Author: Budget Legal Advice

Obtaining probate is only the start of an executor’s task. GOV.UK says a personal representative, meaning an executor or administrator, is legally responsible for the money, property and possessions of the person who died from the date of death until everything has been passed to the beneficiaries, a stretch called the administration period. This guide summarises GOV.UK’s guidance on dealing with an estate and on valuing it for Inheritance Tax. It covers England and Wales; Scotland uses confirmation rather than probate and Northern Ireland has its own forms. It is general information, not legal advice, and larger estates or those with trusts often justify professional help.

What the role involves

GOV.UK lists the tasks that may arise: paying debts left by the person who died, selling assets such as property or shares, paying Income Tax on income such as rent or interest, paying Capital Gains Tax on profits from sales, and reporting the estate’s value, income and tax liability to HM Revenue and Customs (HMRC). Where there is more than one personal representative, they should agree where to hold financial assets (an ‘executorship account’ can be opened), the rules for withdrawals, and which assets to sell and when. The earlier steps are covered in the guide to applying for probate yourself.

Debts and the notice to creditors

GOV.UK says the personal representative must pay unpaid bills and personal taxes, claim any tax refunds, complete a Self Assessment return for income earned before death if needed, and repay overpaid benefits. HMRC can be contacted directly or through the Tell Us Once service, after which GOV.UK says it can take at least 30 days for HMRC to make contact. Employers and pension providers should be told so that HMRC receives any last salary or pension figures.

The central protection is a notice in The Gazette giving creditors two months to claim. GOV.UK says the estate’s assets should not be distributed until the two months are up, because a representative who distributes early and then finds the estate cannot afford a debt may have to pay it personally.

Inheritance Tax timing

Most estates owe no Inheritance Tax, but when it is due the deadlines matter. GOV.UK states the tax must be paid by the end of the sixth month after the death to avoid interest; for a death in January that means 31 July. If the estate owes tax, its value must be reported within one year on form IHT400, and probate cannot be applied for until that is done. The tax normally has to be started before probate is granted, but certain assets that take time to sell, such as a house, can be paid by yearly instalments. HMRC usually issues the code needed for the probate application within 20 working days.

Income and gains during administration

The estate pays Income Tax on everything it receives between the day after the death and the final distribution, such as rent, business profits, interest and dividends. GOV.UK says estates get no allowances. Dividends received on or after 6 April 2026 are taxed at 10.75% (8.75% for 6 April 2022 to 5 April 2026) and other income at 20%. If assets that have risen in value since death are sold, Capital Gains Tax may be due, and on residential property it usually has to be reported within 60 days; transferring an asset directly to a beneficiary does not create a charge on the estate.

Reporting to HMRC

For income received from 6 April 2024, GOV.UK says no report is needed if the estate’s income from all sources is £500 or less in a tax year, but if it is higher everything must be reported. Estates valued below £2.5 million at death, with total Income Tax and Capital Gains Tax below £10,000 and no more than £500,000 of assets sold in any tax year, can report by letter at the end of the administration period. Others must register the estate online by 5 October after the relevant tax year and file a Trust and Estate Tax Return (form SA900): a paper return by 31 October, or an online return by 31 January, following the tax year, with any tax payable by that 31 January.

Distributing and closing the estate

Once debts and taxes are paid, or the representative is sure the estate can cover them, the estate is distributed under the will or, if there is no will, under the law; the guide to intestacy rules explains the order. GOV.UK says anyone receiving taxed income should be given a statement of income from estates, and the Land Registry property register must be updated when a property is passed on. Final estate accounts are then prepared and should be approved and signed by the representative and the main beneficiaries. A beneficiary who disputes the will may have a separate remedy, described in the guide to contesting a will.

FAQs

Is probate always needed?

No. GOV.UK says it may not be needed where the person had only savings, or held money or property jointly with others that passes automatically to the survivors. Each financial organisation has its own rules, so they should be asked.

Can the estate be shared out as soon as probate arrives?

GOV.UK says to distribute once debts and taxes are paid, or when the estate is certain to cover them, and not before the two-month creditor period has ended.

What if the estate runs short after distribution?

GOV.UK warns that the representative may have to pay remaining debts and tax bills personally.

