Search and find what you need faster.

Archive for the ‘Uncategorized’ Category

Lawrence Stephens Appoints Five Newly Qualified Solicitors

Posted on: September 1st, 2025 by Natasha Cox

Lawrence Stephens is delighted to announce the appointment of five newly qualified solicitors following the successful completion of their training contracts.

Please join us in congratulating:

Ewan Ooi – Banking

Heather Ramsey – Family

Sophie Robertson – Real Estate Finance

Alex Ronan – Real Estate Disputes

Alex Ruder – Banking

Steven Bernstein, Managing Director commented “Ewan, Sophie, Heather, Alex and Alex have each made a valuable contribution to the firm during their training and we are delighted that they will continue their careers with us. I am very much looking forward to seeing everything they will accomplish in the next few years (no pressure!).”

Lawrence Stephens acts for premium retailer MAKSU in securing lease of new flagship store on King’s Road, London

Posted on: August 28th, 2025 by zhewison

Lawrence Stephens has advised high-end retailer MAKSU on the lease of their new flagship store at 96 King’s Road, London, marking the brand’s second UK location and a significant step in its international expansion.

Founded in 2019, MAKSU is a Spanish-Turkish luxury womenswear brand known for its bold prints, timeless craftsmanship and Mediterranean-inspired elegance. The opening of this new store follows the successful launch of their first UK store in Mayfair in 2024, and it reflects the brand’s growing global presence and commitment to establishing a strong presence in London’s fashion landscape.

With MAKSU’s new flagship store location on the iconic King’s Road, they are positioned at the heart of one of London’s most prestigious and iconic retail destinations. Although ongoing economic challenges and concerns surrounding the future of the UK high street, MAKSU’s expansion into this prime location highlights the resilience of the luxury retail sector and affirms London’s status as a thriving hub for high-end fashion.

This deal was led by Head of Retail and Director Nickhil Mandora, with support from Solicitor Mohammad Hammoud. The deal is a further example of Lawrence Stephens’ position as a leader in the retail sector, having also recently advised major premium retail brands including Arc’teryx and Salomon.

Nickhil Mandora commented: “MAKSU have found a stunning new home on the King’s Road in London and we are delighted to have assisted them on the latest stage of their European growth. Cadogan’s focus on top-tier brands in this area is a strong endorsement of London’s position right at the top of the fashion market.”

For more information on the Retail team and their services, click here.

What the Renters’ Rights Bill Means For Landlords

Posted on: August 20th, 2025 by Ella Darnell

Solicitor Shabnam Shekarian explores the Renters’ Rights Bill, explaining its significance in the changing regulatory environment and offering guidance to landlords on how to respond, in FT Adviser.

Shabnam’s article was published in FT Adviser, 7 August, and can be found here.

If there is one area in which the Labour party’s 2024 general election manifesto demonstrated particular clarity, it was in its stated intention to recalibrate the relationship between residential landlords and private renters.

This policy stance reflected a broader ideological objective: to shift the regulatory balance in favour of tenants, as part of a wider social justice agenda.

This policy shift represents a pivotal moment in housing regulation, reflecting the government’s recognition of the vital role landlords play in ensuring a stable and functional rental market.

By elevating housing security to a matter of public interest, the approach seeks to foster a more transparent and accountable framework; one that supports responsible landlords in providing quality accommodation, while promoting fairness and long-term stability for all parties involved.

More than a year since the launch of their manifesto, section 21 of the Housing Act 1988 remains in force.

However, as is often the case, the legislative process has proven more complex than anticipated, delayed in part due to amendments introduced in the House of Lords prior to the summer recess.

As matters currently stand, the House of Commons is due to debate the proposed amendments on September 8 2025, with Royal Assent expected thereafter.

Some political observers suggest that the government may seek to finalise the legislation ahead of the Labour party annual conference later that month.

A six-month lead time is anticipated, meaning the principal provisions may not take effect until spring 2026.

That said, some elements — most notably the abolition of section 21 — could be brought into force more rapidly for political effect, potentially as early as the end of September 2025. 

This could create uncertainty for landlords, who may be required to adjust their practices at short notice and face differing compliance timelines depending on when specific provisions come into force.

It is important to note that the abolition of no-fault evictions forms just one part of a broader legislative package.

Additional measures include enhanced rights for tenants, such as the right to keep pets, each of which will have operational and compliance implications for landlords.

The bill also introduces new enforcement mechanisms, including increased funding for local authorities to regulate landlord conduct more proactively.

Penalties for non-compliance with basic tenancy requirements are expected to increase, alongside new registration and database obligations designed to improve transparency across the sector.

Moreover, the government is expected to issue accompanying guidance to clarify how courts should interpret certain discretionary grounds, with the aim of promoting consistency in possession claims.

Another area of potential complexity lies in how transitional provisions will be applied to existing tenancies.

The government has suggested that all assured shorthold tenancies will eventually be converted into the new periodic model, however, it has yet to confirm whether this will occur automatically or via legislative triggers.

As such, both legal practitioners and landlords will need to monitor closely how and when these transitions are implemented.

Expanding compliance and dispute resolution

Further, the role of dispute resolution mechanisms is likely to expand as a result of these reforms.

In addition to formal court proceedings, it is expected that alternative dispute resolution schemes will be promoted to resolve disagreements over rent increases, repairs, or possession notices.

This reflects a wider governmental aim to reduce pressure on the court system while offering tenants and landlords a less adversarial path to resolution.

For letting agents, the bill is also set to introduce new compliance duties, particularly around the provision of prescribed information and oversight of tenancy documentation.

Failure to meet these standards could expose agencies to regulatory sanction or litigation.

As a result of this, industry bodies have already begun to urge their members to begin reviewing internal processes in anticipation of the new legal regime.

In practical terms, once the legislation is in force, landlords will face a more restrictive and procedurally burdensome process in seeking possession from tenants.

Those wishing to rely on the current regime should take proactive steps without delay.

With time running out for taking advantage of this legislation before it is abolished, landlords considering possession proceedings under section 21 should do so as a matter of urgency.  

Although still technically in force, use of this procedure requires strict compliance with regulatory requirements.

As the government notes: “You must follow strict procedures if you want your tenants to leave your property.”

This guidance focuses on England, as housing law diverges across the UK’s devolved administrations.

