Whether you’re planning to install a new fence, build a pergola, trim overhanging trees or create a more private outdoor space, it’s important to understand your legal rights and responsibilities before commencing any work in order to prevent any potential disputes arising.

Our Dispute Resolution expert, Kate Fowler, who recently featured in Ideal Homes, The Daily Mail and The Mirror, explores the common legal issues that homeowners need to know about their garden.

Do I have a right to privacy in my garden?

Everyone has a right to enjoy their home and garden without unreasonable interference. However, there is no automatic right to complete privacy from neighbouring properties.

In most cases, a neighbour overlooking your garden through windows, from a balcony or from a raised structure will not amount to a legal nuisance on its own. Neighbours are generally entitled to make reasonable use of their own property, even if this results in some degree of overlooking.

Legal action may be possible if your neighbour’s conduct amounts to an actionable private nuisance – for example their behaviour substantially and unreasonably interferes with your use and enjoyment of your property.

As a result, it can be difficult to prevent a neighbour from installing windows, decking, balconies or similar features simply because they overlook your garden, provided any required planning permission has been obtained.

What can I build in my garden?

Many garden improvements can be carried out without applying for planning permission under what are known as permitted development rights.

Depending on the circumstances, this may include:

• Sheds and garden storage buildings
• Summerhouses
• Home offices
• Greenhouses
• Certain decking and hardstanding areas.

Permitted development rights are subject to strict conditions. For example, outbuildings are generally required to be single-storey and must comply with height restrictions, particularly when located close to a boundary.

More substantial works will usually require planning permission, including:

• Large extensions
• Building a separate dwelling within your garden
• Development affecting listed buildings
• Development within conservation areas.

If you have any uncertainty regarding planning requirements, we recommend that you seek professional advice before starting the project.

Who owns the garden fence or boundary?

Ownership and maintenance of boundary features is a common source of neighbour disputes.

Title deeds and Land Registry documents may provide information about who owns and is responsible for maintaining a boundary feature, with plans including a “T” mark to indicate responsibility, historically. If the “T” points towards your property, the boundary feature is generally your responsibility. Where opposing “T” marks form an “H”, responsibility may be shared between neighbours.

However, not all title documents contain this information. If ownership is unclear, it may be necessary to consider additional evidence, such as:

• Information provided when the property was purchased
• Details as to who originally erected the fence or wall
• Historical maintenance arrangements
• Any agreements reached between neighbours.

It’s important to be aware that there is no legal presumption that a particular boundary feature belongs to one neighbour or the other.

So, before replacing or repositioning a fence, it’s important to establish where the legal boundary lies. Even an unintentional encroachment onto a neighbour’s land can give rise to disagreements and, in some cases, legal action. Discussing any proposed works with your neighbour at an early stage can help avoid misunderstandings. If there is any uncertainty regarding the boundary’s location, seeking legal advice may help clarify the position before work begins.

Can I cut back my neighbour’s tree or hedge?

If branches, roots or vegetation from a neighbour’s tree extend onto your property, you are generally entitled to cut them back to the boundary line.

Any cuttings technically remain the property of the tree owner and should be offered back to your neighbour.

However, there are important limitations to this right. You may require consent before carrying out work if the tree is protected by a Tree Preservation Order or is located within a conservation area. Unauthorised works to protected trees can result in significant penalties.

Care should also be taken to avoid causing damage to the tree. If excessive pruning causes damage, you may be liable for any resulting loss.

What if my neighbour is being disruptive?

Neighbours are entitled to enjoy their property, but not at the expense of causing substantial and unreasonable interference to others.

Examples of conduct that could lead to a legal claim include:

• Excessive noise
• Persistent smoke or bonfire fumes
• Strong odours from poorly maintained land
• Vermin attracted by neglected garden conditions.

Every situation depends on its specific facts, and what is considered unreasonable will vary according to the circumstances.

Access to your land is also generally restricted – unless there’s an express or implied right of way, a prescriptive easement or statutory exceptions, such as under the Access to Neighbouring Land Act 1992. If your neighbour accesses your land without consent, you may be able to take legal action against them.

What happens if I break garden laws?

Failing to comply with planning laws, interfering with legal rights or damaging neighbouring property can have serious consequences.

For example, if you carry out a development without the necessary planning permission, the local authority may take enforcement action. This could include:

• Enforcement notices requiring alterations or removal of the works
• Stop notices preventing further development
• Court proceedings
• Significant financial penalties.

