Author: pwwsolicitors

The Renter’s Rights Act 2025 (the Act) is a significant piece of legislation and introduces substantial changes for the tenants in the rental sector. It also has far reaching consequences for individual landlords and the legal framework within which they must now operate. In this article, we examine these changes from a private landlord’s perspective.

Key changes

The following are some of the key changes following implementation of the Act. From 1 May 2026:

• All existing Assured Shorthold Tenancies (ASTs) are now automatically converted to Assured Periodic Tenancies (APTs). While ASTs had fixed terms, all APTs are on a rolling monthly basis so there is no fixed end date.
• Break clauses in current tenancies are now null and void.
• ‘No fault’ evictions (the old Section 21 procedure) are now prohibited.

Landlords do not need to issue any new tenancies, as all existing ASTs are automatically converted from 1 May 2026. However, landlords must provide tenants with the Government published ‘The Renters Rights Act Information Sheet 2026’ by no later than 31 May 2026. Failure to comply can result in financial penalties or alternative enforcements.

Possession and Eviction 

The key changes implemented by the Act include:

• The Section 21 eviction process has been abolished for both new and existing tenancies from 1 May 2026.
• If a valid Section 21 notice has been served to the tenant before 1 May 2026, landlords may still be able to start possession proceedings, provided that court proceedings are issued on or before 31 July 2026. This period is referred to as the ‘transition period’ which allows landlords with existing Section 21 notices to proceed under the previous regime for a limited time.

To regain possession, landlords must now rely on more specific grounds for possession under Section 8 of the Housing Act 1988 which include:-

• Intention to sell the property or move back into it. However, landlords should note that this ground cannot be relied upon during the first twelve months of a tenancy. In addition, a four-month notice period must be given before possession proceedings can be commenced.
• Serious rent arrears. Landlords may also seek possession under the serious rent arrears ground. However, it is important to be aware that the threshold for mandatory possession has increased from two months’ arrears to three months’ arrears, making it more difficult to rely on this ground than under the previous regime.

Rent and Tenant Requests

The Act has introduced stricter rules for landlords to manage rent and requests from tenants. These include:-

• Restrictions on rent increases. Landlords can no longer rely on rent review clauses in existing tenancy agreements to increase rent. Instead, rent can only be increased once every twelve months by serving a Section 13 notice, and tenants must be given at least two months’ notice of the proposed increase.
• Requests to keep pets. Tenants now have a legal right to request permission to keep a pet. Landlords must not refuse unreasonably, suggesting this is determined on a case-by-case basis.
• Tenant notice to end a tenancy. Tenants can end their tenancy at any time by giving their landlord two months’ notice.

Exceptions

There are some exceptions to the new legislation which are as follows:

• Where the landlord occupies the same property as the lodger. Lodger arrangements generally fall outside the scope of the new tenancy provisions.
• Company lets and high value tenancies, where the annual rent is over £100,000.
• Certain long-term tenancies (between seven and twenty-one years) granted before the implementation of the Act or excluded by the transition period.

It is important that landlords are prepared for each phase of the Act well in advance and understand the actions they may need to take in response to its various provisions. Taking a proactive approach will help ensure compliance with the new requirements and reduce the risk of disputes or unexpected difficulties as the changes are implemented.

Our experienced Property department are here to help, please do not hesitate to contact us.

This publication is for general information only and does not seek to give you legal advice or to be taken as exhaustive statement of law. Specific advice should always be sought for individual cases.

On 23 December 2025, the Government announced significant revisions to its proposed reforms to Agricultural Property Relief (APR) and Business Property Relief (BPR) for inheritance tax (IHT). These changes represent a notable shift from earlier proposals and will be particularly relevant for family businesses and farming enterprises planning for succession.

A More Generous Relief Threshold

From 6 April 2026, the full 100% relief available under APR and BPR will apply to qualifying assets up to a value of £2.5 million per individual. This is a substantial increase from the £1 million threshold proposed earlier in 2025.