The bottom line

In England and Wales an executor is responsible for the estate until the last beneficiary is paid, which means paying debts, settling Inheritance Tax and income tax liabilities, reporting to HMRC where required and keeping proper accounts. Waiting out the two-month creditor notice before distributing, watching the six-month Inheritance Tax deadline and keeping a separate record of estate income protect the executor from personal liability. This is general information, not legal advice.

Sources

• Dealing with the estate of someone who’s died (gov.uk)
• How to value an estate for Inheritance Tax and report its value (gov.uk)
• Applying for probate: What is probate (gov.uk)

Child maintenance is regular financial support towards a child’s living costs, paid by the parent who does not have the main day-to-day care of the child. Parents can agree it between themselves or use the statutory Child Maintenance Service (CMS), which is run by the Department for Work and Pensions. This guide summarises GOV.UK’s CMS pages. The CMS operates in England, Wales and Scotland; Northern Ireland has a separate service. It is general information, not legal advice.

The two routes

GOV.UK says child maintenance can be arranged privately if both parents agree, or through the CMS. A private arrangement is flexible and parents decide the amount themselves. The CMS can work out an amount, arrange payments, take action if a parent does not pay, resolve parentage disputes and trace the other parent.

The child must be under 16, or under 20 if in approved education or training, and the applicant must live in the UK as their main home. Either parent can apply, as can a grandparent with main day-to-day care or a guardian. The CMS cannot be used if a court-approved consent order is less than a year old; the guide to consent orders on divorce covers that route. Payments do not affect benefits such as Universal Credit and are not taxed.

How the amount is worked out

GOV.UK says the CMS usually follows six steps. It starts with the paying parent’s yearly gross income, taken from information supplied by HM Revenue and Customs, converts it to a weekly figure, applies one of five rates (nil, flat, reduced, basic or default where income is unknown), and then takes account of other children the paying parent supports. Shared care can reduce the amount where the child stays overnight with the paying parent for at least 52 nights a year. Either parent can ask for a variation to include other income, assets or specified expenses, which GOV.UK says can take up to three months to change the amount.

The CMS reviews the amount every 12 months, and some changes must be reported straight away, such as a move of home (within seven days) or an income change of 25% or more.

Direct Pay and Collect and Pay

There are two ways to manage payments through the CMS. With Direct Pay the paying parent pays the receiving parent directly and there is no fee. With Collect and Pay the CMS collects the money and passes it on. GOV.UK says each regular payment then carries a fee: 20% added to the payment for the paying parent and 4% taken off for the receiving parent. No collection fees are charged if parents work together on a family-based arrangement.

The government announced in February 2024 that the £20 application fee would be removed from 26 February 2024. GOV.UK says the first payment is usually made within 12 weeks of applying.

When payments are missed

On Direct Pay the CMS cannot take action, but the receiving parent can sign in to their online account, report the missed payment and ask to move to Collect and Pay. The CMS can also change the method itself if the paying parent does not pay in full and on time.

On Collect and Pay, GOV.UK says the CMS can make deductions directly from pay, pension or benefits, take money from a bank account, or obtain a court order for payments called a liability order. The paying parent pays an extra fee for these actions; the collection guidance gives a £50 charge for a deduction from earnings as an example. After a liability order the CMS can take further steps such as seizing property. The guidance warns that the case can move to an enforcement unit that applies to the courts, with possible effects on credit rating, a property sale or a prison sentence.

GOV.UK states there are legal limits on collection: the paying parent must be left with enough to live on, and priority debts such as mortgage or rent, utility bills, taxes and court fines come first. Court action can be stopped by contacting the CMS and agreeing to pay what is owed.

Disputes, reporting and when maintenance ends

A parent who disagrees with a decision can ask for a mandatory reconsideration; GOV.UK gives the time limit as 30 days from the date on the decision letter. If still unhappy, they can appeal to the Social Security and Child Support Tribunal within one month of the reconsideration outcome. GOV.UK says a person who gives false information or fails to provide required information can be taken to court and fined up to £1,000.

Maintenance ends when the child leaves education or training or turns 20, whichever happens first, although arrears from missed payments can still be collected. Contact arrangements are dealt with separately; see the guide to child arrangements after separation.

FAQs

Do I have to use the Child Maintenance Service?

