Sponsorship License Compliance visit – top tips
According to the UK Visa & Immigration Transparency Data, by Q3 of 2025, there were 127,859 licensed sponsors under the Skilled Worker, Student and Temporary Worker routes, which is 3.8 times more organisations that can sponsor migrant workers than in Q4 of 2019 (pre-Brexit).
The Transparency Data provides insight into the number of new sponsor applications submitted each quarter, but is unhelpfully silent on the refusal percentage of the submitted applications.
What is revealed is the number of suspended and revoked Sponsorship Licenses. For example, in Q3 of 2025, there were 608 Licenses suspended and 541 revoked, which is a staggering increase from 2 suspended and 2 revoked Licenses in Q3 of 2021.
Our Experience with Sponsor Licence Compliance Visits
At Chan Neill Solicitors, we have been assisting Licensed Sponsors for many years. We cannot help but notice an increase in the Home Office Compliance visits and Skilled Worker Interviews in recent months. Given the number of revocations and suspensions, as well as the measures that have been and yet to be implemented by the UK Government aimed at the reduction of net migration, the Home Office’s tougher approach is apparent, and the Sponsoring organisations should take their duties and obligations as ever seriously.
This article is primarily aimed at assisting existing License holders with the preparation for the Home Office Compliance visit, but can also serve as a reference point to the prospective sponsors in the preparation for their Pre-License Compliance visits.
There have been reports that the Home Office is moving towards Digital Compliance visits, which are conducted remotely via digital platforms such as MS Teams. While Digital inspections are currently more common in Skilled Worker visa application interviews, in our experience, for Sponsorship License Compliance visits, in-person checks remain the standard practice.
The visit usually lasts 2-3 hours, during which time a series of questions are asked about the company’s nature of business, operations and current CoS allocation, practices used to monitor immigration status and preventing illegal working, maintaining worker contact details, record keeping and recruitment practices, migrant tracking and monitoring, as well as about general sponsor duties.
In particular, the Licensed sponsor must be ready for the following line of questioning and have all the necessary documents prepared for the visit. Note: the interviewee is the company’s Authorising Officer as mentioned on the License.
General Information:
- Full name, date of birth and nationality of the interviewee.
- Interviewee’s position within the organisation.
- Company’s incorporation date.
- Information about current Directors and Shareholders.
- Company’s name and the nature of the business.
- Business address.
- Company’s operational hours.
- Company’s official website.
- Current CoS allocation limit and justification for the current undefined CoS allocation.
- Email address that is accessible by the Authorising Officer.
- Who submitted the Sponsorship License application?
- How members of staff are being paid.
- Tip: Prepare to provide the company’s business bank statements and employees’ payslips.
- What is the company’s pension scheme?
- Has the company requested a refund of a CoS and Immigration Skills Charge from a sponsored worker?
- What funds does the company have available to fund employees’ salaries?
- Tip: Prepare to provide the current contract for services, invoices and other relevant documents.
Monitoring immigration status and preventing illegal working:
- How many members of staff are currently employed, and an explanation of their roles.
- Number of migrant workers employed.
- Procedure used to conduct a right-to-work check.
- Tip: Prepare to present each worker’s valid passport and eVisa (or other form of permission).
- How expiry dates of passports/visas are monitored.
- Tip: Prepare to demonstrate the system currently in place.
Maintaining Worker Contact Details:
- What HR system is currently in place?
- System used to monitor contact details (historical data).
- Tip: Prepare to demonstrate the system currently in place.
- How the changes are recorded.
Record Keeping & Recruitment Practices:
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- Tip: Prepare to provide the company’s up-to-date hierarchy chart.
- What vacancies are available?
- Tip: For employees that require sponsorship, prepare to provide information about job title, SOS Code, salary and weekly working hours.
- What are the company’s recruitment practices?
- Tip: Prepare to demonstrate past and present job advertisements.
- Tip: Prepare to demonstrate CVs and Interview Notes for all candidates who have applied for a job for which a migrant worker was identified.
- Tip: Be prepared to provide an explanation why each candidate was suitable/not suitable for the role on offer.
- Tip: Prepare to provide employment contracts for current employees and a job description for prospective employees.
Migrant Tracking & Monitoring:
- The company’s policies regarding annual leave and how annual leave is requested.
- How the employees’ attendance is monitored.
The questions may have different phrasing, but maintain the underlying purpose of inspecting the compliance with duties and obligations as a Licensed sponsor.
Upon the conclusion of the interview, the interviewee has an opportunity to review the Compliance Officer’s written notes and request corrections if necessary. The interview notes are then passed onto the case working team who makes the final decision.