As with other IHT allowances, any unused relief can be transferred between spouses and civil partners. This means that, in practice, couples may benefit from up to £5 million of qualifying agricultural or business assets being passed on free from IHT at 100% relief. Assets exceeding this threshold will continue to benefit from 50% relief.

What Has Changed – and What Remains the Same

The Government’s revised position softens the impact of the earlier proposals, reducing the number of estates affected and easing pressure on owner-managed businesses and family farms. The changes will be implemented through amendments to the Finance Bill 2025–26.

Importantly, several aspects of the wider IHT regime remain unchanged:

• The nil rate band (£325,000) and residence nil rate band (£175,000) are frozen until the 2030–31 tax year.
• The residence nil rate band will continue to taper for estates exceeding £2 million.
• These thresholds remain available alongside APR and BPR and can be used in addition to the new £2.5 million relief allowance.

In January 2026, the House of Lords Economic Affairs Committee recommended extending the deadline for paying IHT from six to twelve months after death. While this has not yet been adopted, such a change would provide welcome flexibility for estates facing liquidity challenges.

Other elements of the reform package remain in place, including:

• Extending the option to pay IHT in equal annual instalments over ten years (interest-free) to all APR/BPR-eligible property.
• Reducing BPR from 100% to 50% for certain shares traded on recognised stock exchanges but classified as “not listed.”
• No change to the treatment of AIM shares.

What This Means for Family Businesses

The increase in the 100% relief threshold to £2.5 million per individual represents a meaningful improvement for many family-owned businesses and farms. In many cases, this will mean that a larger proportion—or even the entirety—of qualifying trading assets will fall within the full relief band.

This reduces exposure to IHT at the standard 40% rate and enhances the prospects for efficient intergenerational succession.

However, eligibility for APR and BPR remains highly fact-specific. Relief depends on:

• The nature of the business (it must be genuinely trading rather than primarily investment-based),
• The type of assets held (such as shares in unquoted trading companies), and
• The relevant ownership periods.

Particular attention should be paid to shareholdings in companies admitted to trading on recognised exchanges but designated as “not listed,” as these will only qualify for 50% BPR under the new rules.

Practical Steps to Consider

In light of these developments, business owners and landowners should consider taking the following steps:

• Review estate values against the new £2.5 million threshold (or £5 million for couples) to understand how much will qualify for full relief.
• Update wills to ensure assets pass in a tax-efficient manner and that available reliefs are fully utilised.
• Assess business structures and shareholdings, particularly where “not listed” shares are involved, to determine whether restructuring may be appropriate.
• Plan for liquidity, recognising that some IHT liability may still arise. The extended ten-year instalment option can assist with cash flow management.
• Consider timing, as the new regime applies only to deaths occurring on or after 6 April 2026.

In Summary

The Government’s revised approach provides increased protection from IHT for qualifying agricultural and business assets, with up to £2.5 million per person eligible for 100% relief and 50% relief available beyond that threshold.

While the broader IHT framework remains unchanged, these reforms offer greater flexibility and opportunity for effective succession planning. As ever, the precise outcome will depend on individual circumstances, and tailored professional advice is essential.

If you would like advice on any of the points raised in this article, please do not hesitate to contact our Private Client department today.

A recent High Court case involving an unclaimed estate worth more than £2 million shows how inheritance disputes can arise when someone dies without making a Will. The case involved distant relatives being tracked down by heir hunters.  The case highlights the role of the court in deciding who is legally entitled to inherit and how the evidence is assessed when family histories are unclear and conclusive DNA is absent.

The estate belonged to a man, named McDonald Noel who was born in Trinidad and died in London without a spouse, children or a valid Will. Under English law, when someone dies in these circumstances, their estate must be distributed according to the rules of intestacy. These rules set out the order of inheritance among surviving relatives. If no eligible relatives can be found, the estate passes to the Crown.

At first, no clear heirs were identified. As a result, heir hunters were instructed to investigate the family background and trace any living blood relatives. Their work uncovered a complicated family tree involving relationships that dated back many decades and crossed international borders.

As the investigation progressed, several relatives came forward, each claiming to be entitled to inherit the fortune. The competing claims were based on different alleged family connections through earlier generations.

