SUMMER 2025 WHNEWS
WELCOME
Welcome to our Summer Newsletter.
Just before Christmas Wright Hassall was certified as a ‘Great Place to Work’, an ‘employer-of-choice’ certification scheme that is entirely based on employee feedback; one of our partners, Katie Alsop, was named Lawyer of the
Year at the Warwickshire Law Society Awards; we have recently been re-accredited as a Planet Mark business after achieving a 60% reduction in our carbon emissions; and we have appointed a new caterer, TNS, which puts sustainable practices at the heart of its operations.
Our people form the core of this business, and we are proud to invest considerable time and effort in structuring our career pathways to retain and develop our latent talent. The success of this programme is evident in our latest round of promotions in which two lawyers were promoted to partner, one to senior associate, and another to associate, a well-deserved recognition of each individual’s hard work and contribution to the firm and our clients We were also delighted to welcome two of our trainee solicitors qualifying into the construction and planning teams respectively.
The appointment of several experienced senior lawyers has enhanced our offering across the business Earlier this year, we were joined by Karen Brennan who took over as head of the family team, and Chris Gelber, who joined our commercial team, led by Ann Critchell-Ward. Both appointments bring precise, practical, and expert advice to their respective teams. More recently our commercial real estate team has been bolstered by two senior appointments: property disputes lawyer, Ben McCosker, and commercial property lawyer, James Frost
Recent months have been particularly unsettling for businesses but there are always things every business should be doing to ensure their long-term success. On page 10 our commercial team outlines the key commercial considerations that every business should address, including formalising business partnerships and making sure contracts are fit for purpose Elsewhere, our real estate team considers what to do if a tenant vacates a property without taking their possessions; our development team gives much needed guidance on public rights of way; and our residential property team shares tips for summer house hunting.
Have you ever considered why some solicitors go the extra mile and achieve additional, professional accreditation? All is revealed on page 18, where we explain why it matters that several of our lawyers have pursued further qualifications. We also consider if executors can withhold money from beneficiaries, and why using a lawyer to draft your will is by far the safest way of ensuring your assets pass to the people you want
Last but not least, keep an eye out for our TikTok content. This platform has proved to be an excellent means of communicating legal guidance in an engaging and accessible way so log on and find out! We are also in the throes of finalising our Autumn/Winter events programme so look out for ‘save the date’ emails soon
The summer holidays are now over and I hope that everyone has returned to face the new ‘term’ refreshed and motivated
Finally, along with all of the changes and details I have outlined above, I wanted to also talk about the loss of our colleague and dear friend, Neal Patterson. Neal sadly passed away on 15 August and his loss is felt far and wide There is a little more information overleaf but it goes without saying that our thoughts are with his family, friends and colleagues.
As ever, I hope you enjoy reading this newsletter and would be happy to hear any suggestions for future content.
PHIL WILDING
New appointments bolster legal teams
Summer House Hunting: What UK homebuyers should look for during hot weather viewings
What to do with a tenant’s belongings having taken back possession
New promotions
Business partnerships and commercial contracts: What to know before you start
New partner joins Commercial Team
Employment Rights Bill roadmap 2025: What employers need to know
Why use a professionally accredited lawyer?
Can
and Wales?
Why use lawyers to draft your Will?
Introducing Wright Hassall’s Tik Tok
Public Rights of Way: how are they created, prevented, amended and extinguished?
Rising costs, falling trust: riding the current HMRC wave
Varying or extending loan terms: what borrowers need to know
For those that haven’t yet heard, we are devastated to announce that our colleague Neal sadly passed away on 15 August 2025 Neal, who was an Agricultural Lawyer and Head of our Private Client Group, was hugely popular around Wright Hassall and very well thought of amongst the farming and business communities locally and particularly in Leicestershire.
Our thoughts are with his wife and family and all that knew him and we send our condolences to everybody that feels his loss.
Rest in Peace, Paddy
NEW APPOINTMENTS BOLSTER LEGAL TEAMS
We are delighted to announce that we have had three new appointments who bring a wealth of experience to their teams.
We have welcomed Ben McCosker and James Frost as Senior Associates and Gemma Trencher as Associate.
Ben is a solicitor advocate and has joined our Property Litigation team. He has substantial experience in advising on contentious property issues, mainly within a commercial context including landlord and tenant matters.
He also has substantial experience in conducting litigation for both claimants and defendants within a commercial property, contract, public, and information-privacy law context Having acquired solicitor advocate status in 2023, Ben is entitled to conduct the advocacy on his matters in civil proceedings before all courts in England and Wales (up to and including the UK Supreme Court, if ever necessary)
James has been welcomed to the Commercial Property team, with more than 10 years of experience acting for developers, property investors and landlords, across a broad spectrum of commercial real estate matters
He brings expertise in complex transactions, including the conditional sale and purchase of property, the grant and exercise of options, negotiation of a variety of development and infrastructure delivery agreements, all aspects of leasing, pre-lets and portfolio management, and has supported clients on a number of high-value property investment acquisitions and sales.
Gemma, who has joined the Corporate team, specialises in corporate transactions including mergers, acquisitions and restructuring.
She works with a variety of businessesfrom start-ups through to large corporations - and has experience in advising on a breadth of corporate matters including disposals, reorganisations, shareholders agreements and general corporate governance.
“Their appointments reflect our commitment to attracting top-tier talent as we continue to deliver the very best service to our clients ”
Phil Wilding (Managing Partner)
Image caption: James Frost (Senior Associate), Gemma Trencher (Associate), Ben McCosker (Senior Associate)
SUMMER HOUSE HUNTING: WHAT UK HOMEBUYERS SHOULD LOOK FOR DURING HOT WEATHER VIEWINGS
Many prospective homebuyers will have found themselves drawn to property viewings, taking advantage of this year's sunny skies. It's an ideal time to explore homes, with natural light flooding interiors and gardens looking their best. However, warm weather also reveals some critical and often overlooked factors that could impact the long-term comfort and satisfaction of their purchase.
Before committing to a property purchase this summer, here are key practical and legal considerations to keep in mind during your viewings.
NOISE,
SMELL, AND AIR QUALITY: MORE NOTICEABLE IN THE SUMMER
A home may seem tranquil during a daytime visit, but the environment can change significantly during rush hour or at night
Increased traffic noise, hospitality venues, or nearby restaurants may become more prominent when windows are open in warmer months.
To get an accurate sense of the surroundings, visit the property:
During peak traffic hours
In the evening or weekends
With windows open to assess noise, smells, and air quality
Also consider the impact of nearby green spaces, schools, or playgrounds - particularly if footballs constantly hit your garden wall, affecting your enjoyment of outdoor spaces.
Pro tip: Ask yourself, “Are these deal breakers for me and would these be deal-breakers if I were selling this property in the future?”