- Final tip: The interview notes must be read thoroughly before signing to check for any incorrectly recorded information.
To stand the best chance at a successful interview, at Chan Neill Solicitors LLP, we offer Licensed Sponsors service to prepare them for the Compliance Visit, including a mock interview and review of the company’s practices and documents. Do not hesitate to contact our Immigration Team for more information.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Mansion Tax: Assessing the Impact on Homeowners and Rural Businesses
Mansion Tax: Assessing the Impact on Homeowners and Rural Businesses
What Is the “Mansion Tax”?
Announced in the 2025 UK Budget, the new High Value Council Tax Surcharge (HVCTS), more commonly known as the "mansion tax," is a proposed levy on residential properties valued at £2 million or more. Introduced by Chancellor Rachel Reeves, the surcharge is designed to increase the contribution from owners of high-value homes and is expected to come into effect in April 2028.
Homeowners affected by this policy will face a new annual charge on top of their regular council tax, with rates tiered according to the property’s market value, assessed in 2026. The proposed rates are:
- £2.0–2.5 million: £2,500 per year
- £2.5–3.5 million: £3,500
- £3.5–5.0 million: £5,000
- Over £5 million: £7,500
How the £2 Million Threshold Affects London Homeowners
The government estimates that the tax will affect around 145,000 - 165,000 (around 0.4%–0.5% of properties) homeowners across England only. The term mansion implies that these are lavish properties owned by the ultra wealthy. However, in reality, many homes caught by the £2 million threshold are far from grand estates, especially in some part of London, such as Richmond, Pimlico, or Esher. In these neighborhoods, £2 million might buy a three bedroom terrace or a modest semi detached family home, not a mansion by any traditional standard.
Many homeowners who bought decades ago, before London’s property boom, now face unexpected tax bills due to rising valuations. In areas like Richmond or Pimlico, an average sized home may be taxed the same as a luxury estate elsewhere.
Assessing the Mansion Tax’s Impact on Agricultural and Business Properties
Another significant concern relates to the impact on rural landowners and farmers. Many farms include large residential properties, but these are often tied directly to the functioning of the business, not used as luxury dwellings. Farmers argue that taxing these homes as if they were mansions ignores the economic realities of running a working agricultural operation.
Recent changes to inheritance tax rules have capped full agricultural and business property relief at £1 million per person, with only partial relief above that, which could still increase the exposure of larger farms to inheritance tax.
Legal and Practical Uncertainty
The mansion tax raises significant legal and practical concerns, particularly for properties used in business, such as farms, where exemptions remain unclear. With valuations overseen by the Valuation Office Agency, questions around fairness and consistency persist, and no detailed guidance has been issued. A transparent valuation framework and accessible appeals process are essential. Most importantly, the policy’s aim should be clarified, whether it is to tax wealth or to generate revenue, so it does not unfairly burden families or businesses simply due to rising property values.
Supporters of the surcharge argue that it corrects longstanding unfairness in the council tax system, where some multi‑million‑pound homes contribute less each year than far more modest properties in other parts of the country. At a headline level, this appears to make the system fairer and ensures that owners of the most expensive homes contribute more to local services. However, this broad‑brush approach risks penalising ordinary households and working farms that happen to sit on highly valued land, rather than targeting genuinely discretionary wealth or speculative property holdings.
The mansion tax risks capturing ordinary homeowners and working farms, rather than targeting genuine luxury properties. To avoid placing unintended financial pressure on those simply living or operating in high-value areas, the government should revise the policy to reflect real-world property use and values, striking a balance between fairness, clarity, and effectiveness
Earned settlement – what we know so far?
The UK Government’s intention to introduce changes to the standard qualifying period for permanent residence (also known as indefinite leave to remain or settlement) was first heard of in the 12th of May 2025’s White Paper.
On the 20th November 2025, the Home Office published a statement and accompanying consultation on earned settlement, which shed light on what the new earned settlement rules may look like. The consultation is now open until 11.59 pm on the 12th of February 2026, and the changes are expected to start being implemented in the April 2026 Statement of Changes.
Most welcome news is that the spouses and dependents of British Citizens and British Nationals (Overseas) Citizens on Hong Kong route will be unaffected by the proposed changes. Note that parents in the ten-year route may still be caught by the reform. The other unaffected groups are those under the EU Settlement Scheme, Windrush Scheme and HM Armed Forces.
The most distressing news is that there may be no transitional arrangements for those currently in the UK on a route to settlement. Those who may be affected by the reform should participate in the consultation (link is below) and “strongly disagree” with the question To what extent do you agree or disagree that there should not be transitional arrangements for those already on a pathway to settlement?
