Having said that, the percentage of cases that do go to court represents a huge burden for the British taxpayer, with approximately £2.8 billion expected to be spent on HM Courts and Tribunals Service (HMCTS) over the 2025/26 period. 

This is why a change was needed… But how has the law changed to encourage out-of-court settlements, and how does this affect your case if you’re knee-deep in litigation yourself? At St Helens Law, we’re experts in both commercial litigation and civil litigation and are here to ensure your needs are heard and met by the legal powers that be.

If you’re seeking legal advice, representation, or an independent arbitrator, speak with a member of our world-class team today.

Churchill v Merthyr Tydfil (2023): A legal turning point

As of late 2024/early 2025, the court now has legal authority to force the parties in litigation to engage in Alternative Dispute Resolution (ADR) before taking things further, which wasn’t always the case. In other words, they need to at least attempt to solve their issues away from court proceedings, possibly through an arbitration agreement, rather than heading straight for a legal dispute at the highest level.

The landmark alteration came from an unlikely source; In 2023, a Mr. Churchill (no relation to the wartime leader) sued his local council, claiming that Japanese knotweed had spread from council-owned land onto his property, causing damage. As a result, the council requested that the court order Mr. Churchill to halt movement towards a wider dispute, encouraging him to first utilise the council’s internal complaints system, which he’d neglected to use.

This raised an interesting question: can the court legally ask someone to explore alternative methods of resolution first? Or would this be a breach of their rights?

As it turns out, yes. The Court of Appeal ruled that, under English law, courts do have the power to make such demands, as long as it does not prevent the claimant from having their case heard in court, should things need to go that far.

When can the courts order ADR?

English courts can order ADR at any point during the case, but it’s far more likely to order it under three specific circumstances:

• If the context of the case is a simple one that wouldn’t require complex legal rulings.
• If the claim is a small one (under £10,000).
• If one or both of the disputing parties have actively refused ADR.

For those who refuse pre-court mediation methods, instead of recommending ADR schemes, courts have now made this the legally-binding default rule as a cost, resource, and time-saving measure.

How have new ADR rules affected litigation cases?

Although these new rules have only been in place for a short time, litigation cases in the UK are already feeling the effects.

Recent data shows there has been a 9% decrease in the number of civil litigation cases reaching the courtroom. This doesn’t sound too dramatic, but it becomes a far more prominent figure when you consider that litigation cases are on the rise. Traditionally, we would see the number of court cases heading in the same direction.

This shows there is a direct correlation between the ruling and the number of litigation cases reaching court in the UK.

Why is ADR gaining popularity?

Aside from the legal rulings, there are plenty of reasons why all parties involved should want to seek ADR:

Speed: Since there’s no need to go to court, matters are generally resolved much quicker via ADR.

Cost: Court battles can be a lengthy, expensive process. ADR negates the need for this.

Flexibility: Judges are limited in their resolution powers. By solving issues amicably, you and the other party have the chance to find bespoke solutions that work for their specific circumstances.

Confidentiality: Court trials are open to the public record, meaning anyone could delve into your private business. ADR keeps your issues away from the spotlight.

What the new ADR rules mean for clients and legal advisers

If you’re considering a civil or commercial litigation claim, it is important to consider that you’ll be required to enter into ADR relatively soon in the process, which isn’t a bad thing – it gives all involved parties the chance to solve their disputes without things getting “ugly.”

From a solicitor’s perspective, we now have an obligation to reinforce the new rules while keeping you fully aware of the opportunities and potential positive results ADR can have, should we feel it is the best option for you.

But rest assured, at St Helens Law, we will always advise you on what we feel to be the best move for your specific litigation case, based on our years of experience.

Talk to St Helens Law about resolving your dispute

With ADR now being the preferred course of action in the UK, it gives everyone involved in a civil or commercial litigation the chance to save themselves – and the taxpayer – plenty of cash by avoiding court proceedings.

But whether you would like to settle things between yourselves, or you feel there is an inherent need for a court case, St Helens Law is here for you.

With vast experience in all types of litigation and exceptional track records when it comes to resolving disputes via ADR options, we’re an easy choice if you want to see the best results for your case. We take a pragmatic approach to your case, gathering witness statements and collecting evidence on your behalf, and using our legal expertise to offer the outcome you deserve.

Get in touch with the team at St Helens Law directly for more information, or enter your contact details in our free consultation form and we’ll be back in touch shortly.

The post Why are More Litigation Cases Being Settled Out of Court?  appeared first on St Helens Law.

It may be possible to apply for equity release depending on the age of the owner, the state of the property and the ratio of equity to the amount already owned to the bank.

There are strict rules that govern possession claims. They are set out in Part 55 of the Civil Procedure Rules.

The claim for possession is usually brought in the County Court who has jurisdiction over where the property is although occasionally if there is a question of law that is complex then it may be heard in the High Court.

Anyone that receives a claim for possession should act quickly. Usually a defence is needed within 14 days and it has to be in the appropriate Court Form.

Even if there is no actual Defence to the Claim you can ask the Court to give you time to refinance or sell the property or ask for time to allow for a repayment scheme paying the debt by instalments.

A lender has to notify the person at the property, the local housing department and any other party that has a charge over that property. The lender has to show the notices to the Court at the hearing.

The first hearing will either be a hearing with an outcome that finalises the dispute or the Court may use the hearing as a Directions hearing.

The Court has several options available to it. It can make the Order for possession or suspend possession on terms agreed eg that the owner makes regular additional payments. The Court can simply make an Order on agreed terms between the parties.

Don’t think that a possession claim is undefendable. Provided you act quickly the claim can be managed to enable you to keep your home.

The post Possession Proceedings By A Mortgagee appeared first on St Helens Law.