Under current rules, a section 21 notice may be served either:

  • at the end of a fixed-term tenancy (where a written agreement exists); or

  • during a statutory periodic tenancy (where no fixed term is in place).

Where the tenant has breached the tenancy terms, landlords should instead rely on section eight of the Housing Act 1988.

However, a section 21 notice will only be valid if specific conditions have been satisfied, including:

  • The tenancy must be at least four months old.

  • The landlord must have protected the tenant’s deposit in an approved scheme (for post-April 2007 tenancies).

  • The local authority must not have served an improvement or emergency works notice within the preceding six months.

  • No unlawful fees or deposits must remain unpaid.

  • Where required, the property must hold an appropriate HMO licence.

The tenant must have been provided with:

  • a valid energy performance certificate;

  • an up-to-date gas safety certificate; and

  • a copy of the government’s How to Rent guide.

Landlords are required to provide at least two months’ notice, although longer notice periods may apply to contractual periodic tenancies — for instance, where rent is paid quarterly.

If the tenant fails to vacate following expiry of the notice period, landlords must seek a possession order from the court.

Delays in court listings — especially in London — mean that this process can be protracted.

In some cases, further applications for a warrant of possession and bailiff appointment may be required.

Given the increasing scrutiny of section 21 notices, landlords should ensure that their documentation is in order and that all preconditions have been fulfilled.

The prescribed notice (form 6A) should be used, or an equivalent containing all required statutory information.

This may be the final opportunity to make use of section 21. Diligent preparation is strongly advised.

Once section 21 is repealed — likely in the first half of 2026 — landlords will be required to provide a specific ground for possession, primarily via a section eight notice.

In addition, fixed-term assured shorthold tenancies will be phased out.

Most tenancies will become periodic by default, operating on a rolling weekly or monthly basis.

While the final legislative text is still subject to parliamentary scrutiny, the government has indicated that the new framework will specify both mandatory and discretionary grounds for possession.

Although, as mentioned earlier, the full details of the proposed new act have not been finalised, practitioners already have a sense of what this will look like, with a number of criteria being laid out as legitimate reasons for eviction. 

Examples of mandatory grounds include:

  • The landlord or a close family member intends to occupy the property.

  • The property is to undergo substantial redevelopment.

  • The tenant has accrued three months’ rent arrears.

  • The tenant lacks lawful immigration status.

Discretionary grounds, which require judicial discretion, include:

  • Breaches of tenancy obligations.

  • Damage or deterioration of the property.

  • Conduct amounting to anti-social behaviour.

  • Involvement in criminal activity, such as rioting.

  • Circumstances relating to agricultural tenancies.

A full list of proposed grounds can be found on the government’s website.

To obtain possession, landlords must serve notice in the prescribed form and allow for the applicable notice period.

If the tenant does not vacate, possession must be sought through the courts with supporting evidence.

Landlords must also prepare for heightened evidential standards under the new regime. 

Courts are likely to scrutinise applications closely, particularly where discretionary grounds are cited and thorough record-keeping, including photographs, correspondence, and inspection reports, could prove critical in demonstrating that possession is justified.

The reforms also introduce further controls on landlord conduct, including:

  • A cap of one month’s rent in advance.

  • A prohibition on rent increases more than once per year.

  • A requirement for two months’ notice prior to any rent increase.

  • The right for tenants to challenge increases deemed unreasonable.

Importantly, the tribunal process for challenging rent increases will be streamlined, with First-tier Tribunals expected to play a larger role.

This will introduce new litigation risk for landlords seeking to push rents to market levels.

The government has stated that this will prevent landlords from using excessive rent rises as a de facto eviction strategy, while still allowing adjustments in line with market conditions.

Tenants, under the new periodic regime, will have the right to terminate the tenancy at any time, subject to a minimum of two months’ notice.

The renters’ rights bill represents the most significant reform to the residential rental sector in a generation.

While its intent is to redress perceived imbalances in tenant protection, it will have far-reaching operational consequences for landlords and letting agents.

Professionals advising landlord clients should ensure that they are aware of both the short-term opportunities to act under the existing framework, and the longer-term procedural and evidential requirements that will arise once the new regime comes into effect.

The transition will demand not only technical legal compliance, but also a strategic re-evaluation of portfolio management practices, tenancy structuring, and dispute resolution protocols.

Particularly for institutional landlords and build-to-rent operators, advance planning will be essential to ensure readiness for the evolving regulatory environment. 

Failure to prepare could lead not only to delayed possession proceedings and rent loss, but also reputational damage, particularly for larger landlords subject to public scrutiny or investor expectations around compliance.

However, ultimately, success in navigating these reforms will depend on early engagement, robust legal advice, and a willingness to adapt.

As the regulatory landscape continues to evolve, careful compliance and anticipatory legal planning will be critical, and the role of advisers will only become more vital for private landlords and agents looking to navigate these shifting tides.

How Employers Should Navigate the Employment Rights Bill

Posted on: August 19th, 2025 by Ella Darnell

Senior Associate Joanne Leach discusses key takeaways from the Employment Rights Bill, offering guidance for employers on how best to navigate upcoming changes, in FT Adviser.

Joanne’s article was published in FT Adviser, 5 August, and can be found here.

The Employment Rights Bill (ERB) represents one of the most comprehensive and transformative reforms of UK employment law in recent decades, bringing sweeping changes that touch on nearly every aspect of the employment relationship, from unfair dismissal rights and zero hours contracts to trade union access and statutory leave entitlements. It is therefore poised to reshape the employment landscape across all sectors.

The ERB is not a standalone initiative but a central component of the UK government’s broader Plan to Make Work Pay – a policy framework aimed at tackling low pay, poor working conditions, and job insecurity. As outlined in the government’s implementation roadmap, the ERB is designed to raise living standards, support economic growth, and create fairer opportunities across the labour market. By embedding stronger rights and protections into statute, the legislation seeks to ensure that work genuinely rewards effort and provides a stable foundation for individuals and families. It is positioned as both legal reform and a socioeconomic lever for long-term change.

For employers, the implementation of the ERB presents both a significant compliance challenge and a strategic opportunity to modernise workplace practices.

A phased but pressurised rollout

While the ERB was initially expected to receive Royal Assent before the summer recess, it is now likely to be finalised in the autumn session, with further changes still possible during the remaining Lords stages and Commons “ping-pong”.