The gist of the change is to grant settlement on the basis of contribution to the UK rather than after a fixed period. Earned settlement is to be based on a “time adjustment” model built on four core pillars: character, integration, contribution and residence.
The default qualifying period (also called the baseline) will be 10 years, with the exception of certain groups or individuals and 20 years for those recognised as refugees. There will be three mandatory requirements when applying for settlement, namely:
Suitability:
- Requirements in Part Suitability must be met
- No current litigation, NHS, tax or other government debt
Integration:
- English Language Requirement – level B2
- Life in the UK test
Contribution:
Annual earnings above £12,570 for a minimum of 3 to 5 years, in line with the current thresholds for paying income tax and National Insurance Contributions (NICs), or an alternative amount of income
If the mandatory requirements are met, considerations will be given to the baseline period, which can be adjusted upwards or downwards.
The table below sets out the proposed considerations that will reduce the baseline period:
The following considerations will increase the baseline period:
The other proposed changes are:
- The qualifying period for settlement of adult dependents of economic migrants will be separately determined based on their own attributes and circumstances.
- Minor children of economic migrants will be eligible to be granted settlement in line with their parents.
- A cut-off point linked to the age of dependent children may be introduced to transition to an immigration pathway and progress to settlement in their own rights.
- The Long Residence route will be scrapped.
- An increase in the baseline qualifying period to 15 years for those in the Skilled Worker route in a role below RQF level 6 (equivalent to a bachelor’s degree).
To reiterate, the above is subject to a consultation, and anyone who is interested should take part: https://ukhomeoffice.qualtrics.com/jfe/form/SV_1yMmiaG7zqwPuM6
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Responding to Court Proceedings
Before You Respond
Before responding to the claim, the defendant should check whether the claimant sent a Letter Before Action or complied with any applicable Pre-Action Protocol. Under the Civil Procedure Rules, claimants are expected to give advance notice of a claim and attempt to resolve matters before issuing proceedings. If no such letter was sent, or if the claimant failed to comply with the relevant pre-action requirements, the defendant may raise this non-compliance with the court. This could affect case management decisions or result in cost penalties being imposed on the claimant later in the proceedings.
What Does Being “Served” Mean?
Getting served with court proceedings can be confusing and stressful, but how you respond is critical. If you have been served with English Court proceedings, this means that someone has filed a legal case against you in the courts of England and Wales.
The English courts have strict procedural rules that defendants must follow. Failing to comply with these rules can seriously damage your position, and may even lead to a judgment being entered against you before you have a chance to present your defence.
The documents served on you will typically include:
- The Claim Form: which sets out key information about the claim, including the names of the parties and the remedy sought from the court.
- The Particulars of Claim (PoC): which provides a detailed account of the legal and factual basis of the claim, including background, allegations, and legal arguments.
What Should I Do?
The deadline for responding to an English claim is calculated from the deemed date of service of the Particulars of Claim. Under the Civil Procedure Rules, the deemed date depends on the method of service. For example:
- Service by first class post is deemed to occur two business days after posting;
- Service by email is deemed on the next business day, if sent before 4:30 p.m.;
- Personal delivery is deemed on the same day, if completed before 4:30 p.m.
Although the Particulars of Claim are often served together with the claim form, this is not a requirement. The claimant may serve them separately, up to 14 days after the claim form has been served.
Acknowledgment of Service and Defence
Once the Particulars of Claim have been served, the defendant has 14 days (from the deemed date of service) to respond by filing an Acknowledgment of Service. This is a formal notice to the court and the claimant confirming that the defendant has received the claim and setting out how they intend to proceed. Specifically, the defendant must indicate whether they:
- Intend to defend the claim;
- Admit the claim in whole or in part; or
- Challenge the jurisdiction of the court.
Filing the Acknowledgment of Service extends the deadline to submit a Defence by an additional 14 days, providing a total of 28 days from the deemed date of service of the Particulars of Claim.
The Defence is a separate and more detailed court document. In it, the defendant must respond directly to the allegations made in the Particulars of Claim. This involves replying to each numbered paragraph, stating whether the allegation is:
- Admitted;
- Denied, with reasons provided; or
- Not admitted, with an explanation (such as a lack of knowledge or information).
The Defence should also include any relevant factual background, legal arguments, and, if appropriate, a Counterclaim.
Why You Must Not Ignore the Claim
Even if you believe the claim is unfounded, you must not ignore it. Doing nothing may result in the claimant applying for a default judgment, where the court finds against you simply because you failed to respond within the required timeframe.
Do I Need a Solicitor?
