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What is a Transfer of Equity?


A transfer of equity is essentially an amendment in property co-ownership. It most commonly occurs when a couple divorces and one owner wants to buy the other out, if a person remarries and wants to give equity to their new partner, or when trying to improve tax efficiency.

You can transfer all, or part of the equity, and you may choose what percentage goes to whom (including children). Depending on your personal circumstances, equity transfer can be a complicated business, so we highly recommend you employ the services of our Transfer Of Equity Solicitors to ensure a smooth and stress-free process.

What is equity?

Equity is the percentage of full ownership one or more people have of a property.

For example, if a married couple own a house that is worth £300,000 and have a £150,000 mortgage, there is £150,000 worth of equity. This is the value of the property that the couple jointly owns outright. As more mortgage payments are made, this equity increases, however it will also likely fluctuate further based on the overall value of the property.

What are the costs of transferring equity? 

The cost of transferring equity mostly depends on the complexity of your personal circumstances and the value of the property and/or mortgage. You will need to consider that there may be costs for the following when transferring equity:

  • Your chosen conveyancer
  • Administrative costs from your mortgage lender
  • Stamp Duty Land Tax (SDLT)
  • Land Registry fee, once the deed transfer has been registered
  • Additional search and/or registration charges from the conveyancer

Are there any stamp duty implications for transferring equity?

If you are divorcing, legally separating, annulling a marriage or ending a civil partnership and one party is moving out and leaving the property’s title, there are no stamp duty implications. It’s important to note, however, that if you and your partner are not legally bound to one another (such as cohabitating), there may be a charge.

In addition, there is no charge if you are gifting a share of a property to a family member, or you receive a property or shares of a property in a Will.  

If you are looking to add a new stakeholder to the property who will have a share of the equity, an amount of stamp duty will be required. The amount payable will depend on the value of the house and/or the mortgage (stamp duty on equity transfer is only payable over £250,000), and is calculated using these SDLT bands.

It is also worth noting that if a transfer of equity is related to a buy-to-let or second property, there is an additional 3% charge on top of the current rates (if the chargeable consideration is more than £40,000).

What is the basic process for transferring equity? 

Below we have highlighted a step-by-step process as to what you can expect when transferring equity. 

  1. Your conveyancer will obtain an official copy of your property’s title deeds from the Land Register.
  2. A Transfer Deed Document will then be composed for you to review.
  3. If required, third parties such as mortgage lenders or banks will need to be notified of the changes, and will need to supply written consent.
  4. You will then be ready to meet with your solicitor to sign the Transfer Deed, in the presence of an independent witness.
  5. The Deed will then be registered with the Land Registry.

What if there is still a mortgage on the property?

Rest assured, it is still possible to transfer equity if there is an existing mortgage on the property in question, in fact, a large percentage of people do. There’s just a few more aspects to think about.

At a top level, if the request is to remove someone from the title and buy them out, the lender will need to be satisfied that the necessary mortgage payments can still be made by the remaining owner(s). This would be the same if someone was being added to the mortgage – your lender will need to do their own independent checks to ensure that the payments can be met and maintained. Remember, you can discuss your options in detail with one of our experienced solicitors 

Can I transfer equity to my child?

Yes, if you wish you can transfer the equity of your property to any children you choose. If at the time of processing the transfer deed your child is under the age of 18, you will need to place the equity into a trust.

If they are over 18, everything works in the same way as transferring to another adult. Some people choose to transfer property to children for tax efficiency, however, if doing so, it is worth noting that there are some finer details around inheritance tax that will still need to be considered. You can speak to our solicitors about this should you be interested in finding out more. 

It is also important to consider that when your child turns 18, they are in control of your living arrangements, and if they fail to keep up with any outstanding mortgage payments, or are declared bankrupt, this may leave you in a difficult position. 

How long does an equity transfer take? 

Typically, you can expect a transfer of equity to take around 4-8 weeks. This is where having an experienced conveyancer on board can pay dividends, as they can chase third parties to get paperwork across the line in a timely manner. 

What are the pros and cons of an equity transfer? 

The pros and cons of transferring equity can be difficult to quantify, as it depends on your personal circumstances and your feelings towards the transfer. If you are considering transferring equity to a child or family member as a gift, this can be an effective way to increase your tax efficiency, however we highly recommend you liaise with a legal representative before taking any action in order to ensure clarity. 

How Eric Robinson Solicitors can help with this process

Our conveyancing solicitors are highly trained to discuss your requirements and act on your behalf. We will guide you through the process of transferring equity, ensuring that it is as smooth and stress-free as possible. We are able to advise on all aspects of equity transfer so you are able to make informed decisions that suit you and your family. 

If you would like to set up an initial consultation with one of our experienced solicitors, please contact your chosen branch, or fill out our contact form, which can be found at the bottom of this page. We have solicitor offices in: Southampton (Hedge End & Bitterne), Winchester, London (Richmond), Chandlers Ford and Lymington.

What is Classed As a Dispute with Neighbours?


We will always hope to get on with our neighbours, but unfortunately, for some, this is not the reality. 

In our experience, there are many different reasons why neighbours may not see eye to eye, some of the most common being related to noise, boundary disputes and parking issues. In some cases, these problems can lead to a great deal of distress and frustration on one or both sides. 

In this blog post, we will explore common neighbour disputes in more detail, the impact neighbour disputes can have on individuals and families and the various routes you can take to attempt to resolve a neighbour dispute. 

Defining a neighbour dispute 

In essence, a neighbour dispute is where two or more neighbours disagree about something to the point where it becomes a source of distress and frustration. And, experiencing a dispute with a neighbour is far more common than you may think. 

A recent survey conducted by We Buy Any Home revealed that 60% of Brits have experienced a dispute with their neighbour, or felt negatively towards them, with 16% admitting this has happened ‘many times.’ These findings highlight the fact there is a public need to know the correct procedures to explore if you find yourself in this position; currently, or in the future. 

What are the most common types of neighbour disputes?