Other common issues can also lead to legal liability, such as:

• Cutting down or excessively pruning a neighbour’s tree may result in a claim for trespass and/or damages
• Building over a boundary may lead to injunction proceedings and costly remedial works
• Interfering with a neighbour’s right of way may lead to legal action requiring the obstruction to be removed and access restored, as well as liability for any losses suffered as a result
• Activities that unreasonably interfere with a neighbour’s enjoyment of their property, such as excessive noise, smoke, odours or damage caused by trees and vegetation, could result in a private nuisance claim. A court may order the nuisance to stop and award damages, if appropriate.

What should I do if I am involved in a garden dispute?

Most neighbour disputes can be resolved through open and constructive communication. Raising concerns early can often prevent matters from escalating.

Where agreement cannot be reached, alternative dispute resolution methods, such as mediation, can be an effective way of finding a practical solution without the cost and stress of court proceedings.

However, some disputes require specialist legal advice, particularly where boundaries, planning issues, rights of way or nuisance claims are involved.

Our Property Litigation team are on hand to advise homeowners on a wide range of neighbour and garden disputes. We can help you understand your legal position, protect your property rights and work towards a practical resolution.

For further advice or to discuss a garden dispute with one of our specialists, please get in touch.

The post What are my legal rights in my garden? appeared first on BRM Solicitors.

Jade Taylor joined BRM as a specialist Employment Paralegal in 2023, in part because of our track-record of supporting aspiring solicitors in their early careers.

In June 2024, Jade was promoted to the role of a Trainee Solicitor and, after two years of effort, completed her qualification in June 2026. She now works with clients across a range of industries on all aspects of employment law and HR matters.

Before joining BRM, Jade’s career began on a legal helpline team at a prominent national firm based in Sheffield. She then moved to the same firm’s Birmingham office for an employment paralegal role. After three years in the Midlands, Jade moved back to Sheffield to work at a high street legal firm as a paralegal in litigation and employment, before joining BRM to specialise in employment law.

She said: “I knew I wanted to qualify as a solicitor in employment law when I joined BRM and was very open and honest about this. They offered me a training contract after I had been with the firm for a year and I jumped at the opportunity.”

Jade highlighted the support she received from colleagues as key to her qualifying as a solicitor. “The whole team has been so supportive in giving me the confidence and opportunities to develop my skills as both a paralegal and trainee solicitor. Also in pushing me out of my comfort zone, presenting in public, networking and carrying out independent work confidently – as well as being a longstanding member of the firm’s Junior Professionals committee.”

Jade also had advice for others following a similar path. She added: “I think most people who are seeking a training contract or SQE trainee position feel the challenges of rejected applications. It’s a process and you have to keep going.

“My experience as a paralegal for four years at various firms, including a year at BRM, put me in a great position when I started my training contract and in qualifying into an area of law I feel confident and comfortable advising clients in.

“Now I have qualified it feels surreal but exciting and something I have worked hard at for a long time.

“I’m now looking forward to building my client relationships independently and continuing to grow my career and experiences as a solicitor at BRM.”

Last year, we launched a structured early career training and development programme called BRM Futures – to support the next generation of legal talent, like Jade.

Through the programme, trainee solicitors spend two years gaining experience across up to four departments via a training contract or SQE trainee route, including real estate, corporate, employment law, residential conveyancing, litigation, contentious probate, and tax, trusts and estates teams.

Director and Head of Employment Law, and co-director of the BRM Futures programme, Amy Hallam, said: “We’re incredibly proud to see Jade qualify as a solicitor. She has shown real commitment, resilience and enthusiasm throughout her time at BRM, and has been a valued member of the team from day one.

“The BRM Futures programme is designed to give aspiring solicitors the opportunity, support and experience they need to succeed, and Jade is a fantastic example of what can be achieved through hard work and dedication. We’re delighted she is continuing her career with us and look forward to seeing her develop further.”

The post BRM strengthens team with newly qualified employment law solicitor appeared first on BRM Solicitors.

Executors can run into difficulties when a Will is not very clear in its wording or doesn’t make sense at all. Although every executor has a duty to follow the terms of the Will and act in the best interests of the beneficiaries, a confusing Will can make their role difficult.

If a plausible meaning cannot be applied or cannot be agreed on, you must make a construction application to the Court to have a judge review the Will and determine how it should be interpreted. The Court will look not only at the wording of the Will to work out the literal meaning, but also the context in which the words were used. It will also consider wider evidence of what the deceased might have meant or intended, including witness evidence from those who knew them – following section 21 of the Administration of Justice Act 1982.