While it is possible for a defendant to respond to the court directly, it is strongly recommended that you seek advice from an experienced litigation solicitor. Civil litigation can be legally and procedurally complex. Mistakes made early in the process, such as missing a deadline or failing to plead your case properly can be difficult or impossible to correct later.
How We Can Help
At Chan Neill Solicitors LLP, we have deep experience handling all stages of litigation. Our team is highly familiar with court procedure and can support you from the initial claim through to response, preparation, negotiation, and final resolution. We provide clear, strategic advice tailored to your circumstances and work to protect your position at every stage of the process.
What to expect from the Home Office during the Skilled Worker interview
With the increase in the number of Licensed sponsors and subsequently in the number of work visa applications, the Home Office interviews became more common.
The purpose of the interview is to assess the applicant’s eligibility for the role on offer, including their education, relevant qualifications and work experience and that the role that the applicant is being sponsored to do genuinely exists, not s sham and has not been created mainly to gain entry to the United Kingdom.
For the entry clearance application, the Home Office interview is conducted virtually, with the applicant being seated in front of a computer at the VAC in the country of nationality. The legal representative can be present and provided with a link to the conference call upon request. The interpreter can be requested if the applicant prefers to be interviewed in their native language.
In this article, we would like to list the questions for a Full Stack Software Developer role:
- Q1: The applicant is asked to confirm their full name, date of birth and nationality;
- Q2: The applicant is asked whether they hear the interviewer clearly and can understand what is being said;
- Q3: The applicant is asked whether they are happy with the interview being recorded;
- Q4: The applicant is asked whether they are fit and well enough to be interviewed;
- Q5: The applicant is asked to answer questions slowly and clearly because the questions and answers are being typed;
- Q6: The applicant is informed that they can ask for the questions to be repeated or rephrased;
- Q7: The applicant is asked not to take pictures, and whether anyone was with them in the interview room;
- Q8: The applicant is asked not to speak to anyone during the interview, including their legal representative. The legal representative can comment at the end of the interview;
- Q9: The applicant is asked whether anyone assisted them with the documents for the visa application;
- Q10: The applicant is asked whether they want to provide any information they forgot to include in their application;
- Q11: The applicant is asked whether their Sponsor asked them to pay any fees;
- Q12: The applicant is asked what relevant training or education they have to take on the sponsored role;
- Q13: The applicant is asked to provide details of the sponsor in the UK, including their name, office address and the nature of business;
- Q14: The applicant is asked to name a line manager for the sponsored role;
- Q15: The applicant is asked to provide job duties on a day-to-day basis;
- Q16: The applicant is asked to clarify why they were chosen for the role;
- Q17: The applicant is asked what are key considerations are when designing a scalable system;
- Q18: The applicant is asked to define “arise”;
- Q19: The applicant is asked how they approach debugging;
- Q20: The applicant is asked how they write code that is sustainable and reusable;
- Q21: The applicant is asked to define “Test-driven development”;
- Q22: The applicant is asked to define “Integrated development environment”;
- Q23: The applicant is asked what a computer programmer does;
- Q24: The applicant is asked what programming language they use in their work;
- Q25: The applicant is asked to define “Agile methodology”;
- Q26: The applicant is asked what Front End and Back End mean in relation to programming;
- Q27: The applicant is asked what considerations should be made to ensure a functional and responsible interface;
- Q28: The applicant is asked when the code is clear and testable, and when it is badly written;
- Q29: The applicant is asked to describe what happens in a code review;
- Q30: The applicant is asked what steps they take to ensure the data they work on can be relied upon;
- Q31: The applicant is asked how they collaborate with other developers to deliver features;
- Q32: The applicant is asked how they found out about the job in the UK and whether they were interviewed for the job;
- Q33: The applicant is asked about their prospective weekly working hours and salary;
- Q34: The applicant is asked whether they have applied for any other jobs in the UK;
- Q35: The applicant is asked to confirm their work address in the UK, including post code;
- Q36: The applicant is asked where they will reside in the UK and how they will get to work from their residential address;
- Q37: The applicant is asked about their current job, namely the name of the company they work for, their duties and salary, the company’s size and the names of their line managers, the company’s address;
- Q38: The applicant is asked whether they have any relatives in the sponsoring company;
- Q39: The applicant is asked about any relatives living in the UK, including their full names and residential addresses;
- Q40: The applicant is asked about the highest level of education, where they studies and what grade they achieved.
It is evident that the Home Office goes into great detail to ask the applicant very specific questions about the sector knowledge, and the applicant should look out for tricky questions. If the question is too generic, the applicant should ask the interviewer to narrow it to ensure an accurate answer. If the question does not directly relate to the applicant’s experience, this should be explained to the interviewer rather than trying to come up with an answer which may not be accurate.