Based on information from the Metropolitan Police and the We Buy Any Home research, the most common neighbour disputes are:

  • Loud noise, such as music or barking dogs
  • Parking
  • Property boundaries and responsibilities
  • Overgrowing trees and hedges
  • Misbehaviour in communal areas 
  • Invading others’ privacy, such as CCTV cameras. 

This is not an exhaustive list, and there may be many other actions or behaviours that cause a problem between neighbours. However, it is important to consider that if a neighbour is causing distress or frustration in any way, it can be deemed as a dispute. 

What impact can neighbour disputes have on households?

If a dispute with a neighbour is not resolved quickly and it is, or becomes, a serious issue, this can have an incredibly negative impact on quality of life. 

In some cases it can make individuals feel isolated or threatened, or generally down. It can mean that those involved do not want to participate in their local community, or feel their usual day to day behaviour has to change to accommodate the issues surrounding the dispute. 

It can also become problematic if there are children involved, as they may need to be kept away from neighbours, for example if there is a perceived threat around verbal abuse. It is important to seek help from the Police if you deem there is any threat to yourself or your children.

How can neighbour disputes be resolved? 

There are various steps you can take to attempt to resolve a neighbour dispute. Below we have highlighted these, and explained in what circumstances they are most relevant. 

  • Talk to your neighbour directly about your concerns. This is likely to be the best option when a problem first arises, to attempt to resolve it quickly without any lasting negative feelings. 
  • If living in rented or council accommodation and you do not feel comfortable speaking with your neighbour or you have tried and failed, you may wish to speak to the landlord or housing association about the issue.
  • Call the police. The police should be utilised when there is evidence of threatening behaviour, harassment of any kind, or you believe they may be breaking the law. 
  • Take legal action. This is the most severe option, however if all else fails, it may become a necessity. You can employ the expertise of a neighbour disputes lawyer, who will help you resolve the issue through the courts. 

Speaking to your local council 

If your dispute is focused around noise, dust, a build up of rubbish, smoke, fumes, gas or anything else that is deemed a health hazard, you are able to notify your local council and request a resolution. 

This option, however, should only be utilised if you have already attempted to settle the issue through speaking with your neighbour. 

Can I move house with an ongoing neighbour dispute? 

It is possible to move house with an ongoing neighbour dispute, however it is in your interest to resolve this before you put your house on the market.  You will almost certainly need to disclose details of any active disputes to potential buyers, and if not successfully dealt with, it could have implications on your house sale. If you fail to disclose an ongoing dispute the person buying your property could allege that you have committed a misrepresentation for which you could be liable to pay financial compensation. 

How can Eric Robinson Solicitors help with neighbour disputes? 

If you feel the only way to resolve your neighbour dispute is through legal action, Eric Robinson Solicitors is happy to assist you. Our team of solicitors is highly experienced in offering specialist advice to help resolve neighbour and boundary-related issues. The most common issues we deal with are: 

  • Rights of way
  • Boundary disputes
  • Access to neighbouring land
  • Encroachment onto your land
  • Party Wall issues where building works on neighbouring land or attached buildings are potentially interfering with your land and buildings.
  • Adverse possession (‘squatters rights’) claims
  • Parking disputes 
  • Blocked access disputes

If you are in a position where an ongoing disagreement is affecting your quality of life and you wish to resolve it effectively, please feel free to get in contact with one of our branches to discuss your requirements and find out more about how we can help. 

Eric Robinson has solicitors offices located in Southampton (Hedge End & Bitterne), Winchester, London (Richmond), Chandlers Ford and Lymington.


We also offer dispute resolution across a variety of other categories, including (but not limited to) commercial and residential property conflicts. See our dedicated disputes solicitors page for more information.

How To Apply For Probate – A Complete Guide


Probate can be a sensitive subject for many as it is part of the legal process after someone passes away. In this post, we will discuss a variety of questions we are commonly asked around probate, including how it works, what it costs, and how to apply. If you have any additional questions, please feel free to contact your local Eric Robinson Solicitors branch, request a call back or fill out a contact form. 

What is probate and how do you apply?

The UK government defines probate as “the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.” Applying for probate varies slightly depending on whether there is an existing Will or not, of which both scenarios will be discussed below.

Applying for probate where there is a Will in place 

If there is an existing Will, the process of applying for probate is likely to be straight forward. Either the executor of the Will or a dedicated probate solicitor can apply to the Probate Registry for a Grant of Probate, which formally appoints the executor of the Will to administer estate. If there are multiple executors, you will need to contact the other parties to agree on who will apply for probate. If contact is unsuccessful, you can still apply, you will just need to show evidence that you attempted to contact them. 

Once the Grant has been received, and after any inheritance tax is settled, the remaining assets and property illustrated in the Will can be distributed to the named beneficiaries. 

Applying for probate where there is no Will in place 

You can still apply for probate without a Will. If this is the case, the closest living relative who is deemed the ‘most entitled’ person should be the person to apply. If this person does not want to apply for probate, they are able to nominate another person. If the most entitled person does decide to appoint a new power of attorney, a PA12 form needs to be completed, whereby up to four people can be nominated. They are then in a position to apply for probate on your behalf, and manage the estate for you. It is worth noting that unless you have formally chosen to give up your right to manage the estate, you are not forfeiting your personal power of attorney and can take it back at a later date. 

The new power of attorney will then be able to apply for a Grant of Letters of Administration. Once granted, the Intestacy Rules determine how the estate is to be divided.

How long does a probate application take?

Securing a Grant of Probate usually takes somewhere between 3 and 18 months, but this timeline depends on a variety of aspects, such as the value of the estate and number of assets.

How much does probate cost? 

If you are applying for probate in England and Wales, the basic application fee is currently £273, but only if the value of the estate is £5,000 or more. If the estate is valued below £5,000, there is no fee. If you choose to appoint a solicitor to ensure a smooth process, there will be an additional cost to cover this. 