In the recent case of Wilkinson v Kirkham & Others [2026] EWHC 1006 (Ch), the executor had to ask for the Court’s help. The Will in question contained a clause leaving a gift to “the daughter of Lily Mason, for her own use and benefit absolutely”. However, Lily Mason had two daughters. The Will did not specify which daughter the deceased meant.

Alongside reviewing the Will, the Court considered wider evidence of the deceased’s character, values and his relationships with the individuals involved. Based on the evidence, the Court decided that there was no reason why the testator would benefit one of the daughters over the other. Master Clark determined therefore that the clause applied to both daughters and the wording – despite indicating that only one daughter would benefit – did not accurately reflect the deceased’s intention to benefit them both. The Court declared that there had been a “slip in expression”.

What if there is a mistake in a Will?

Sometimes Wills contain mistakes. Rather than being interpreted differently by the Court, the Will itself can be rectified.

However, a Will can only be rectified if there was:

1. A “clerical error” by the solicitor or Will writer who drafted it
2. A failure by the solicitor or Will writer to understand the testator’s instructions.

The infamous case of Marley v Rawlings [2014] UKSC 2 is perhaps the leading example of rectifying a Will.

A married couple made mirror Wills, leaving their estates to one another and their children in default. But both of them executed the other’s Will due to a mistake by their solicitors in failing to give them the correct documents – meaning they signed each other’s Will. Technically, both Wills were invalid under section 9 of the Wills Act 1837 as they had not been signed by the respective testator. However, the Court used the power of rectification since the solicitors had made a clerical error in mixing up the two documents. This meant that the couple’s estates were protected.

The Court can also step in and rectify a Will if the Will drafter didn’t understand the testator’s instructions. However, it cannot do so if the testator didn’t understand the document they executed – for example if they lacked mental capacity.

Essentially rectification is limited to drafting errors and cannot “save” a Will that the testator didn’t understand or intend to bring into effect.

What about my legal costs?

Although the Court may be able to resolve a Will query, going to Court can be very expensive.

Whilst the usual rule in civil claims is that the “loser” pays the “winner’s” costs, this isn’t usually the case in construction and rectification applications – because the Court is being asked to solve a problem rather than settle a dispute. Quite often, they’ll order that the executors may recover their legal costs from the estate if the litigation was in some way caused by the deceased. However, this is not a guaranteed outcome and the Court does have complete discretion when it comes to awarding legal costs.

Making a construction or rectification application to the Court can be an arduous task and getting the advice of a Contentious Probate expert is vital. To learn more about how our experienced team can support you to ensure your loved one’s wishes are followed, get in touch.

The post Why is clear Will writing important? appeared first on BRM Solicitors.

For their seventh year in a row, we’ve led the support for the catch of the regional cricketing calendar, having also sponsored the town’s T20 matchday since 2013.

The stump-smashing spectacle will take place from Friday 19th June to Sunday 28th June, when cricket fans will flock to Chesterfield’s much-loved Queen’s Park.

The annual festival is set to sell-out once again, with over 10,000 spectators last year as cricket fans cheer their clubs through every over and soak up the summer sunshine.

The fixtures this year include Derbyshire taking on Lancashire in the County Championship four-day test from Friday 19th June to Monday 22nd June.

Then Derbyshire Falcons Women host Gloucestershire in the Vitality Blast Women’s League Two (T20) on Saturday 27th June.

To close the innings with the final fixture, Falcons men look to extend their unbeaten run against Yorkshire Vikings on Sunday 28th June. A game which saw Derbyshire Falcons win by seven wickets last year.

Our Executive Director and Head of Tax, Trusts and Estates, Rob Woodhead, said: “We’re delighted to be sponsoring the BRM Chesterfield Festival of Cricket for the seventh year in a row.

“It’s fantastic to see the local community coming together for the event each year at Queen’s Park, and, as ever, we’re excited to be supporting both Derbyshire cricket and our town.

“We’re looking forward to an amazing week of sport and can’t wait to celebrate Chesterfield – come on you Falcons!”

Jimmy Drew, Commercial Manager at Derbyshire County Cricket Club, said: “With more than 10,000 spectators attending, the Chesterfield Festival of Cricket is one of the most popular weeks in the entire county cricket calendar, and with the support of BRM, it has become bigger and better every single year.

“Our Club represents the entire county and coming to Chesterfield gives us the opportunity to connect with our supporters and experience cricket in one of the most picturesque venues around.