The claims could not be resolved informally; therefore, the matter was referred to the High Court. The court was asked to conduct what is known as a “kin enquiry”. This is a legal process used to determine who a deceased person’s lawful relatives are when entitlement to an estate is disputed.

The court’s task was to decide who was legally entitled to the inheritance under the intestacy rules. So, the judge had to assess the evidence and decide, on the balance of probabilities, which family connections were proven to be true. The balance of probabilities is the standard of proof used in civil litigation to decide whether a fact is more likely to be true than not true.

One of the challenges in the case was the lack of DNA evidence. In some inheritance disputes, DNA testing can be used to confirm biological relationships. In this case, that option was not available. As a result, the court had to rely on historical documents and other evidence.

The other evidence included birth certificates, marriage records, travel documents, addresses and timelines showing whether individuals were likely to have been in the same place at the same time. The judge examined whether the documentary evidence supported the existence of family relationships claimed by each party.

Not all claims were successful. Some were rejected because the evidence was insufficient or inconsistent. The court made clear that suspicion, family belief or assumption was not enough. Each claim had to be supported by reliable evidence.

Ultimately, the court accepted that only certain family lines had been sufficiently proven on the balance of probabilities. Those claimants were found to be the closest surviving relatives under the intestacy rules. As a result, they were entitled to inherit the estate whilst other claimants were excluded from the distribution.

The decision meant that the estate would be divided between the successful claimants rather than passing to the Crown.

This case illustrates how inheritance disputes can become complex and costly when no Will is in place. Without clear instructions from the deceased, the law applies restricted rules that may lead to outcomes that the deceased never would have wished nor intended.

From a litigation perspective, the case demonstrates the importance of evidence in contested probate and intestacy claims. Courts will examine documents and timelines to make a sound decision. Where records are old or insufficient, the outcome may depend on which party can present the strongest case.

The case also highlights the role of heir hunters in inheritance disputes. While their work can help identify lawful heirs, it can potentially lead to challenging claims that require the Court’s analysis to determine an equitable and just outcome.

For individuals, the case is as a reminder of the importance of making a valid Will. A properly drafted Will can prevent uncertainty, reduce the risk of disputes and ensure that an estate is distributed in accordance with the personal wishes of an individual rather than strict intestacy rules.

If you would like help or advice on any of the points raised in this article please do not hesitate to contact our Dispute Resolution department today. 

Private Client

Following the newly released Budget by the Chancellor in November, among several of her new fiscal policies is a series of updates to the Private Client sector. These current and future government implementations are expected to impact clients in this legal practice area through changes ranging from capital gains tax and inheritance tax to Cash ISAs.

Starting off with the capital gains tax (CGT) changes:

• There has been a reduction in relief on qualifying disposals to employee ownership trusts (EOTs) from 100% to 50%
• Incorporation relief will no longer be automated and will need to be actively claimed from April 2026; and
• Anti-avoidance rules for CGT and corporation tax on certain share exchanges and company reconstructions have been tightened following the Budget.

With regard to inheritance tax:

• Relief will be frozen another year, now until 2031. This will apply to the inheritance nil-rate band of £325,000, the resident nil-rate band of £175,000 and the combined £1 million allowance for the 100% rate of agricultural property relief and business property relief.
• The latter £1 million allowance will now be transferable between spouses or civil partners.
• Charges for inheritance tax relevant property trusts will be capped at £5 million for historic trusts settled by former non-domiciled individuals from April 2026.

Other notable changes are:

• Cash ISA allowances are also being lowered from April 2027. For people aged under sixty-five this will reduce from £20,000 to £12,000, with the overall ISA allowance remaining at £20,000.
• The rate of tax on dividend income will increase from 8.75% to 10.75% for basic rate taxpayers and from 33.75% to 35.75% for higher rate taxpayers from 6 April 2026.
• Finally, in terms of new London Stock Exchange listings, the government has agreed there will be a three-year exemption from the 0.5% Stamp Duty Reserve Tax (SDRT) for transfers of securities of companies whose shares are newly listed.