You can request extra copies of the Grant of Probate, which are £1.50 each. If probate has already been granted, a second application can be made, costing £20 (if done personally by the executor).

Who can apply for probate? 

As previously discussed, if a Will is present, an executor can apply. If there is no Will, the closest living relative, also known as the ‘most entitled’ person, can apply, or they can appoint someone as power of attorney to do so on their behalf. 

Why you should apply for probate

There are a number of reasons why it is important to apply for probate. It is required in a number of circumstances, including (but not limited to):

  • Managing or selling property that the deceased owned with someone else as tenants in common
  • Managing large assets owned solely by the deceased 
  • To sell any house that is owned solely by the deceased
  • To manage or cash-in premium bonds worth more than £5,000.

There are also additional benefits to probate, such as:

  • It means that the correct beneficiaries inherit assets or estate if there is no Will
  • It provides protection from property being taken by unauthorised individuals
  • It ensures that debts and taxes are paid, leaving no uncertainty for the beneficiaries moving forward
  • It can be a more favourable option for smaller estates.

What do individuals need to apply for probate? 

There are a number of documents required in order to apply for probate. These will need to be submitted to the Probate Registry. You will need to supply these yourself if you are planning on applying without the help of a solicitor. If you choose to employ a probate solicitor to manage the process for you, they will help you source some of the below documentation:

  • A copy of the deceased’s death certificate
  • The original last Will and Testament of the deceased with any codicil
  • Probate application form PA1P
  • Inheritance tax form

Can probate be contested? 

Yes, it is possible to contest probate. In order to do so, you must either be: a family member, owed money by the deceased, a beneficiary of the Will, were made a promise of assets that was not written in the Will, or were dependent on the deceased but have not been provided for in the estate. There may also be circumstances where the validity or interpretation of the Will is disputed or there’s discrepancy in relation to the value of the assets. Find out more information here about Will, probate and estate disputes

How Eric Robinson Solicitors Can Help

For further support around probate, including how Eric Robinson Solicitors can help you, visit our dedicated probate solicitors page

We have solicitor offices in Southampton (Hedge End & Bitterne), Winchester, London (Richmond), Chandlers Ford and Lymington. Contact Eric Robinson Solicitors today for expert probate & estate advice on 02380 218000, or simply fill out our contact us form.

Statutory Legacy Increase 2023 – What has changed? 


What is Intestacy? 

When an individual dies without making a Will, they are considered to have died intestate. 

This means that an immediate family member, usually a spouse or civil partner, in accordance with current UK inheritance laws will need to be made an Administrator, which will give them the right to manage the deceased’s estate

What is the Statutory Legacy?

The Statutory Legacy is the sum that a surviving spouse or civil partner is eligible to receive from the estate in cases where the deceased has passed on intestate (without making a Will), with children.

On the 27th July 2023, the Statutory Legacy increased in England and Wales from £270,000 to £322,000. This means a surviving spouse or civil partner is now entitled to an additional £52,000. 

For deaths that occurred prior to the 27th July 2023, the old rules still stand. 

Why was this change brought in? 

The government brought this change in to help with the current cost of living crisis in the UK. 

The original review date was set for January 2025, however, with inflation rates rising since the last review of the law in 2020, there is a higher chance that a surviving spouse or civil partner may find themselves in a financial position that requires them to sell the deceased person’s property to release funds. 

The government hopes that this increase of £52,000 will offer greater security for surviving spouses & civil partners. 

How can I protect my spouse? 

The best way to ensure that your loved one inherits your family home is to create a Will. 

If you die “intestate” (without making a Will) and have children or other dependents, your spouse can only receive the first £322,000, plus personal possessions, of your estate outright. So, without a Will, your spouse may not even inherit the whole of your matrimonial home.

How Eric Robinson Solicitors can help

Losing a loved one is always tough. When they pass on without making a Will, it can make that situation harder, as it can put an unwanted strain on family relationships.

At Eric Robinson our expert solicitors can talk you through the Rules of Intestacy, offering sensitive support throughout the process.

Our solicitors are experts in Intestacy Law, Will Writing and Estate Planning. We’re here to offer family members legal advice they can count on. 

We have solicitor offices located in Southampton (Hedge End & Bitterne), Winchester, Lymington, London (Richmond) and Chandlers Ford.

Contact Eric Robinson Solicitors today for expert probate & estate advice on 02380 218000, or simply fill out our contact us form.

What is the Child Arrangement Order process?


Often in the unfortunate instance of a relationship breakdown or divorce, making arrangements for where and with whom any children will spend their time is contentious and it can often be hard for the parties to come to an agreement. 

By law, the welfare of the children in a family must come first during any relationship breakdown. If mediation isn’t effective, it may be necessary to obtain a Child Arrangement Order from the court to come to an agreement which is in the best interests of the child. 

What is a Child Arrangement Order? 

A ‘child arrangements order’ is obtained through the family court system and details: 

  • where the child predominantly lives, and when they will spend time in other locations
  • when the child spends time with each parent
  • when and what other types of contact take place (phone calls, for example)

Family courts will make these decisions with the best interests of the child operating as their primary consideration. What is in the best interests of a child will depend on the particular circumstances of each family, meaning there is no ‘typical’ model for an arrangement. 

The residential element of a Child Arrangement Order remains legally binding until the child reaches the age of 18. Beyond the age of 16, however, a court may be unlikely to enforce this except in exceptional circumstances. 

‘Child arrangements orders’ replace ‘residence orders’ and ‘contact orders’. Parents with these orders do not need to re-apply. Child Arrangement Orders are different to ‘specific issue’ orders which address a particular question regarding how the child is brought up, for example: schooling and religion. These do not address fundamental issues such as the child’s primary residence.  

Why would this Order be arranged for a child? 

The most common circumstance in which a Child Arrangement Order is used is in the event that the child’s biological parents separate and cannot agree on how the child divides their time between the two parties. 