No. GOV.UK says parents can make a private arrangement if both agree. The CMS is available where they cannot agree or it is unsafe to talk.

Does child maintenance count as income for benefits?

GOV.UK says it does not affect benefits, including Universal Credit, and no tax is payable on it.

Can I avoid Collect and Pay fees?

Yes, by using Direct Pay, which has no fee, or a private family-based arrangement. GOV.UK says collection fees cannot be avoided by paying directly while on Collect and Pay.

The bottom line

In Great Britain child maintenance can be agreed privately or set by the Child Maintenance Service, which calculates it from the paying parent’s income and the child’s overnight stays. Direct Pay carries no fee but gives the CMS no power to act, while Collect and Pay charges 20% and 4% fees and allows deductions from earnings, bank account collection and liability orders. Reporting changes promptly, keeping records of payments and contacting the CMS before falling behind are the practical safeguards. This is general information, not legal advice.

Sources

• Child Maintenance Service (gov.uk)
• Unpaid child maintenance (gov.uk)
• Child maintenance: paying through the Child Maintenance Service (gov.uk)
• How the Child Maintenance Service works out child maintenance (gov.uk)
• Child Maintenance Service reformed to crack down on parents who refuse to pay, 12 February 2024 (gov.uk)

When a flight arrives very late, UK law can give passengers both practical help and a fixed sum of money. The rules are known as UK261, short for UK Regulation (EU) No. 261/2004, and the Civil Aviation Authority (CAA) explains them in its passenger guidance. This guide summarises the CAA pages on delays, on entitlement to compensation and on which flights UK law covers. It is general information, not legal advice.

Which flights are covered

The CAA says a flight is covered by UK law if it is departing from an airport in the UK on any airline, arriving at an airport in the UK on an EU or UK airline, or arriving at an airport in the EU on a UK airline. A flight that falls outside those descriptions does not carry the same statutory rights, and the CAA publishes a document showing how entitlement changes with the route and the airline.

Care while you wait

The right to care starts once the flight is delayed beyond its scheduled departure time by at least:

• two hours for flights under 1,500 km;
• three hours for flights between 1,500 km and 3,500 km; and
• four hours for flights over 3,500 km.

The CAA says the airline must provide, whatever the cause of the delay, food and drink based on the length of the delay, two phone calls or emails, and, for an overnight delay, accommodation with transport between the airport and that accommodation. If the airline does not arrange this, passengers can make their own arrangements and claim the cost back, keeping itemised receipts. The CAA notes that airlines are unlikely to treat alcohol, luxury hotels or luxury meals as reasonable.

The compensation amounts

Compensation can be claimed if the passenger reaches the destination airport more than three hours late. The CAA says the sum is fixed, is not linked to the ticket price, and is paid per person according to flight distance, which can be calculated by the great circle route method:

• under 1,500 km: £220;
• 1,500 km to 3,500 km: £350; and
• over 3,500 km: £260 if the arrival is between three and four hours late, or £520 if more than four hours late.

Separately, if the delay is five hours or more, the CAA says a passenger can choose not to travel and receive a refund for the flights not yet taken.

Extraordinary circumstances

No compensation is due if the delay was caused by “extraordinary circumstances”. The CAA says the Regulation does not define the term. It lists the likely categories as weather incompatible with safe operation, strikes unrelated to the airline (such as airport staff, ground handlers, air traffic control or border force), terrorism or sabotage, security risks, political or civil unrest, and hidden manufacturing defects such as a manufacturer recall that grounds a fleet.

Technical faults are the most disputed cause. The CAA records that in June 2014 the English Court of Appeal decided in Jet2 v Huzar that technical problems are not an extraordinary circumstance in the UK, and that in September 2015 the European Court found in KLM v van der Lans that technical problems and the early failure of an aircraft component are not extraordinary, with a hidden manufacturing defect and damage from sabotage or terrorism as the two types that may be. A passenger unsure whether an exception applies can still claim, and the CAA says an airline relying on extraordinary circumstances must clearly set out why.