NEARBY CONSTRUCTION PROJECTS: DUST, NOISE, AND DISRUPTION
Summer is peak season for building works and renovations in the UK because of ideal weather and longer days Nearby construction sites can be particularly invasive and introduce:
Airborne dust
Loud noise
Reduced airflow or sunlight
Privacy concerns
Research local planning applications to determine if major housing developments or infrastructure projects are planned near the home. A single development could impact your view, ventilation, noise pollution or natural light.
AIRFLOW AND NATURAL LIGHT: TREES, BUILDINGS, AND SHADE
While trees and greenery provide valuable shade in hot months, they can:
Block sunlight in winter, making interiors
dark and cold
Reduce efficiency of solar panels
Affect airflow through windows
Compromise privacy if tall buildings overlook your property
Evaluate whether the amount of sunlight and fresh air suits your lifestyle and future plans. If you're considering home improvements, such as solar panel installation, assess if current shading will hinder that potential
ENERGY EFFICIENCY: GLAZING, SKYLIGHTS, AND COOLING COSTS
In summer, poorly insulated homes may absorb excessive heat through large windows or skylights, causing:
Uncomfortable indoor temperatures
Increased energy bills due to fans or air conditioning
It is important for your solicitors to look through the Energy Performance Certificate to determine the insulation and ventilation of a property and if systems are outdated. Pay attention to any restrictions in your title (such as in a leasehold or listed property) that may prevent any future alterations or extensions for glazing or air conditioning.
A well-ventilated, energy-efficient home not only saves money but ensures year-round comfort
WHY SUMMER VIEWINGS MATTER
Buying a home in the UK may be one of the biggest financial decisions you make but also is a longterm personal decision that will affect your day-to-day life. Viewing properties during the warmer months can help you spot hidden issues that may otherwise be overlooked - like poor airflow, noise pollution, or future renovation limitations - that could affect your day-to-day enjoyment.
At Wright Hassall, our property experts work closely with clients to ensure both the practical and legal aspects of a home are thoroughly assessed before purchase.
For legal advice tailored to your property purchase, contact Wright Hassall’s residential conveyancing team.
This article was written by Toni Peppard, Senior Associate in our Residential Property team
As a landlord, once you have taken back possession your priority will be to freshen the place up, if necessary and secure a new tenant as soon as possible. But what are you to do with belongings that remain in the property which the tenant hasn’t taken nor made arrangements to collect?
THE LAW
As a landlord you are under a legal obligation to take care of the tenant’s possessions whilst they remain in your control in particular the law in this area dictates that landlords are required to make ‘reasonable efforts’ to contact the tenant for the possessions to be returned to them.
This can often be difficult and extremely problematic You may be faced with a tenant who is avoiding engaging with you or one that you cannot locate However, an unsuspecting landlord should not simply proceed with disposing of the tenant’s belongings even if they look worthless.
WHAT STEPS CAN YOU TAKE:
Notifying the tenant: As a landlord you may have a forwarding address, telephone number or e-mail address for the tenant In this case, it may be easy to resolve the situation by sending a quick e-mail or text message asking the tenant to arrange a date for collection of their possessions. You should keep a record of the letters and/or messages sent in order that you able to evidence the steps you have taken to seek to return the belongings to the tenant. When writing to the tenant you should give instructions on how the tenant can arrange collection with you. If the tenant engages with you, you should then make every effort to ensure that the belongings are safely returned to the former tenant within the timeframe agreed.
Tracing a tenant: Often, the position where possession has been recovered is that landlords do not have a forwarding address or any means of contact for the former tenant. In this case, you are still required to take ‘all reasonable efforts’ in order to trace the tenant and return their belongings to them We can work with you to instruct tracing agents who offer a “no find no fee” arrangement. Once located we can write to a tenant advising them of instructions for collection and/or your intentions to dispose of the items in the event that they failed to collect and/or engage with you
NO JOY?
So, what happens if the former tenant cannot be found, refuses to collect their belongings and/or fails to collect them? Under Part II of Schedule 1 of the Torts (Interference with Goods) Act 1977 you may serve notice of an intention to sell the items. If you do wish to sell the belongings the notice must:
GIVE SUFFICIENT DETAILS OF THE BELONGINGS LEFT BEHIND AND THE ADDRESS OR PLACE WHERE THOSE BELONGINGS ARE HELD;
SPECIFY THE DATE AFTER WHICH YOU INTEND TO SELL THOSE GOODS;
THE AMOUNT IF ANY THAT WAS PAYABLE TO YOU IN RESPECT OF THE GOODS WHICH BECAME DUE BEFORE GIVING NOTICE; AND
SPECIFY THE DATE ON WHICH YOU PROPOSE TO SEEK TO EXERCISE YOUR POWER OF SALE.
Under the Act if any amount is payable in respect of the goods, then this period shall not be less than three months It can therefore be an onerous and costly task having to store a tenant’s possessions for this period of time However, the associated costs can be sought to be recovered from the former tenant
We would advise that if you intend to sell the former tenant’s possessions, any notice served is given in writing and by recorded delivery, but one should consider that the notice should reach the recipient, so hand delivery could be contemplated too. As you will see it is not as straightforward as throwing everything out upon taking back possession of your property, you must not damage a tenant’s belongings, and you must keep them safe for a reasonable time if they are left behind. If a tenant doesn’t collect them, they could be charged for storage, removal and disposal. However, for you the most important thing to note is that there are risks associated with simply destroying belongings without notice. Further, one can consider Court proceedings for added protection too
This article was written by Stuart
Miles, Senior Associate in our Property Litigation team
NEW PROMOTIONS
We have recently announced five promotions across the businessincluding a new partner
Parminder Takhar has been announced as a new Partner, while Emily-Jade Hodson, Mamoona Hussain and Charlotte Kahrman have been promoted to Associate, and Dionne Russell has progressed to Chartered Legal Executive
Parminder, who is in the firm’s commercial litigation team, specialises in contractual and corporate disputes across a variety of sectors, including director, shareholder and partnership disputes, commercial contracts, breach of restrictive covenants, insurance disputes and regulatory breaches.
advice and intellectual property matters, while Mamoona Hussain, from the commercial real estate team, has extensive experience in commercial real estate and leasehold management, complemented by a strong background in development and infrastructure projects.
Charlotte Kahrman, based in the contentious probate team, specialises in contentious matters relating to wills, trusts and probate disputes, and Dionne Russell works in Wright Hassall’s business immigration team, which provides practical, innovative solutions to overcome complex immigration challenges.