It’s certainly something you need to be aware of.

Over one million houses (21%) in the UK private rental sector are officially classed as ‘non-decent’ – often cold, damp and poorly insulated. And at present, only 49% of homes currently have an EPC (Energy Performance Certificate) rating of C or above.

With these statistics in mind, the government is about to implement change.

Soon, new EPC regulations will be introduced, meaning landlords will have no choice but to address the EPC ratings of their buy-to-let portfolio. Improvements will have to be made to ensure properties are properly insulated and as energy efficient as possible. Otherwise, they may face hefty financial penalties and potentially other consequences.

Here our property solicitors outline everything you need to know, including your legal responsibilities, and steps you could take now to prepare.

A transition to EPC Band C by 2030

Private rented homes in the UK currently only have to meet the low EPC Band E.

The previous government initially planned to increase the minimum EPC rating in rental properties from E to C, by no later than 2028. But in September 2023, the proposed changes were scrapped by former prime minister, Rishi Sunak.

Fast forward to October 2024. Now, over a year later – and with a new government in power – it seems the changes may be back on the agenda. As part of their ‘Warm Homes Plan’ and commitment to reducing the number of fuel-poor households, the Labour Party have recently confirmed they are bringing back plans to implement new landlord EPC requirements.

The full details have yet to be revealed. However, the original deadline of 2028 has now been pushed back to 2030. By which point, all rental properties – including new and existing tenancies – will need to have an energy efficiency performance of at least EPC Band C.

To continue to rent a property, landlords will need to make any necessary upgrades – such as installing insulation and eco-friendly devices (e.g. heat pumps, solar panels etc.) – to reach the EPC Band C threshold. And if they don’t, they may face a hefty financial penalty.

What impact will the new energy efficiency rules have?

The new 2030 deadline offers some clarity and direction for private landlords. Something that has certainly been lacking since Rishi Sunak scrapped the changes in 2023. But it could be seen as good and bad news, for both landlords and tenants.

• Cost

Enhancing the energy efficiency of properties certainly won’t be cheap.

To meet the target, it’s estimated that each year around 340,000 rental homes will need to make improvements to achieve a minimum EPC rating of C. And at an average cost of £8000+ per property, landlords face spending an eye-watering £21.5 billion on retrofits.

Landlords looking at the new EPC requirements are likely to be weighing up whether the cost to improve their property’s EPC rating is worth it – or if selling the problematic property before 2030 is actually a better, more financially savvy, option.

It’s easy to understand why some might simply walk away from the sector.

Demand for affordable lets is already an issue in the UK. In the last 12 months, the number of homes available for rent has risen slightly – yet there are still 25% less compared to 2019. A potential exodus of landlords could send the numbers in the opposite direction once more, resulting in an even smaller rental market, less choice for tenants and, ultimately, higher rental prices

To help prevent this, it’s believed the government will encourage mortgage lenders to offer affordable finance for landlords who need to carry out ‘green’ improvements.

Some landlords will be given cash to fund the cost of upgrading one property, capped at between £15,000 and £30,000 (depending on the kind of upgrades required). But this will be limited to properties located in certain eligible postcodes, and those which contain tenants who receive benefits or have incomes that fall below a certain level. 

• Lower energy bills  

Currently, over a quarter of renting households in the UK live in fuel poverty.

The proposed EPC regulations should help to address this shocking statistic. After all, energy efficiency is one of the best ways to bring energy bills down. By improving insulation and heating in their privately rented properties, landlords will allow their tenants to heat their homes for less.

In fact, the new EPC standards could save renters approximately £499 a year – compared to a tenant living in an average property with an EPC ‘D’ rating. The difference is even bigger between typical properties with EPC ‘C’ and EPC ‘E’ ratings, with an estimated annual saving of £1,248.

Interestingly, lower energy bills could also be of benefit to landlords.

As the rising cost of living remains a concern, demand for properties with higher EPC ratings could increase. So whilst energy efficiency improvements may be a big initial outlay for landlords, the cost could be offset by higher average rents and shorter void periods.

• Eco-conscious renters

More and more people want to do their bit for the planet.

When choosing somewhere to live, the energy efficiency of the property is now deemed just as important as the size of the property and its location.

Decarbonised homes offer an opportunity for tenants to address the climate crisis on a personal level – allowing them to reduce their carbon footprint, whilst saving money in the process. Therefore, in time, this could also increase demand for properties with a better EPC rating.

Will there be changes to EPC regulations for commercial properties?

In addition to the changes for residential properties, the current government has also published their proposed plans for future EPC reforms in the commercial sector.

Since 2023, a minimum EPC rating of ‘E’ has been required – both when a landlord grants a new lease and for the continuation of an existing lease. However, if the latest proposals are adopted, from the 1^st April 2027, all commercial properties will require a minimum EPC rating of ‘C’– otherwise they will be unable to be let.

Further to this, by 2030, a minimum EPC rating of ‘B’ will be required.

Some properties will qualify for an exemption and there are certain conditions under which the new rules don’t apply. But generally speaking, if the building:

• is a roofed and walled construction (within which energy is used to control the indoor climate)
• has a valid EPC (commissioned in the last 10 years)
• is or will be subject to lease

Landlords will be legally required to comply with the new regulations.

If they don’t, the penalty for non-compliance is a fine (applicable per breach), based on 10-20% of the rateable value of the property – with a minimum fine of £5000 and a maximum of up to £150,000. The landlord may also be published on a public register, with details of the breach.

What happens next?

Whilst these changes to EPC legislation have now been confirmed, the government will need to provide further details on how the new rules will work. For example:

How will properties be assessed?

Is there a spending cap for improvements?

How will exemptions be registered?

Will any extra funding or support be available?