Connecting flights and separate bookings

Where one booking includes two or more flights, the CAA says the right to care and compensation is based on the distance between the first and last airport in the booking, and late arrival at an intermediate airport is not counted; only arrival at the final destination matters. Separate bookings, sometimes called self-transfer journeys, carry no statutory right to care, compensation or onward transport if a delay causes a missed flight, although the entitlements for each individual flight still apply.

How to claim

Compensation is not paid automatically. The CAA says passengers must claim from the airline first, and there may be separate claims for compensation and for expenses. If the response is unsatisfactory, or the airline takes more than eight weeks to reply, the claim can go to an alternative dispute resolution provider if the airline has joined one, or otherwise to the CAA’s Passenger Advice and Complaints Team. Where a flight was part of a package, the guide to package holiday rights explains a different set of rules, and a court route is described in the guide to bringing a small claim.

FAQs

Do I get compensation if the airline cancels instead of delaying?

Cancellations are covered by a separate CAA page with different rules, so the delay amounts above should not be assumed to apply.

Does the amount depend on how much I paid?

No. The CAA says compensation is a fixed amount based on flight distance and, on long flights, the length of delay.

Is a technical fault an extraordinary circumstance?

According to the CAA, generally not, following the Jet2 v Huzar and KLM v van der Lans decisions, with hidden manufacturing defects as an exception.

The bottom line

Under UK261, passengers on covered flights are entitled to care during long delays and may claim fixed compensation of £220, £350, £260 or £520 if they arrive more than three hours late, unless the airline shows the cause was an extraordinary circumstance. Technical faults do not usually qualify as one. Claims go to the airline first, then to an alternative dispute resolution provider or the CAA. Keeping receipts and the airline’s explanation of the cause strengthens a claim. This is general information, not legal advice.

Sources

• Delays (caa.co.uk)
• Am I entitled to compensation? (caa.co.uk)
• Downgrading, which sets out which flights UK law covers (caa.co.uk)

Under the Rehabilitation of Offenders Act 1974, most cautions and convictions eventually become “spent”, which means they usually need not be declared. This guide summarises the Ministry of Justice guidance on the Act and the Exceptions Order 1975, published on 28 October 2023 after reforms made by the Police, Crime, Sentencing and Courts Act 2022. The guidance describes the position in England and Wales only. Scotland has its own rules and Northern Ireland has separate legislation. This is general information, not legal advice.

What “spent” means

The Ministry of Justice explains that once a rehabilitation period has run, the person is treated as rehabilitated for that offence and is not obliged to declare it for most purposes, such as applying for most jobs, insurance, some educational courses and housing. Unless an exception applies, an employer cannot refuse to employ, or dismiss, someone because of a spent caution or conviction. A dismissal on that ground may raise the issues covered in the guide to unfair dismissal claims.

Rehabilitation periods for adults

The guidance sets out two groups. For custodial sentences, the period is a “buffer” that starts when the sentence ends, including any licence period:

• a custodial sentence of under one year: 12 months;
• a custodial sentence of between one and four years: 4 years; and
• a custodial sentence of more than four years: 7 years, excluding serious violent, sexual or terrorist offences.

The guidance says the buffer periods are halved for people under 18 at conviction. Custodial sentences include suspended sentences. For other outcomes the period runs from the date of conviction or when the penalty was imposed:

• community order: the length of the order, or two years from conviction if it has no end date;
• fine: one year (six months if under 18);
• conditional discharge: the length of the order;
• absolute discharge: no rehabilitation period;
• simple caution: spent immediately;
• conditional caution: three months, or earlier if the caution ceases to have effect; and
• compensation order: spent when paid in full, so proof of payment from the court should be kept.

Sentences that are never spent

The guidance lists sentences excluded from rehabilitation, including life sentences, public protection sentences, and a sentence of more than four years for the serious violent, sexual or terrorist offences listed in Schedule 18 of the Sentencing Code. Longer custodial sentences outside that group can now become spent for the first time. If an order is described as “indefinite”, the conviction will not be spent until the person returns to court to have the order amended.

New offences and the “drag on” effect

A later caution does not change the period for an earlier conviction. A later conviction does: according to the guidance, neither conviction becomes spent until the periods for both are over. Concurrent sentences from the same proceedings are treated as one term with the longest period applying, and consecutive sentences are added together. Once a conviction is spent it stays spent, even if the person is convicted again.