He has extensive experience dealing with complex and high value claims litigated in the High Court, including pursuing and defending injunctive proceedings, and has also successfully acted in a number of regulatory disputes in the criminal courts, including health and safety breaches and corporate fraud
Emily-Jade, who is also in the commercial litigation team, specialises in contentious commercial matters including breach of contract disputes, restrictive covenant
Image caption: Mamoona Hussain (Associate), Charlotte Kahrman (Associate), Parminder Takhar (Partner), Dionne Russell (Chartered Legal Executive), Emily-Jade Hodson (Associate)
BUSINESS
PARTNERSHIPS AND COMMERCIAL CONTRACTS: WHAT YOU NEED TO KNOW BEFORE YOU START
Entering into a business partnership is often compared to getting married. There’s optimism, shared ambition, and excitement about the future. But just like in personal relationships, it’s the practical and legal foundations that determine long-term success. While it's easy to get caught up in branding, launching a website, or leasing your dream office space, failing to address key commercial considerations can spell trouble down the line.
WHY FORMALISING BUSINESS PARTNERSHIPS MATTERS
Without clear agreements in place, business partners risk misaligned expectations, financial disputes, and even the collapse of the business Many of these challenges can be avoided through early, open conversations and by formalising those conversations into legally binding commercial contracts, including a well-drafted shareholders’ agreement.
KEY ISSUES TO DISCUSS WITH YOUR BUSINESS PARTNER
Financial position and risk exposureIt is important to understand the personal financial position of the person with whom you will be going into business. If that person has a lot of debt, it is important to consider whether that person can survive financially through the lean months – especially when the business is still developing
Left unchecked, your business partner’s problems can become your problem. A business partner in financial distress may put pressure on the business by demanding or needing more money out of the business than it can afford This can cause resentment, deadlock or sometimes the demise of a business that is being bled dry of funds.
Business goals and vision alignmentBefore embarking on a business venture,
you and your business partner should discuss what your expectations and goals are in respect of the business Discuss questions like:
Do both of you understand the legal risks and requirements of running a business? Directors, especially have very stringent obligations If and when employees are taken on board, this requires a thorough understanding of what the business’s obligations in this arena are.
What is the purpose of the business? Do both of you understand why you are going into this business, how you expect it to operate and exactly what goods or services you will be providing and to whom?
Is the business intended to be a short term or a long-term business venture? Is the idea to run the business indefinitely or to sell it after a period?
It can be eye opening to realise how different you and your business partner’s views of the business are and what you wish to achieve can be
Financing and profit distribution -
Money is often a sticking point between business owners If you and your business partner have very different views or values making financial decisions in respect of the business can become a minefield. For example, a shareholder who has a young family may wish to have dividends declared because he or she is financing a home, paying school fees and generally dealing with family expenses Contrast this with someone who is not married or who doesn’t have children and who wants to reinvest profits in the business in order to grow it and there may well be conflict around money.
It is important to have discussions around how the business will be funded during the start-up phase and how any future funding requirements may be met.
The first question to ask is who is putting funds into the business and how (if at all) are these funds to be repaid. Failure to
deal with this issue can result in severe resentment, especially when one party feels unappreciated or believes that he or she is not getting as much out of the business as was hoped At this point it is also helpful to discuss matters such as salary expectations where the shareholders are also employees, profit sharing and general financial management.
The questions that must then be considered are related to the pricing of the goods and services, the terms upon which business is done with customers, whether credit will be provided and how non-payment is dealt with.
Day-to-day management and decisionmaking -
It is so important to know exactly who is running the business or, where both business owners are involved, who will be tasked with what How will decisions be made in the business? Must all decisions be jointly made? This is seldom practical and so the question becomes: what decisions can the business partners make independently of each other? How do the partners mitigate the risk of one of you going “rogue” and incurring liabilities and debt without the other partner knowing or agreeing to this?
Resolving disputes -
What are you going to do when you can’t agree? This is especially difficult in the case where each party owns 50% of the business. If agreement can’t be reached, this can bring the entire business to a halt and almost certainly result in the business failing This discussion can be very difficult because in the honeymoon phase of the business relationship, business owners often dismiss the risk of them ever disagreeing or being unable to resolve a matter. Unfortunately, this is often not the case and trying to agree to a dispute resolution mechanism once the dispute has arisen can in and of itself be a fraught process.
Exit strategies and succession planning -
Few business owners give any thought to how they would like to exit the business, but this can be one of the most overwhelming questions facing business owners.
The question is: what happens if one party wants out? Will the other party be obliged to sell their shares to the other party first? If so, how is that interest to be valued?
Sometimes, an exit from the business is not voluntary, for example through the death or disability of one of the shareholders, a process needs to be put in place to deal with this eventuality
One of the most contentious issues in these circumstances is the valuation of shares. A valuation process or mechanism is best agreed before it is needed –especially where there is conflict between the parties
Other questions to consider in regard to the exit of a business partner include:
Are the parties locked into the business for a period and if one of the parties wishes to leave, how will his or her shares be valued, and will they pay a penalty on early exit?
If the parties are also employed by the business, must they sell their shares if they leave the business? If so, to whom and how will this be funded?
Finally, should there be a restrictive covenant in place to protect the intellectual property and confidential information belonging to the business should a shareholder leave?
PROTECT YOUR BUSINESS WITH THE RIGHT LEGAL AGREEMENTS
Having these conversations is only the first step. Putting your agreements in writing is what ensures they’re enforceable. The cornerstone document for any business partnership is a shareholders’ agreement, supported by a suite of tailored commercial contracts.
HOW WE CAN HELP: BESPOKE LEGAL SUPPORT FOR GROWING BUSINESSES
You don’t need to navigate this process on your own. Our Commercial team, which has guided many businesses as they undertake these key considerations, understands that business owners need and expect far more than contracts and policies from their legal advisors
This article was written by Robyn Hey, Senior Contracts Manager in our Commercial team
We are thrilled to welcome Chris Gelber to the Commercial team on a permanent basis. Chris is a senior lawyer with over 30 years’ experience in the sector
Chris works in transactional commercial law and compliance and has been with Wright Hassall on a locum basis since July 2024. He has now joined the firm permanently as a Partner.
Chris has extensive expertise advising and acting for clients spanning the UK across a wide range of business sectors and activities, including financial services, investment banking, Formula 1 and other sports, FMCG retail, utilities, aviation, leisure and holidays, manufacturing and logistics
This experience includes having managed and grown the commercial legal team for a global investment bank for several years.
On 1 July 2025, the Government published a detailed roadmap for the Employment Rights Bill (“Bill”), a cornerstone of Labour’s “Make Work Pay” agenda. Introduced in October 2024, the Bill marks a significant shift in UK employment law, with phased reforms set to reshape workplace rights and responsibilities over the coming years. Below, we break down the roadmap’s key proposals, timelines, and what this means for employers and workers alike
WHAT IS THE EMPLOYMENT RIGHTS BILL?
The Employment Rights Bill is a legislative response to the evolving nature of work in the UK. Post-pandemic shifts in work location, hours, gig work and freelancing have left gaps in employment protections, prompting the Government to act within its first 100 days in office with the view of making the economy better fit to the needs and requirements of the working people.