In the meantime, there are a few things both existing and prospective landlords can do to prepare for the upcoming changes:

1. Review your property portfolio

Landlords need to ensure they have a valid EPC for each applicable property, issued by an accredited assessor. You can look this up online, and find out your property’s current EPC rating at https://www.gov.uk/find-energy-certificate.

• Speak to an assessor now

This will give you a better idea of what work needs to be done, to maintain or increase your property’s EPC rating, and how much it’s likely to cost.

• Check your leases

Do you have the right to enter the property and carry out the work? Could the cost (in whole, or in part) be passed down to the tenants? Now is the perfect time to review any leases and update them as necessary to reflect the new rules.

It may also be worth including new provisions which facilitate any improvement works and restrict a tenant from obtaining their own EPC, or completing any alterations that may adversely affect the current EPC rating of the property.

• Futureproof your portfolio

Ensure any new leases are drafted with the new EPC rules in mind.

Here at St Helens Law, we have a fantastic team of property solicitors, who specialise in this field and are always happy to help. If you’re still unsure what the new energy efficiency rules mean and how they’ll affect your property portfolio, or are wondering what to do next, please don’t hesitate to book a free initial consultation.

Whether you’re a landlord in the residential or commercial property sector, we can help you get to grips with your legal responsibilities, and advise on the best steps to take to prepare and ensure your properties meet legal requirements by 2030.

To discuss your situation in confidence, you can give us a call on 01744 385171. Alternatively, send an email to commercialconveyancing@sthelenslaw.co.uk or fill out the request form at the top of this page and we’ll respond as soon as possible.

The post Changing EPC Regulations appeared first on St Helens Law.

The impact of the so-called mini-budget was far from ‘mini’, leading to eye-wateringly high interest rates and an unprecedented cost of living. Which has meant, for first-time buyers, securing a mortgage has become a bit like climbing Everest.

But thankfully, it seems, things are starting to improve.

According to statistics from the Bank of England (BoE), mortgage approvals for house purchases increased by 3.8% from July to August 2024 – with 64,858 applications getting the green light. Not only does this mark the third consecutive month of growth, it’s also a 43.4% increase compared to August 2023, when approvals stood at just 45,219.

Over the coming months, it’s believed this upward trend will continue.

Mortgage rates have already (mercifully) started to fall, with lenders introducing much more competitive offerings and fixed-rate mortgage deals. Which has widened the pool of potential buyers and loosened the purse strings on what people can afford.

Of course, all eyes will be on the BoE for their next decision regarding the base rate. As well as the government’s forthcoming budget and any impact this might have on buyers and sellers. But generally speaking, the outlook for the UK housing market is positive.

Remarkable progress has been made this year and, as we head towards 2025, prospective homebuyers looking to get a mortgage are in a much stronger position.

How to boost your chances of mortgage approval

Been hedging your bets, waiting for the right time to apply?

Now could be the perfect time to strike.

With more and more people being accepted by lenders, your odds of success are higher than they have been for a very long time. And to help bolster your chanceseven further, here our specialist conveyancing solicitors offer a few handy tips.

• Check your credit score…

…as soon as possible (i.e. don’t let the mortgage lender get there first).

This score is affected by any accounts you’ve had open in the past 6 months, including credit cards, loans, overdrafts, bills, ‘buy now pay later’ agreements etc. And it’s used by the lender to assess your financial situation and decide whether you can be trusted to repay the mortgage.

In the UK, three agencies are typically used – Experian, Equifax and TransUnion.

To give yourself the best possible chance of success, it’s worth checking out your report on each. This is completely free of charge. And if you do find that your score is quite low, you can correct any errors and take steps to enhance it, before it’s viewed by your chosen lender.

• Manage your available credit

It’s all about finding the sweet spot.

If you’re applying for a mortgage, it’s important to strike a good balance between not having too much credit available (as lenders might think you could rack up more debt) and not getting too close to your limits, as this suggests that you’re at the edge of your finances.

Of course, if you can pay off debt, that’s always a good idea. But if not, try to limit your credit usage as much as you can – keeping it at around 25% of your available credit.

• Boost how ‘reliable’ you look

Mortgage lenders are required to ‘stress test’ potential borrowers.

Essentially, this involves doing a number of affordability checks – which assess whether you’d still be able to afford your mortgage in the future, if interest rates were to rise.

To ensure you’re perceived as a safe bet, it’s worth tightening your belt in the months before you apply. Try to stay out of your overdraft, as this suggests you’re living from pay cheque to pay cheque. And as obvious as it may sound, always pay your bills on time. A missed payment can count against you for at least a year, and will stay on your credit report for 6 years in total.  

• Delay any new credit applications

Every time you apply, the credit provider will do a ‘hard credit check’. This is registered on your file (even if you don’t take out the contract) and can have a significant negative impact on your overall credit score – making it much less likely you’re accepted for a mortgage.

Payday loans, in particular, are a big no-no.

In fact, previous research has found that a fifth of wannabe first-time buyers who had their mortgage application declined, did so because of a short-term, high-interest loan.

Ideally, you should delay any new applications for a minimum of 3-6 months.

• Get your paperwork in order

To be approved for a mortgage, there’s a lot of stuff you need to prove.

You’ll need to send a variety of documents to the lender, including proof of identity, proof of address, proof of income, proof of your deposit and much more. So if you want to maximise your chances of success the first time round, it makes sense to get your paperwork in order.

Sending everything together not only speeds up the process, but also reduces the chance of the application being reviewed by multiple people – and, as such, your chances of rejection.

• Save a little bit more for your deposit

We’re not talking a lot – just an extra £100-200 will usually do the trick.

This might seem like a negligible amount, but it can have two surprising benefits.