The government’s roadmap outlines a phased implementation of the ERB, with limited measures relating to industrial action coming into force at the time of Royal Assent and most key measures following in April and October 2026. The most complex reforms, including day-one unfair dismissal rights and protections for workers on zero-hours contracts, are expected to be enacted in 2027.

While this staggered timeline offers a window for preparation, it should not be misconstrued as a reason to delay. The breadth and depth of the changes mean that employers must begin reviewing contracts, policies, and working practices now to ensure they are compliant when the new measures take effect.

The implementation burden: legal complexity and organisational readiness

The ERB’s reforms are far-reaching and will affect every employer, regardless of size or sector. Among the most demanding tasks businesses will need to undertake are:

  1. Contractual variation

Employers will need to revise employment and worker contracts to reflect new statutory rights. This may include changes to probationary periods, new sick pay entitlements which will kick in on the first day of sickness absence, and the introduction of predictable working patterns. For example, workers who regularly work consistent hours over a defined period may have the right to request a more predictable schedule with guaranteed hours. Employers must ensure that contracts are updated to reflect these rights and that any changes are communicated clearly to staff.

  1. Policy changes

Existing workplace policies will require significant updates. Anti-harassment policies will have to be strengthened to reflect new employer duties to take all reasonable steps to prevent harassment, including the harassment of employees by third parties. Redundancy procedures will need to be revised to ensure compliance with the new wider obligation to consult collectively and notify the government when a new company-wide threshold (to be defined in secondary legislation) is met, not just when 20 or more redundancies at a single establishment are proposed within a period of 90 days, as is currently required. Flexible working policies will have to be updated to reflect the ERB’s provisions, which include a requirement that  flexible working requests should be approved unless the employer can reasonably justify refusal on specified business grounds.

  1. Training and culture change

The ERB introduces a wide array of new statutory rights and procedural obligations. However, these reforms are not merely technical adjustments: they will require consistent interpretation and application across all parts of a business. Inconsistent implementation of new rights, such as mishandling flexible working requests or failing to consult properly on redundancies could expose employers to discrimination claims or tribunal proceedings. Line managers and HR professionals will therefore need comprehensive training to understand the new rules. Beyond compliance, fostering a culture of transparency and fairness will help employers position themselves as socially responsible in a competitive labour market.

  1. Administrative burden

The ERB introduces new administrative requirements that will increase HR workloads. For example, employers will find themselves having to track qualifying periods in relation to new rights and respond to requests for predictable hours within statutory timeframes. These tasks will require robust HR systems and processes to ensure compliance and avoid legal risks.

The extension of tribunal time limits: implications for risk management and administrative burdens

The proposal to extend tribunal limitation periods from three to six months under the Employment Rights Bill (ERB) will significantly increase the administrative burden on employers for several reasons:

  1. Longer document retention periods

Employers will have to maintain detailed records for a longer period – potentially up to nine months or more when factoring in Acas Early Conciliation and potential further extensions granted by tribunals. This means employers will need to extend document retention periods and ensure that all relevant communications, decisions, and performance records are preserved well beyond the previous three-month window.

  1. Increased volume and complexity of claims

Giving claimants more time to prepare and submit claims means that employees and their advisers are more likely to bring tribunal claims that might otherwise have lapsed due to time constraints. As a result, employers may face more frequent litigation and a higher volume of Data Subject Access Requests.

  1. Greater pressure on HR and legal teams

This higher volume of claims will lead to HR departments needing to track and manage potential claims over a longer horizon, increasing the workload associated with them. Employers will also need to strengthen internal grievance and appeal procedures to resolve issues early and reduce the likelihood of potential conflicts escalating to tribunal claims. This cultural and procedural shift requires training, policy updates, and consistent implementation across teams

  1. Strategic implications

The limitation extension alters the litigation landscape from a sprint to a marathon. This will require employers to pace their response strategies, allocate resources more sustainably, and remain vigilant over a much longer period of time. Businesses are likely to have to reassess HR budgets and increase insurance cover to account for the heightened risk relating to employment litigation.

Oversight and enforcement

The ERB introduces a more robust enforcement framework, anchored by the creation of the Fair Work Agency – a statutory body with investigatory and enforcement powers. The agency can investigate systemic non-compliance, respond to complaints, and bring tribunal claims on behalf of workers. The ERB also enhances the role of tribunals, giving them discretion to impose higher compensation and penalties.

Employers will also be subject to new record-keeping and reporting obligations, particularly in relation to working time and pay. These requirements are designed to support transparency and facilitate both internal audits and external scrutiny. Failure to comply risks civil penalties, reputational damage, and, in serious cases, criminal liability.

Taken together, these provisions signal a shift from reactive enforcement to a more proactive and preventative model. Employers will need to ensure that HR systems, line management practices, and internal grievance procedures are aligned with the new legal standards, not only to avoid sanctions but to demonstrate a genuine commitment to fair and lawful employment practices.

Key compliance risks and strategies for mitigation

Employers preparing for the implementation of the ERB must be alert to several potential challenges that could undermine compliance, increase legal risk and erode employees’ trust. However, each can be mitigated with proactive planning and clear communication.

  1. Underestimating lead time

Implementing many of the ERB’s reforms will require consultation with staff, particularly where changes affect existing terms and conditions of employment. Employers should begin internal reviews and consultations as early as possible to avoid a last-minute scramble. This includes engaging with employee representatives and trade unions where appropriate.

  1. Inconsistent implementation

Applying new rules unevenly across departments or locations can lead to claims of discrimination. Employers should develop centralised guidance and ensure that all managers receive consistent training. Regular audits and reviews can help identify and address inconsistencies.

  1. Neglecting agency and casual workers

The ERB extends protections to agency workers and those on atypical contracts, such as zero hours or gig economy workers. Employers must ensure that these groups are included in compliance planning and that their rights are respected. This may involve reviewing contracts with staffing agencies and updating onboarding processes.

  1. Failing to engage with consultation

The Government has committed to further consultations throughout autumn and winter 2025 to refine the ERB’s implementation. Employers should consider actively engaging with these consultations to help shape practical guidance and raise sector-specific concerns. Participation can also provide early insights into forthcoming changes and help businesses stay ahead of the curve.