At PWW we have over two hundred years of experience in the private client sector and can offer independent and specialist advice to those looking to navigate not only the latest updates following the Budget but those needing guidance on the wide array of matters relating to private client.

Our Partners; Katrina Jackson and Ian Bowyer who specialise in these matters are highly experienced individuals and keen to help with issues or queries you may have in this area of legal practice.

Residential Property

Amongst the Chancellor’s many new policies, one of the greatest implications of the budget for the housing and property sector is the new mansion tax.

• The Chancellor introduced this high value council tax, which will come into effect in April 2028, for properties over the value of £2 million. This government policy details the plans to apply a four-band council tax surcharge to properties ranging from £2 million to the top band, £5 million.
• These high value properties will be required to pay between £2,500 to £7,500 a year in added tax, equating to roughly £400 million annually according to the Office for Budget Responsibility. Properties will be assessed based on 2026 valuations provided by the government’s Valuations Office Agency. The current council tax system is based on the values of properties in 1991. While council tax bands are not going to change, the government will look at properties in the three highest bands of F, G, and H to see if they are valued above £2m.

The Chancellor also included in her budget restrictions to cash ISA allowances.

• This change will limit people’s annual tax-free savings from £20,000 to £12,000 a year as the government looks to encourage people to invest their money in stocks and shares to help boost growth.
• The government are also looking at plans to phase out the lifetime ISA which will likely impact first time buyers looking to save their earnings towards purchasing their first property.

As aspirational first-time buyers feel the impacts of the new ISA changes, they will likely not be the only homeowners to notice the changes.

With the rise in tax comes a higher financial burden on landlords and in turn, renters.

• The basic, higher, and additional rates on savings UK-wide, and property income in England, Wales and Northern Ireland, will increase by two percentage points (to 22%, 42%, and 47% respectively) from 6 April 2027.

These increases on both landlords and tenants will likely push up prices in the private rental sector as landlords look to offset increased losses and conversely renters find it harder to get onto the first rung of the property ladder.

Commercial Property

The government’s stance on commercial property, particularly high street businesses, in the Budget was one of preserving and supporting the industry. Providing relief for retail, hospitality and leisure (RHL) properties below the rateable value of £500,000 was a main headline for businesses in the Budget.

• The tax rate for small RHL properties will be the lowest since 1990/91, falling by nearly 12p next year.
• The tax rate for all other RHL properties below £500k will be the lowest since 2010/11, representing a 12.5p tax rate cut next year.
• About 750,000 properties will benefit from these discounts.
• This cut in tax will be paid for by levying higher rates on the top one per cent of the most valuable properties e.g. large distribution warehouses used by online retailers, who will pay around £100 million more in 2026/27, with this going directly to lower bills for in-person retail.

Many small and medium sized business (SMEs) owners feel some satisfaction from these drops in rates. However, many larger companies, particularly those with a large online presence or a portfolio of higher rateable value RHL properties are concerned that the increase in rates will financially overburden them at an already tough time for the industry.

The hope is that SMEs in particular will be able to drive an increase in commercial property transactions as either they expand or new players enter the sector with greater ease than in previous years. Conversely, the larger companies may well begin to divest themselves of some of the more valuable properties in their respective portfolios so more offerings to the commercial market in 2026.

For consumers, this may mean a greater variety and choice in SME level RHL businesses, opening the door to more independent retailers and the growth of other SMEs. It may also mean a “shortening of the chain” for some of the larger RHL conglomerates.

PWW has an expanding property department acting in both the residential and commercial property sectors for individuals and organisations in the private, public and charitable sectors. Christopher Perkins, a Next Generation Partner in the Legal 500, heads up the department, benefitting from the excellent wisdom and guidance of recently retired partner, now consultant, Alexa Beale.

Who can step in to administer your estate in the event of the death or incapacity of the Executor(s) is dependent on what stage the probate process has reached when your executor passes away or becomes incapacitated and if there are any surviving executors.

What happens if an executor passes away or becomes incapacitated before probate is granted?