However, lots of circumstances can result in a Child Arrangement Order being requested. Anyone with parental responsibility over the child has the automatic right to make an application. Other people in the child’s life, who may not necessarily have parental responsibility or guardianship, such as a step parent, guardian, grandparent, or other relative, can also apply, though they will need to seek permission from the court first. 

For example, Grandparents may seek a Child Arrangement order if they feel access to their grandchild is being unfairly restricted, however, if they are not the child’s legal guardian, they will need to seek permission from the court before seeking a Child Arrangement Order.

How do you make an application for a Child Arrangement Order? 

Apart from exceptional circumstances, such as when domestic violence has taken place, the parties must attend a Mediation Information and Assessment Meeting (MIAM) before applying for a Child Arrangement Order. 

A qualified family law solicitor can advise you throughout this stage in the process, before and after the meeting and advise on next steps, though do have in mind that they wouldn’t be in the room with you during the mediation meeting. It is important to note that any agreement made during mediation isn’t automatically legally binding.

If mediation is unsuccessful in helping you come to an agreement, you can begin the online application to the court for a Child Arrangement Order. A copy of your paperwork will be sent to the court, the Children and Family Court Advisory and Support Service (CFCASS), and the other party involved, typically the other parent, who has 14 days to respond and fill in their own paperwork. It will then typically take 6 to 8 weeks from the time you apply, until you have a preliminary court hearing by which time CFCASS will have conducted checks on both parties and will advise the court on how to proceed to ensure the welfare of the child is prioritised. 

The whole process can take anywhere from 6 to 12 months depending on the specific circumstances of your case and whether there are safeguarding concerns.

Can a Child Arrangement Order be changed?

If both parties agree, you can informally make amendments to a Child Arrangement Order. It is always sensible to get any changes in writing. You can also make a formal application to the court to make changes to the Order. 

What is the cost?

It costs £232 to apply for a court order, plus any solicitors fees. Get in contact with Eric Robinson Solicitors today to discuss your specific needs with us and we can give you an idea of how much you can expect to pay.

How Eric Robinson Solicitors can help

If you’re looking to come to an agreement with an ex-partner, need advice regarding making arrangements for your children after divorce, or are looking to seek a Child Arrangement Order for your child, grandchild, stepchild or relative, speak to one of our team today. 

We have solicitor offices located in Southampton (Hedge End & Bitterne), Winchester, Lymington, London (Richmond) and Chandlers Ford.

Our team of specialist Family Law Solicitors are on hand to answer any questions you may have.

How To Evict A Tenant – A Simple Guide for Landlords


The process of renting should be simple, however landlords are likely to face issues during their time managing a property, or they may simply face a change of circumstances resulting in the need to evict a tenant. 

Initiating possession proceedings is not pleasant, but needs to be conducted according to the strict procedures which ensures landlords are not accused of harassing and illegally evicting their tenants. In this situation, seeking advice from an experienced residential property solicitor is a way to ensure the process is as smooth as possible and can often help to avoid lengthy court proceedings. 

Why would a landlord want to evict a tenant?

Sometimes an eviction has more to do with the landlord and their plans, for example:

  • Wanting to move back into the property themselves
  • Wanting to sell the property 

Sometimes an eviction is down to the actions of the tenants themselves which break the terms of their tenancy agreement, for example not paying rent on time or at all (called being ‘in arrears’), or causing damage to the property.

In this situation it may be sensible  for landlords to try and resolve any disputes with tenants before serving notice. For example, working with the tenant to manage rent arrears or agree a rent repayment plan if they have rent arrears.

What are the legal grounds for evicting a tenant? 

Regardless of the severity of the landlord’s need to evict their tenant, they are ultimately beholden to the rules of the tenancy they have in place. The legal grounds for evicting a tenant depends on the type of tenancy. 

Assured Shorthold Tenancies (ASTs)

The most common form of tenancy is an Assured Shorthold Tenancy (AST). Most new private rental tenancies are automatically this type as well as most tenancies started after 15 January 1989.

Periodic Assured Shorthold Tenancies

These are tenancies that run week by week, month by month or year to year with no fixed end date. In this circumstance a landlord will need to give notice to their tenant, often referred to as a ‘notice to quit’. The landlord does not  need to give a particular reason to the tenant, and the process is initiated via a Section 21 eviction notice, which is commonly referred to as a  ‘no fault’ eviction notice.

Fixed Term Assured Shorthold Tenancies

A fixed term tenancy means that there is a fixed period of time within which a landlord cannot evict a tenant unless they have grounds to do so. For example, unless there is a break clause in the middle of a year-long fixed term rental contract, the landlord would need to wait until the end of the year before evicting the tenant, unless they could demonstrate that the tenant is at fault in some way. 

A Section 21 ‘no fault’ notice can be served with an expiry date that coincides with the last day of the fixed term period. However, before this arrives, a ‘Section 8’ notice will need to be given and this will cite ‘grounds’ for eviction which can include:

  • The tenant being behind with rent payments (‘in arrears’)
  • Using the property for illegal purposes, like selling drugs
  • Damage to the property

With both Section 21 and Section 8 notices there are conditions that must be met to ensure that they are legally valid. An experienced solicitor will ensure landlords cover all bases before proceeding with an eviction under each circumstance. 

Assured Tenancies

Assured Tenancies are much rarer and provide more protection from eviction. A tenancy is likely to be an assured tenancy if the tenant moved in between 15 January 1989 and 27 February 1997 and can be either periodic and fixed term. An eviction will need to follow either the Section 21 or Section 8 procedure in accordance with the Housing Act of 1988. 

Excluded Tenancies (ET)

Excluded tenancies typically provide less protection for tenants from eviction. Lodgers and subtenants living with the landlord and sharing the facilities, such as a kitchen and bathroom tend to have these. Excluded tenancies can also be fixed or periodic. Landlords can’t evict a tenant during the fixed term period, but once this is complete, they don’t need any ‘grounds’.