For road traffic offences, the guidance says an endorsement may become spent after five years (two and a half years if under 18). A fixed penalty notice that imposes no endorsement is not a conviction or caution and falls outside the Act.

Roles where spent convictions must still be disclosed

The Exceptions Order 1975 lists roles and activities where more can be asked, mainly work with children or vulnerable adults, health and social care, the legal system, law enforcement, and some financial positions. The job advert will usually mention a standard or enhanced Disclosure and Barring Service check. For these roles the guidance says spent items must still be disclosed in these circumstances:

• a caution for a specified offence (serious sexual, violent or safeguarding offences), at any time;
• a caution for a non-specified offence, if under six years old;
• a conviction for a specified offence, or one that led to a custodial sentence, at any time; and
• a conviction for a non-specified offence, if under 11 years old for an adult, or 5.5 years for someone under 18 at the time.

Other items are “protected” and need not be disclosed, except for a small number of roles requiring the utmost integrity, such as police constables and judicial appointments, where full disclosure is required.

Insurance, housing and immigration

The guidance states that insurers may ask about convictions, but spent ones need not be disclosed, and a person who is not asked need not volunteer anything. For housing, unspent convictions must be disclosed if asked but spent ones need not be. Immigration and nationality decisions are exempt from the Act, so both spent and unspent convictions can be considered by the Home Office.

FAQs

Is there an official way to check whether a conviction is spent?

Yes. The Ministry of Justice guidance points to a GOV.UK online tool, the Disclosure Checker, and to the charities Nacro and Unlock for advice.

Does a fixed penalty notice count as a conviction?

Generally not. The guidance says fixed penalty notices are not convictions or cautions, except where one imposes a road traffic endorsement.

Does the same law apply across the whole UK?

No. The guidance covers England and Wales. Scotland applies the 1974 Act with differences, and Northern Ireland has its own order.

The bottom line

In England and Wales a caution or conviction becomes spent once its rehabilitation period has run, and most employers, insurers and landlords may then not ask about it. Periods vary from immediate for a simple caution to a sentence-plus-buffer for custody, and a new conviction can extend an earlier one. Roles on the Exceptions Order require more disclosure, and some serious sentences never become spent. For a specific record, the Disclosure Checker or a charity such as Nacro or Unlock can confirm the position. This is general information, not legal advice.

Sources

• Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975, Ministry of Justice, 28 October 2023 (gov.uk)

Conveyancing is the legal work of transferring ownership of a home from the seller to the buyer. In England and Wales it follows a set order, and an offer has no legal force until contracts are exchanged. This guide follows GOV.UK’s guide to buying a home, the Law Society’s consumer guidance and HM Land Registry’s fraud advice. It covers England and Wales only, because Scotland and Northern Ireland use different systems. It is general information, not legal advice.

Who can carry out the legal work

GOV.UK says the legal work can be handled by a solicitor, a licensed conveyancer, a chartered legal executive or a CILEX practitioner. The Law Society adds that firms in its Conveyancing Quality Scheme meet its standards of expertise and client service.

GOV.UK says a buyer must be told if an estate agent or lender receives a referral fee for recommending a legal professional, and nobody has to use the firm recommended. The Law Society advises comparing costs and checking what is payable if the sale falls through, because some solicitors charge even when a purchase does not complete. The guide to solicitor fees explains the charging models, and checking that a solicitor is regulated covers the first safeguard.

From offer to draft contract

Offers are usually made through the seller’s estate agent. GOV.UK states that an offer is not legally binding in England and Wales until contracts are exchanged, and an offer made “subject to contract” leaves the price open to renegotiation, for example after a survey finds a defect. The Law Society says the buyer can renegotiate or withdraw at any point before exchange.

The Law Society also describes an optional reservation agreement, drawn up between the solicitors to show commitment. If the seller changes their mind before exchange the seller may have to pay the buyer compensation, and a buyer who withdraws may have to pay the seller.

GOV.UK says the seller is responsible for drawing up the contract. It sets out the price, boundaries, fixtures and fittings included, legal restrictions or rights such as public footpaths, planning restrictions, services and the completion date.

