they have legitimate grounds to do so. What this means is that many buy-to-let landlords are trying to get out of the market before the law changes on that date. So what do you need to do if you are a tenant who has received a section 21 eviction notice?

  • Sit tight. At least for the time being. A landlord who evicts you, still has to go through the process of getting a possession order through the courts, even though there is currently an accelerated process for doing this. And even after a court order has been obtained, the only way which a landlord can forcibly evict a tenant is by engaging the services of a bailiff, which itself can take months.
  • if you have received a section 21 notice but your landlord has not issued court proceedings against you before a 1st August 2026 cut off date, the Section 21 notice will lapse and the landlord will have to start the whole process again. Only this time round, you will be a sitting tenant. It means that the only way your landlord will be able to evict you is if they can convince a County Court judge that they have legitimate grounds for ending your tenancy. A process which could take up to a year, given the current delays to the court system in the UK.
  • If you have children living with you, or are pregnant, or are old or have a serious health condition, your local housing authority may have a duty to ensure that you are not left out on the street. In other words, homeless legislation regards you as someone having a ‘priority need’ for rehousing. So don’t forget to get in touch with your local council as soon as possible.
Uncategorized

UK Procurement: Supporting Local Businesses Through New Legislation

bruceandholly
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I’m always astonished that any industry still exists in the UK, with the highest energy costs in the world and successive governments which, for as long as I can remember, have been too quick to procure goods and services from abroad, even when it means the loss of UK jobs. Whatever happened to a level playing field? It’s also why I’m encouraged by the Local Government (Exclusion of Non-Commercial Considerations) (England) Order 2026, which allows local authorities to favour either UK companies or those which are locally based, when making procurement decisions. But the new legislation has its limitations:

  • The ability to favour local industry or that which is UK based only applies to the lowest tier of procurement which does not have to go out to formal tender. This means supplies or services contracts with a value under £207,720 and works contracts which are under £5,193,000
  • The legislation is permissive. which means that councils are under no obligation to favour local business or that which is UK based. Any council which wishes to use the legislation must update its contract standing orders to allow it to do so and also make clear in any advertisement that bidding is limited to UK companies or those which are locally based