Strategic opportunities for employers

While the ERB introduces new obligations, it also presents opportunities for forward-thinking employers:

  1. Improved retention

Enhanced rights and greater predictability in working patterns can lead to improved employee satisfaction and reduced turnover. This is particularly valuable in sectors that rely heavily on casual or part-time labour, such as hospitality and retail. By offering more stable and supportive working conditions, employers can build a more loyal and engaged workforce.

  1. Competitive advantage

Employers who adopt best practices early will be better positioned to attract top talent and avoid reputational risks. Demonstrating a commitment to employee rights and wellbeing can enhance an employer’s brand and make it a more attractive place to work. This is especially important in a competitive labour market where candidates are increasingly prioritising workplace culture and values.

  1. Legal certainty

The ERB aims to provide clearer rules and definitions, particularly in areas such as working time, redundancy, and dismissal. This can reduce ambiguity and the risk of litigation. Employers who invest in understanding and implementing the new rules will benefit from greater legal certainty and face fewer disputes.

  1. Enhanced employee engagement

By involving employees in the implementation process and responding constructively to their concerns, employers can foster a more inclusive and collaborative workplace culture. This can lead to higher levels of engagement, productivity, and innovation.

Conclusion

The Employment Rights Bill marks a significant shift in UK employment law, with implications for every employer. While the reforms present challenges, they also offer a chance to modernize workplace culture and practices and build a more resilient and engaged workforce. By taking proactive steps now, employers can ensure they are ready for the changes ahead and position themselves for long-term success. Employers who act early, invest in training, and engage constructively with the reforms will be best placed to thrive in the new legal landscape.

Emma Cocker Secures Policy U-Turn at Virgin Active Over Female-Only Spaces

Posted on: August 18th, 2025 by Ella Darnell

Following action by Emma Cocker, instructed on behalf of Michelle Dewberry, Virgin Active has confirmed it will now restrict access to women’s changing rooms to biological females only. This is a reversal of its previous changing room policy which allowed access based on a member’s self-determined ‘gender identity’.

Emma was instructed after Ms Dewberry encountered a man dressed in women’s clothing in the female changing room at her local Virgin Active gym. Feeling vulnerable and uncomfortable, she sought to clarify the changing room policy with Virgin Active staff who confirmed that the changing rooms operated based on ‘self-ID’ and that transgender members could use whichever changing room aligned with their ‘gender identity’. Follow-up correspondence yielded a similar response. Virgin Active later issued a statement:

“In accordance with UK law and industry guidance, we respect the choice of our members to use the changing room facilities based on the gender they identify with. We support and respect all our members and their safety and privacy remains our highest priority. We continue to ensure our policies remain legal, fair and inclusive.”

With support from Sex Matters, Emma sent Virgin Active a Letter Before Claim on the basis that its policy of allowing biological males to access a space labelled ‘female’ contravened the Equality Act 2010. This is because it indirectly discriminated against Ms Dewberry on the basis of her sex and her beliefs and subjected her to harassment related to her sex.

Following receipt of the Letter Before Claim, Virgin Active responded to confirm it would:

  • revise its policies and procedures so that only biological females could access female spaces;
  • update its signage to reflect the above;
  • clarify in its membership rules that ‘sex’ means biological sex, and;
  • provide training to staff to support them (and members) with policy compliance.

Read Sex Matters’ press release here.

What does the law say about single-sex spaces?

The Equality Act 2010 (“Act”) requires each sex to be treated no less favourably than the other. However, the Act does allow service providers to operate single-sex and separate-sex services, such as toilets and changing rooms, when they have a good reason to do so and the limited provision is a proportionate means of achieving a legitimate aim. In other words, the Act makes what would otherwise be sex discrimination (i.e. in the case of women-only spaces, discrimination against men) lawful. It is now well established that women’s safety, privacy and dignity is a legitimate aim and restricting access to biological females will often be a proportionate mean.

While some argue that trans women are women, in the recent case of For Women Scotland Ltd v Scottish Ministers [2025][1] the Supreme Court confirmed that the words ‘man’, ‘woman’ and ‘sex’ in the Act have their biological meaning.

The Court also confirmed that even where an individual has a Gender Recognition Certificate in the ‘acquired’ female sex, they remain a man for the purposes of the Act. The Court noted that, “…many women in a female-only changing room or on a women-only hospital ward or in a rape counselling group might reasonably object to the presence of biological males” and commented that, “it is difficult to see how the reasonableness of such an objection could be founded on possession or lack of a certificate”. As such, it makes no difference whether a person holds a Gender Recognition Certificate and present as the opposite sex; it is now clear that a service provider can only lawfully provide single-sex services and facilities if they do so on the basis of sex (i.e. biological sex, that being the only relevant meaning under the Act).

Why are single-sex spaces important and what should service providers do?

The topic of single-sex spaces has sparked a highly emotive debate. As such, it may be tempting for providers of goods and services to allow people to use whichever space aligns with their chosen identity in an attempt to avoid being labelled transphobic. However (and as recognised by the Courts) for women, access to single-sex spaces is crucial for reasons of safety, privacy and dignity and without such, many women will simply self-exclude from venues and activities.

Businesses and service providers ought to be aware that providing facilities which present as single-sex but operate on the basis of self-ID is unlawful and leaves them open to legal action which is likely to be costly and will cause reputational damage. Further, opting to provide solely mixed-sex facilities may amount to indirect sex discrimination against women who are more vulnerable than men, and are more likely to have their privacy and dignity violated in a mixed-sex space.

As such, it is prudent for all goods and services providers to maintain female, male and mixed-sex facilities where possible. Where that is not possible, providers should not opt for all mixed-sex spaces because they expose themselves to indirect sex discrimination and/or harassment claims under the Act.

If you require advice on how best to manage the issue of single-sex spaces and to protect your business against discrimination claims, contact Emma Cocker.

[1] 2 W.L.R. 879

Lawrence Stephens appointed to work with newly launched Afin Bank

Posted on: August 18th, 2025 by Ella Darnell

Lawrence Stephens is pleased to announce that we have been appointed to newly launched Afin Bank’s legal panel. 

Afin Bank was founded with a clear mission: to make it easier for underserved borrowers, such as people from diaspora communities living and working in the UK, to access mortgage solutions that truly meet their needs. 