Searches and enquiries

The buyer’s solicitor makes enquiries about the property, known as searches. The Law Society lists the usual ones:

• an HM Land Registry check, to prove that the seller is the legal owner;
• a local authority search, made up of the Local Land Charges Register (which can reveal planning decisions, tree preservation orders and money owed to the council) and enquiries about issues such as proposed roads and building regulation consent;
• an environmental search, covering contaminated land, radon and flood risk; and
• a water and drainage search, using the CON29DW form.

The Law Society says lenders insist on certain searches, and that they are not mandatory for a cash buyer but are usually carried out anyway. GOV.UK notes they are normally paid for up front.

Exchange of contracts

Once both sides are content, each signs a copy of the contract and the solicitors swap them. The Law Society says the buyer’s solicitor also transfers the deposit to the seller at this point. GOV.UK says the agreement to sell and buy becomes legally binding on exchange and usually neither side can pull out without paying compensation. The Law Society warns that a buyer who withdraws after exchange could lose the deposit and face other legal costs.

Completion, tax and registration

Completion is when the balance of the price is paid. The Law Society describes it as the buyer’s solicitor transferring the purchase price less the deposit already paid, after which the buyer owns the property and can collect keys once the Code for Completion has been followed by both solicitors and the seller’s solicitors have received the money.

The Law Society says the solicitor will usually arrange payment of Stamp Duty Land Tax to HMRC within 14 days of completion for property in England, while Land Transaction Tax is payable to the Welsh Revenue Authority within 30 days for property in Wales. The solicitor then applies to HM Land Registry to register the buyer as owner, and the Law Society states that registration cannot take place until the Land Registry has evidence that the tax return was made.

Fraud risks during a purchase

GOV.UK warns that buyers should check they are speaking or emailing the person or business they think it is, and that money goes to the correct account. HM Land Registry’s blog describes payment diversion fraud, in which criminals pretend to be solicitors, estate agents or buyers and use fake email addresses or invoices. It reports 143 cases of conveyancing fraud to Action Fraud between April 2024 and March 2025, with losses of £11.7 million. HM Land Registry also promotes its free Property Alert service, which emails owners about significant activity on a property they monitor.

FAQs

Is an accepted offer binding in England and Wales?

No. GOV.UK says an offer is not legally binding until contracts are exchanged.

How long does a purchase take?

GOV.UK says buying a home takes about five months on average, and longer if the buyer is part of a chain.

When do I become the owner?

Ownership passes at completion, when the solicitor transfers the money and the transfer documents are released, according to GOV.UK and the Law Society.

Who can I complain to about the legal work?

GOV.UK directs complaints about a legal professional to the Legal Ombudsman, after using the firm’s own complaints procedure. The guide to complaining about a solicitor explains the route.

The bottom line

In England and Wales a home purchase is legally binding only at exchange of contracts, when the deposit moves and the completion date is fixed. Before that point both sides can withdraw, and searches, survey and mortgage offer should be settled. After completion the solicitor deals with tax and Land Registry registration. A regulated legal professional, costs agreed in advance and checked payment details guard against the main risks. This is general information, not legal advice.

Sources

• Buying a home (gov.uk)
• Buying a home (lawsociety.org.uk)
• How HM Land Registry works to protect property owners (hmlandregistry.blog.gov.uk)

A consumer who buys from a trader online, by phone or by post can usually change their mind for a limited period. The right comes from Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which the version on legislation.gov.uk marks as applying across the UK. This guide summarises the provisions on cancellation, refunds and exceptions. Rights for faulty goods arise separately, under our guide to the Consumer Rights Act 2015. This is general information, not legal advice.

Which contracts are covered

Regulation 27 says Part 3 applies to distance and off-premises contracts between a trader and a consumer. It does not apply to passenger transport services, and it does not apply to off-premises contracts where the payment is not more than £42. A purchase made in a shop is not a distance contract, so the cancellation period does not apply to it.

The cancellation period and when it starts

Under regulation 29, a consumer may cancel a distance or off-premises contract during the cancellation period without giving any reason and without liability, other than the specific costs the regulations allow. Regulation 30 sets the length of the period:

• Service contracts (and digital content not supplied on a tangible medium): 14 days after the day the contract is entered into.
• Sales contracts: 14 days after the day the goods come into the physical possession of the consumer or a person, other than the carrier, whom the consumer named to take them.
• Multiple goods delivered on different days, or in lots: 14 days after the last delivery.
• Regular delivery over a defined period: 14 days after the first delivery.