Firstly, it can increase the chances of getting a mortgage approved, as it no longer appears like you’re scraping together the bare minimum (i.e. 10%, 20%, 25% etc.) to secure that particular interest rate. Secondly, it can sometimes impact how much the lender is willing to offer you – potentially increasing your budget and widening your property pool.

Fancy your mortgage chances?

Due to wider economic challenges, securing a mortgage as a first-time buyer still isn’t an easy feat. But generally, more applications are now being accepted and – as we head towards 2025 – your chances of success are much more favourable than they were this time last year.

Whether you’re one of the lucky 64,858 who had their mortgage approved earlier this year, or currently preparing to apply, our team of conveyancing solicitors are on hand – ready to offer support during this exciting time and guide you step by step towards your first home.

Skilled and experienced in the buying and selling of residential property, we have significant knowledge of the conveyancing process. And will work collaboratively with you, your mortgage lender and your estate agent to make everything as quick and easy as possible.

Further details, including a list of our current fees, can be found in our Residential Conveyancing Guide. But if you have any questions, you’re more than welcome to get in touch. Please don’t hesitate to give us a call on 01744 385171. Or send an email to info@sthelenslaw.co.uk and we’ll respond to your enquiry as soon as possible.

An initial consultation with our conveyancing solicitors is also available completely free of charge, which you can request by filling out the form at the top of this page. against the NHS and your chances of success.

Get in touch today!

The post Mortgage approvals are on the rise – time to apply? appeared first on St Helens Law.

Ideas and opinions have been shared, pledges have been made, and new laws have been proposed. Many of which fall within our remit as solicitors – here at St Helens Law.

We’re by no means experts in politics and this certainly isn’t an all-encompassing review or summary of the suggested legislation. Nevertheless, here we take a brief look at some of the key promises made that fall within our areas of legal expertise.

Conveyancing

In a push to ‘build an ownership society’, the Conservatives have set an ambitious goal of building 1.6 million homes in England in the next 5 years. Similarly, Labour has pledged to build 300,000 homes a year – equating to a total of 1.5 million new homes in the next 5 years.

Previous targets have, of course, been missed – and these numbers would require a level of building not seen since the 60s. However, both parties appear confident that it’s doable.

The Green Party have also promised a mass building programme. And whilst they haven’t specified exact numbers, Reform UK claim the current damaged housing supply is (at least in part) due to overly bureaucratic planning regulations that delay decisions and add huge costs. As such, they’ve promised to review the planning system to help accelerate house building.

In terms of changes that could benefit first-time buyers?

To help people get onto the property ladder, the Conservatives announced a resurrection of the ‘Help to Buy’ scheme. They also plan to permanently freeze the stamp duty threshold at £425,000 – meaning around 8 in 10 first-time buyers wouldn’t pay stamp duty.

Labour have pledged to work with local authorities to give first-time buyers the chance to buy homes from new developments, before they’re sold off to international investors.  

Residential property

No-fault evictions aren’t very popular across the board.

A policy first proposed by the party in 2019, the Conservatives have committed to eventually banning no-fault evictions. Liberal Democrats and the Green Party have also pledged to ban them. Whilst Labour – taking a no-nonsense approach – has promised an immediate abolishment, in the hope this will prevent renters from being exploited. 

To further support private renters, several other changes have been proposed:

• Liberal Democrats have promised to make three-year tenancies the default. They also plan to introduce a new ‘rent to own’ model for social housing, whereby rent payments give tenants an increasing stake in the property – allowing them to own it outright after 30 years.
• The Green Party have promised to campaign to councils to impose rent controls, as well as build 150,000 social homes a year.
• The Conservatives have pledged to introduce a two-year temporary capital gains tax relief for any landlords who choose to sell to their existing tenants. 

On the flip side, the Conservatives will also introduce a ‘three strikes and you’re out’ policy, making it easier for social housing landlords to evict tenants guilty of anti-social behaviour.

Health

There’s one thing everyone can agree on – the NHS and dentistry need urgent action. But each party has proposed a slightly different way to tackle long waiting lists and ‘dental deserts’.

For a start, the Conservatives have re-stated their existing policies and targets for the next 5 years, which include increasing the number of doctors and nurses by 120,000.

Their manifesto also mentions the possibility of 40 new hospitals. Plus a new initiative on dentistry, which promises to tie new dentists into working for the NHS for a number of years after they qualify – or face having to pay back their training costs.

Labour has promised to deliver an extra 40,000 operations, scans and appointments a week in England – by introducing more weekend services and turning to the private sector. According to their manifesto, the money for this will come from cracking down on nom-dom arrangements.

Liberal Democrats have vowed to provide 8000 more GPs in England, as well as a ‘62 day guarantee’ – whereby 100% of patients with an urgent cancer referral will begin treatment within 62 days. However, the details on both of these are unclear.

Reform UK states they will endeavour to get to zero NHS waiting lists in 2 years. They claim they can do this by transforming doctor and nurse availability, using independent healthcare capacity and offering tax relief on 20% of all private healthcare and insurance.

Last but not least, the Green Party has promised quicker access to GPs and NHS dentistry, plus a reduction in hospital waiting lists. They’ve also indicated a huge cash injection for the NHS, with talk of increasing the budget by £8 billion – in the first year alone.

Family Law

Family justice commitments have been made by several major parties.

For example, the Conservatives have pledged to expand the ‘Pathfinder’ pilot. First implemented in 2022, this pioneering scheme has trialled a new approach in family courts, which aims to improve the court experience and outcomes for survivors of domestic abuse, and ensure the voice of the child is the focal point in proceedings.

Initially, it was launched in just Dorset and North Wales, but has now been expanded to Birmingham and South East Wales – and following its success, the party have vowed to continue with its expansion.

