Neil Patterson

Under the Leasehold Reform Act 1967, a long leaseholder of a house has a statutory right to enfranchise (i.e., buy the freehold) if certain criteria are met — which you clearly do.

The premium payable is governed by statutory formulae that depend primarily on:

Ground rent and its capitalised value, and

Reversionary value (i.e., what the freeholder’s interest will be worth when your lease expires).

Because you have 900+ years remaining, the reversionary value is essentially zero (discounted at any realistic yield, the value in present terms is pennies).

So, the only real element is the capitalised value of the £15 annual ground rent.... Read More

Oh and EPC E !!!... Read More

Should be a £40,000 fine for Rachel Reeves.

No hiding behind the agent for this one!... Read More

Mike was the best of us.

Rest in Peace my Friend... Read More

This is an 8 year old article and correct at the time of press.

Please feel free to update any changes in the comments section.... Read More

For CGT purposes, the acquisition cost of the property is the market value at the date of death.

That means if the house was genuinely worth around £260k on the date of death, that’s the “base cost” you inherit for CGT.

If you sell shortly afterwards for around £270k, the gain is only the difference between the true DOD value and sale proceeds, not the difference between your reported £239k probate figure and sale proceeds.

The figure you put on the probate form is primarily for IHT purposes. Since your mum’s estate was nowhere near the IHT threshold, HMRC aren’t losing any IHT by you having reported £239k rather than £260k.

What matters now is that HMRC could question the probate valuation if they think it was “undervaluing” the estate. That’s why they told you about the C4 corrective form.

Technically, HMRC guidance says you should submit a C4 if the original valuation turns out to be materially wrong — even if no IHT is due. But in practice, HMRC are not usually concerned with correcting small under-valuations when no tax liability changes (i.e., still no IHT due).

The Probate Registry itself told you not to amend unless challenged, which is fairly common advice in no-IHT estates.

Will you get a CGT bill?

If you sell at £270k and HMRC accept that the true DOD value was £260k, your gain is only £10k.

Against that, you can deduct:

Annual CGT exemption (£3,000 for 2025/26, assuming you haven’t used it elsewhere).

Estate agent and solicitor fees. Possibly a share of any other costs associated with sale.

In most cases, that wipes out the “paper gain”. Even if there’s a small gain left, it would be subject to 18% or 24% (depending on your income tax band) on residential property. So the actual tax bill might be negligible.... Read More

"Elsewhere during the debate, the government also approved its own amendment which would give landlords three months to evict tenants as long as possession notices are served before the Bill becomes law.

Give the Secretary of State powers to amend the Section 13 rent increase rules at a later date if a backlog of cases builds up in the court and allow councils to enter properties to inspect conditions without prior notice.

The government also approved, in a double standard, that they will exempt purpose-built student accommodation from the Bill and they will still be able to issue fixed-term tenancies."... Read More

Please see my note above. HMRC will come for their pound of flesh!... Read More

Normally, under an AST, you only have a right of entry with 24 hours’ notice (except in an emergency).

Now, because the electricity has been disconnected and there may be damage (e.g. bypassed meters, water leaks, mould from grow tents), you can argue there is an emergency / urgent need to secure and inspect. That gives you a right to enter without notice.

If the police have sealed or secured the property as part of evidence collection, do not interfere with their seal. Enter only once the police confirm you may.

Call 101 and ask for the case officer’s details. Say you are the landlord, concerned about safety and property damage, and ask whether you may attend to inspect and secure the property.

The tenant’s possessions (other than illegal items seized by police) remain their property.

You cannot lawfully dispose of or sell them without following the Torts (Interference with Goods) Act 1977 procedure. That means:

Giving notice to the tenant (last known address, email, even pinned to the property).

Storing goods for a reasonable period (usually 14–28 days) before disposal.

However, if the police have removed cannabis plants, hydroponic equipment, etc., those are usually destroyed as evidence. You don’t handle those.

Check your insurance: Most insurers require immediate notification if the property was used for criminal purposes. They may want police reference numbers and evidence of forced electricity tampering.

Secure the property: If it has been left open or unsafe (broken doors, bypassed electrics, fire hazards), you are entitled to make it safe immediately.

The arrest itself does not automatically end the tenancy.

If the tenant returns, they legally still have a right to occupy unless you serve notice or obtain possession.

Grounds under Section 8 Housing Act apply:

Ground 12: breach of tenancy terms (illegal use).

Ground 14: anti-social/illegal use of premises.
These can be used to apply for possession (sometimes mandatory, often discretionary).