We hope that this article will assist prospective applicants and their legal representatives in their preparation for the Home Office interview.
At Chan Neill Solicitors, we provide a wide range of corporate services to prospective sponsors, Licensed sponsors, as well as assistance with visa applications under the work routes, including the preparation for the Home Office interview. Our immigration team has over a decade of practical experience in Immigration Law, and we take on cases with a high degree of complexity. Do not hesitate to reach out for advice or assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Co-Ownership in Property: Key Differences and Legal Considerations
When purchasing a property with two or more individuals, ownership is held under a trust of land, which separates the legal and beneficial ownership of a property. The legal title must always be held by the co-owners as joint tenants, while the beneficial interest can be held in two forms: joint tenancy or tenancy in common.
Each form carries different implications for ownership on death, divorce, or relationship breakdown. It is, therefore, essential to understand these two forms of co-ownership, the rights they confer, and the impact on Stamp Duty Land Tax (SDLT) when buying jointly.
To ensure clarity and avoid disputes, co-owners should also consider a Declaration of Trust, which formally records each party’s beneficial interest and protects their share if the property is sold or circumstances change.
Joint tenancy
Joint tenancy is where the co-owners of the property are all jointly entitled to the property as a whole. Where a property is held under a joint tenancy, the legal title will be held as joint tenants and all owners would be entitled to the beneficial interest of the property as a whole. There are no ‘shares’ in the property. This means that no joint owner would own the property individually. The most significant right to joint tenancy is the right of survivorship. With the right of survivorship, when one of the owners passes away, the ownership of the property would automatically be transferred to the other owner(s) of the property. However, this does mean that joint owners are unable to pass their ownership under a joint tenancy to someone else by their will.
Tenancy in common
Tenancy in common is where the co-owners can own different shares in the property, creating unequal interests to the property. Where is a property is held under a tenancy in common, whilst the legal title will still be held and registered as joint tenants, the beneficial interest in the property may differ depending on how many shares each owner has in the property. This means that each co-owner in a tenancy in common can own different shares in the property. This does not mean the co-owner’s rights to use the property will be limited to their share, they may still share the same interests and rights to the property. This forms a significant difference to joint tenancy. As each co-owner independently owns their share to the property, tenants in common could pass on their beneficial interest in the property to anyone they would like in a will. The right of survivorship does not apply in tenancy in common so the ownership of the property will not go to the other co-owner(s).
Declaration of trust
As a result, having a declaration of trust may be essential for co-owners before purchasing jointly. The declaration of trust will be conclusive as to the beneficial interests of the co-owners in the property. It would explicitly declare the shares of each co-owner. In the event of a sale of a co-owned property, where the owners have declared to be joint tenants, the property will be divided equally between the joint tenants. However, where the owners have declared themselves to be tenants in common, the declaration of trust would explicitly outline the shares each owner has. As a result, the sale proceeds would be divided by the proportion of their share.
Without a declaration of trust, the law would presume co-owners as joint tenants. The court may only be persuaded that co-ownership without a declaration of trust is tenancy in common in exceptional cases.
Changes in co-ownership
It is possible to change from a joint tenancy to a tenancy in common - this is known as severance of joint tenancy. Similarly, it is possible to change from a tenancy in common to joint tenancy.
Stamp Duty Land Tax
There may be different implications with Stamp Duty Land Tax (SDLT) for co-ownership, particularly in relation to the first-time buyer relief. Depending on each of the individual’s SDLT position, the SDLT payable may differ. The factors to which it is determined includes:
- Whether the individuals purchasing are UK residents;
- Whether they are first-time buyers;
- Whether they are replacing main residence;
- Whether they are owning an additional property.
Where all the purchasers in a co-ownership are first-time buyers, the purchasers may claim first time buyer relief if they intend to occupy the property as their main residence and if the purchase price is no more than £500,000.
However, if there are only one purchaser is a first-time buyer and the other purchaser(s) have owned/are owning other property, the first-time buyer relief does not apply. All individuals must be eligible for first-time buyer relief in order for it to apply.
To illustrate where the purchase may attract higher rates of SDLT, if you are married and your partner currently owns another property anywhere in the world, the property you are currently purchasing will be subject to higher rates of SDLT. This is because in the UK, married couples are considered as one entity for the purposes of SDLT. As a result, you would be considered to be buying an additional property and attract higher rates of SDLT.
Conclusion
Consequently, co-ownership may play a role in impacting future estate planning. It is, thus, essential to approach joint ownership with careful consideration and planning to see which form suits you and other co-owners best.