“With the growth of the women’s game and the storied history of our men’s team at Queen’s Park, this year’s BRM Chesterfield Festival of Cricket promises to be one of the highlights of the summer.”

Learn more about the BRM Chesterfield Festival of Cricket and book your tickets.

The post Local law firm continues headline sponsorship of BRM Chesterfield Festival of Cricket 2026 appeared first on BRM Solicitors.

Our Private Client team in Sheffield has supported Will Aid since 2023, dedicating time and expertise to writing Wills throughout November. Instead of charging our usual fees for basic Wills, we invited clients to make a donation to Will Aid – helping to fund Will Aid’s partner charities, which carry out work across a range of important causes, from providing humanitarian aid to protecting vulnerable children and those facing hardship here in the UK.

Our Director and Head of Tax, Trusts and Estates (Sheffield), Richard Barlow, said: “We were proud to support Will Aid once again in 2025. Having a professionally drafted Will in place is vital to ensure your assets are protected and your wishes are followed, and Will Aid gives our clients a great opportunity to plan for the future whilst also raising funds for incredibly important causes.

“The funds raised will go on to support people facing difficult circumstances, both here in the UK and around the world, which makes taking part all the more meaningful.”

Since its launch in 1988, Will Aid has raised more than £26 million in donations, with millions more pledged in charitable legacies thanks to the generosity of participating solicitors.

Lauren Poole, Chair of Will Aid, praised the firm’s achievement, and said: “Congratulations to the team on raising such a fantastic amount. It’s always inspiring to see firms come together to support Will Aid, giving their time and expertise to help clients while raising vital funds for our partner charities.”

Peter de Vena Franks, Will Aid’s Campaign Director, added: “The continued commitment from firms like BRM is what makes Will Aid such a success year after year. Their support helps ensure the campaign can reach more people while generating essential funding for charities delivering crucial work in the UK and beyond.

“It’s a great example of how the legal profession can make a meaningful difference in communities.”

Will Aid runs every November, offering people the opportunity to have a professionally written Will in exchange for a donation. The suggested donation is £120 for a basic single Will and £200 for a pair of basic mirror Wills, with all proceeds supporting Will Aid’s partner charities: Age UK, British Red Cross, Christian Aid, Crisis, NSPCC, SCIAF (Scotland), Shelter, and Trócaire (Northern Ireland).

Learn more about making a Will or to book a Will writing appointment.

The post Our Sheffield Private Client team raises £3,270 for Will Aid appeared first on BRM Solicitors.

To ensure you understand the house buying process, our Residential Conveyancing team outline the key steps of purchasing your first home from offer to completion.

Understanding these steps is vital to having a smooth purchasing process. Missing a step, or misunderstanding what it does, can lead to significant delays, unexpected costs or problems that surface after moving into your dream home.

Getting ready to purchase your first house

Before starting to look for your dream home, you must ensure that your finances are in a position to purchase. You need to decide if you have the upfront funds that you’ll need for a property purchase or if you need a mortgage.

For most first-time buyers, a mortgage is the only viable option to get on the housing ladder. You can increase your chances of getting a mortgage by:

• Saving a larger deposit amount, with most mortgage lenders expecting at least a 5-10% deposit
• Increasing your credit score by registering to vote and not missing payments, such as a credit card or rent payments.

There are a number of government schemes that can help first-time buyers afford to buy your home, including:

• The First Homes Scheme: Offers first-time buyers the opportunity to purchase a new build property for up to 50% less than the market value
• The Shared Ownership Scheme: Allows you to buy a share of the property’s full market value if you cannot afford the full deposit and mortgage payments
• Lifetime ISA: The government will give you a 25% bonus on top of the money you deposit into the ISA to put towards a property valued at £450,000 or less
• Help to buy ISAs: The Government will give you a 25% bonus on your savings. Help to buy ISAs are no longer available to open, but if you have one open already it’s valid up until November 2030.

It’s also worth factoring in the other costs involved in buying your first home. This includes stamp duty if the value of the property is over £300,000, solicitors fees, any surveys you take out, moving costs and more.

Once you have worked out how much you can borrow and you have saved your deposit, you can now apply for a Mortgage in Principle (MiP) from a mortgage lender. This confirms that a bank is ready to lend you the money to purchase a house for a certain period of time – giving sellers a clear indication that you’re in a position to buy.

Submitting your offer and the acceptance stage

Now you have saved your deposit and have a MiP, you can start to seriously look at properties on the market to try and find your dream home.