If your executor survives you but passes away, or becomes incapacitated and cannot act, before obtaining a grant of probate, then their right of executorship dies with them.  What happens next depends on your Will.

• If your Will appoints several executors, the remaining executors continue in their role as executor and carry on the administration of your estate.
• If your Will appoints a substitute executor(s), they will step-up and assume the role as executor of your estate.
• If there are no co-executor(s) or substitute executor(s) named in your Will, then the Non-Contentious Probate Rules 1987 (NCPR 1987) applies. In most cases, your residuary beneficiaries become entitled to apply for ‘Letters of Administration with Will annexed’ and assume the role as personal representatives of your estate. If your sole or last surviving executor has appointed an Attorney under a Lasting or Enduring Power of Attorney, that Attorney can choose to act as the personal representative and administer your estate on behalf of your executor.

What happens if an executor passes away or becomes incapacitated after probate is granted?

If your executor has taken out a grant, this is where things can become a little more complex. Again, what happens is dependent on your Will, and it can even become dependent on your executors Will.

• If your Will has appointed several executors, one of your executors passes away or becomes incapacitated after taking out a grant, and the estate administration is incomplete, then again it is the surviving executors named on the grant who continue to act in the administration of that estate. (It is important to note that if your Will names a substitute executor(s), they cannot step in to act where a grant of probate has already been taken out).
• If your sole or last surviving executor loses capacity after the Grant of Probate has been issued, a new personal representative is established in accordance with the NCPR 1987. The original Grant naming your incapacitated executor is not revoked, but the new personal representative will have to apply for a new Grant of Probate, with power reserved to the incapacitated executor. They will then have the authority to administer your estate.
• If your sole or last surviving executor passes away, this is where their own Will may become relevant. Section 7(1) of the Administration of Estates Act 1925 provides that the executor of your sole or last surviving executor becomes the executor of your estate. This is known as the chain of representation. Where it applies, the chain of representation is automatic, and no further grant is needed for the successive executor(s) to complete the administration of the earlier estate(s)

What breaks the Chain of Representation?

The chain of representation is broken where there is no succession of executors, such as:

• If your sole or last surviving executor did not leave a Will. The chain of representation can only pass from proving executor to proving executor. Therefore, there is no chain of representation where an individual dies intestate and a grant of letters of administration is taken out by an administrator.
• If your executor leaves a Will, but their executor passes away before obtaining a Grant of Probate.

Where the chain is broken, a new Personal Representative is again established in accordance with the NCPR 1987. Your new Personal Representative will need to apply for what is called a Grant de Bonis Non Administratis (or “Grant of goods not yet administered”).

If you would like help or advice on any of the points raised in this article please please do not hesitate to contact our Private Client department today. 

There are over 150,000 sports clubs in the UK, each promoting new experiences and participation in a huge range of amateur sports. These clubs provide fantastic opportunities for adults, children and young people to exercise, socialise and have fun! Sports clubs also play a vital role in local communities, providing spaces for celebrations, life events and community fundraisers.

Structure & Governance

All sports clubs should be aware of their governing documents and legal structures. The most common types of structure adopted by sports clubs are:

• Unincorporated Associations;
• Trusts; and
• Companies limited by guarantee.

Unincorporated Associations – these sports clubs will typically be governed by a constitution or club rules with a small group of trustees and a wider voting membership.

Trusts – historic sports clubs were often established as trusts. These clubs will be governed by a trust deed or declaration of trust which can sometimes form part of a Will or conveyance of land. These organisations also have a small board of trustees and, usually, a wider membership with voting rights.

Companies – in more recent years, sports clubs have been established as companies limited by guarantee (CLG) or Community Interest Companies (CICs). These organisations are governed by Articles of Association and will be run by a board of directors.

Other – some clubs may have more than one type of structure within their group, for example, there may be a trust over a cricket ground and a CLG which operates the pavilion bar. It is important that trustees and members of these sports clubs are aware of their club’s structure and governing documents. If you are unsure about your club’s structure or would like to make changes to your governing document, please get in touch with us.

Status

Most sports clubs operate as not-for-profit organisations, re-investing any profits made into the club and its facilities.