Contact Chan Neill Solicitors for expert guidance on co-ownership, conveyancing issues, and more. Our experienced, multilingual team ensures smooth communication and a stress-free property transaction from start to finish.
Whether you're navigating shared ownership, joint tenancy vs. tenancy in common, or complex stamp duty implications, we’re here to help.
Acquisition of British Citizenship for Irish
On the 22nd of July 2025, the British Nationality (Irish Citizens) Act 2024, which introduces section 4AA of the British Nationality Act 1981, will come into effect, implementing a simpler and cheaper process for Irish citizens of any age to apply for British citizenship. This act introduces a swifter application process for Irish citizens residing in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man, avoiding obstacles that any other national would face.
One of the many simplified requirements in registration for the Irish includes a fee reduction to £723 for adults and £607 for children. As well as this, it is no longer necessary for the Irish to sit the Life in the UK test or display proof of knowledge of the English language, but they must still meet expectations such as:
- Providing evidence of living in the UK for 5 years prior application.
- Spending no more than 450 days outside the UK in the 5-year period before making the application.
- Spending no more than 90 days outside the UK in the 12-month period before making the application.
- Being of good character.
- Avoiding breaching immigration laws during the 5-year qualifying period.
In special circumstances where a person does not meet one or more of the above requirements, discretion can be exercised by the Secretary of State.
A further benefit allows for the Irish citizenship to be maintained when applying for a British one. Therefore, being recognised as a national of both countries simultaneously.
The British National (Irish Citizens) Act 2024 has a direct link to the Good Friday/Belfast Agreement of 1998, which outlined relations between the UK and Ireland, as well as underpinning the birthright of the people of Northern Ireland to identify and be accepted as British, as well as Irish, and are entitled to be granted British citizenship. These rights are evidently now being expanded to citizens of the Republic of Ireland.
DUP Leader Gavin Robinson expresses his warm welcome of the act, explaining the impact and issues the absence of it had: “The Belfast Agreement sought to address issues of identity and whilst people living in Northern Ireland could avail of an Irish passport, there was no reciprocal arrangement in the other direction. Those born in the Republic of Ireland after 1948 needed to undertake a lengthy and costly process of applying to the Home Office for British citizenship”.
Do not hesitate to reach out for assistance with the acquisition of British Citizenship under the new British Nationality (Irish Citizens) Act 2024.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
The Renters Rights Bill- Key Changes
The Renters Rights Bill is designed to give tenants more protection and rights as well as stability to reside in their homes longer. Some of the changes will take effect on the commencement date of the Bill and others may take effect at a later date.
At present most tenancies are assured shorthold tenancies (AST) which are fixed for a period of time such as for 6, 12, or 24 months. After the fixed term, the AST becomes a periodic tenancy rolling on a month by month basis until a new AST is entered into for a fixed term or either the tenant or the landlord serves notice to terminate.
Under AST, tenants can be evicted from the property either by:
- Section 8 route
Section 8 route is whether the tenants have breached the terms of the tenancy and the landlord is requesting for that breach to be rectified otherwise they will claim possession of the property.
- Section 21 route
Section 21 route is regarded as the ‘no fault route’. This means that even if a tenant is paying all the rent on time and comply with all the terms of the tenancy agreement however, after the fixed term of their tenancy agreement, they can be evicted from the property.
Changes that the Renters Rights Bill will create
The new bill will create a new tenancy system whereby all tenancies will be an Assured Tenancy. This applies to all tenancies where:
- The rent is under £100,000 per annum
- The tenant is not a lodger
- The property that the tenant is renting is their sole or main home
As soon as the new Renters Rights Bill comes into effect, it will automatically turn all ASTs in to Assured Tenancies. There will not be any fixed term tenancies so all tenancies will be a rolling month by month (periodic tenancy) and will continue to be in force indefinitely until a tenant serves a Notice of Quit or the Landlord has grounds to evicts the tenant under the Section 8 route. This means that the Assured Tenancies does not need to keep being renewed and therefore, creates security for the tenants.
If a tenant decides to terminate the Assured Tenancy, they must give at least 2 months written notice being a Notice to Quit which must expire at the end of the rent period.
Rent Period
The Renters Rights Bill will enforce all tenancies to have a maximum of one month rent period – for when the rent is paid. This means that where rent is paid quarterly, termly or yearly, it will automatically be changed to monthly after the rent period.
The Proposed Rent
The landlord will be required to state the proposed rent on all new adverts and listings for new tenants. This is called the Proposed Rent.