For many of these customers, factors such as visa status or their UK credit history have created barriers to financial services. Afin Bank is changing that by creating a welcoming, inclusive environment where customers feel valued and supported throughout their financial journey. 

In addition to serving foreign nationals with a valid visa to work in the UK, Afin Bank is also committed to supporting any borrower struggling to get a mortgage of because of their circumstances, such as the self-employed. With a deep understanding of the challenges many people face, the bank has developed practical, accessible solutions designed to make a real difference. 

Lawrence Stephens is proud to be partnering with Afin Bank to provide specialist legal support. The firm’s Real Estate Finance team will advise on a range of matters, including mortgage lending, property transactions, and regulatory compliance, ensuring Afin Bank and its clients receive expert guidance throughout the lending process. With a shared commitment to accessibility and innovation, this collaboration aims to deliver solutions that empower borrowers and support sustainable growth in the UK property market. 

Nicola Tunney, Chief People and Operating Officer at Afin Bank, explained: “Our mission is to empower underserved customers, whether they’re foreign nationals wanting to put down roots in the UK, or self-employed workers looking for a bank that understands their circumstances. We want to help more underserved borrowers secure a home of their own. 

“We’re proud to be working with Lawrence Stephens, whose Real Estate Finance team will provide expert legal support to both Afin Bank and our clients. Their experience and collaborative approach will be invaluable as we deliver accessible mortgage solutions to a broader range of borrowers.” 

Ann Ebberson, Head of Real Estate Finance at Lawrence Stephens, commented: “We’re excited to be working with Afin Bank, whose proactive and solution-led approach aligns closely with our own commitment to delivering exceptional outcomes for clients. Their mission to improve access to finance for underserved communities is both timely and important, and we’re proud to support that vision. This a strong and valuable partnership in today’s evolving lending landscape.” 

Gregory Palos, Head of Financial Institutions Sector at Lawrence Stephens, comments: “We’re proud to be working alongside Afin Bank on their mission to make financial services more accessible to those who have traditionally been underserved. At Lawrence Stephens, we believe that everyone deserves the opportunity to own a home and build financial security. By combining our legal expertise with Afin’s inclusive and forward-thinking approach, we’re helping to remove barriers and support individuals and families on their journey to homeownership.” 

For more information on our Banking and Real Estate Finance solutions please click here. 

Lawrence Stephens Secures Prime Chelsea Residential Lease for Sandersons London

Posted on: August 14th, 2025 by Ella Darnell

Lawrence Stephens is delighted to have acted for Sandersons London in securing a new lease of a residential building on Draycott Place, Chelsea.

With support from our real estate team, Sandersons have taken on a 10-year lease of the entire building, comprising of 10 units to be refurbished into high-class apartments, in a prime residential location in Chelsea. The lease was completed swiftly within just two weeks of instruction, ensuring a timely and smooth transaction process for Sandersons.

This transaction marks a significant milestone for Sandersons, as the Chelsea letting is the first step in their ambitious plans for building a portfolio of serviced apartment offerings. Lawrence Stephens looks forward to supporting them and continuing a strong relationship as a trusted legal adviser as they expand their property portfolio.

The transaction was completed by Chris Cagney, Director in the Commercial Real Estate team.

Chris commented:

“I am delighted to have assisted our client Sandersons London with this lease in a beautiful location and to play a part in the expansion of the business into the service apartment sector.”

 Matthew Manowski, CEO of Sandersons London added:

“This Chelsea building is more than just our newest lease – it’s the cornerstone of a bold new chapter for Sandersons London. In taking on this prime Draycott Place address, we’re not only expanding into one of the city’s most desirable postcodes, but setting the stage for a curated collection of serviced apartments that redefine what high-class city living can be. Lawrence Stephens have been exceptional partners in making this happen in record time, and we can’t wait to bring our vision for these homes to life!”

You can read more about our real estate team and their services here.

US buyers and the UK’s prime property market – how to avoid tax pitfalls

Posted on: August 12th, 2025 by Ella Darnell

As growing numbers of American investors target the UK’s prime real estate, Directors Alexa Kordowicz and Leigh Sayliss explore what’s fuelling this transatlantic property boom and discuss the key tax considerations US buyers must navigate to protect their investments and ensure long-term financial efficiency.

Alexa and Leigh’s article was published in IFA Magazine, 11 August 2025, and FT Adviser, 18 August 2025.

With more Americans than ever making the move to the UK and buying prime property, advisers need to be aware of the tax pitfalls their clients could face, and how to help them avoid costly mistakes.

US migration to the UK reaches record levels

The Americans are coming. In recent years, a growing number of Americans have been crossing the Atlantic to make the United Kingdom their home. While celebrity immigrants such as Ellen DeGeneres have made the headlines, the UK is now attracting thousands of Americans every year.

Many are here to stay. The Home Office says that over 6,600 Americans applied for UK citizenship in the year ending March 2025 – up 30% on the previous year. The first quarter of 2025 alone saw 1,931 applications, the highest quarterly figure in two decades.

Prime property hotspots are attracting wealthy US buyers

There has been a notable surge in well-heeled American buyers seeking properties in London, particularly in prime central London areas such as Mayfair, Marylebone, Chelsea and Belgravia. Americans are now reported to be the main non-British buyers of prime London real estate. Outside of London, desirable rural areas such as the Cotswolds are in vogue.

Lifestyle, safety and cultural similarities are key draws

This trend appears to be driven by a mix of political disillusionment, lifestyle aspirations and the straightforward, practical advantages of life in the UK, from safer streets to a lower cost of living, cheaper private schools and free healthcare. Another key attraction is that, as a culturally similar English-speaking nation, adjusting to life to the UK tends to be relatively easy for Americans.

Better work-life balance is a major attraction

The UK is an attractive destination for those Americans seeking a better quality of life. The promise of a better work-life balance also appears to be a significant draw. In the UK, workers are entitled to more annual leave, paid maternity leave of up to 39 weeks and lower working hours, for instance. From wealthy celebrities to everyday professionals, the UK’s allure is now reshaping migration patterns, which historically tended to be in the other direction.