Fundamentally, the Bill seeks to:
MODERNISE WORKPLACE RIGHTS
STRENGTHEN WORKER PROTECTIONS PROMOTE FAIR PAY AND FLEXIBILITY
After completing its time in the House of Commons (March 2025), the Bill is now at the Report Stage in the House of Lords. Royal Assent is expected in Autumn 2025. There have already been several amendments to the first draft of the Bill along the way, including from consultations undertaken by the Government, with further changes and clarifications expected as the Bill continues to progress
Whilst, therefore, full details of the Bill are still being finalised, the roadmap looks to outline several significant provisions that will be incorporated into this crucial piece of legislation and provide advance notification as to when these changes may occur.
WHAT DOES THE EMPLOYMENT RIGHTS BILL ROADMAP COVER?
The roadmap outlines a phased approach to implementing the Bill, detailing expected consultation periods and rollout dates of specific reforms. It provides stakeholders with a valuable opportunity to prepare in advance.
GOVERNMENT’S PHASED APPROACH
The Government has committed to a phased rollout for both:
Consultations on proposed reforms
Implementation of legislative changes
This strategy ensures broad engagement and helps employers adjust gradually to the new employment framework.
Key consultation phases
SUMMER/AUTUMN 2025
Reinstating School Support Staff Negotiating Body (SSSNB)
Adult Social Care Fair Pay Agreement
Day 1 protection from unfair dismissal
AUTUMN 2025
A package of trade union measures including electronic balloting and workplace balloting; simplifying trade union recognition processes; duty to inform workers of their right to join a trade union; and, right of access New rights and protections for trade union representatives will be covered by an ACAS Code of Practice consultation
Fire and rehire measures
Umbrella company regulation
Bereavement leave
Rights for pregnant workers
Ending exploitative use of Zero Hours Contracts
WINTER 2025/ EARLY 2026
A package of trade union measures including protection against detriments for taking industrial action and, blacklisting
Collective redundancy
Flexible working updates
Tightening tipping law
When will measures come into force?
AT ROYAL ASSENT (OR SOON AFTER)
Repeal of Strikes (Minimum Service Levels) Act 2023
Repeal of the great majority of the Trade Union Act 2016 (some provisions will be repealed via commencement order at a later date)
Removal of 10-year ballot requirement for political funds
Simplifying industrial action notices and industrial action ballot notices
Protection against dismissal for taking industrial action
APRIL 2026
Collective redundancy protective award – doubling the maximum period of the protective award
Day 1 Paternity and Unpaid Parental Leave
Whistleblowing protections
Establishment of Fair Work Agency
Statutory Sick Pay reforms – remove the Lower Earnings Limit and 3-day waiting period
Simplifying trade union recognition process
Workplace and electronic balloting
OCTOBER 2026
Fire and rehire
Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care
Negotiating Body
Procurement - two-tier code
Tightening tipping law
Duty to inform workers of their right to join a trade union
Strengthen trade unions' right of access
Requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees
Introducing an obligation on employers not to permit the harassment of their employees by third parties
New rights and protections for trade union reps
Employment tribunal time limits
Extending protections against detriments for taking industrial action
DECEMBER 2026
Mandatory Seafarers Charter
2027 (DATES TBC)
Gender pay gap and menopause action plans (introduced on a voluntary basis in April 2026)
Rights for pregnant workers
Introducing a power to enable regulations to specify steps that are to be regarded as “reasonable”, to determine whether an employer has taken all reasonable steps to prevent sexual harassment
Blacklisting
Industrial relations framework
Regulation of umbrella companies
Collective redundancy – collective consultation threshold
Flexible working
Bereavement leave
Ending the exploitative use of ZHCs and applying
Zero Hours Contracts measures to agency workers
‘Day 1’ right – protection from unfair dismissal
PREPARING FOR DAY 1 UNFAIR DISMISSAL RIGHTS
One of the most significant and debated changes is the introduction of unfair dismissal protections from day 1 of employment. Despite consultation beginning in late 2025, this measure isn’t expected to come into effect until 2027, giving employers around 18 months to prepare.
This delay offers employers valuable lead time to:
REVIEW INTERNAL HR POLICIES
REVISE PROBATION AND DISMISSAL PROCESSES
TRAIN MANAGERS AND HR TEAMS ON THE NEW LEGISLATIVE REQUIREMENTS
NEXT STEPS FOR EMPLOYERS
The roadmap signals a transformational shift in UK employment law. To stay ahead:
MONITOR ROADMAP DEVELOPMENTS
ENGAGE WITH CONSULTATIONS WHERE RELEVANT
STAY COMPLIANT WITH SUPPORT FROM HR/LEGAL TEAMS
As highlighted above, the Bill continues to see changes as it progresses through Parliament, the most recent suite of amendments being tabled on 7 July 2025 after release of the Government’s roadmap These propose some substantial amendments to the previous draft legislation, and it is, therefore, important that employers remain alert to ongoing developments and consider these alongside the recently published roadmap.
The Government has also promised further guidance for employers, trade unions and workers, allowing time for familiarisation ahead of each implementation stage
FINAL THOUGHTS
While not all provisions are final, the Employment Rights Bill represents a significant and long-term shift in how workplace rights are defined and protected in the UK. The roadmap offers clarity and structure, and employers should use this time to prepare accordingly.
Whether the reforms will “work for all” remains to be seen but proactive engagement now will place employers in the best possible position once changes take effect.
If you would like advice on how the Employment Rights Bill may impact your organisation, or support in preparing for its phased implementation, please get in touch with our team
Read the full Government roadmap: Implementing the Employment Rights Bill
Read the latest version of the Employment Rights Bill: Employment Rights Bill 7 July 2025
This article was written by Tina Chander, Partner and Head of Employment and Gemma Clark, Associate in our Employment team.
Given that it takes a minimum of six years to qualify as a solicitor, and most of those who qualify will specialise in a particular area of law, you may wonder why many then go on to study for further accreditation. The reason is simple – it is a mark of technical excellence, indicating good practice, adherence to high professional standards and depth of knowledge Within our private client team, we have several accredited lawyers in contentious probate (or wills disputes); wills, trust and tax; and family law. Here, we explain each accreditation and why it matters to you
STEP: THE SOCIETY OF TRUST AND ESTATE PRACTITIONERS
The STEP diploma takes a minimum of two years to achieve and is widely regarded as the gold standard in estate planning. It involves studying four modules covering trusts, tax and estate administration (including international elements). Lawyers who have successfully completed the Diploma must then have a minimum of two years’ mid to senior level experience to become a full member of STEP.
This rigorous process means that a STEP-qualified solicitor will tailor their advice to your specific circumstances, whether protecting a vulnerable family member, ringfencing specific assets for your children, or preserving family wealth for future generations. These areas often involve intricate legal and tax structures. A STEP-qualified solicitor ensures everything is correctly drafted, registered, and compliant with HMRC requirements. By using a STEP-qualified solicitor, you can have complete confidence in their experience and be assured that your wishes are carried out professionally and correctly.