Council & licensing: If you are in a selective licensing area or an HMO, report the incident to the council — otherwise you risk them alleging you didn’t act “fit and proper”.

Call police again (101, crime reference no. if possible) ask when you may attend.

Inspect the property (with a witness if possible, e.g. contractor, letting agent).

Immediately secure electricity, doors, windows instruct qualified trades.

Take dated photos of any damage and evidence of cannabis farming.

Notify your insurer.

Serve a Section 8 Notice (Grounds 12 & 14). You may want to pursue accelerated possession if you want them out quickly.

Often, the police do not keep landlords informed; you must chase for updates.

Some tenants return after arrest (bail, awaiting trial) and continue living there, so do not assume abandonment until clear evidence.

Insurance claims for cannabis grows can be tricky; insurers often require proof that you carried out tenant checks (referencing, inspections, etc.).

Do not just change the locks and remove possessions, or you risk an unlawful eviction claim. Follow the legal possession process unless you get written confirmation from police/council that the tenant will not return.... Read More

Thank you Keith we are working on a fix :)... Read More

A lease won’t qualify for zero ground rent (under the 2022 Act) if:
It’s not a newly granted lease (post-30 June 2022); or

It was a shared ownership lease where the tenant hasn't staircased to 100%; or

The lease was voluntarily extended before the 2022 Act came into force, and ground rent remained.

However, you mention that you fall foul due to the number of properties you owned at the time—this implies your lease extensions triggered the business landlord exemption (Schedule 1, para 2(1)(b)).

So even if you’ve extended the lease, the lease remains non-qualifying, meaning:

The lease can still include a ground rent above peppercorn.

Buyers may be wary, particularly if the ground rent is escalating.

There’s currently no indemnity policy I am aware of to override the business landlord exemption or "convert" a non-qualifying lease.

But you can consider:

Legal Expenses Insurance for the buyer (rare and case-specific) if buyer’s solicitor is concerned about enforcement or future changes in the law.

Ground Rent Indemnity (if there's doubt about enforceability or terms) — this is usually only relevant if there’s ambiguity over increases or doubling clauses.

Concession Letter or Deed of Variation from the freeholder reducing ground rent to a peppercorn—this would create a de facto "qualifying" lease and dramatically help saleability (but you'd need the freeholder’s agreement).... Read More

What happened to the Right to Quiet Enjoyment?... Read More

Hi Desert Rat,
I have nothing in deleted or spam, so my apologies for some reason your comment never made it live.... Read More

Please, I would always recommend using an eviction specialist; they will normally always save you time and money.

The contact form above is for Paul Shamplina's Landlord Action, who are considered one of the industry leaders.

Since you don’t know if they’ve actually moved:

Consider visiting the property (peacefully) to check if it looks occupied — listen for signs of life, look for post stacking up, etc.

If you can’t visit yourself, sometimes a neighbour can advise.

Do not attempt entry without permission — especially as they’ve changed the lock — that can lead to allegations of illegal eviction.

If you truly believe they may have abandoned the property:

Post a clear “Notice to Tenant” on the door giving them a fixed period (e.g. 14 days) to contact you or you’ll assume abandonment. Be very careful — this is a legal grey area. It’s often safer to wait for possession or instruct a solicitor to advise before entering.

You already have a possession claim in progress:

Follow up with the court regularly for the judge’s decision and the bailiff warrant.

Given the delays with bailiffs, once you have a possession order, apply for a warrant as soon as the judge makes the order — this will give you a bailiff date.

If there is significant delay (many courts are backlogged), you could consider transferring the order to the High Court for a High Court Enforcement Officer if your order permits (via a N293A application), which is quicker.

Changing one of the locks without permission is a breach of most tenancy agreements. However:

Do not attempt to change them back until you have a possession order and they’ve surrendered or been evicted — this can be seen as illegal eviction if they’re still in occupation.

Once you have possession or have documented abandonment properly with legal advice, you can change all the locks at that point.... Read More

Yes, it is absolutely legal for a tenancy agreement and guarantor agreement to be signed in advance of the tenancy start date — in fact, this is standard practice in many cases.

Here’s a clear breakdown of the key points to reassure you and ensure it's all above board:

Signing in Advance: Legal Position

A tenancy agreement is a contract. Like any contract, it can be signed at any time before it comes into effect — the important thing is that all parties agree to the terms and sign it voluntarily.

The contract will typically state the start date of the tenancy. So even if it is signed earlier, it only becomes effective on that date.

Signing before the move-in date allows all parties to be clear on their rights and responsibilities in advance.

Using DocuSign / Digital Signature

A guarantor can legally sign using DocuSign (or similar e-signature platforms).