Once you’ve found the right property for you, you can officially make an offer by contacting the estate agent or owner. Alongside your offer, it’s best practice to also include confirmation that you have funds in place to complete the purchase – usually in the form of your MiP and proof you have the deposit.

You may then need to negotiate your price, submit follow-up offers or even go to ‘best and final’ offers if there are other interested parties.

Once your offer is accepted, it’s important to remember that there is no contractual obligation to complete the transaction. Unfortunately, there is still the risk that another buyer may offer more money or your seller may back out of the deal.

A seller would usually take the property off the market after accepting an offer, but this doesn’t mean the sale is legally binding – it only becomes binding after exchanging contracts.

Beginning the mortgage and conveyancing process

After having your offer accepted, you can apply for a formal mortgage and start the conveyancing process.

You will probably go with the lender that provided your MiP. However, you should consider researching if there is a more suitable lender, taking into consideration which lenders specialise in first homes. Instructing a mortgage broker may also be a viable option to find the right mortgage lender and rates for you.

You also need to choose which kind of mortgage would suit you:

• Fixed rate mortgage: You pay the same amount each month for a fixed number of years
• Variable rate mortgage: The amount you pay each month changes based on base interest rates.

Whilst waiting to receive your mortgage deal, you should then begin the legal process by instructing a conveyancing expert.

Once appointed, your conveyancer will start the legal process. They’ll get and review title deeds, review the contract of sale, carry out necessary searches, including local authority searches, environmental searches and water and drainage searches. Your solicitor will also handle transferring money and processing stamp duty.

It’s best not to enter into any credit agreements to buy anything, such as a new sofa or TV until after completion. Your lender will do a final affordability check prior to releasing the mortgage monies and any new credit agreements could impact the mortgage affordability – in the worst case, this could result in the mortgage offer being withdrawn.

Organising a survey and building insurance

Once your formal mortgage offer has been made, it’s recommended that you organise a property survey. This gives you the peace of mind that the property is in good condition, and gives you the opportunity to renegotiate on price if there are any issues.

There are three main types of property survey:

• RICS Level 1 Home Survey: A basic condition check, suitable for newer properties with standard construction
• RICS Level 2 Home Survey: A mid-level, more thorough survey, suitable for conventional properties in relatively good condition – this is more commonly referred to as a ‘homebuyer survey’
• RICS Level 3 Home Survey: A comprehensive review of the property, suitable for old, large or run-down properties, or if you’re planning major works – this is more commonly known as a ‘full structural survey’.

You can also get a snagging survey, which is suitable for newbuild houses – pinpointing defects or unfinished parts of the property that can be fixed by the developer.

Once you’ve received your completed survey, you can opt for experts to review specific defects, for example you may hire a roofer to review the condition of the roof and to quote for any potential works. You can then use any quotes you’ve gathered to negotiate the purchase price, if necessary.

Just before you exchange contracts with the seller, it’s vital to purchase building insurance. Even though you haven’t moved into your new home, you’re legally responsible for any structural issues once you have exchanged contracts – having insurance protects you if anything goes wrong.

Exchanging contracts

Once your conveyancer has completed all of the relevant searches and you have your deposit ready to send to your conveyancer, it’s time for you to negotiate a completion date with the seller – which will be added to your contract.

After deciding a date that works for you and the seller, you can agree on a date to exchange contracts. As soon as you have exchanged contracts, the property purchase is legally binding – if either party decides to pull out, they’ll now be liable to a financial penalty.

Once you’ve exchanged contracts, you can rest assured that the purchase will most likely complete. You’re now also legally responsible under the contract for the property, therefore it’s important to have the insurance in place.

Completion and moving into your new home

Before completing your house purchase, your solicitor will provide a completion statement, outlining a breakdown of the money you need to pay to complete the purchase, including any outstanding deposit, stamp duty, and conveyancing fees.

Your conveyancer will then transfer the purchase money to the seller’s solicitors, and notify the estate agent to release the property’s keys and organise a time for you to collect the keys to your new home.

Now it’s time for the most exciting step. Collecting your keys and moving into your first home. Once you’re moved in, it’s time to start thinking about adding a splash of paint and decorating.

Whilst conveyancing can be a length process, taking eight to 16 weeks on average, getting the keys to your first home is one of the most exciting days of your life. To learn more about buying your first home, and how our team of qualified conveyancers can support you to move into your dream property, get in touch.

The post First time buyers: A guide from offer to completion appeared first on BRM Solicitors.