Our STEP-accredited lawyers combine technical excellence with a commitment to clear communication and personal service.
ACTAPS: ASSOCIATION OF CONTENTIOUS TRUST AND PROBATE SPECIALISTS
We have seen this area of law grow significantly over the last few years, driven in part by the increase in the number of ‘blended’ families resulting from second and third marriages. Another growing area of practice for the team is the number of Inheritance Act 1975 claims against estates by family members and dependants who have not been reasonably provided for under the terms of someone’s Will.
The ACTAPS accreditation is the benchmark for specialists in this field It takes at least two years to become accredited, with five modules being studied. Full membership can only be achieved by demonstrating substantial experience of advising on contested wills and estate disputes We have one of the largest and most experienced contentious probate teams in the region, with four full ACTAPS members (Martin Oliver, Katie Alsop, Anna Sutcliffe and Gemma Carson) and a fifth lawyer (Charlotte Kahrman) currently studying for her ACTAPS accreditation Working with them, you can be confident that your claim will be properly assessed and managed from beginning to end.
RESOLUTION
Divorce is one of the most emotionally charged life events anyone can experience. Despite the change in the law towards ‘no-fault’ divorce, many couples who are separating find the whole process difficult and upsetting to navigate Resolution is a national organisation, originally founded to encourage family lawyers to adopt a non-confrontational approach to resolving issues between separating couples without having to involve the courts.
To become accredited, applicants must demonstrate thorough knowledge of substantive family law, proficiency in procedure and practice, and proven skill and experience in handling complex cases Applicants must complete two rigorous assessments within three years and, once accredited, are expected to follow Resolution’s Code of Practice and use the Guides to Good Practice to ensure that they adhere to the highest standards of professional conduct Karen Brennan, our Head of Family Law, is a Resolution-accredited lawyer and her mission is to adopt a constructive, empathetic approach, helping her clients to minimise conflict and achieve a better outcome for their family.
WHY ACCREDITATION MATTERS
Choosing a professionally accredited lawyer means you’ll be advised by an expert in their field, and one who is recognised as such by their peers In emotionally or financially sensitive areas of law such as wills, estates, or family matters, this reassurance is invaluable. You know that you will receive up to date advice tailored to your individual circumstances, clear communication and to an acknowledged professional standard
Please do not hesitate to get in touch with a member of our private client team if you would like to learn more about any of the accreditations mentioned or how we can support you
This article was written by Mark Shrimpton, Chief People Officer in our People team
You may be wondering if an executor can withhold money from a beneficiary, especially if it’s taking a long time for the estate to be handled. This can be extremely frustrating; however, the process can be time-consuming as the executor must follow the probate process correctly.
CAN AN EXECUTOR WITHHOLD MONEY FROM A BENEFICIARY?
In England and Wales, the normal process is that an estate will be ‘paid out’ to the executor and then the amount of the residuary estate is determined and distributed to the beneficiaries. Some considerations include:
Debts or liabilities of the deceased needing to be paid off - If the deceased had debts when they died these will become a liability of the estate. As a result, the estate assets will need to be used to pay these off. Likewise, the estate assets will be used to pay any postdeath liabilities that accrue such as income tax; estate administration costs, and funeral expenses.
The beneficiary's money is held in a trust until they reach a certain age - Trusts are often created for children or vulnerable people and are typically used to safeguard money or property until they turn 18 or 21. The trustee of the will trust will be responsible for managing the trust until the beneficiary can access it.
Inheritance tax needing to be paid on the estate - Inheritance tax doesn’t usually need paying if the estate is under the value of £325,000 and if you leave everything to your spouse, civil partner, a charity or a community amateur sports club If inheritance needs paying over the nil rate band allowance, the standard rate is 40%.
If a beneficiary cannot be found - If a beneficiary cannot be found, the executor can withhold their money or assets until they are found. The executor should try and trace the beneficiary using a tracing agent If the beneficiary cannot be found, it is possible to pay the monies into Court Another option to the executor is to pay the money into a separate bank account to ring-fence it. As a very last resort, the executor could redistribute the inheritance among all known beneficiaries providing they agree, in writing, to return part of the estate to the remaining beneficiary if they come forward –this is known as an indemnity.
Delays in the probate process - Probate is a fairly lengthy process anyway, with it taking between 6 months and a year when the process is clear-cut. However, this can be even longer, especially as all debts should be paid off before inheritance can be distributed to the beneficiaries.
If you’re an executor of a will and aren’t sure whether you should be withholding money from a beneficiary, contact us today for further support or advice
HOW LONG CAN AN EXECUTOR WITHHOLD MONEY FROM A BENEFICIARY?
While there isn’t a specific time frame for executors to have the ability to withhold money from a beneficiary, it isn’t unreasonable for them to take up to a year to deal with an estate, where it is straightforward
WHAT ARE THE CONSEQUENCES OF AN EXECUTOR WITHHOLDING MONEY FROM A BENEFICIARY?
There are a number of consequences to executors withholding money from a beneficiary, such as:
Financial consequences - If estate funds are mis-used, the Court will order that the executor pay the money back to the estate for it then then be distributed. If a beneficiary’s claim that a will ha been withheld is successful, there is a good chance of securing an order against the executor where they will need to pay then ben’s reasonable costs of the claim. This usually equates to roughly 60%.
Legal disputes - If a beneficiary feels as though they have been unlawfully denied their inheritance, they may take legal action, which can lengthen the probate process even further.
Broken relationships - If the executor and beneficiary are related, withholding money from the beneficiary could cause tension and frustration that can cause a breakdown in their relationship
WHAT TO DO IF AN EXECUTOR IS WITHHOLDING MONEY?
1.While it’s completely up to the executor whether they keep you up to date with how they’re managing the estate, it is a matter of good practice and you can approach them to ask for any updates or explanations for the delay
2.If the executor cannot give a good reason for the delay you can request that they provide an ‘account’ of the estate that tells you the assets and liabilities as well as the net estate.
3.If you still have received no update you can issue a claim to remove the executor and trustee from the will. You can also ask for an inventory and account of the estate at the same time, in the High Court. If appropriate, you can also ask the court to make an order against the executor/trustee if any misapplication of funds has taken place
For further help and advice regarding what to do if an executor is withholding money from a beneficiary, get in touch with our Contentious Probate Solicitors today.
This article was written by Katie Alsop, Partner in our Contentious Probate team
PLANET MARK
Wright Hassall has been presented with a prestigious sustainability certification after reducing its carbon footprint by more than 50 per cent in just two years.
Planet Mark is an internationally-recognised sustainability certification for organisations acknowledging continuous progress, encouraging action and committing to cut carbon emissions by a minimum of five per cent year-on-year.
Wright Hassall has taken steps to achieve significantly more than this target across two years of reporting data to Planet Mark, with the business reducing its carbon footprint by 15.3 per cent in year one, and a further 43.8 per cent in year two.
