In this episode of Listen Without Prejudice, Karen Bright (Head of Litigation) is joined by Farzana Rahman (Associate Solicitor, Residential Property) for a practical discussion on some of the most common, and costly, issues that affect leaseholders, landlords, and buyers of leasehold property.

From management packs and managing agents to service charge disputes, cladding, lease variations, and property fraud, Karen and Farzana share real-world insight from both the contentious and transactional sides of the table. Together they explore how leaseholders can protect their interests, what to watch out for during a purchase, and why due diligence is key before you sign on the dotted line.

Whether you’re a first-time buyer, a landlord, or an experienced property professional, this episode offers valuable takeaways on navigating the complexities of leasehold ownership and avoiding the legal and financial pitfalls that can follow.

Chapter Markers:

(03:00) – Costs, delays & why missing packs can derail a sale

(05:40) – Outdated lease clauses & varying leases through the Tribunal

(07:00) – What happens when service charges aren’t paid?

(08:00) – The First-tier Tribunal’s role in service charge disputes

(09:15) – Property fraud: how to protect your home and title

(10:45) – Selling with a tenant in situ & the challenges of vacant possession

(12:00) – Karen’s advice for anyone buying a leasehold property

(15:00) – Can you claim common parts as your own? Demise vs. trespass

Useful Links:

Connect with Karen Bright on LinkedIn

Reach out to Farzana Rahman on LinkedIn

Visit the Bishop & Sewell Website

In this episode of Listen Without Prejudice, Nicholas Barlow, Head of Private Client at Bishop and Sewell, and Luke Jenkins tackle one of the most common questions in inheritance tax planning: can you give your home away to your children whilst still living in it?

The conversation reveals why this seemingly simple solution rarely works as intended. The hosts explain the concept of "gift with reservation of benefit," legislation from 1986 that prevents people from sidestepping inheritance tax by transferring property deeds whilst continuing to live there rent-free. Despite no longer owning the property, the value remains frozen in your estate on death, potentially creating nasty surprises for executors and even forcing children to sell the home to pay unexpected tax bills.

However, Nicholas and Luke explore several legitimate strategies that can work when properly implemented. These include paying full market rent to your children throughout your lifetime with professional valuations reviewed annually, genuine co-occupation arrangements where children move in to provide care, downsizing and gifting the surplus cash, and gifting a small share of the property to secure co-ownership discounts of 10 to 15 per cent.

The hosts highlight important risks including that rental payments must continue for your entire lifetime, children receiving rent must pay income tax, care authorities may view transfers as deliberate asset deprivation, and new owners face potential complications from divorce or financial difficulties. Proper documentation including tenancy agreements, declarations of trust, and updated insurance becomes essential.

Throughout the discussion, Nicholas and Luke emphasise that whilst inheritance tax planning through property gifting is possible, it requires professional advice to navigate successfully. This episode is essential listening for homeowners considering inheritance tax planning.

For tailored advice, Bishop and Sewell's Private Client team is available at bishopandsewell.co.uk or via LinkedIn.

Chapter Markers:

(00:00) - Introduction and Overview of the Podcast

(00:42) - Meet the Experts: Nicholas Baller and Luke Jenkins

(00:58) - Gifting the Family Home: The Classic Question and Disappointing Answer

(01:18) - Tax Implications: Understanding Gift with Reservation of Benefit

(02:58) - Rental Agreements: Paying Market Rent and Keeping Proper Records

(04:04) - Care Costs and Deliberate Deprivation of Assets Concerns

(04:36) - Successful Case Studies: When Rental Arrangements Work Well

(08:47) - Inheritance Tax Allowances, Co-Ownership Discounts and Alternative Strategies

(11:07) - Summary: When Gifting Works and the Risks to Consider

(11:46) - Closing Remarks and How to Get in Touch

Useful Links

Connect with Nicholas Barlow on LinkedIn

Reach out to Luke Jenkins on LinkedIn

Visit the Bishop & Sewell Website

In this episode of Listen Without Prejudice, Chris Macartney (Partner, Landlord & Tenant) sits down with Mark Chick (Partner, Head of Landlord & Tenant) to review progress one year on from the Leasehold and Freehold Reform Act 2024 (LAFRA) and assess whether the government is keeping its promises.

Following Matthew Pennycook’s November 2024 ministerial statement, eight major consultations were promised to drive reform in the leasehold sector. Chris and Mark revisit those commitments, from right to manage and building insurance commissions to service charges, enfranchisement rates, and commonhold.

As they tick through the list, the conversation reveals where genuine progress has been made and where reform has stalled. With the Arctime Freeholders v Secretary of State case now decided by the High Court, they also discuss what the ruling could mean for the next phase of implementation and what leaseholders and freeholders should be doing now.

This is an essential listen for property professionals, landlords, managing agents, and anyone navigating the evolving leasehold landscape.

Chapter Markers:

(00:00) – Introduction: Setting the scene for the review and the recent High Court decision in Arctime Freeholders v Secretary of State

(01:00) – Revisiting Matthew Pennycook’s 2024 statement and the eight promised consultations

(04:00) – Service Charges and Legal Costs: the ongoing consultation and why landlords’ automatic cost recovery is changing

(05:00) – Enfranchisement Reform: capitalisation and deferment rates; the missing consultation and the judicial review delay

(07:00) – Consumer Protection and Estate Management Charges: integrating rent charges into the service charge framework

(11:00) – Regulation of Managing Agents: calls for greater oversight following poor management practices

(15:00) – The High Court’s Human Rights Ruling: implications for LAFRA’s implementation and what comes next

Useful Links:

Connect with Chris Macartney on LinkedIn

Reach out to Mark Chick on LinkedIn

Visit the Bishop & Sewell Website