The Law Commission has confirmed that electronic signatures are valid in contracts, including tenancy agreements and guarantees, provided the intent to sign is clear and both parties agree to it.

Mixed Format Signatures (E.g., Guarantor signs digitally, tenant signs on paper)

While ideally, all parties sign the same copy, it's also acceptable in practice for the parties to sign counterparts (separate copies), provided each version contains the full terms of the agreement.

If you want extra clarity, you can include a clause like:
“This agreement may be executed in counterparts and by electronic signature, which together shall constitute one agreement.”

Best Practice Tips

Make sure the guarantor’s agreement is signed before the tenancy starts — ideally before the tenant takes possession.

Ensure all documents are dated appropriately, especially the guarantor deed, as deeds must be properly executed (often with a witness) to be enforceable.

Keep copies of all signed versions, whether electronic or hard copy.

Confirm the tenant and guarantor understand their obligations — a brief summary and clear communication can help avoid later disputes.

Guarantor Deed Specifics

A guarantor agreement is usually a deed, which has stricter signing rules:

If the guarantor is signing remotely and not present with a witness, make sure:

The platform allows for a witness to be present during signing, or

You have a process that complies with deed execution (some landlords use digital witnessing via video call with a wet-ink signature posted afterward).

Summary:

Yes, it's legal for the tenancy agreement and guarantee to be signed in advance. Just make sure:

The tenancy start date is clearly stated.

The guarantor signs before the tenant takes possession.

Signatures (digital or paper) are clearly recorded and stored.... Read More

To effectively cross-check what you're being charged for, the documents the landlord provides need to show three critical pieces of information for each transaction:

Date on the invoice (the service period covered)

Date the invoice was received by the landlord (accounts entry date)

Date the invoice was paid

However, whether a cost can be included in a specific service charge period depends on the accounting basis the landlord uses (usually dictated by the lease or their custom practice):

Three ways service charge costs might be assigned to a period:

Accrual Basis Charge allocated based on when the service was performed or period covered by the invoice. Utilities, ongoing contracts (e.g. cleaning, gardening)

Cash Basis (when paid) Charge allocated in the period payment is made. Simpler schemes or small landlords

Invoice Date Basis (when received) Costs included in the period the invoice is received, not necessarily when paid. Often used if accounts are prepared in line with when bills arrive

Most leases and RICS Service Charge Residential Management Code recommend an accrual basis — charging according to the period the cost relates to

Section 21 & 22 of the Landlord and Tenant Act 1985: Gives leaseholders the right to inspect documents and challenge them.

RICS Code of Practice (3rd edition): Encourages clarity, consistency, and use of accrual basis.... Read More

The Access to Neighbouring Land Act 1992 enables you (as a freeholder or person with interest in the property) to apply to the County Court for access if:

The work is preservation (e.g., roof repairs, brickwork) not improvement.

Access is reasonably necessary.

The work cannot be carried out otherwise without access.

Write a polite formal letter/email to the neighbour summarising the situation and their prior consent.

Include:

What works are being done.

Why access is needed.

Duration and nature of access (e.g., ladder, 2 days, during working hours).

Assurance that the contractor is insured and will make good any damage.

Make a Final Request for Access

Include a copy of the contractor’s insurance.

Propose a written agreement.

Let them know that you will seek a court order under the 1992 Act if they continue to refuse.

Apply to the County Court

If they refuse or threaten legal action:

You (or all freeholders jointly, or one acting with the others’ agreement) can apply to the County Court under the Act.

You will need to show:

The nature of the work.

Why access is necessary.

The prior refusal.

It’s a civil matter, not a police matter, so if they call the police without trespass or damage, police are unlikely to act.

Finding Legal Help

Your usual solicitor might not handle litigation or land law—try a property litigation solicitor or one experienced in land disputes.

You can search on:

The Law Society’s Find a Solicitor

https://www.civilcourtservice.gov.uk/ (for court forms and procedures)

Look for someone who deals with “Access to Neighbouring Land Act 1992” or “property disputes.”

Application fees: £275 (as of current County Court fees).

Legal fees: Can vary, but getting initial advice and a simple application could be a few hundred to a few thousand pounds depending on complexity.

Costs can be awarded by the court, meaning your neighbour could end up paying if they are found to be unreasonably obstructive.

Try to negotiate one last time. Some neighbours respond positively to a written agreement and confirmation of insurance.

If they block access during agreed work, it might be worth installing a CCTV or recording to demonstrate the obstruction if needed in court.