They’ve also promised to continue supplying mediation vouchers, to help more families resolve matters without the need for an acrimonious court battle.

Liberal Democrats plan to create a more efficient and supportive justice system, with a particular focus on supporting survivors of domestic abuse. This will be done by increasing funding, setting relevant targets and introducing reforms to ensure courts are properly staffed and can deal with cases much more quickly.

St Helens Law – solicitors with a finger on the pulse

Manifestos may have been published, but votes have yet to be cast – and as solicitors, we’re certainly not qualified to predict the results of this general election.

However, one thing is for sure. Whoever wins on July 4^th, as a leading and dedicated law firm, we will be fully informed of any changes (or proposed changes) to the law that arise as a result – particularly in our areas of legal expertise – and will be able to advise on how those changes may affect you.

Whether you’re buying or selling a house, experiencing difficulties with your landlord or tenants, have suffered due to clinical negligence or NHS waiting lists, wish to pursue a family law case (e.g. child custody arrangements), need to resolve an ongoing dispute… Whatever your circumstances, we offer a wide range of legal services. And our pledge is to always provide our clients with straight-talking tailored advice, an exceptional level of customer service and continued support and guidance until the matter is truly resolved.

To request a free initial consultation with a member of the team, simply fill out our online form and we’ll respond to your enquiry as soon as possible. Alternatively, if you have any questions – about how the manifesto pledges may affect you or the services we provide – please don’t hesitate to get in touch. Call us on 01744 385171 or send an email to info@sthelenslaw.co.uk.

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Now may be a good time to strike.

Courtesy of rising interest rates and economic uncertainty, 2022 saw the fastest fall in UK commercial capital values on record – with official figures reporting a 13.3% decrease in overall capital value and a 9.1% decrease in annual total returns across the board.

The industrial sector was the hardest hit, with capital values down by 21% and a 18.1% reduction in annual total returns. Retail property capital value fell by 8.1%, whilst offices were down by 12.1%. And both saw negative returns of -2.1% and -8.3%, respectively.

But could this downward cycle be about to end?

There’s no guarantee how the year will pan out – and it’s still important to be cautious – but based on the latest CBRE Monthly Index for January 2023, the outlook for the UK commercial real estate sector is certainly starting to look a little more positive.

An optimistic outlook for commercial real estate

There’s no denying, commercial property capital values did continue to decline in January 2023. However, the crucial thing to note, is that the rate of this decline appears to be slowing down – reducing by just 0.4% across all property sectors (industrial, retail and office).

Here we take a closer look at the individual figures.

Industrial

Industrial property capital values declined by 0.6%.

Both industrial segments – including ‘Industrials in the South East’ and ‘Industrials in the rest of the UK’ – reported similar falls, with a decrease in capital value of 0.6% and 0.7%, respectively.

Over the course of the month, industrial total returns also fell by 0.2%.

Retail

Retail capital values decreased by just 0.2%.

In fact, whilst both standard shops and retail warehouses recorded very marginal capital value declines (-0.3% and -0.2%, respectively), shopping centres actually recorded an increase of 0.1%.

The sector also posted a positive total return of 0.4%.

Office

Office sector capital values reduced by 0.6% in January.

This reduction was driven by an office capital value decline in both Central London (-0.3%) and Outer London (-0.9%), as well as a decline in office capital value across the rest of the UK (-0.9%).

In addition, overall total returns fell by 0.2%.

What do these numbers actually mean?

A cautious interpretation is that values have broadly levelled off, reflecting a lack of transactions.

The more optimistic view? Things are about to start improving for the commercial real estate sector.

Whilst it’s too early to be 100% sure, these latest figures do suggest that commercial property values may have reached the trough of their current downward cycle. And after plummeting severely in 2022, this could mean they will start to climb again as we head further into the year.

If this turns out to be true, 2023 could offer the buying opportunity of a generation for many investors – essentially, providing a chance to purchase commercial property at its nadir, before capital values and annual returns begin to bounce back.

Taking that opportunity?

It’s certainly been a turbulent couple of years for commercial real estate. Whether or not now is the right time to invest in commercial property is a huge decision. And unfortunately, this is something we’re unable to provide advice on here at St Helens Law.

However, if you’ve done your own research, found the ideal commercial property or business premises, and are happy to go ahead, we can certainly assist with your purchase.

Our growing team of commercial property solicitors have unrivalled expertise in this area, and can guide you step-by-step through the full commercial conveyancing process. We pride ourselves on delivering a proactive service, with a strong focus on client care. In some instances, work may be able to be carried out on a fixed fee basis – ensuring it’s as cost-effective as possible – and our fees will be discussed at your initial FREE consultation. 

So, if you have any questions about commercial property law, or would like a quote, please don’t hesitate to get in touch. You can reach out to our commercial conveyancing solicitors via our online enquiry form. Or if you prefer, you’re welcome to call us at any time on 01744 385171.

The post Commercial property values at (or near) their lowest appeared first on St Helens Law.

Why? Because approximately 40% of global annual CO₂ emissions can be attributed to real estate. And as climate policies become more and more of a priority, the government is encouraging landlords and occupiers to re-evaluate the environmental impact of their buildings.

A ‘green lease’ is a convenient way to do that. And here at St Helens Law, our commercial property solicitors can help you to get started and give your company a competitive edge.

What is a green lease?

At present, green leases only tend to apply to commercial properties – not residential.

Contrary to popular belief, they’re not a specific type of document and there isn’t an industry-standard ‘template’. It’s better to think of a green lease as a series of environment-focused provisions – which can simply be inserted into the commercial leases that are already used.

Essentially, these provisions are designed to enable both parties (i.e. the owner and occupier) to work together, to help reduce the building’s environmental impact and improve sustainability.