Political stability and safer education are influencing moves

In 2025, MAK25 London Limited analysed several key drivers prompting Americans to relocate to London, and found perceived political instability in the US to be a significant factor. The UK’s safer educational environment was found to be a notable factor, which perhaps few Britons consider. The UK has had no school shootings since 1996, compared to 39 in the US in 2024 alone, and six in 2025. This is an understandable anxiety for American parents. Lower crime, along with free maternity care and generous maternity leave certainly makes the UK an attractive destination for young American families. Personal factors, such as family ties or job opportunities, also play a role according to MAK25, which also emphasises the importance of obtaining bespoke visa advice.

Currency strength and property market trends are boosting appeal

The current strength of the US dollar against the pound is increasingly making property purchases attractive for Americans, as is the softening UK property market. Post pandemic lifestyle changes and more flexible working arrangements also mean that it’s possible for Americans to consider a second home abroad, even while continuing to work in the US. London and the UK still have global appeal and cultural cachet, and the UK’s reputation is that of a safe haven for international buyers to invest their wealth.

Engaging advisers early is vital for avoiding tax traps

It is vital for Americans considering a move to the UK to engage US and UK tax qualified legal advisors at the outset – ideally prior to making an offer on any property. It’s essential to consider the possible ownership structures carefully, and to understand all the tax implications. Although thorny tax issues can arise, especially regarding inheritance tax, there are ways to mitigate these if they are considered before buying a property.

Understanding the key UK tax implications

Advisers of Americans moving to the UK will need to understand how the UK’s tax regime may impact them and their families, particularly if they are owners of second homes. Stamp Duty Land Tax (SDLT) surcharges for people buying a second home, and for non-UK residents, may well apply. This means that some canny buyers are looking to invest in areas in the UK with strong growth potential, to help offset the higher initial purchase costs.

Properties for personal use are generally bought in personal names or through trust arrangements, as there are further SDLT implications and the Annual Tax on Enveloped Dwellings (ATED) if the client decides to purchase through a company – unless the property is being bought solely for investment and the owner does not intend to use it personally.

Capital Gains Tax (CGT) rates in the UK may surprise Americans, and this is payable on the gain made upon the eventual property sales. It may be payable in the US and UK, but tax treaties avoid double taxation.

Potential inheritance tax at 40% on UK assets is another issue to be carefully considered. Although this should be offset against taxes paid in US, the UK threshold for paying inheritance tax is significantly lower than that for US Estate Duty. It is also worth remembering that there is no inheritance tax on transfers between spouses or civil partners.

Preparing for a smooth property purchase

American clients going ahead with a purchase should ensure that they have all the necessary documentation in order well in advance to ensure a smooth purchase. This may include proof and source of funds, a mortgage offer in principle, and insurance there will be necessary financing and sufficient tax and financial planning to ensure the purchase will be viable. Their US and UK advisors may need to collaborate closely to ensure the best strategy.

A growing transatlantic migration trend

As the political and social divides deepen in the US, the UK’s blend of cultural heritage, personal safety, and its easy access to continental Europe continues to attract Americans. Though US citizens will have to clear a variety of legal hurdles before making the move, this transatlantic migration shows no signs of slowing down just yet.

If you’re looking to invest in UK real estate, you can get in touch with Alexa here.

Lawrence Stephens Swiftly Completes Two Loans for Castle Trust Bank after Recent Appointment to their Legal Panel

Posted on: August 11th, 2025 by Ella Darnell

Lawrence Stephens’ Real Estate Finance team are delighted to have completed two loan transactions for Castle Trust Bank after the recent appointment to their legal panel.

These deals mark the beginning of a strong and collaborative relationship with Castle Trust, and the team responded to the client’s needs with dedication and efficiency under tight deadlines. 

Castle Trust offers a range of specialist bridging finance solutions, including standard bridging loans as well as light and heavy refurbishments, and their Buy to Let product provides longer-term funding with competitive fixed rates. Following significant increases in business volumes over the last nine months, Castle Trust expanded its legal panel to meet growing demand, appointing Lawrence Stephens as part of this initiative. 

Loan 1

The first loan involved an amount of £1,120,000 for business purposes and refinancing.

Acting on a dual representation basis for both the borrower and the bank, the team worked to a tight deadline to secure an exclusive rate for the client.

The borrower, a portfolio landlord, used the funds in relation to property comprising two House in Multiple Occupation (HMOs) in Buckinghamshire. In order to meet the tight deadline and secure the exclusive rate for the client, the first loan was completed within approximately two weeks of instruction, demonstrating the team’s ability to deliver under pressure and within strict time constraints.

Loan 2

The second transaction involved a £740,000 refinance out of an existing mortgage. The team acted again on a dual representation basis, supporting both the bank and the borrower, who was a portfolio landlord refinancing a freehold house.

As the borrower required an expedited process, our team provided timely and efficient support, responding to the urgency of the transaction whilst also remaining focused on delivering a smooth and effective outcome for the client.

The team, led by Director and Head of Real Estate Finance Ann Ebberson and Director Laura Brown, was also supported by Senior Associate Zahra Shah and Associate Natasha Ali. 

Ann Ebberson commented on the completed loans, adding: “We are delighted to have completed these loans for Castle Trust Bank. This marks the beginning of a strong collaborative relationship and displays our commitment to delivering high-standard expertise under tight deadlines as their trusted legal advisers. We are proud to support Castle Trust Bank and look forward to supporting their continued growth.”

Anna Lewis from Castle Trust Bank added: “The responsiveness, attention to detail, and ability to meet challenging deadlines from the Lawrence Stephens team have made them a valuable addition to our legal panel. These initial transactions were handled with efficiency and professionalism, and we’re confident this marks the beginning of a strong and productive partnership.”

For more information on our services and expertise in the Real Estate Finance sector, please click here.

Navigating the ECCTA Crackdown: Strategies for Business Survival

Posted on: August 4th, 2025 by Natasha Cox

Associate Lefteris Kallou discusses the continued rollout of the Economic Crime and Corporate Transparency Act 2023, offering guidance for businesses on how to ensure compliance amid the National Crime Agency’s economic crime crackdown, in FT Adviser.

Lefteris’ article was published in FT Adviser, 31 July, and can be found here.

The National Crime Agency (NCA) has revealed that 11,500 UK companies were struck off in the past year – the result of a coordinated, multi-agency clampdown. For company directors, the message is clear: now is the time to act. As the UK’s enforcement net tightens, the risk of becoming collateral damage is growing.