Some sports clubs are registered as charities with the Charity Commission for England and Wales (the ‘Commission’) for the charitable purpose of the ‘advancement of amateur sport’. These clubs are then eligible for all of the benefits associated with being a registered charity (e.g. charitable business rates relief, VAT relief, eligibility for grant funding, gift aid etc). However, they are also required to comply with the regulator’s requirements, submitting annual returns and accounts to the Commission and abiding by rules governing trustees and charitable organisations.

Some sports clubs are registered with HMRC as Community Amateur Sports Clubs (CASCs). These organisations benefit from some of the tax reliefs available to charities (e.g. gift aid, inheritance tax relief, business rate relief etc) but are not required to register with the Commission or comply with its regulatory requirements. CASCs may be required to submit  tax returns to HMRC. It is not possible for a sports club to be registered as a CASC and as a charity in the UK.

Sports clubs which are not registered as a CASC or a charity and which are set up as trusts will likely need to register with the Trust Registration Service (TRS). The TRS is run by HMRC and seeks to identify all registrable trusts within the UK to better identify and manage beneficial ownership of assets held in  trust. If your sports club is a trust and you’re not sure whether you need to register with the TRS, please get in touch with us.

Land

Most sports clubs in the UK own freehold or leasehold land. This can be one of the club’s most valuable assets. It is therefore important that the land is properly registered, protected and maximised to its full potential. If you are in the middle of a sale or lease negotiation and need additional advice, please speak to a member of our Property Team who would be happy to help.

Most sports club land is registered with HM Land Registry however some historic sports clubs may have unregistered land. The Land Registration Act 2002 made it compulsory to register land with HM Land Registry whenever a registrable disposition occurs (e.g. sale, lease, or appointment of new trustees). At PWW we have a wealth of experience in registering unregistered land and would be happy to provide you with a fee estimate. 

Grants

A number of sports clubs receive grants from government bodies and other grant making bodies. We know that this funding can be a lifeline for sports clubs and it is therefore essential that clubs comply with the terms of any grant agreement or contract entered into with grant making bodies.

If there are any changes in the services provided by your sports club or in the status of the club, you should notify the grant making body as soon as possible to avoid any breach of the agreement. The terms of these agreements can often be re-negotiated or novated.

Trading subsidiaries

Many sports clubs operate a club house or pavilion bar as a means of providing a space for socialisation with members and as way of generating additional income for the club. Frequently clubs create a trading subsidiary to manage the pavilion or club house including taking out a liquor licence, employer’s liability insurance and creating a profit for the club. This provides additional protection to the sports club and its trustees in what is considered riskier trading activities.

If you would like help or advice on any of the points raised in this article or have any other questions about sports clubs and the law please get in touch with us or call us on 0207 821 8211 to speak to one of our expert legal advisers.

The Sale and Discovery

In May 2019, Iya Patarkatsishvili and Yevhen Hunyak (the “Buyers”) purchased a luxury mansion from high-end developer William Woodward-Fisher (the “Seller”). Shortly after moving in, the Buyers encountered a persistent moth infestation. Despite extensive treatments, the problem continued.

In 2020, the Buyers learned that the Seller had previously engaged pest control services in 2018 to address the same infestation, which had been found to be linked to the property’s wool insulation. Reports from that time recommended the insulation’s complete removal – a remedy the Seller declined. Crucially, none of this was disclosed in the Seller’s replies to the Buyers’ pre-contract enquiries.

The Legal Claim

The Buyers sued for rescission of the sale contract, return of the £32.5 million purchase price, and damages. They claimed the Seller made fraudulent misrepresentations by stating he was unaware of any vermin infestation and that there were no defects or reports to disclose.

The Seller’s Defence

The Seller denied the allegations, asserting that he had not knowingly misrepresented the condition of the property and that the Buyers had not relied on his replies. He further argued that any right to rescind had been lost due to delay in bringing the claim.

Court’s Findings

The court found that:

• The Seller’s responses were knowingly false and amounted to fraudulent misrepresentation.