Once the fixed term has ended, or if the ET is a periodic one, the landlord must give the tenant the same notice as their rent period, e.g., one month if the rent is paid monthly, and this does not need to be in writing although it is wise to put the notice in writing so that there is a clear written record.  There is no need to follow the Section 21 notice procedure in these circumstances. Landlord’s also don’t need to get a possession order from the court either, they just need to give reasonable notice, and then, following the expiry of the notice, they can change the locks on the tenant’s room even with their possessions inside (although they will have to give back the tenant’s possessions).

What is the legal process of evicting a tenant?

Giving notice 

In cases where a section 21 notice is given, the landlord must give at least 2 months written notice that they want the property back (‘notice to quit’), and the date given on the notice must be at least 6 months after the original tenancy began.

For a section 8 notice, a landlord only needs to give two weeks notice under certain grounds before escalating the eviction if the tenant doesn’t leave. 

A standard possession order 

If the tenants don’t leave after having been given notice, the next stage for a landlord is applying to the court for a standard possession order which can also help with claiming unpaid rent. If the landlord isn’t attempting to claim unpaid rent, they can apply for an accelerated possession order. 

Warrant for possession

The eviction can be escalated even further by applying for a warrant for possession if the tenants still will not leave which means bailiffs can remove the tenants from the property.

How long can evicting a tenant take? 

Depending on the length of time it takes the tenant to vacate the property an eviction can take a matter of weeks or several months. It is important to bear in mind that if the landlord involves a lawyer early on, they are more likely to avoid lengthy and costly court proceedings. Eric Robinson’s tenant eviction specialists offer an expert eviction service, helping clients deal with their case quickly and efficiently.

A section 21 eviction

As a general rule, because a landlord is required to give 2 months notice in a section 21 eviction, this is the minimum time a tenant can be expected to take to leave the property.

The next phase, if the tenant doesn’t leave, is a possession order which is harder to predict. The landlord has 4 months from the end of the notice period to apply, and from this time it can take several months to get the court order because it depends how busy the court is and if a hearing is needed.  

This second stage is not binding and the tenant can still stay after receiving this court order. Only court bailiffs can evict a tenant and this process can also take a landlord several weeks to arrange. The bailiffs themselves also must give the tenant 2 weeks notice of their eviction date. 

All in all, it is reasonable to assume the whole process could take anywhere up to a year.

A section 8 eviction 

In theory, a section 8 notice can be more rapid. This is because if the landlord cites grounds such as a breach of tenancy agreement or damage to property, they only need to give 14 days notice before initiating possession proceedings unlike the two months required for a section 21 notice. 

How much will the process cost?

Landlords will likely incur costs in all phases of the eviction process with the average total ranging from £1000 – £3000.

Court fees will be cheaper going through County Courts compared to the High Court but even so, applying to the court for a standard possession order costs £355, while an accelerated possession order (if the landlord is not claiming for rent arrears) costs £275.

If the tenant does not vacate after the possession order, the next step is to apply for a warrant for possession, costing £130. In addition, landlords may need to employ a bailiff to evict the tenant as well as the cost of solicitor’s fees. 

Eric Robinson offers fixed fees inclusive of VAT for the service of an initial letter and notices, and in relation to residential possession claims, we can offer fixed fee services for landlords seeking possession via the section 8 and/or the section 21 route. Please get in touch to discuss your specific circumstances for an accurate fee.

How Eric Robinson Solicitors can help

At Eric Robinson Solicitors we have many years’ experience advising commercial and residential landlords on how to evict their tenants. 

Our expert lodger and tenant eviction solicitors will expertly guide you through the eviction process and we will also assist with seeking to recover financial losses such as rent arrears and legal costs. 

Contact Eric Robinson Solicitors today for expert landlord and tenant advice on 02380 218 000, or simply fill out our contact us form.

Selling A Business: A Comprehensive Guide


Initial considerations

There are many reasons someone might decide it’s time to sell a business. It may be a positive decision based on a change of lifestyle such a desire to retire, or something negative like spiralling business performance forcing the owner out. 

Being able to articulate the reasons for selling the business is something you should ensure you are able to do very early on because it is one of the questions buyers will definitely ask. A solid and confident answer will ensure buyers are reassured. 

It is also important to consider your financial position, because selling a business may not automatically mean you make a profit. There are many costs associated with selling a business, such as any  broker’s commission (10-12%), any upgrades to the business to make it more saleable, capital gains tax owed to the government, and any costs associated with transferring any  lease to the new owner of the business. 

Preparing your business for sale 

To give yourself the best chance of success, starting preparations a year out will give you adequate time to prepare and essentially improve the desirability of the business so that it’s ready for the market. This could include safeguarding any valuable intellectual property, and improving its customer base, market share, the quality of the business model and projections.

When your business has a buyer, they will be given the opportunity to scrutinise the businesses’ books and records in-depth covering legal, financial and commercial issues. 

Being prepared for the due diligence process can start very early too. Collate and ensure the accuracy of financial documents, for example:

  • Tax returns
  • Documents about any  property lease
  • Information about the shareholder position
  • Employee, supplier and client contracts. 

Using an accountant to organise this paperwork sufficiently can  ensure a smoother process, as will speaking to us at Eric Robinson Solicitors. We are experienced commercial property solicitors who have a long track record of working closely with accountants to prepare businesses for sale.

You should also consider updating existing process documentation such as the employee handbook and resolving any ongoing commercial or contract disputes.

Valuing your business

A business valuation is not just the assets, it can be made up of: 

  • The historical performance of the business 
  • Its current performance including sales, turnover and profit
  • The price to earnings ratio, meaning whether the buyer is likely to make their investment back within a certain period of time or not by analysing the annual profits
  • The business plan including any future projections 
  • Its current financial situation including cash flow, debts, expenses and assets
  • Why the business is being sold
  • Any outstanding legal issues 

For this complex piece of work, consider hiring a professional business appraiser and involving your solicitors at this point also. Having a thorough understanding yourself of what led to your business valuation figure is also very useful in preparing you to defend the estimate to potential buyers. Having adequate supporting evidence at your disposal is also helpful for this. 