Much of this progress stems from the Economic Crime and Corporate Transparency Act 2023 (ECCTA), which has already bolstered the UK’s arsenal against corporate wrongdoing. The Act has not only sharpened the tools available to enforcement agencies, but also ushered in a new era of corporate transparency.

The ECCTA received Royal Assent on 26 October 2023. Building substantially on the foundations laid by the Economic Crime (Transparency and Enforcement) Act 2022, the Act’s wide-ranging reforms aim to significantly enhance the UK’s legal and regulatory framework to address financial crime and improving corporate accountability.

The Act is intended to deter fraud and money laundering, while increasing corporate accountability and strengthening the UK’s integrity as a place to do business. Companies now face new and more stringent compliance requirements, and law enforcement now have better tools to detect and tackle financial crime. The scope and impact of the Act is also increasing as new provisions are coming into force, such as the “failure to prevent fraud” offence, which is due to come into effect on 1 September 2025.

This offence will hold large organisations criminally liable if an “associated person” commits fraud intending to benefit the organisation, unless reasonable fraud prevention measures were in place.

Companies must therefore act swiftly to ensure compliance amid this rapidly evolving legal and regulatory landscape. An analytical, risk-based approach to compliance can help company directors and senior managers to understand the Act and how it applies to their companies. They can then take the necessary steps to ensure that their company is compliant.

Some of the key provisions of the Act include:

  • Enhanced verification powers, mandatory director and PSC identity checks, and improved data-sharing with law enforcement.
  • Greater powers to Companies House to check, query or reject information submitted to them and to request supporting evidence.
  • Companies must confirm that their activities remain lawful each year in their annual confirmation statements and that the future activities of the company remain lawful.
  • A requirement to have a valid registered address and email – with PO boxes prohibited.
  • Stronger powers to seize criminal crypto-assets and tighter anti-money laundering rules for crypto businesses (tying in with the new Crypto-Asset Reporting Framework (CARF) which comes into force on 1 January 2026 requiring UK reporting crypto service providers to collect certain information and share this with HMRC).
  • Mandatory beneficial owner disclosure for overseas entities owning UK property.


Reform of the identification principle

The Act’s reform of corporate criminal liability is significant. With changes to the identification principle, the Act replaces the traditional common law “directing mind and will” test, which required prosecutors to prove that senior individuals with ultimate decision-making authority were involved in criminal activity to hold a company liable.

The original test was widely criticised for being overly restrictive, especially in the context of large organisations with complex governance structures. It essentially made it very difficult – if not impossible – to hold senior managers liable for a company’s criminal actions.

Under the Act, a company can now be held criminally liable for economic crimes committed by a senior manager acting within the scope of their authority. The definition of a “senior manager” is now aligned with the Corporate Manslaughter and Corporate Homicide Act 2007, and it includes individuals who play significant roles in decision-making or managing substantial parts of the organisation’s activities. This broader definition applies to a broad range of economic crimes listed in Schedule 12 of the Act, including fraud, money laundering, bribery, and violations of financial services regulations.

The Act will make it far easier for prosecutors, such as the Serious Fraud Office (SFO), to hold corporations accountable for economic crimes. This tougher enforcement landscape is expected to have a chilling effect on rogue directors and managers who might otherwise turn a blind eye or worse.


Failure to prevent fraud

The second major criminal law reform contained in the Act is a new strict liability offence of failure to prevent fraud, due to come into force on 1 September 2025.

This offence applies to “large organisations”, which are defined as entities meeting at least two of the following criteria in the financial year preceding the offence:

  1. Having over 250 employees
  2. A turnover exceeding £36 million
  3. Total assets above £18 million

It will become possible for such companies to be held liable for fraud committed by employees, agents, subsidiaries, or other “associated persons” intending to benefit the company or its clients unless the company can show that it had reasonable procedures in place to prevent such fraud.

This offence mirrors the “failure to prevent” framework established under the Bribery Act 2010 and the Criminal Finances Act 2017, emphasising a company’s responsibility to implement and maintain robust anti-fraud measures.

The defence of “reasonable procedures” further requires organisations to conduct risk assessments, implement policies and provide adequate staff training to mitigate fraud risks. The Home Office guidance outlines six compliance principles, including risk assessment, monitoring and review, and communication (including training), which again reflect existing guidance for bribery and tax evasion offences.

While its scope is extraterritorial, the forthcoming “failure to prevent fraud” offence hinges on a “relevant event” causing gain or loss in the UK. That means UK-based organisations or those with a UK connection can still face prosecution, even if the fraudulent conduct takes place abroad, as long as the effects are felt on British soil.


Companies House reforms

The Act is just one piece of a broader, multi-agency offensive against economic crime.
Notably, it has recast Companies House – once a passive registrar – as an active gatekeeper in the UK’s corporate enforcement regime.

Among the key reforms are:

Identity verification

From autumn 2025, all directors, members of Limited Liability Partnerships (LLPs), and Persons with Significant Control (PSCs) will be required to verify their identities.

Unless directly verified via Companies House, an Authorised Corporate Service Providers (ACSPs), such as accountants and solicitors registered for Anti-Money Laundering (AML) supervision, will facilitate this process. This measure aims to prevent the use of anonymous or fraudulent identities in corporate structures.

Increased investigative powers

Since March 2024, Companies House has had enhanced powers to query, analyse, and remove incorrect or suspicious information from its registers. It can also share data with enforcement agencies to support investigations into economic crime.

Stricter reporting requirements

Companies and LLPs must provide more detailed and accurate information about their ownership structures, including beneficial owners. Non-compliance can result in significant fines or criminal charges.

Registered email addresses

Companies are now required to maintain a registered email address for communication with Companies House, which will improve the efficiency and security of corporate filings.

These reforms aim to enhance the reliability of the Companies House register, reduce the risk of opaque corporate structures being used for illicit purposes, and align the UK with international transparency standards.


The UK’s wider crackdown on economic crime

The scale and coordination behind the UK’s corporate enforcement crackdown should not be underestimated.

The operation that led to 11,500 companies being struck off involved a formidable coalition of agencies: the National Crime Agency (NCA), Companies House, HM Revenue & Customs, the Insolvency Service, the Financial Conduct Authority, the Office for Professional Body Anti-Money Laundering Supervision (OPBAS), the Home Office, and police forces across the UK.