Under regulation 31, if the trader does not give the required information about the right to cancel, the period is extended, by up to 12 months in the worst case.

How to cancel

Under regulation 32, the consumer cancels by informing the trader of the decision. The consumer can use the model cancellation form in Schedule 3 or make any other clear statement of the decision. Sending a communication before the period ends counts as cancelling in time. In case of dispute it is for the consumer to show that the contract was cancelled within the period, so keeping proof of when and how the notice was sent is sensible.

Refunds

Regulation 34 requires the trader to reimburse all payments, other than delivery charges, without undue delay and no later than 14 days after the day the trader receives the goods back, or after the consumer supplies evidence of having sent them back if that is earlier. Where the trader offered to collect the goods, or for services, the 14 days run from the day the trader is told of the cancellation. The trader must refund standard delivery, but if the consumer chose a more expensive kind of delivery, the refund is capped at the cost of the least expensive common and generally acceptable kind offered. The refund must use the same means of payment as the original transaction unless the consumer agrees otherwise, and the trader cannot charge a fee for it.

The trader may deduct an amount where handling has diminished the goods’ value beyond what is needed to establish their nature and functioning.

Returning goods

Regulation 35 puts the responsibility on the trader to collect the goods if the trader has offered to collect them, or, in some off-premises cases, if the goods are not normally returnable by post. Otherwise the consumer must send them back or hand them over without undue delay and within 14 days after telling the trader of the cancellation. The consumer bears the direct cost of returning goods unless the trader agreed to bear it or failed to give the required information that the consumer would bear that cost.

Services started during the cancellation period

Under regulation 36, a trader must not start a service before the end of the cancellation period unless the consumer has made an express request (on a durable medium for off-premises contracts). A consumer who cancels after a requested service has begun must pay an amount in proportion to what has been supplied up to the time the trader was told of the cancellation. If the trader failed to give the required information on the right to cancel or on payment of that cost, or the service was not supplied at the consumer’s request, the consumer pays nothing for it.

Exceptions

Regulation 28 lists contracts to which Part 3 does not apply, including goods made to the consumer’s specification or clearly personalised, goods that deteriorate or expire rapidly, contracts for urgent repairs or maintenance specifically requested by the consumer, public auctions, and accommodation, vehicle rental, catering or leisure services with a specific date or period of performance. The right also ceases for sealed goods unsuitable for return on hygiene grounds once unsealed, for sealed audio, video or software once unsealed, and for goods inseparably mixed with other items after delivery.

FAQs

Does the 14-day period start when I order or when the parcel arrives?

For sales contracts the 14 days run from the day after the goods come into your possession; for services, from the day after the contract is entered into.

Do I have to give a reason for cancelling?

No. Regulation 29 says the consumer may cancel without giving any reason.

Who pays to send goods back?

The consumer, unless the trader agreed to pay or failed to tell the consumer beforehand that the consumer would bear the cost.

Can I cancel a made-to-measure item?

Not under these rules. Regulation 28 excludes goods made to the consumer’s specifications or clearly personalised.

The bottom line

The Consumer Contracts Regulations 2013 give UK consumers a 14-day cancellation right on most online, phone and mail-order contracts, without giving a reason. The clock depends on whether goods or services were bought, refunds are due within 14 days of the goods coming back, and the exceptions in regulation 28 remove personalised, perishable and date-specific purchases. Keeping proof of the cancellation notice and checking whether an exception applies protects the consumer’s position.

Sources

• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 27”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 28: Exceptions”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 30: Cancellation period”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 34: Reimbursement”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 35: Goods”
• legislation.gov.uk, “The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 36: Services”
• legislation.gov.uk, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 29
• legislation.gov.uk, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 31
• legislation.gov.uk, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 32

Cutting down or pruning a tree can be a criminal offence if the tree is protected. In England a council can protect trees by a Tree Preservation Order, and trees in a conservation area have a separate notice system. Part VIII of the Town and Country Planning Act 1990 applies in England and Wales, but the detailed government guidance summarised here is for England; Wales has its own procedures, and Scotland and Northern Ireland have separate laws. This is general information, not legal advice.