They can be incorporated into a new commercial lease. Or, if a lease is already in place, the parties can enter into a Memorandum of Understanding (MoU) instead. This isn’t legally binding – but it does provide a roadmap, encouraging cooperation and ensuring both parties play their part.

What type of clauses does it include?

When it comes to drafting a green lease, the building’s energy efficiency is typically the no.1 consideration – especially now that MEES (Minimum Energy Efficiency Standards) prohibits the letting of a building with a rating below ‘E’. But in addition, the provisions can also relate to:

• waste reduction and management
• energy consumption
• water efficiency
• travel to and from the building
• materials used in the fit out
• refurbishment and alterations to the property

Why should you consider a green lease?

Legally, you’re under no obligation to enter into a green lease – but that doesn’t mean you shouldn’t. As an existing or planned owner of a commercial building, there are many reasons to consider introducing such provisions (aside from the fact that you’re helping the planet!).

Here we’ve rounded up just a few of the main benefits:

1. Financial savings

On average, a commercial property wastes around a third of the energy it uses.

Given the current instability of energy supplies and soaring energy prices, imagine the difference it would make to your monthly bills, if you could find a way to reduce this inefficiency.

A green lease can help with this.

Energy-efficient retrofits tend to pay for themselves within approximately three years, and can lead to substantial long-term savings. Plus, there are many simple ways to collaborate with your tenants and significantly reduce the daily operating costs of a building – with very little effort on either side.

A well-thought-out strategy could be all it takes to reduce utility consumption – and costs.

2. Comply with Corporate Social Responsibility (CSR)

Most businesses now have a set goal to reduce their carbon footprint. As such, a successful green lease is an effective way to attract future tenants. Not only will it align with their values, it provides an easy way for them to measure and report their quantitative sustainability achievements.

What’s more, it’ll make it easy for you to gain desirable certifications (e.g. BREEAM).

Such certifications are a great way to showcase corporate responsibility. Therefore, eco-conscious tenants will be much more motivated to gain these third-party certifications – and provisions can be added to the lease to set your expectations and work together towards this common goal.

By complying with modern CSR policies – and introducing new energy-efficient initiatives – the value of your property is also likely to increase. Which means you may be able to charge higher rent.

3. Enhance your image

In today’s marketplace, people care about what a company is (or isn’t doing) to help tackle CO₂ emissions. And a green lease is an easy way to differentiate your organisation – making it clear how you’ve made a positive commitment to help the environment and operate sustainably.

It’ll also yield quantifiable environmental gains, which can be used for marketing purposes.

Drafting a green lease

Every green lease (or MoU) is unique depending on:

• the type of commercial property it relates to
• its environmental priorities
• the needs, wants and budget of the landlord and tenant

They also come in different ‘shades of green’ depending on their severity.

For example, a ‘light green’ lease is mainly aspirational provisions – which require limited commitment, aren’t legally binding and typically pertain to the building’s energy efficiency.

A ‘dark green’ lease is a little more comprehensive. This would typically include clauses that require a greater amount of commitment, are legally binding for both parties and cover more issues than just energy efficiency (e.g. an obligation for the tenant to use only sustainable materials, or for the landlord to reduce rent if targets are met).

As there’s no legal requirement to include a green clause in a commercial lease, there isn’t a standard form of wording. But there are some common overarching objectives that appear in most. These include:

• provisions identifying the agreed ‘green’ objectives for both parties
• an obligation to cooperate with each other
• restrictions on the tenant’s ability to make ‘non-green’ alterations to the property
• greater access rights for landlords, to help improve environmental performance of the building

Ready to go green?

Green leases are becoming increasingly prevalent – and as climate policies accelerate, they’re expected to become even more so in the coming years.

Landlords who adopt them early will undoubtedly give themselves a competitive edge. And here at St Helens Law, as industry-leading specialists in commercial property law, we have the knowledge and experience to set you on the right track to ‘real estate net zero’.

We recognise there isn’t a ‘one size fits all’ approach to a green lease. Which is why, our commercial property solicitors will work with you to establish your specific goals and requirements, and achieve a shade of green that is ideal for both you and your tenants.

For an existing lease, we can review the wording and introduce new clauses. Or, if it’s a new initiative, we can propose appropriate wording for both the new commercial lease and any future renewals. Either way, we’re here to guide you step-by-step through the process – offering our expertise in this area and delivering an exceptional service for a fixed fee.

An initial consultation with our commercial property team is available free of charge.

So where’s the harm in getting in touch to find out more? You can either fill out our online enquiry form and we’ll respond as soon as possible with some suggested times and dates. Or if you have any questions about green leasing, please feel free to give us a call on 01744 385171. We’re always on hand and happy to help.

The post Should I introduce a ‘green lease’? appeared first on St Helens Law.

Mortgage interest rates have soared to record heights over the last 12 months. And following the Bank of England’s (BoE) announcement earlier this month, the outlook is still pretty bleak.

In an effort to lower inflation, the base interest rate has been increased (again!) from 3.5% to 4% – which is the highest it’s been since the recession in 2008. As a result, millions of mortgage holders up and down the country are understandably concerned.

This latest hike will have a direct impact on borrowing rates and monthly repayments. In fact, on average, it’s predicted it could set you back an extra £250 per month by the end of the year. Not a negligible amount by anyone’s standards!

So, if you’re nearing the end of your fixed rate deal, what’s the savvy decision? Should you remortgage now? Or wait, and hope that interest rates start to improve?

Remortgaging in 2023 – the definition of a dilemma

If your current fixed rate deal is due to end in the next 3-6 months, ultimately, you have two options:

1. Lock in another fixed rate

Of course, fixed rate deals are still available – but be prepared for a huge difference in your monthly repayments. The exact rate will vary depending on the lender, your affordability and credit score, and the loan to value ratio of your mortgage. But most are currently hovering around the 6% mark.