According to the NCA, the crackdown included a two-day blitz with officers from the Metropolitan Police, City of London Police, and South Wales Police, working alongside HMRC’s Economic Crime Supervision unit. The teams targeted high-risk business addresses, company formation agents, and directors suspected of being linked to shell or fraudulent entities.

During the operation, officers visited eleven premises linked to 30 high-risk trust and company service providers. They uncovered that many of these businesses had no genuine commercial activity, and that several company formation agents had breached their legal obligations.

Rachael Herbert, Director of the National Economic Crime Centre, further stated that money laundering fuels serious organised crime, adding that over £100 billion is laundered annually, much of which is facilitated by UK-registered companies.

The impact of the Act across multiple agencies should not be underestimated.

The recent Insolvency Service Annual Plan notably states that, “Tackling financial misconduct is an increasing focus this year. Our collaborative work with Companies House and DBT following the Economic Crime and Corporate Transparency Act will enhance our ability to take robust enforcement action in cases of corporate wrongdoing and increase the integrity of the corporate regime to support economic growth.” The service says that it will publish a new enforcement strategy, setting out enforcement objectives for the next five years, “in the context of growing demands and opportunities in the wake of the Economic Crime Acts.”


Implications for UK companies

The Act imposes significant new compliance obligations on businesses, particularly large organisations subject to the failure to prevent fraud offence. Companies must therefore educate themselves about the new requirements and conduct thorough risk assessments to identify risks associated with employees, agents, and subsidiaries.

It is vital that businesses implement proportionate policies and procedures to mitigate these risks, including financial controls and segregation of duties. Training of both senior managers and staff is vital. Companies should identify individuals who qualify as senior managers under the new identification principle and ensure they are aware of their responsibilities. Failure to comply could result in unlimited fines, reputational damage, and increased scrutiny from regulators.

If embraced proactively, the Act presents opportunities for companies to strengthen their anti-fraud efforts, reducing the risk of fraud reputational damage.  As the Act’s provisions are rolled out, ongoing monitoring, planning and adaptation of policies and practices will be essential. The Act is a landmark piece of legislation, and it has clearly been embraced by a wide range of UK governmental organisations, who are collaborating closely to reduce economic crime, improve transparency, and to enhance the UK’s position as a global leader in ethical business practices.

The true test of the Act lies in its enforcement and its ability to spark a lasting culture of corporate accountability in the UK.

So far, the signs are promising. The past year’s coordinated, multi-agency actions suggest that enforcement won’t just be effective – it will be robust and, at times, uncompromising. As more provisions of the Act come into force and enforcement strategies bed in across agencies, its reach and impact are set to grow even further.

UK company directors would be wise to take note: the crackdown on economic crime is not slowing down – and the risks of non-compliance are rising.

For more information on our corporate and commercial services click here, and for our dispute resolution services, please click here.

 

 

Lawrence Stephens advises Blue Shield Capital on three completions with joint value of £27million

Posted on: August 1st, 2025 by Ella Darnell

Lawrence Stephens have advised Blue Shield Capital on three completions in three weeks with a joint value of over £27 million.

The team, led by Director and Head of Banking Ajoy Bose-Mallick and Head of Real Estate Finance Ann Ebberson, also included Director Alex Edwards and Senior Associate Ashley Wright.

Blue Shield Capital is a publicly backed real estate finance firm, specialising in bridging loans across a broad range of property sectors within the UK market.

Deal one

We advised Blue Shield Capital on the successful completion of a £7.9 million senior facility, secured against a freehold office building located in the prestigious district of Fitzrovia, in London’s West End.

The 24-month facility, structured at 70% loan-to-value (LTV), supports the acquisition of the property and includes an additional £2 million advance to fund a comprehensive refurbishment programme. The works are aimed at repositioning the building as high-quality office space, capitalising on the continued strong demand for premium office accommodation in the West End.

The sponsor is an experienced operator with a proven track record of delivering successful projects across prime Central London locations.

Deal Two

The team advised Blue Shield Capital on the provision of a £14.5 million senior facility, secured against two freehold office buildings located in North London.

The facility refinanced an income-generating asset where the borrower has successfully enhanced rental income and secured permitted development rights. In addition, it supported the acquisition of a second vacant office property, offering strong redevelopment potential, with a planning strategy already in progress.

Deal Three

We advised Blue Shield Capital on the provision of a £3.2 million facility, secured against a fully-let retail site in Barking, East London.

The site, which has been owned by the borrower for over a decade, is now set to move forward with a major residential-led mixed-use redevelopment. The site was previously owned outright, and the funding gives the borrower flexibility as the project moves through the planning process.

Ajoy Bose-Mallick said, “We are proud to have supported Blue Shield Capital across a number of successful transactions, helping to deliver tailored legal advice that align with their strategic objectives. These deals reflect a strong collaborative approach and a shared commitment to unlocking value through thoughtful investment and development.”

These transactions highlight Lawrence Stephens ongoing commitment to supporting property owners and lenders with fast, flexible, and bespoke legal solutions.

For more information on our services and expertise in the banking sector, please click here.

UK Crypto Regulation Update: HM Treasury’s New Rules Target Scams and Support Fintech

Posted on: July 28th, 2025 by Natasha Cox

In April 2025, HM’s Treasury published a long-awaited overhaul of crypto regulation, via a draft statutory instrument to bring certain cryptoassets into our financial services regime – The Financial Services and Markets Act 2000 (Regulated Activities and Miscellaneous Provisions) (Cryptoassets) Order 2025.

In theory, this gives the UK an opportunity to now compete with other financial hubs by clarifying the rules on issuing cryptoassets. Other players have already taken the leap, notably in the European Union, Middle East and United States. For the UK, there is plenty of work needed to close this gap.

Head of Blockchain and Digital Assets Matt Green and BCB Group CEO Oliver Tonkin analyse HM Treasury’s overhaul of the UK crypto regime, and discuss whether this is too little too late in driving investment and innovation to the sector.

Matt and Oliver’s article was published in Thomson Reuters Regulatory Intelligence, 24 July 2025, and can be found here.

For more information on our blockchain, digital and cryptoassets services, please click here.