Finding a buyer

The first thing to consider before setting out to find a buyer is whether you need to talk to your employees first because this is the point at which news of the business being sold becomes harder to conceal. This depends on the visibility of the methods you are using, for example, an online business listing site is easily found and has the potential to cause unease among your workforce if not prepared for the upcoming change. 

There are, however, many other methods for finding a buyer for the business including personal connections, or using a broker which may be more subtle.

Using a business broker can be beneficial in saving time, and they may secure a higher price than you otherwise could have commanded. It is important to consider the commission they will take though which can be around 12%.

Conducting extensive due diligence on potential buyers is also crucial, including credit checks. This is something your solicitor can manage, get in touch with Eric Robinson Solicitors today to see how we can make this process as smooth as possible.

This being said, the process of finding a buyer is still likely to be the longest phase of the business selling process and can even take multiple years.

Agreeing a value/terms of the sale 

Once you enter negotiations with a buyer, the involvement of a solicitor is crucial. They will be able to help iron out the many terms of the sale which need to be agreed at this point including: 

  • What premises/equipment is being sold with the business? What is and isn’t included?
  • The payment terms: are you being paid in full or in instalments? What is the security if the buyer defaults on instalments? 
  • How will your information be protected during the negotiations? What needs to be included in non disclosure agreements?
  • How to ensure you abide by the terms of any partnership agreement you have.  

Negotiation should be carried out in an honest and transparent way, ensuring that you have points upon which you can stand firm with enough points over which you are willing to negotiate. 

Due diligence 

Once an offer has been made and accepted, a period of due diligence can begin. As mentioned above, the buyer will have the opportunity to scrutinise businesses’ books and records in-depth covering legal, financial and commercial issues. It is important to remain transparent, and your preparation will hopefully pay off here if you have access to up to date and accurate documents such as: 

  • Statutory accounts
  • Forecasts
  • Budgets
  • Monthly management accounts
  • Employee information
  • Client and supplier contracts
  • Shareholder agreements

Contracts

A solicitor can ensure your best interests are looked-after when your sales contract is drawn up, and passed back and forth for amendments.

Other paperwork that will be reviewed, signed and eventually exchanged includes: 

  • The purchase and sale agreement
  • Tax deeds and covenants
  • Indemnity agreements
  • Transfer documents

Our Commercial Contract Solicitors at Eric Robinson can help with this. We will rigorously negotiate on your behalf to ensure that the terms are favourable to you and, if the other party will not compromise, we’ll ensure that you are fully aware of the risks which may be involved.

After the sale has completed

The way this period of time plays out really depends on the terms of the sale of your business. For some former owners, they will remain involved with the business in a transition period, or they may be cutting ties completely. Regardless, the help of a solicitor will ensure that all loose ends will be tied up in a way that means all stakeholders are satisfied. 

Last actions include making sure to notify HMRC of the sale of your business if you are registered as self-employed, and talking to your employees if you haven’t already. It is important to let them know what will happen and how they will be supported.

How Eric Robinson Solicitors can help

If you are thinking about buying, selling, or merging a business, speak to Eric Robinson about how we can help.

Our specialist Commercial Law Solicitors can advise you on the processes involved and help you avoid the pitfalls of what is often a complex process. 

Make sure you also check out our other comprehensive guide on Buying a Business

Do I Need a Solicitor to Make a Will? What You Should Know


What is a Will? 

A Will is a legally binding document which sets out a person’s wishes for the distribution of their assets, called their ‘estate’ after they die. This can include money, property, stocks and shares, possessions and digital assets. It can also detail their wishes for the care of any dependent children they have. 

Why should I make a Will?

It is of vital importance to leave a Will if you wish to: decide on what happens to everything you own after you die; ensure your next of kin are provided for (and to determine a suitable age to inherit); and more importantly, organise suitable care for your children if the worst should happen.

Without one, your estate is subject to rules which dictate how your money, property and possessions should be distributed which may be against your wishes. For example, unmarried partners and partners who have not registered a civil partnership cannot inherit from each other unless there is a Will or jointly owned property.  

It is also important to keep your Will up to date as circumstances change throughout your life, for example: a new partnership, marriage or divorce, additional children or new ownership of property. 

To make simple amendments to your Will, a Codicil is needed. It is a legal document that works alongside your existing Will and outlines the alterations. It needs to be signed and witnessed in the same way as an original Will to be valid. 

Can I write my own Will?

Since the Covid pandemic, there has been a spike in people writing their own Wills without the support of a solicitor. The effects of the pandemic caused many to consider their mortality spurring them on to get their affairs in order. As well as a time of existential contemplation, the pandemic did cause financial hardship for many, resulting in people looking for cheaper options and  writing Wills themselves. 

This is something which you are legally allowed to do. Technically, the following requirements are what it takes to make a Will valid.  The Person making the Will must:

  • be 18 or over
  • make it voluntarily
  • be of sound mind
  • make the Will in writing
  • sign it in the presence of two independent witnesses both of whom are over 18.

Provided the above points are met, you could write a Will on a scrap of paper and it could still stand up legally. 

The legal framework for making a Will remains largely unchanged since the Wills Act 1837.  However, a recent amendment introduced as a result of the Covid pandemic provided a revised definition for the word “presence” of a witness to include presence by means of videoconference.  This change is applicable to Wills made between 31 January 2020 and before 31 January 2024.

This temporary change has made it easier for individuals to coordinate the process of creating their own Will without assistance. Although people still require two adult witnesses for their Will to be valid, they are not required to meet in the same room and instead it is possible to conduct a signing via a video conferencing platform, like Zoom.  However, it is best practice to use this option as a last resort.

Why should I use a Solicitor?

Though using a solicitor is not a legal requirement for a Will to be valid, it is generally advisable to use a solicitor or qualified legal professional to advise on the making of a Will and the signing and witnessing of it.  A solicitor Will make sure the Will is valid and reflects your precise wishes to take effect upon your death. 