Rental Bidding
The Bill prevents landlord’s from accepting more rent from a tenant who offers to pay more even if the landlord did not ask the tenant to pay more. This means that rental biding will be banned.
Applicants for new listings are allowed to offer under the proposed rent but the applicants cannot offer more than the proposed rent.
Terms of the Tenancy
The Bill prevents the term of the tenancy to be amended for landlords to request more than one month’s rent in advance. This therefore means that the landlord cannot make it a condition of the contract for the tenant to pay 3 or 6 months in advance.
However, a tenant may choose to pay rent in advance voluntarily once an agreement has been entered into.
Landlord will need to allow tenants to have pets and cannot unreasonably refuse – except if the lease says no pets.
Increase Rent
A landlord is able to increase the rent by serving a Section 13 Notice (using Form 4) however, this can only be done once per calendar year and the increase must be inline with market rent.
A tenant can challenge a Section 13 Notice for rental increase at the First Tier Tribunal. The new rent will not come into force until after the judge has made a decision. The judge has the power to reduce the rent if they believe the rental increase is above market rate and not in line with other similar properties in that area.
The landlord cannot include any rent review clauses and any pre-existing rent review clauses will be null and void.
Other Key Changes to come into effect at a later stage
- Landlord must keep a separate entries for each of their properties
- Landlord will need to register with the Landlord Ombudsman – landlord will have to pay a yearly fee towards this.
- Landlord’s must comply with the Decent Homes Standard – Government needs to set guidelines on this – such as state of repair
- Government to set out guidance on the time lines in which the landlord will have to make homes safe / fix any disrepair etc
Things that the Landlord must be aware
- Civil penalties from the local council have increased. Penalties can be up to £7k for the first offence and can increase to £40k for continued and repeated offences.
- Tenants can claim for Rent Repayment Order for up to 2 years
- Local authorities have the right to ask landlords for information and enter business premises
Landlords must be careful when evicting tenants and ensure that they are complying with the correct ground otherwise the landlord can face civil penalties. For example, if a landlord uses grounds 8 to evict a tenant claiming the reason for evicting the tenant is because the landlord is planning to move into the property then landlord cannot relet the property for 12 months. This is designed to prevent the landlord from abusing the grounds under section 8 to evict their tenants. If the landlord relets the property to another tenant within that 12 month period then the landlord can be fined up to £7k and the tenant can make a claim for rent repayment order.
In summary, some of the key points that the Renters’ Rights Bill intends to do is:
- Abolish section 21 evictions
- The grounds for possession to be fair for both the tenant and landlord
- Stronger protections for tenants and prevents unlawful eviction
- Creates a new Private Rented Sector Landlord Ombudsman
- Stricter rules on landlord to ensure that the property is up to a decent standard
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contactus using the contact form or email us on reception@cnsolicitors.com
Ending a Fixed Term Assured Shorthold Tenancy Agreement Without a Break Clause
How Can a Tenant End a Fixed Term Assured Shorthold Tenancy Agreement Without a Break Clause?
Ending a tenancy early is not always straightforward, especially when you’re tied into a fixed term with no break clause. If you’re a tenant wondering about your options, this article explains the key considerations and the possible routes you can take.
What is an Assured Shorthold Tenancy Agreement?
An Assured Shorthold Tenancy (AST) is the most common type of tenancy in England. It typically applies to private residential tenants who rent a property as their main home, and where the landlord doesn’t live on the premises.
ASTs usually run for a fixed term, often six or twelve months, during which both the landlord and the tenant are bound by the terms of the agreement. At the end of the fixed period, the tenancy may roll into a periodic tenancy (month-to-month) unless a new agreement is signed.
When Can You End a Fixed Term Tenancy Early?
Leaving a property before the end of your fixed term can be tricky. If your tenancy agreement includes a break clause, you may be able to end the agreement early, as long as you follow the proper notice procedures. However, not all agreements include a break clause — and if yours doesn’t, you’ll need to explore other options.
Bear in mind that you can’t simply give notice and leave during a fixed term without a break clause unless your landlord agrees. Doing so may result in financial consequences, including being liable for rent until the end of the term.
How to End a Tenancy Early
There are three potential routes to ending a fixed term AST early:
- Using a Break Clause
- If your tenancy agreement contains a break clause, it will set out the conditions under which you can end the tenancy early — for example, after a certain number of months or with a specific notice period (usually one or two months).
- Check your tenancy agreement carefully to see whether a break clause exists and what terms apply. You must follow the break clause wording precisely to bring the tenancy to an end lawfully.