This has included moving to green electricity and investing in new fuel-efficient boilers which have substantially reduced the amount of gas and electricity used by the business, and reducing waste by encouraging recycling and the responsible use of electricity and heating across the business
At the forefront of the efforts was Wright Hassall’s ESG (Environmental, Social, and Governance) committee who meet regularly to report back on the progress being made and look at additional plans and initiatives.
Wright Hassall will now continue to look at improving its carbon footprint, and has already identified ways to reduce this by a further 10 per cent It is also set to expand its reporting to include suppliers’ carbon emissions
WHY USE LAWYERS TO DRAFT YOUR WILL?
Research undertaken on behalf of the Association of Lifetime Lawyers (ALL) has found that only 52% of Wills have been drafted by a solicitor, suggesting that the remainder have been created by the individuals themselves, using the back of an envelope, an offthe-shelf template, or very possibly with the help of AI. The ALL sees this rapid rise of AI as a particular danger, warning that using AI to draft a Will is likely to result in poorly drafted documents that risk excluding some people, including others erroneously, failing to meet legal requirements, and ultimately leading to more Will disputes
WHY IS PROFESSIONAL OVERSIGHT IMPORTANT?
A Will is an important legal document that allows you to decide how your estate (everything you own) will be distributed to your chosen beneficiaries and who will deal with that distribution Within your Will, you can also appoint guardians for any children under 18 and set up Trusts to protect your family financially, particularly those family members who are vulnerable. You can also use your Will to outline what you want to happen to your digital assets as well as detailing any funeral wishes
There are strict legal rules around the drafting and witnessing of Wills. If your Will has been incorrectly worded and / or witnessed it may be invalid/or bequests in your Will could fail This could result in your estate being distributed in accordance with the intestacy rules. The (non-negotiable) intestacy rules, which govern who benefits from the estate of someone who dies without a Will, are prescriptive. Spouses, civil partners and children are all first in line to inherit followed by other close relatives in descending order of blood relationship. In a further complication, a poorly drafted Will, even if legally valid, may well be contested by disappointed relatives after your death (and the dramatic increase in the number of inheritance disputes in the High Court over recent years bears witness to this)
Relying on a AI generated Will or an off-theshelf template also exposes you to duress from other family members who wish to direct how your assets should be distributed
A lawyer must establish that you have the mental capacity to make a Will and that you are doing so of your own free will. They will also ensure that it is correctly witnessed by two independent adults who are not beneficiaries to your Will.
SURELY AI IS SOPHISTICATED ENOUGH TO DEAL WITH A SIMPLE WILL?
The ALL tested various AI platforms, including ChatGPT, DeepSeek and Microsoft Copilot, to create a Will. While each were able to produce documents that looked like a Will and met the most basic requirements, they were confusingly constructed and demonstrated a poor grasp of legal requirements, a lack of understanding of the knock-on effect of key decisions, an absence of personalisation, and were inaccurately worded
This should worry, in particular, those people with more complicated family structures arising from second, or even third marriages, with both biological children and stepchildren to bring into the mix Equally important is the accurate drafting of a Will for those parents who have never married – there is no such thing as a common law marriage and a badly drafted Will could leave a partner with nothing. You can read more detail about this in our article on navigating inheritance in ‘blended’ families on our website
WHAT RECOURSE DO YOU HAVE FOR A POORLY DRAFTED WILL?
Using a solicitor not only minimises the risk of error and ensures that your wishes will be carried out correctly after your death but will also give you peace of mind as we are a regulated profession. This means that you are protected by the Solicitors Regulation Authority and the Legal Ombudsman in the unlikely event that the Will contains errors. There is no legal protection for you if you rely on AI to draft your Will or if you complete an off-the-shelf template incorrectly The same also applies to an unregulated will writer, of which there are many
The law governing Wills, inheritance, tax and Trusts can be complicated, and a solicitor can help you make informed decisions relevant to your individual circumstances. Even if you assume that your affairs are straightforward, there may be many factors you’ve not considered, and they almost certainly will not be correctly dealt with by either AI or a template Will
Examples include:
Inheritance Tax planning – minimising the 40% Inheritance Tax bill
Protecting minor children and vulnerable family members
Using Trusts to protect assets For example, a Trust can provide for your partner after your death while protecting assets for your children if your partner remarries
Dealing with your assets if you live abroad or own a holiday property or other assets in another jurisdiction
Transfer of any business assets
You may be tempted to take the easy, cheap way to leave instructions on how you want your assets to be distributed after your death That might suffice if you only have a few possessions and a bit of cash in the bank. But, for most people, taking this route is risky and the law of unintended consequences is more likely than not to prevail. Please do not hesitate to contact a member of our Private Client team and they will be delighted to explain the options to you.
This article was written by Richard Dundee, Partner in our Private Client team
INTRODUCING WRIGHT HASSALL’S TIKTOK
Did you know that we are on TikTok?
WH has had a TikTok account for some time now - but we have recently been adding a lot more content - with lawyers talking about pertinent issues in an easy to digest manner. TikTok videos are also only ever a few minutes long so they will give you concise and top level advice without taking up much of your time. We can assure you there aren't any lawyers dancing or attempting too crazy a trend! Why not give us a follow and keep up to date with the latest legal updates.
@wrighthassall
WHAT IS A PUBLIC RIGHT OF WAY (‘PROW’)?
A PROW is a path or route over which the public has a legally protected right to use regardless of who owns the land that it crosses.
TYPES OF PUBLIC RIGHT OF WAY
There are several types of PROW, the most common are:
Public footpaths – for use by pedestrians; Public bridleway – for use by pedestrians, horse riders and cyclists; and
Restricted byway – for use by all of the above and non-motorised vehicles.
PROWS are recorded by local authorities on a Definitive Map which shows the location and status of each PROW. Whilst the Definitive Map is evidence that a PROW existed, just because a PROW isn’t on the map is not evidence that it doesn’t exist.
For landowners, the network of public rights of way can be both a blessing and a curse. On the one hand, anything that encourages people to appreciate the countryside and our rural heritage is to be applauded but on the other, PROWs can be both inconvenient particularly where they traverse cultivated land and high maintenance.
HOW ARE PUBLIC RIGHTS OF WAY CREATED?
The majority of PROWs, chiefly footpaths and bridleways, are historic and are recorded on a Definitive Map held by the relevant local authority. However, new PROWs can be created in a number of ways:
by agreement with the local authority pursuant to Section 25 of the Highways Act 1980; by order of a public authority pursuant to Section 26 of the Highways Act 1980. This can be done without landowner consent if the order is in the public interest; or by a third-party application based upon a presumed dedication pursuant to Section 31 of the Highways Act 1980 Presumed dedication arises when a path has been used for an uninterrupted period of at least 20 years without secrecy or force and without the permission of the landowner.
WHAT ARE A LANDOWNER’S RESPONSIBILITIES RE A PROW?