There are a number of pitfalls to making a homemade Will and the following are typical examples: 

  • Writing a Will without signing and witnessing it properly
  • Making changes to a Will which are invalid due to incorrect witnessing and signing of amendment Failing to identify or describe relevant assets leading to uncertainty or assets passing to the wrong people or simply being overlooked
  • Failure to identify beneficiaries .  E.g. referring to children who are step children.  In law, ‘step children’ are NOT ‘children’ and would therefore not be included.
  • Inadequately safeguarding against disputes or misunderstandings and failing to protect against potential allegations of mental incapacity or undue influence
  • Failing to account for circumstantial changes which affect the way a Will is to be carried out such as a new marriage or divorce 

Errors can be costly to your intended beneficiaries who may not receive the full benefit as you intended particularly if the Will is challenged, leading to expensive legal fees which may be required to resolve the dispute. It was reported in August 2022 that attempts to block probate rose 37% in the two years prior in England and Wales, with the increase in DIY Wills during the pandemic cited as the cause.

The Language used and the meaning given to certain words in a Will is very important. A solicitor will understand legal definitions and is able to advise on the most appropriate words and phrases to achieve the wishes of the person making the Will and to oversee the signing of the Will.  This will minimise the risk of an invalid Will or a claim against an estate.

It is particularly important to use a solicitor in more complex situations such as:

  • A high value estate where Inheritance Tax needs to be considered
  • Shared property with someone who is not your married or civil partner 
  • Where there are beneficiaries with competing interests.  E.g. a second family where there are children from a first and second marriage
  • A complex estate including foreign property or business assets

In addition to DIY Wills, there are many Will writing services available which may provide guidance helping to avoid the pitfalls mentioned above. 

It is, however, important to note that Will writers don’t need a qualification to be able to advertise and perform their services and are not regulated so may be vulnerable to the same mistakes as a DIY Will writer. Putting your Will in the hands of a Solicitor or a qualified legal professional is the safest option.

How Eric Robinsons Solicitors can help

Whether you require our Will writing services, or assistance with Lasting Powers of Attorney, our specialist solicitors are ready to help. At Eric Robinson, our team is made up of experienced lawyers who understand the sensitivity of creating a Will. We will ensure your Will is written, signed, and witnessed correctly so that your wishes will be respected upon your death.

Our Will writing service operates on a fixed fee basis because we recognise that costs are a key consideration.

If you want to find out more about the Will writing service we offer, call or contact us online or in person today. We are always willing to discuss your requirements by phone and we offer fixed fee services. 

Buying a Business: A Comprehensive Guide


Initial Considerations

Buying an existing business may be preferable to starting your own from scratch for a number of reasons. These include the business having an existing: 

  • Customer-base
  • Reputation 
  • Track record 
  • Team of employees

However, there are many considerations and potential pitfalls with buying an existing business. The most important way to avoid these is to obtain professional advice from solicitors and accountants.

It is crucial in ensuring the process goes smoothly. Here at Eric Robinson Solicitors, we are experienced commercial law experts who will enable you to make sense of the complexities surrounding business law and practice.

Businesses can be put up for sale for a variety of reasons. Some are innocuous like the owner retiring, some are more ominous like lawsuits, operational and financial struggles.

Therefore it is imperative to be cautious, conduct thorough due diligence (more on this later), and consider how much money will realistically be needed to inject life back into a neglected business in order to avoid an unexpectedly costly investment. 

Finding The Right Business

It is also important that buyers choose the business that is right for their own experience, skills, budget and commitment.

There are many ways of searching for businesses to buy including online sites as well as trade journals or newspapers with business listings. 

Factors to look out for include: 

  • Price
  • Location 
  • The physical state of any premises 
  • The financial state of the business 

In narrowing down your options, a thorough understanding of different industries and current markets is useful so it is sensible to obtain advice, market appraisals and analysis of business trends from specialists to guide you towards a shortlist.

Research

Once you have a shortlist, make sure to conduct thorough research into each option. 

This will typically involve: 

  • Market research: ensure the business has a carefully thought out position in the market, with demand for its products and services, a target audience and already loyal customer base.
  • Competition: ensure the business is capable of demanding enough attention amongst any competitions and that competitors aren’t significantly further ahead in innovation or popularity. 
  • Viewing the business: make sure to be discreet to avoid arousing suspicion in case the current owner has not made it known that they are selling, but visiting the business will allow you to see the state of the premises and get a sense of the business functionality and atmosphere. 
  • Speak to the current owner: ask about the existing business’s successes, failures, challenges and future opportunities, whilst they will be keen to present a rosy picture, you may still be able to gain some useful insight. 
  • Visiting ‘in-cognito’: it can be helpful to use the business as a customer, and ask friends and family to do the same to have an authentic experience. 

Next steps 

Obtaining a business valuation 

The seller will usually have had their business valued but it can be helpful to obtain your own that you can trust and thoroughly understand. A valuation will be made up of: 

  • The historical performance of the business 
  • Its current performance including sales, turnover and profit
  • The business plan including any future projections 
  • Its current financial situation including cash flow, debts, expenses and assets
  • Why the business is being sold
  • Any outstanding legal issues 

To guarantee a trustworthy interpretation, speak to us Eric Robinson Solicitors. We have a long track record of working closely with accountants to establish the financial position of the business you are looking to buy as well as advising on all stages of the business buying process.

Arranging finance 

For smaller business purchases, you may be financing the purchase entirely yourself or with money from family, though be cautious of the tax you will pay on any gifts of this kind. 

More frequently, buyers will finance their purchase through debt financing. In order to obtain a loan, you will need to compile a lot of information for the lender, typically: details about the business; accounts for the last 3 years at least; financial projections. 

Due Diligence

After a formal offer has been given and accepted, you will be given the opportunity to look into the businesses’ books and records in-depth covering legal, financial and commercial issues. 