As a result of the changes in the RRA, you may have decided to sell your rental property. To ensure a smooth and successful sale, our Residential Conveyancing team have outlined the key things you need to know before selling your rental property.

Valuing your property

When considering selling a rental property, it’s important to first arrange for your property to be valued.

Whilst there are online valuation tools available, you’ll often get a more accurate valuation by organising at least three estate agents to visit the property to assess it in person.

However, it’s crucial that you review your tenancy agreement to ensure valuation and viewing clauses are included. If allowed, you must provide at least 24 hours’ written notice to your tenants that someone will attend the property for a valuation – but it’s best practice to give your tenants more notice to maintain a good relationship.

Are you selling with tenants in situ?

One of the key things to consider is whether you want to sell your rental property vacant, or with tenants in situ.

Selling with tenants in situ means you’ll sell your property to another landlord or property investor – ensuring you receive rental income until the sale is complete, and that their tenancy continues under a new landlord. For a smooth sale, you’ll need to provide the buyer with the tenancy agreement, as well as details about the held deposit.

If you’d prefer to sell the property without tenants, you’ll need to get them to vacate. Although this can pose legal challenges, it means you can market your property to a wider range of buyers, rather than just landlords or investors. You may also be able to sell the property for a higher price due to the larger pool of buyers.

To gain possession of the property, you’ll have to serve the correct notice outlining your intention to sell. To learn more about gaining possession of your rented property, head to our Dispute Resolution page.

What paperwork do I need to sell my rented property?

To make sure your property sale is a smooth process, you’ll need to gather a range of paperwork and certificates, including:

• EPC rating: Detailing your property’s energy efficiency. This is a legal requirement for all rental properties
• Gas and electric test certificates: Proving that your property’s appliances are safe and compliant with legal standards. These are mandatory safety checks for landlords
• Planning permission and building regulation certificates: Any building changes to your property, such as a loft conversion or extension, must be evidenced with the appropriate paperwork, including evidence of approvals and completions
• The lease: If your rental property is a leasehold, you’ll need to you’ll need to provide the lease, which sets out the number of years left on the lease, the current ground rent and any service charges.

Your conveyancer will also get your property title deeds, proving that you’re the legal owner of the rental property. If you don’t have a copy of the deeds, your solicitor will request a copy from the Land Registry.

What fees should I be aware of?

When selling your rental property, you need to be aware of a range of fees and charges that you may be liable to.

If you’re set to make a profit when selling your rental property, you may be liable to pay Capital Gains Tax (CGT). Depending on your taxable income, you’ll have to pay either 18% or 24% CGT on the profit from the sale. However, there are different CGT reliefs depending on if you lived in the property at some point during ownership, if you have set up a limited company to manage your portfolio or have changed your elected residence before selling.

You’ll also need to consider your estate agent and legal fees, which can be deducted from your profit for CGT purposes.

When selling a rental property, if it is mortgaged on a fixed interest rate deal, you’ll most likely be subject to an Early Repayment Charge (ERC) due to breaking the fixed-rate mortgage deal – this is typically 1% to 5% of your outstanding mortgage balance. You’ll need to weigh up whether paying the ERC is worth it to sell your property.

Getting the right legal support

If you decide to sell your rental property it’s vital to get legal help from an experienced property expert to ensure your sale is seamless, you pay the right amount of CGT and you avoid any legal disputes. If you need support in vacating your property before sale, our experts can guide you through the process, with a view getting your property sold as efficiently and cost-effectively as possible.

We’re proud to have a local team of qualified conveyancers, with decades of experience helping people to buy and sell property, transfer property, remortgage and more. To learn more about how we can help you to sell your rental property, read more about our Residential Conveyancing services.

The post How to sell my rental property appeared first on BRM Solicitors.

For landlords and managing agents, serving a section 8 notice under the Housing Act 1988 can feel routine. However, it’s one of the most common points of failure in possession proceedings and property agents must be aware of the risks of getting the notice wrong.

Courts already take a strict approach to possession claims, and scrutiny is expected to intensify as a result of the changes in the Renters’ Rights Act 2025. Even minor technical defects in the paperwork can invalidate a notice – forcing landlords to restart the process, incur further costs and additional rent loss, and agents may receive complaints from Landlords.