If you own or occupy land with a PROW over it, you are required to keep it clear from obstructions This includes, not blocking the route with any permanent or temporary fences, walls or hedgerows or other obstacles. You must also ensure vegetation does not encroach onto the path. It is a criminal offence to wilfully obstruct a PROW. If found guilty, it can lead to being imprisoned for a term not exceeding 51 weeks or a fine, or both
HOW
DO I PREVENT NEW PUBLIC RIGHTS OF WAY BEING CREATED?
Landowners can take pre-emptive steps to reduce the risk of new rights being established by presumed dedication. Such steps may include:
Erecting notices clearly indicating the land is private and there is no public access to deny the ‘as of right’ argument
Erect physical barriers such as a fence. Challenge any unauthorised use of the land.
Fencing is an expensive and often impractical way to prevent trespass, and signage can be rendered useless if regularly removed by proactive members of the public and you can only challenge use that is seen. The best protection available is that afforded by Section 31(6) of the Highways Act 1980, this sets a legal safeguard preventing public use turning into a PROW.
The landowner will deposit with the appropriate council a map of the land and a statement indicating what ways, if any, over the land they acknowledge have been dedicated as PROWs. It will further declare that no additional rights of way other than those identified have been dedicated. The declaration would need to be renewed every 20 years to protect the land.
Changes made by Section 13 of the Growth and Infrastructure Act 2013 require the declaration and map to be submitted in a prescribed form and allows for the appropriate council to determine the fee payable for the application It is important to note that a declaration made does not act retrospectively. This means that if it is shown that the path has been used for a period of 20 year prior to the declaration being made then it can still constitute a PROW.
The Council has a duty to keep a register of maps, statements and declarations lodged under Section 31(6) and to publicise applications under these provisions.
CAN A PROW BE AMENDED OR REMOVED?
In short yes, a PROW can either be stopped up meaning the route or part of it is extinguished so there is no longer a public right to use it or, it can be diverted meaning the route is amended so the old alignment is stopped up and moved to a different alignment There may be many different reasons why a PROW needs to be stopped up or diverted for example:
It interferes with proposed development – the PROW might block or interfere with planned development projects and adjusting its route or extinguishing it will enable the development to proceed.
A path is no longer utilised – a path that is rarely or never used may be a candidate for extinguishment.
The current route is obstructed – if the PROW is blocked or impassable due to natural or manmade obstructions an application could be made to divert or extinguish it.
Restricting use of land – a PROW may hinder or restrict the use of land such as preventing agricultural operations Therefore, a more suitable location may need to be considered
It should be noted that stopping up of a PROW does not affect private rights and you should check these carefully. We look at the different scenarios below in more detail
Stopping up or diversion of a PROW to enable development under Section 257 of the Town and Country Planning Act 1990
If the PROW is interfering with development that has been granted planning permission, Section 257 of the Town and Country Planning Act 1990 can be used to stop up or divert it to enable development to take place. This section can also be used if a planning application has been submitted. If however the development concerned has been substantially completed, the ability to apply under Section 257 is lost. That doesn’t mean the development cannot be started at all. There are alternative orders that may be sought under Section 118 or 119 of the Highway Act 1980 (we explore those in more detail below)
Just because a PROW interferes with development isn’t a guarantee that the stopping up or diversion order will be granted. The power is a discretionary one and the authority making the order must be satisfied that is necessary to enable the development to be carried out in line with a granted planning permission.
Public path diversion orders under Section 119 of the Highways Act 1980
Under Section 119 of the Highways Act 1980 (the ‘Act’) a landowner can apply to divert a public path, provided certain criteria are met. Generally, the authority will only grant the order if the diverted route is not substantially less convenient to the public and where the point of termination of the path or way is not altered other than to another point on the same highway.
There is a set procedure which must be followed to apply for a public path diversion order, this includes obtaining an application form from the relevant authority, submitting the completed application alongside a map setting out the current and proposed paths and written agreement of any persons who own or are tenants of the land concerned. The applicant should consider the potential costs before applying, these could include the costs involved in diverting the public path route, the authority’s costs for making the order and any potential compensation which may be due to any owner or tenant for the loss caused by the diversion.
Public path extinguishment orders under Section 118 of the Highways Act 1980
Where a public path is no longer in use and is not required the landowner can apply to have a public path extinguished under Section 118 of the Highways Act 1980. The landowner should complete the relevant application form which should be obtained from the order-making authority and submitted along with a map showing the existing public path.
The authority will only grant an order where they consider it expedient considering how much the path is utilised by the public and the effect the order may have on any land served by the path.
WHEN DO THE ABOVE ORDERS COME INTO EFFECT?
Once an order under the above powers is made, that is not the end of the process, the order must be published by way of an advert in the local paper, notices must be displayed at each end of the footpath in question and must be served on the relevant parties.
There then follows a period within which persons can object to the making of the relevant order. If there are no objections the order can be confirmed by the authority However, if objections are raised and are not overcome, the confirmation may shift to the Secretary of State. The Secretary of State will then appoint an inspector who will deal with the matter by holding an inquiry, hearing or deal with the matter via written representations
An order will not be effective until it has been confirmed. Once confirmed the order is to then be published in similar terms to publicity requirements of the made order. Further, the Definitive Map must be amended to reflect the changes
Whatever section is utilised to amend or remove a PROW, it can be a long process. If you consider you need to make changes, for example to enable your development to proceed, you should look to obtain advice and make an application early In our experience, there are substantial delay in Councils processing these applications or applicants mistakenly leaving the application until the development is complete.
If you have any queries about Public Rights of Way over land or need any assistance in submitting any of the above applications, please do get in touch with our Planning team
This article was written by Rebecca Mushing, Senior Associate and Head of Planning and Gemma Macintyre, Solicitor in our Planning team
Nathan Talbott, Head of Commercial Litigation, and specialising in complex financial, tax and corporate disputes, dissects the recent report by the Committee of Public Accounts on the state of our tax system, and shares his thoughts on what HMRC needs to do to rebuild public trust
The House of Commons Public Accounts Committee (PAC) made six recommendations in its recent report, The cost of the tax system Given that the PAC Chair described HM Revenue and Customs as ‘a lumbering dinosaur’, for those of us who regularly deal with HMRC it is unsurprising that many of these focus on service delivery and customer engagement. At their heart, the recommendations reiterate what has always been an issue between HMRC and taxpayers, the erosion of mutual trust
The PAC urges HMRC to address this by taking advantage of innovative technology, including artificial intelligence (AI). Many clients have lost trust in HMRC because of difficult experiences. Despite a well-established litigation and settlement strategy, all too often interactions with HMRC depend on the officer dealing with the matter. Improved technology may help to repair trust, but not if AI reduces quality human interactions in complex cases.