It’s a far cry from the 2% interest rate you’re likely used to.

Fixed rates have, indeed, dropped slightly in recent months. Which means, you’re likely to get a better rate today than you would have during the October and November high of 2022. 

However, it’s important to bear in mind, these rates are still significantly higher than they were a few years ago. Your monthly payments will almost certainly increase. And once you’ve committed to those rates, you’re locked in for 2-5 years – even if fixed rates decrease further in the near future.

2. Revert to a standard variable rate

Your second option is to grin and bear the lender’s standard variable rate (SVR).

The BoE has predicted that inflation will continue to fall over the first half of 2023. In theory, this should start to have a positive impact on mortgage rates – and it could potentially be worth holding fire and seeing how the market unfolds.

Keep in mind, though, that the average SVR is currently around 7%.

This is the highest it’s been in over a decade, and whilst a reduction in rates is widely expected, there’s no guarantee. Nobody can say for sure what will happen over the next few years.

At least in the short term, rates are likely to rise further – as the BoE attempts to gain control of inflation. What isn’t clear is how long they’ll stay high. Some suggest they could peak in the second half of 2024, whilst others believe they could hover around 5% for up to 5 years. And at that rate, sticking on an SVR for too long could have serious financial consequences.

Which is the right decision for me?

Honestly, this isn’t for us to say.

It’s an incredibly tough call and everyone’s circumstances are different.

By signing up for a new fixed deal now, you could save money in the short-term – but you also risk locking into a relatively high interest rate that may be uncompetitive by spring.

By reverting to your lender’s SVR and waiting things out, there’s a chance you could secure a better fixed deal in a few months’ time. However, you will be out of pocket initially, and there’s a risk that rates will continue to rise – leaving you in an even worse position.

It’s a real dilemma and the right decision for you boils down to two questions:

1. How much do you value the certainty of a fixed deal?
2. How much of a gamble are you willing to take with a cornerstone of your finances?

The most important thing is to ensure your mortgage remains as affordable as possible, both at present and over the coming months and years.

There’s no getting away from the fact, interest rates are higher than they have been for many years – making it more important than ever to hunt down the right deal. So be sure to consider your options carefully and always do a thorough comparison of lenders to ensure you’re getting the best remortgage rates.

Contact our remortgaging solicitors today

Remortgaging in 2023 is, undeniably, a very big decision. And unfortunately, at St Helens Law, we’re unable to offer any direct advice on whether you should remortgage now or wait.

However, if you’ve already done your research and feel that remortgaging is the right option for you, we can certainly assist and guide you through the full legal process.

Our specialist remortgaging solicitors have unrivalled knowledge and experience in this area of residential conveyancing. Our rates are competitive and transparent, minimising impact on your finances during this difficult time. And we’ll ensure the switch to your new provider is completed as quickly, conveniently and affordably as possible.

We also offer an initial consultation completely free of charge.

So, if you have any questions about remortgaging or would like a quote, please don’t hesitate to get in touch. You can reach out to us via our online enquiry form, and we’ll get back to you with the next steps. Or if you prefer, you’re welcome to call us at any time on 01744 385171.

The post Should I remortgage now or wait? appeared first on St Helens Law.

In the biggest shake-up of the last 30 years, the government aims to (finally) redress the balance between landlords and tenants – with a series of wide-ranging reforms.

Designed to give tenants greater protection, these reforms include everything from a bigger notice period for rent increases to the ability to request a pet in rented accommodation. But the most notable change by far, is the proposed ban on section 21 notices.

At some point in the next 12 months, landlords will no longer be able to use a section 21 eviction. If they want you out, they will only be able to serve notice if it’s in line with the agreed end date of your contract, or if they have a very good reason (e.g. anti-social behaviour).

And as specialist housing solicitors, we believe it’s a change that’s long overdue.

A surge in homelessness post-pandemic

Section 21 eviction notices – also known as ‘no fault’ evictions – allow landlords to evict their tenants with two months’ notice, without needing to give a reason for doing so.

For many years, such eviction notices have been a major source of home insecurity and homelessness amongst renters in the UK – but the issue is getting much worse.

Research has revealed that homelessness due to no fault evictions has increased by 76% in a year. From May 2021 to June 2022, almost 20,000 UK households were found to be homeless or at risk of homelessness due to a section 21 notice – up from approximately 9000 the year before.

This sudden surge is, largely, due to the lifting of the pandemic eviction ban. But according to many housing activists, no fault eviction notices are also commonly being used as a form of ‘revenge’ against tenants who complain about housing conditions or rent rises.

Whatever the cause, the UK could be on the brink of a national homelessness crisis. It’s a growing issue. And these alarming figures have sparked fresh calls for the government to ban the practice.

No more ‘no fault’ evictions?

A section 21 ban was first proposed by former prime minister – Theresa May – back in April 2019. The conservative government promised to increase security for tenants and protect them from ‘unethical behaviour’ – but, for a long time, nothing was actually done.

Fast forward to the present day and, thankfully, a Renters’ Reform Bill has now been confirmed.

Under the new reforms, tenants with an assured or assured shorthold tenancy will be switched to a ‘single system periodic tenancy’. And landlords will only be able to evict tenants under ‘reasonable circumstances’, which are defined by law.

In other words, no fault evictions will be officially banned.

In addition, the Decent Homes Standard will be extended to private renters.

This means, by law, rented homes must be free from serious health and safety hazards. Plus, landlords must keep properties in a good state of repair. And if they don’t, tenants will have more power to raise concerns regarding housing disrepair and unjustified rent increases – without the threat of a section 21 notice hanging over them.