To help you avoid pitfalls when trying to gain possession of a property, our Associate Solicitor, Jennifer Knibbs, outlines to the most common issues when serving a section 8 notice:

Using the wrong form

Section 8 notices must be served on the prescribed Form 3. Using outdated or adapted versions of the form are frequent and avoidable mistakes

Misidentifying the grounds

Relying on incorrect or incomplete grounds under Schedule 2 can significantly weaken a section 8 notice. In rent arrears cases, failing to include mandatory Ground 8 (where applicable) is particularly problematic

Getting notice periods wrong

Notice periods vary depending on the ground and have changed repeatedly in recent years. Serving an incorrect timeframe will invalidate the notice

Defective service

A valid notice is ineffective if you cannot prove you have served it. Landlords often overlook the service provisions in the tenancy agreement or fail to retain evidence, such as proof of postage

Inaccurate tenant details

Misspelt names, missing joint tenants, or incorrect addresses can undermine the notice entirely

Errors in arrears calculations

For rent-based grounds, such as rent arrears, being precise is critical. Inconsistent or inaccurate figures can result in the loss of mandatory grounds and damage credibility of the section 8 notice

Overlooking compliance preconditions

Issues such as licensing, deposit protection, or other statutory requirements can render a notice invalid before proceedings even begin

Lack of detail in the notice

Simply citing a ground is not always enough. The Courts expect a clear factual basis, including any supporting evidence.

Why an incorrect section 8 notice matters

Serving an incorrect section 8 notice doesn’t just cause a delay – it resets the entire eviction process. That can mean months of additional arrears and avoidable legal expense for the landlord and managing agent.

With the changes under the Renters’ Reform Act 2025 expected to increase scrutiny on possession processes – as well as shifting greater emphasis onto section 8 grounds – getting the notice right at the outset will become even more important.

How to serve a section 8 notice correctly

Before serving a section 8 notice, it’s crucial to take the time to:

• Verify you are using the current prescribed form – Form 3
• Double-check grounds, clearly state the legal grounds for possession and provide supporting evidence
• Confirm notice periods – whether immediate (as a result of illegal activity), two weeks or two months
• Ensure service of the notice can be proven – keeping a paper trail, including copies of the form, how and when it was served and proof of postage, if applicable
• Audit compliance with all statutory requirements.

Whilst it’s possible to serve a section 8 notice by yourself, we recommend that landlords and managing agents get expert legal advice early. A short review by an expert at the outset of your possession order can prevent costly missteps later.

How we can help

Our property experts regularly advise landlords and managing agents on possession strategy, drafting and reviewing section 8 notices – alongside managing claims through to possession.

To learn more about how our Dispute Resolution team can support you through a section 8 notice, such as providing a checklist for your team or reviewing a notice before it’s served, get in touch with one of our experts.

The post Gaining possession of a rental property: The small errors that derail a section 8 notice appeared first on BRM Solicitors.

Two recent cases of Peggie v NHS Fife and B M Kelly v Leonardo UK Ltd confirmed in the employment tribunal that in some circumstances, it could be lawful for transgender employees to use their preferred toilet and changing facilities. They also confirmed that the inclusion of transgender people in single sex spaces was not inherently unlawful.

B Hutchinson and Others v County Durham and Darlington NHS Foundation Trust is the latest high profile employment tribunal case relating to the use of single-sex spaces by transgender employees in the workplace. However, the employment tribunal reached a different judgment to that of the earlier cases.

They ruled the Trust’s policy permitting transgender employees to use their preferred facilities amounted to unlawful harassment and indirect sex discrimination of the eight female claimants. The employment tribunal found that the Trust’s ‘Transitioning in the Workplace Policy’, which permitted transgender employees at the Trust to use their preferred single-sex facilities, violated the dignity of the claimants and created ‘a hostile, humiliating and degrading environment’ for them.

A consistent theme in these recent cases has been how the employer has handled the complaints raised by their employees. In all three cases, the employer is said to have created ‘hostile’ environments for their employees, after complaints were raised about their transgender colleagues. In the Hutchinson and Peggie cases, this led the employment tribunal to make a finding of unlawful harassment due to the way the employer handled the complaint internally.

Whilst none of the employment tribunal judgments are binding on this subject, their conflicting nature has created uncertainty for employers. Further clarity on the law will only come in the event these claims are appealed to the Employment Appeal Tribunal in due course.

Further assistance may come from the Equality and Human Rights Commission (EHRC). In May 2025, they launched a consultation on updates to its Code of Practice for services, public functions and associations in light of the For Women Scotland ruling. The EHRC’s findings from this consultation in relation to the provision of single-sex spaces were passed on to the Minister for Women and Equalities in October 2025.

When published, the guidance will be aimed at service providers, public functions and associations rather than employers specifically. So, the scope of assistance from the Code of Practice is currently unclear. The EHRC’s advice to businesses in the meantime is to get tailored legal advice on any issues, and act accordingly.