TRUST IN HMRC: A LEGACY PROBLEM
For some time, the perception of taxpayers we represent has been that there is one rule for the rich, and another for everyone else Put another way, if you have enough money and the desire to, you can avoid paying your fair share That has not been helped by some of the well-publicised
‘sweetheart’ deals HMRC agreed with big businesses from the mid-2010s onwards By contrast, over the same period, various smaller companies and individuals were exposed to heavy-handed treatment by HMRC because of new tax laws, such as the loan charge, introduced in 2016 to tackle abusive disguised remuneration schemes This aggressive behaviour compounded negative perceptions, especially where individuals had no way to settle their liabilities and threats could lead to bankruptcy. Although the loan charge has already been subject to two independent reviews and significantly watered down, there remain unresolved concerns The government launched the Loan Charge Review in January 2025, and its final report is due in summer 2025.
Since Covid-19, HMRC’s efficiency has worsened Despite increased costs, lower service levels have reinforced taxpayers’ and agents’ perceptions. It is now common to hear nothing from HMRC for 12 months or more, despite chasing. That is difficult to explain to clients who have concern and uncertainty hanging over them
TRUST: ASPIRATIONS VS REALITY
HMRC’s task is incredibly difficult It is reductive to glibly say that policy should be simplified, and then everything will be fine However, compared to other tax authorities, it appears that HMRC has not yet found the right approach. Changing work patterns after Covid-19 and the new priorities of successive governments have challenged HMRC, and it is unsurprising that service levels have gone backwards
HMRC’s attempts at modernisation have floundered As the PAC’s report highlighted, HMRC’s 2020 Tax Administration Strategy setting out how it would build a modern, trusted tax administration system by 2030 has so far resulted in falling performance Its Making Tax Digital (MTD) programme is generating added tax revenue but is also imposing additional administrative costs on taxpayers The criticism is that HMRC did not engage with taxpayers and agents to understand this burden
Trust will only be renewed if taxpayers feel HMRC appreciate their interests and give them priority.
WILL INCREASED USE OF AI HELP?
The government’s recently published Blueprint for Modern Digital Government envisages harnessing the power of AI for the public good. But it sees AI as a tool for spotting patterns and processing information Used in this way, AI may be a significant help to HMRC, for example, pre-populating returns and using einvoicing, already standard practice in other jurisdictions. But the blueprint acknowledges that ‘even as they become more digital, services will be human too’ AI should help HMRC employees so that they have more opportunities to improve the services for taxpayers where human interactions matter most.
APPRECIATE THE HUMAN STORY
Taxpayers who deal with HMRC entirely through computers generally have decreasing trust in the tax authority. Receiving a negative response from a computer in such complex and important situations cannot be the default position Investing in high-quality human interactions to run alongside enhanced technology should provide better customer service. In such an environment, HMRC will be more likely to rebuild public trust and satisfaction.
A version of this article was first published in the Solicitors Journal on Thursday 22 May 2025.
This article was written by Nathan Talbott, Partner and Head of Commercial Litigation
In acting for both lenders and borrowers, we’ve seen that borrowers are more often reaching the end of their loan terms without having secured new finance or completed necessary property sales. If you find yourself in this position, it’s crucial to understand your options for varying or extending your loan terms and how a real estate finance lawyer can help you navigate this process.
WHY MIGHT YOU NEED TO VARY OR EXTEND YOUR LOAN TERMS?
There are several reasons why borrowers may need to seek an extension or variation of their loan terms, including:
Delays in refinancing: New finance may not be in place by the original loan maturity date The refinance process can take longer than you think, or are promised by a new lender or broker, particularly if there are pending applications at the Land Registry clogging your title.
Pending property sales: Sales may be delayed due to market conditions or buyer issues.
Unexpected market changes: Economic shifts can impact your ability to repay or refinance on schedule.
WHAT ARE YOUR OPTIONS AS A BORROWER?
If you are approaching the end of your loan term without a clear exit strategy, or if your agreed exit strategy is delayed, you should consider the following options:
Requesting a loan extension
Many lenders are open to extending loan terms, especially if you have a good payment history and a clear plan for repayment. An extension can provide the breathing room needed to finalise refinancing or complete property sales.
Varying loan terms
You may be able to negotiate changes to your loan agreement, such as:
Adjusting repayment schedules
Modifying interest rates
Adding or removing security
Agreeing to partial repayments or staged sales
Bridge finance
If your lender is unwilling to extend, you may need to seek short-term bridge finance to cover the gap until your new finance or sale completes
HOW TO APPROACH YOUR LENDER
When seeking to vary or extend your loan terms, preparation is key
Understand your obligations
Check your loan agreement so you know the repayment date, default provisions and any higher interest rates that may be imposed for late payment If you are unsure of the terms, contact our team who can review the agreement and the security you provided
Communicate early
Contact your lender as soon as you anticipate a problem.
Present a clear plan
Show how and when you expect to repay the loan. Your lender will expect accurate details of any pending sales (with evidence of offers, exchanged contracts and so on) and timescales for the conclusion of any development work. If your exit route is a refinance, the lender will want to see proof of an offer
Demonstrate commitment
Highlight your payment history and steps taken to resolve the situation. Whilst there is no guarantee a lender will accept a proposal for variation, an early approach will help you to understand your next steps, such as finding an alternative lender
LEGAL CONSIDERATIONS AND RISKS
Varying or extending loan terms is not without risk or cost.
Key issues to consider include:
FEES AND COSTS: LENDERS MAY CHARGE EXTENSION OR VARIATION FEES, AND LEGAL FEES FOR PREPARATION OF VARIATION AGREEMENTS.
CHANGES TO SECURITY: LENDERS MAY REQUIRE ADDITIONAL SECURITY OR GUARANTEES.
DEFAULT RISK: FAILING TO AGREE NEW TERMS COULD RESULT IN DEFAULT AND ENFORCEMENT ACTION.
HOW A REAL ESTATE FINANCE LAWYER CAN HELP
A specialist real estate finance lawyer can:
Review your loan agreement and advise on your rights and obligations
Help to negotiate with your lender
Draft and review variation or extension documents
Protect your interests and reduce the immediate risk of default or enforcement
CONCLUSION
If your loan term is approaching its end without new finance or completed sales in place, it’s important to act early. Timely legal guidance can help you explore your options and avoid unnecessary complications Contact one of our team today to discuss your options for varying or extending your loan terms and safeguarding your property interests
Stay in touch!
Did you know that we issue other regular newsletters?
We send out four additional newsletters that may be of interest:
Law & Life from our Private Client Group
Law & Real Estate from our Real Estate Group Law & Business from our Business Group Law & Land by our Agriculture Team
01926 884687 enquiries@wrighthassall.co.uk
www wrighthassall co uk
If you would like to subscribe to any of the above, please contact us
The information provided in these articles are provided for general information purposes only, and does not provide definitive advice It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here Definitive advice can only be given with full knowledge of all relevant facts If you need such advice please contact a member of our professional staff The information published is correct at the time of going to press
This article was written by Lucie Byron, Partner and Head of Real Estate Finance