Dear

Thank you for initially giving your verbal consent for access to your garden for essential roof and brickwork repairs to our shared building. Unfortunately, I understand that you are now objecting to access.

These works are necessary to preserve the property and can only be carried out with access to your side for a short time. The contractor is fully insured and will make good any damage.

We’d like to propose a simple written agreement and ensure minimal disruption (only a ladder and access for two days during normal hours).

If we’re unable to reach agreement, we will need to apply for a court order under the Access to Neighbouring Land Act 1992. This would be a last resort, and we hope we can resolve this amicably.

Please let us know if you’d be willing to discuss terms by [date].

Best regards,... Read More

Since the original tenant (the mother) signed the agreement in 1999, and her son has continued to live in the property and pay rent, he is likely now an implied tenant under a new periodic tenancy—by conduct (acceptance of rent by you after the original tenant's death). This gives him many of the same rights as if there were a formal tenancy.

He is not automatically a legal successor unless the tenancy was a secure or protected tenancy (e.g., council housing). For an AST (Assured Shorthold Tenancy), if the tenant dies, the tenancy usually ends unless someone is granted a new tenancy.

Do You Need a New Contract?

Yes, ideally. For clarity and compliance, you should now issue a new AST in the son's name.

It formalises the relationship and aligns the agreement with current laws.

It ensures all required terms (e.g. deposit protection, gas safety, EPC, prescribed information) are served correctly.

Suggested template sources:

Gov.uk AST model: Official Government AST Template

NRLA (National Residential Landlords Association) – if you are a member, they offer comprehensive, legally updated ASTs.

Landlord Law

Deposit Requirements

If you have taken a deposit before April 2007 and have not taken or renewed the tenancy since then, technically, you were not required to protect it at the time.

However:

If you now issue a new AST, you must protect the deposit in a government-approved scheme (TDP) within 30 days and serve the prescribed information.

This also gives you the right to serve a valid Section 21 notice in the future, if needed.

Recommended Schemes:

Deposit Protection Service (DPS)

MyDeposits

Tenancy Deposit Scheme (TDS)

Other Compliance Essentials

You're mostly up to date, but ensure the following are in place:
Legal Documents/Certificates to Provide:

EPC (minimum E rating – you have C)

Gas Safety Certificate

EICR (Electrical Installation Condition Report) – required every 5 years

Smoke Alarms (on each floor) and CO Alarm (if solid fuel or gas appliance in bedroom/living room)

How to Rent Guide – latest version at start of tenancy

Deposit Prescribed Information (if taking a deposit)

Legionella Risk Assessment (simple checklist is usually enough for single lets)

Upcoming Legislation – What to Expect

The Renters (Reform) Bill was expected but may now be delayed or watered down, depending on the political timeline. Still, here's what may be coming:
Possible Changes:

End of Section 21 “no-fault” evictions

Rolling periodic tenancies only – fixed terms may be abolished

Right to Request Pets

Mandatory Ombudsman Scheme for Landlords

Property Portal – registration of all landlords

What you can do now:

Formalise the tenancy under an AST to retain current rights.

Ensure full compliance with safety and documentation.... Read More

Hi Tom,

As all the disclaimers say: "Past performance is not an indication of future performance."

I don't think any regulated advisor would suggest you borrow money to invest.

It would take a very small shift in any economic direction in the current climate to derail your plans. A bit like betting on Black!... Read More

A Small Sites Metric (SSM) assessment for a single parking bay on an already partly paved area is a perfect example of bureaucracy at its worst!

Since it’s a biodiversity metric, what they want is an assessment under Defra’s Biodiversity Net Gain (BNG) policy—even if the actual ecological impact is negligible. The Small Sites Metric is specifically designed for developments like yours, but annoyingly, it still requires a qualified ecologist or assessor to complete it:

A consultant familiar with the Small Sites Metric (SSM) — ideally someone with experience in small-scale urban developments.

Basic site information — photos, address, a description of the site and the proposed works.

No site visit needed as you said, many assessors are happy to work remotely for minor jobs like this, especially if it's just converting a dead lawn into paving.

Look for independent ecological consultants who specialise in small or domestic projects. Larger consultancies may charge more and insist on unnecessary extras.

Try contacting:

Local planning consultants or architects—they often work with ecologists.

Your county ecological records centre (LERC)—they may have a list of local qualified assessors.

Check CIEEM’s professional directory: https://cieem.net/ — search for ecologists with “Biodiversity Net Gain” experience.

What to ask:

Are you familiar with the Small Sites Metric (v2)?

Can you complete a remote desktop assessment based on photos and site info?

What’s the cost and turnaround?... Read More