• The moth issue constituted a “vermin infestation,” and the Seller’s failure to disclose prior pest control reports was a material omission.

• The infestation was not readily apparent on inspection, contradicting the Seller’s representations.

Despite a delay of over seven months between the Buyers discovering the issue and initiating proceedings, the court ruled that this did not bar rescission. It ordered:

• The return of the property to the Seller;

• Refund of the purchase price, adjusted for the Buyers’ use of the house;

• Damages of approximately £4 million, including stamp duty and costs related to ruined clothing and other belongings.

The court also clarified that written reports, not oral advice, must be disclosed when replying to pre-contract enquiries.

Key Takeaways

• Sellers must provide full and honest disclosure. Fraudulent or misleading replies can lead to the reversal of even high-value transactions.

• Caveat emptor is not a licence to mislead. While buyers must exercise due diligence, sellers are not permitted to give false assurances or omit known issues.

• Vermin includes moths. The definition extends to any animals or insects capable of infesting a residence, potentially broadening disclosure requirements.

• Act promptly if rescission is sought. Delays can undermine a claim, though in this case, the court found the Buyers’ timeline acceptable.

An appeal may follow, but the ruling already marks a significant development in property law, reinforcing that honesty in pre-contract disclosures is non-negotiable.

From 6 April 2025, the taxation of non-UK domiciled individuals and the “domicile-based system” which has formed part of the UK’s tax system for over 200 years, will change to a “residence-based” regime.

For many years a person’s tax status was determined by their domicile of choice. Individuals were only required to pay UK tax on income earned within the UK and were not obligated to pay tax to HMRC on income generated in other countries, unless those funds were remitted to a UK bank account. Wealthy individuals and estate planners were therefore able to apply the rules to maximise savings.

Historically, “non-dom” status has garnered significant attention due to being frequently cited in newspapers, particularly in relation to High-Net worth individuals (HNIs), who were often perceived as evading the taxman by relocating to countries or jurisdictions with lower-tax regimes. According to HMRC, 74,000 people claimed non-dom status in 2022-23.

New 4-Year FIG Regime

For those considering relocating to the UK, from 6 April 2025, qualifying new residents in the UK will benefit from a 100% tax relief on eligible foreign income and gains during their first four years of UK tax residence. The new regime is designed to attract globally mobile individuals to the UK by offering a tax-efficient environment for their overseas earnings.

Key Points:

• The relief applies only to individuals who have not been UK tax residents in the 10 tax years immediately before their arrival.
• To qualify as a new resident in the UK for tax purposes, you generally need to spend 183 days or more in the UK during a tax year or meet specific conditions outlined in the Statutory Residence Test (SRT). 

Temporary Repatriation Facility (TRF)

For those with investment portfolios or foreign bank accounts, a new TRF will allow individuals who have previously been taxed on the remittance basis to bring pre-6 April 2025 foreign income and gains into the UK at reduced tax rates. This is a significant area that may suit HNI considering moving assets to the UK. 

Key Points:

• The TRF will be available for three tax years, starting from 2025–2026.
• Tax rates will be 12% for the first two years and 15% for the third year.
• Individuals must be UK residents in the relevant tax years to access this facility.

Inheritance Tax (IHT) Reforms

For individuals who hold assets across different countries (e.g. a holiday home in Europe) you need to review your exposure to the new UK inheritance tax regime. The domicile-based system for Inheritance Tax will be replaced with a residence-based system. This change will affect the scope of property brought into UK estate calculations for individuals and settlements.

Key Points:

• Non-UK assets will be subject to IHT if the individual has been a UK resident for at least 10 out of the last 20 tax years preceding the chargeable event (including death).
• NB. You may also be considered a ‘resident’ under the automatic UK tests if you spent 183 or more days in the UK in the tax year. There are additional criteria you need to be aware of such as whether your only home was in the UK for 91 days or more in a row, whether you worked full time in the UK at any point in the tax year or have proven ties to the UK such as work or family.

Conclusion

The new residence-based tax regime represents a significant shift in how non-UK domiciled individuals will be taxed in the UK, and is particularly important when considering estate planning arrangements such as making a Will or reviewing inheritance tax liability.