Not got time to wait?

The proposed reforms will certainly be a positive change for UK renters, and they will definitely come into play in 2023. However, at the time of writing, the bill still hasn’t become legislation. So what if you’ve already received a section 21 eviction notice?

The first thing you should do is make sure it’s valid.

Do you actually have an assured shorthold tenancy? When did your tenancy period start? Exactly how much notice have you been given? Has your deposit been protected? Does the section 21 notice have any mistakes on it? Do you live in a house that needs a licence?

Depending on your answers to these questions – and many others – you might be able to challenge the eviction and stay in your home. There are also rules that might protect you from being evicted if you’ve complained to your landlord or asked for any housing repairs.

Detailed information and advice on this can be found at citizensadvice.org.uk.

If your section 21 eviction is valid, your landlord can’t make you leave your home unless they’ve gone to court to get a possession order – and they can only do this after the date on your notice.

Again, in this situation, we’d recommended taking a look at the citizens advice website and contacting one of their specialist advisors to discuss your options.

Housing disrepair claims at St Helens Law

Perhaps you’ve been waiting ages for a repair in your rented property?

Or the repairs carried out aren’t fit for purpose?

In the private rented sector, this responsibility falls squarely on the shoulders of your landlord. You have a legal right to make a complaint, without the risk or worry of a ‘revenge’ no fault eviction. And in such circumstances, our leading housing disrepair solicitors are here to give you a helping hand.

Section 11 of the 1985 Landlord and Tenant Act states that landlords are ‘expected to keep the structure and exterior of the dwelling-house well repaired at all times, ensuring it is in a consistently suitable living condition’. And if that expectation hasn’t been met, you may have grounds for a housing disrepair claim.

Our specialists have excellent knowledge and experience in this area of the law, allowing us to guide you through the claims process efficiently, effectively and amicably. We offer an initial 30-minute consultation free of charge. And we should be able to act as your legal counsel on a completely ‘no win no fee’ basis.

So why not get in touch?

If you have any questions about housing disrepair claims, no fault evictions or the section 21 ban, please don’t hesitate to give us a call on 01744 385171. Or to request a consultation with our housing solicitors, fill out the online form on this page and we’ll respond with a potential date and time.

The post A long overdue ban on no fault evictions appeared first on St Helens Law.

Soon, that won’t be possible.

In April 2022, the Marriage and Civil Partnership (Minimum Age) Act was given Royal Assent – and is set to come into effect on Monday 27^th February 2023. Which means, young people who wish to say ‘I do’ at an early age will now have to wait a little longer.

Here our family law solicitors explain all.

What changes are being implemented?

Under the Minimum and Civil Partnership (Minimum Age) Act 2022.

1. The minimum age for marriage

Until now, young adults – aged just 16-17 years old – were legally allowed to marry or enter a civil partnership. The only proviso was that both parties needed to have parental or judicial consent.

This has been enshrined in law for over 90 years.

However, making consequential changes to both the Marriage Act 1929 and the Civil Partnership Act 2004, the new bill will raise the legal marriage age to 18 years old. As such, 16 and 17-year-olds will be unable to marry or enter a civil partnership under any circumstances – with or without consent.

2. Forced marriage law

Currently, forced marriage is only classed as a criminal offence if:

• the young person is coerced into the marriage or civil partnership (e.g. threatened)
• the young person is deceived into leaving the UK and coerced into marriage
• the young person lacks the mental capacity to give consent

However, the new Marriage and Civil Partnership Act will introduce a new criminal offence – in which it’s illegal to do anything intended to cause a child to marry before their 18^th birthday.

This new offence will include both legally binding and non-legally binding ceremonies of marriage (e.g. those in traditional or community settings). It also covers ceremonies in other countries. Forcing an underage couple to marry by removing them from the UK will carry the same penalties.

What’s more, to prosecute, there will no longer be any need to prove coercion or deception.

Why is the law changing?

This new marriage law aims to protect vulnerable young people who are at risk of exploitation, particularly concerning forced marriages. Rather than punishing the young people involved, it’s designed to offer protection and target those who are instigating the underage partnership.

Whilst the average age for consensual marriage has risen in recent years, child marriage continues to be an ‘invisible yet thriving issue’ in the UK. According to the Office of National Statistics (ONS), of the 219,000+ marriages that occurred in the UK in 2019, 422 involved men under the age of 20 and 1146 involved women under the age of 20.

Raising the minimum age for marriage to 18, whilst also strengthening legal protections, is hoped to reduce these figures – helping to eliminate child marriage in the UK.

Plus, as there’s no need to prove coercion, it should also encourage victims to support the prosecution of those involved, without having to speak out against their families or community.

Reach out to our family law solicitors today

The Marriage and Civil Partnership Act 2022 is a significant step forward in child protection – propelling the UK towards the worldwide goal of eliminating child marriage by 2030.

If you need immediate advice on this matter, we’re also here to help.

Contacting a lawyer – particularly about such a sensitive issue – can be incredibly daunting. But at St Helens Law, we have a supportive team of family law solicitors, with ample experience in this area. And we can provide the legal guidance you require, with empathy, discretion and professionalism.

Perhaps you’re concerned about an underage civil partnership? Maybe you’re worried about the welfare of a young person who may be at risk of a forced marriage? Or would just like some pre- or post-marriage legal advice for yourself?

Whatever the circumstances, you can talk to one of our family law solicitors – in complete confidence, at any time. To get in touch, call us directly on 01744 385171. Or if you prefer, send an email to info@sthelenslaw.co.uk and we’ll respond to your enquiry as soon as possible.

The post What is the Marriage and Civil Partnership (Minimum Age) Act? appeared first on St Helens Law.