- In the Absence of a Break Clause – A Deed of Surrender / Mutual Surrender
- If there’s no break clause, the most straightforward way to end the tenancy early is by mutual agreement with your landlord. This is usually done through a deed of surrender, which is a formal document where both parties agree to end the tenancy on a specified date.
- This agreement should ideally be put in writing to avoid any misunderstandings later. The landlord is not obliged to agree, but some may be open to ending the tenancy early, especially if they have another tenant lined up.
- Finding a Replacement Tenant or Subletting (With Consent)
- Another possible option is to find someone to take over your tenancy — either by transferring the tenancy (with the landlord’s permission) or by subletting. However, most ASTs prohibit subletting or assigning the tenancy without the landlord’s prior written consent.
- If you’re considering this route, you’ll need to discuss it with your landlord first. They may be willing to allow a replacement tenant, particularly if it avoids a vacant property. But again, the original tenancy agreement will guide what’s possible and what’s not.
What About the Renters (Reform) Bill?
The Renters (Reform) Bill, likely to come into effect in late 2025, proposes some significant changes to the private rental sector in England. One of the most notable reforms would be the abolition of fixed term (AST) altogether. Instead, all tenancies would become periodic, meaning they would continue on a rolling basis with no fixed end date. The AST would automatically become an Assured Tenancy.
For tenants, this could mean greater flexibility, allowing them to give two months’ notice to end a tenancy at any time — without needing a break clause or negotiating a surrender.
However, until the bill becomes law and is implemented, existing fixed term ASTs remain legally binding, and tenants are still subject to the current rules.
It’s important to stay up to date with developments around the bill, as it may affect your rights and options in the near future.
Final Thoughts
Ending a fixed term tenancy without a break clause is not always easy, but it is possible — provided you approach it in the right way. Whether by negotiating a surrender, checking for a break clause, or seeking permission to sublet, communication with your landlord is key.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
Primary activity and source of revenue approach under Sole Representative visa route
Commonly known as a Sole Representative visa and formally called Representative of an Overseas Business visa, it was designed for employees of overseas companies to be recruited to set up and supervise a United Kingdom branch or a wholly-owned subsidiary. Being closed on 11 April 2022 for new applicants and replaced by a UK Expansion Worker route, this visa route continues to be employed by existing Sole Representative visa holders and their family members to extend their stay or settle in the United Kingdom.
The Sole Representative visa route, introduced on 1 October 2009, slowly gained popularity. As a number of applicants eventually grew, the Home Office started implementing tougher requirements and a more thorough approach to decision-making.
This post intends to bring attention to the existing Sole Representative visa holders the “primary activity and source of revenue” approach in the Home Office decision-making in a case of business diversification.
The purpose under the Sole Representative visa route is for the UK establishment to operate in the same business as its overseas parent company. This requirement must be met throughout the period the applicant requires to qualify for settlement in the United Kingdom, which in most cases is 5 years.
If the overseas company diversifies its business offerings, for example bringing new product lines or services that become the primary activity and the primary source of revenue, so must the UK entity. In our most recent settlement application under the Representative of an Overseas Business visa route, we had to dive deep into the “primary activity” and “primary source of revenue” approach to satisfy the Home Office requirements.
Essentially, “primary activity” is a core function of a business to generate revenue, whereas “primary source of revenue” is income generated from primary business activity. If the business has several activities, it is the activity that generates the most revenue is regarded as the business’s primary activity.
When the business starts diversifying its offerings, under the provisions of the Sole Representative rules, it is imperative that whatever activity becomes the primary activity of the overseas business, it also becomes the primary activity of the UK establishment. This is exactly what happened in our case, where the overseas business, due to the COVID-19 pandemic and the Ukrainian war, had to diversify its primary activity several times to ensure the continuous profitability. The UK establishments mirrored the parent company’s offerings.
During the application review process, the Home Office’s caseworker team thoroughly assessed the financial accounts of both parent and UK entities. The consideration was given to the revenue generated during each financial year and what business activity generated the most revenue at each point of the business’s diversification. The Home Office caseworking team also assessed the business’s website on whether it reflects the business’s current primary offering.
Interestingly, the Home Office also quired what experience and, if applicable, qualifications the Sole Representative applicant had to be able to successfully supervise the UK business in the wake of the overseas business bringing new offerings to the equation. This was not covered in the original application but was evidenced with the relevant documentary evidence in the additional information request received from the Home Office caseworking team. This only demonstrates how thorough the decision-making team is in their application review.
Our Immigration Team has many years of experience assisting Sole Representative applicants in their visa applications, often successfully taking on cases with a high degree of complexity.
Do not hesitate to get in touch for an assessment of your circumstances and advice on how we could assist.