An experienced solicitor can help you identify risk areas and will look into issues which arise from due diligence. They can obtain necessary records from and act as intermediaries between external sources like landlords and banks; can raise detailed questions with the seller’s solicitor; and deal with the property changing hands by organising inspections or searches and transferring the lease. 

Contracts 

The involvement of a solicitor is also crucial for drawing up a contract that is most importantly, correct. Large amounts of money are being transferred, so small mistakes can be detrimental.

Secondly, a solicitor has the expertise to ensure your contract is watertight and looks out for your best interests even after the contract has been passed back and forth between yours and the seller’s solicitors with amendments being made.

Inclusions such as restraint of trade clauses can protect your investment. A restraint of trade clause will prevent the seller setting up a business in competition with yours. 

Completion

Completion is when the sale and purchase go through and the business transfers from the seller to the buyer. Final sign-off will be required on multiple pieces of paperwork including: sale of business contract; deed of assignment of goodwill; licence to assign; authorised guarantee agreement; any novations; and transfer deeds for legal transfer of freehold or leasehold property. This paperwork will then be exchanged. 

Your solicitor will manage this process and ensure it all goes smoothly. 

How Eric Robinson Solicitors can help

If you are thinking about buying, selling, or merging a business, speak to Eric Robinson about how we can help. Our specialist commercial law team can advise you on the processes involved and help you avoid the pitfalls of what is often a complex process. 

Losing Parental Responsibility: Process, Rights and Law


What is Parental Responsibility?

In the 1989 Children’s Act, “Parental Responsibility” is defined as being as being:

“All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”. It therefore refers to the duties encompassed within the parental role, rather than the parent’s rights over their child. 

These duties include:

  • Providing a home for the child
  • Looking after the child’s health
  • Choosing and providing for the child’s education
  • Disciplining the child
  • Looking after the child’s property

Parental responsibility is constant, and cannot be transferred. Even in cases where a child is being looked after by a family member, childminder, or in an educational setting, the parents are still responsible for making such arrangements and ensuring they are suitable. These temporary carers do not have parental responsibility, but have reasonable authority to make decisions regarding the safeguarding and welfare of a child whilst in their care.

Those with parental responsibility, regardless of whether they live with a child, have the right to be consulted on important decisions about the child’s upbringing, for example: medical treatment, moving the child abroad, or a change of school. 

Who has Parental Responsibility?

A mother automatically has parental responsibility for her child from birth. If a father is either married to the child’s mother at the time of birth, or listed on the birth certificate, he too will have parental responsibility from the child’s birth.

What about Child Support?

By law, parents have to ensure that their children are supported financially, regardless of whether they have parental responsibility or not.

The law treats Parental Responsibility and child maintenance as being completely separate. An unmarried father who does not have Parental Responsibility still has a duty towards his child to provide child support maintenance. An unmarried father without Parental Responsibility will also still have some rights, for example:

  • he has an automatic right to apply to the court for certain court orders in respect to his child; and
  • if the child is in Local Authority care, he has a right to have reasonable contact with his child.

How to obtain Parental Responsibility

If a father is neither married to the mother at the time of the child’s birth, or listed on the child’s birth certificate, he can obtain Parental Responsibility by:

  • getting a parental responsibility agreement with the mother and taking it to the local family court to have it signed and witnessed.
  • getting a parental responsibility order from a court

A court order will consider the following factors in its decision to grant Parental Responsibility:

  • The father’s degree of commitment to the child
  • The state of the father’s current relationship with the child
  • The reason for making the application.

Other adults who are connected to a child can obtain parental responsibility by the same methods, though there will be different forms for this. They could be the child’s step-parent or second female parent.

Can a mother lose parental responsibility?

A mother can only lose parental responsibility for her child if said child is adopted.

Can a father lose parental responsibility?

Parental responsibility can only be terminated by the Court. 

Termination of parental responsibility usually only occurs when the child is adopted or the individual acquired parental responsibility via a court order in the first place. 

However, in exceptional circumstances, it is also possible for a Court to terminate a father’s parental responsibility if neither of the above are true. There are only a few examples of this happening in the UK. 

There are, however, many orders that judges will more routinely make to protect the interests of children such as Child Arrangements orders, specific issue or prohibited steps orders. This means it is much more common for courts to significantly limit a father’s presence in a child’s life, without actually removing his parental responsibility.

Under what circumstances could a father lose parental responsibility?

The only way to remove parental responsibility is through an application to the court and these applications are very rarely successful. 

In order to lose parental responsibility, a father’s behaviour must have been exceptional or extreme. The following circumstances are not considered grounds for the removal of Parental Responsibility:

  • Being absentee or inconsistent 
  • The child does not want to see the father
  • The father won’t pay child support

Other court orders, including Child Arrangements orders and prohibited steps orders, are more appropriate in most circumstances, rather than trying to remove parental responsibility.

However, in the limited number of example cases, a father has usually been guilty of neglect, abuse or criminal behaviour towards the child and the decision to remove parental responsibility has been taken in order to protect the child’s best interests.

What can I do if I am in conflict with a co-parent about parental responsibility?

Firstly, losing parental responsibility is extremely rare. It is far more likely that the outcome of court proceedings will be a modification of the arrangements made for that child. For example, the limitation of time spent with one parent, if it is deemed to be in the child’s best interests. 

Before escalating to court involvement, however, it is important to seek legal advice and explore options such as family mediation in order to resolve parental responsibility disputes.

Ultimately, people must make their own decisions as to the right course of action to take which best safeguards the emotional wellbeing of those involved, and most importantly, the best interests of the child in question. 

How Eric Robinson Solicitors Can Help

Our expert family law solicitors can offer advice on a wide range of family related issues.

We offer a free initial consultation appointment with our family law solicitors, this can be face to face, over the phone or by video conference. 

We have offices located in Southampton (Hedge End & Bitterne), Winchester, Lymington, London (Richmond) and Chandlers Ford

Contact Eric Robinson Solicitors today for expert family law advice on 02380 218 000, or simply fill out our contact us form.