What is clear however, is the need for businesses to avoid overreliance on certain policies to the detriment of other employees. Instead, they should approach any complaints with a more holistic approach – with a view of putting in place arrangements that satisfy all interested parties, rather than protecting one group of individuals at the expense of another group. There is no doubt that it will be difficult to manage and balance the competing rights and sensitivities of all involved. But if you encounter any complaints or concerns in your business, it’s vital to seek early legal advice.

If you or your business are facing uncertainties relating to transgender employees, or other employment law matters, speak to our experienced Employment Law team.

Amy Hallam
Director and Head of Employment
t: 0114 349 6989
e: amy.hallam@brmlaw.co.uk

Ellie Leatherday
Associate Solicitor
t: 01246 564002
e: ellie.leatherday@brmlaw.co.uk

Jade Taylor
Trainee Solicitor
t: 0114 698 7487
e: jade.taylor@brmlaw.co.uk

Alec Smith
Paralegal and Administrative Assistant
t: 0114 698 7481
e: alec.smith@brmlaw.co.uk

The post Case law development: Transgender employee disputes in the workplace appeared first on BRM Solicitors.

Our Director of Contentious Probate, Lewis Hastie, discusses the steps the Court may take to remove an executor and the implications this may have on someone’s estate.

The right to remove an executor exists under section 50 of the Administration of Justice Act 1985 and the person seeking to have the executor removed, or replaced, must bring this action in the High Court. The Court can only appoint another person to act as administrator in place of an executor who is being removed and cannot appoint an additional person under section 50.

When should an executor be removed?

An executor of an estate (or a personal representative of an estate where there is no Will) will be removed if the Court considers that it is in the interests of the estate as a whole.

Removal will be appropriate if the executor has done something seriously wrong, but it’s not limited to wrongdoing. If relations between the executor or personal representative and the estate beneficiaries have broken down irretrievably and no progress can be made, the Court is likely to make the order.

However, this does not mean that the Court will remove an executor simply because the beneficiaries don’t like the individual in question, or vice versa – it must be demonstrated that the conduct of the executor will adversely affect the estate administration. In Harris v Earwicker [2015] EWHC 1914 (Ch), the Court established principles would apply to a removal application, which are:

1. The Court is not required to determine whether the executor has done something improper – the key question is whether the estate administration is being done correctly and whether it will benefit the beneficiaries to remove the executor
2. If the executor has made a mistake, or their conduct warrants criticism, it must be of a nature that threatens to jeopardise the estate in order for the Court to remove him/her
3. The Court will consider the Deceased’s wishes in their Will – was there a specific reason for trusting the executor under scrutiny?
4. The beneficiaries’ views will be taken into account but if there are conflicting views, the Court will look at what is best for all of them
5. The Court will consider whether it is impossible for the current executor(s) to complete the estate administration if there is a breakdown in relations with the beneficiaries
6. The cost of doing so will be a factor, particularly if it is a small estate.

This is generally the criteria the Court will consider in all executor removal applications.

Can I recover my costs after removing an executor?

The general principle in the majority of civil claims is that the winner has their costs paid by the loser.

On occasion, the executor can claim their legal costs from the estate – for example, if they have not done anything wrong particularly, but the Court has decided they cannot continue in their role – and in rare situations they may be able to seek an indemnity from the estate for any legal costs they are ordered to pay.

A beneficiary who applies to have an executor removed but fails to establish reasonable grounds for doing so could be ordered to pay the executor’s costs to defend the claim. On the other hand, executors who have acted unreasonably and caused the need for a court application will not be entitled to seek an indemnity from the estate for their own legal fees and any costs they are ordered to pay.

In a recent decision, Shufflebotham v Milner [2025] EWHC 3321 (Ch), an executor applied to Court for an order under section 50 that she herself and a co-executor would be removed in favour of someone else. The Court agreed to the claimant’s removal but did not remove the second executor and he was permitted to continue with a new administrator.

Although the defendant was awarded costs, the claimant was able to rely on her indemnity which meant that the defendant’s costs were met by the estate – this was because although her application did not entirely succeed, it had been made in the interests of the estate as a whole and not unreasonably.

This goes to show that the Court has a wide discretion when it comes to assessing costs liability.

To learn more about executor removal applications, get in touch with a member of our Contentious Probate team.

The post What are the circumstances in which an executor can be removed? appeared first on BRM Solicitors.