If you have any queries about the implications of the new residence-based tax regime, please do not hesitate to contact our Private Client department today.  

HMRC are due to publish detailed guidance on all these changes at the end of April 2025 and it is prudent for individuals and estate planners to start preparing for the transition to the new regime.

Whether your query relates to transferring assets to the UK or making estate planning arrangements, Ian Bowyer (Partner) specialises in dealing with complex inheritance tax arrangements and cross-jurisdictional matters. Our firm also has close relationships with financial advisors able to assist where necessary.

The Charities (Annual Return) Regulations 2024 (the Regulations) came into force on 1 January 2025 and set out the information that must be included in your charity’s annual return from 1 January 2025 onwards. It is important for registered charities to stay up to date with their filing requirements, so we have prepared a simplified breakdown of the effects of the Regulations.

Who do the Regulations apply to?

The Regulations apply to all registered charities who are required to file annual returns.

Regulation 3 states that they do not apply to common investment funds of charity authorised investment funds, while Regulation 4 states that common deposit funds established or regulated by a common deposit scheme are not required to prepare an annual return.

What does my charity have to file?

For the purposes of 169 (1) and section 169 (2) of the Charities Act 2011 every CIO and any registered charity with an income over £10,000 must prepare an annual return for each of its financial years as required by the Commission. Depending on the income of your charity, the following parts of the Schedule to the Regulations must be completed. This has not changed:

What has changed?

Part A now includes questions on Income Donations, to be answered by all charities with an income over £100,000. These include the value of the charity’s single highest value donation from a corporate donor, from an individual and from a related party during the financial period.

It also now includes a question for unincorporated charities on whether their charity property is held by a holding or custodian trustee on behalf of the charity (this excludes the Official Custodian for Charities).

It also includes slightly varied wording on the appropriate level of DBS Checks required and an additional question on the reporting of serious incidents.

Regulation 5 makes it clear that the Charities (Annual Return) (Amendment) Regulations 2023 and The Charities (Annual Return) Regulations 2022 have been revoked, save that they still apply to annual returns for years ending before 1 January 2025.

Need Advice?

Our Charity Department is on hand to answer any questions you may have, as well as assist with the filing of any annual returns, so do not hesitate to get in touch today with any questions about the recent updates.

The changes to Stamp Duty Land Tax (“SDLT”) announced in the Autumn Budget of 2024 has had an impact on both individuals and companies purchasing properties from 31 October 2024.

Further changes are also coming into effect from 1 April 2025.  

What are the Key Changes?

• Increased rates for additional residential purchases: the SDLT rate for individuals purchasing additional properties has risen from 3% to 5% above the standard residential rates. This came into effect on the 31 October 2024. This will impact individual or investors purchasing buy to let properties.

• Increased rates for company or corporate entity purchase: the SDLT rates for company or other corporate entities (not individuals) purchasing residential properties has increased from 15% to 17% for residential properties over £500,000. This came into effect on the 31 October 2024.

• Decrease in ‘first-time buyer relief’: the first-time buyer relief will reduce from £425,000.00 to £300,000.00, which comes into effect from 1 April 2025. This will no doubt impact first-time buyers wanting to step onto the property ladder.

• Decrease in the maximum property value for first-time buyers: the maximum property value that the ‘first-time buyer relief’ can be claimed on, has been reduced from £625,000.00 to £500,000.00.      

• Change of ‘nil rate band’: the nil rate band has been reduced from £250,000 to £125,000, effective from 1 April 2025. This means that anyone buying a property up to £125,000 can only claim 0% rate and those buying between £125,000 to £250,000 will be liable to 2% rate.

If you are looking to purchase your first property or any additional properties in the UK, there will be critical SDLT considerations to take into account.

Our Residential Property department is available to assist with any questions you may have regarding implications of the SDLT changes as a result of the Autumn Budget. Please do not hesitate to get in touch with us today.  

This publication is for general information only and does not seek to give legal advice or to be an exhaustive statement of the law. Specific advice should always be sought for individual cases.

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