What a Tree Preservation Order does

Government guidance explains that a Tree Preservation Order is made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. It prohibits cutting down, topping, lopping, uprooting, wilful damage and wilful destruction without the authority’s written consent. In the Secretary of State’s view, cutting roots is also prohibited and needs consent. Consent can be subject to conditions that must be followed.

An Order takes effect on the day the authority makes it. That provisional effect lasts for six months, unless the authority first confirms the Order or decides not to. The guidance says there is no right of appeal to the Secretary of State against the making or confirming of an Order; the appeal right described below concerns applications for work.

What the owner remains responsible for

The guidance says that owners of protected trees must not carry out, or cause or permit, any prohibited activity without written consent. Owners remain responsible for maintaining their trees, and there are no statutory rules on how often or to what standard. A council cannot require maintenance work merely because a tree is protected.

Applying for consent to work on a protected tree

An application is made on the standard form published by the Secretary of State, available through the Planning Portal or from the authority. The council assesses the impact of the proposal on the amenity of the area and whether the proposal is justified, and it must be clear about the work it allows and any conditions. Where consent is refused or granted with conditions, compensation may be payable by the council in some circumstances, so the guidance says the authority should weigh foreseeable loss alongside other considerations.

If the council has not decided the application within eight weeks of receiving it, the applicant may appeal on grounds of non-determination. The council may still issue a decision after eight weeks but cannot decide the application once an appeal has been made and remains outstanding.

Exceptions: dead trees and immediate risk

For a dead tree, the guidance says five working days’ prior written notice must be given to the authority before cutting it down or carrying out other work, unless the work is urgently necessary because of an immediate risk of serious harm. Consent is not required. The guidance says removing dead branches from a living tree needs neither notice nor consent. Where a tree presents an immediate risk of serious harm, written notice must be given as soon as practicable, and the work must go no further than necessary to remove the risk.

Where a tree outside a woodland classification is removed under either exception, the landowner has a duty to plant a replacement. Consent is also not needed for the minimum work necessary to prevent or abate a nuisance in the legal sense, meaning one actionable in law where actual damage is occurring or immediately likely.

Trees in a conservation area

Section 211 of the 1990 Act makes it an offence to do work that a Tree Preservation Order could prohibit on a tree in a conservation area that is not protected by an Order. It is a defence to show that notice of the intended work was given to the local planning authority, with enough detail to identify the tree, and that the work was done with the authority’s consent, or after six weeks from the date of the notice but before two years from that date.

Penalties

Under section 210, it is an offence to cut down, uproot or wilfully destroy a tree in contravention of an Order, or to wilfully damage, top or lop a tree in a way likely to destroy it, or to cause or permit any of those acts. The penalty on conviction is a fine, and the court must have regard to any financial benefit that has accrued or appears likely to accrue from the offence. Section 210 applies in England and Wales. Other breaches of the Order carry a fine of up to level 4 on the standard scale on summary conviction.

Related neighbour issues

A protected tree that overhangs a boundary raises separate questions. This site’s guides to boundary disputes and high hedges explain the position for boundaries and hedge complaints.

FAQs

Do I need consent to prune a protected tree?

Yes. Topping and lopping are prohibited activities without the authority’s written consent, which may be granted subject to conditions.

Can I appeal if the council refuses consent?

Yes. Guidance says an applicant can appeal to the Secretary of State against a refusal, a grant subject to conditions, or a failure to decide within eight weeks.

What about a tree in a conservation area with no Order?

Section 211 requires notice to the council, and work can proceed with consent or after six weeks from the notice, within two years.

Is tree work always an offence if the tree is protected?

No. The guidance sets out exceptions, including dead trees on five working days’ notice and immediate risk of serious harm, each with its own conditions.

The bottom line

Protected trees in England cannot be cut, topped, lopped, uprooted or damaged without the council’s written consent, and trees in a conservation area need six weeks’ notice. An applicant can appeal a refusal, a conditional grant or a delay beyond eight weeks. Checking whether an Order or conservation area status applies before any work begins avoids the fines described in section 210 of the 1990 Act.

Sources

• GOV.UK, “Tree Preservation Orders and trees in conservation areas” (Planning Practice Guidance)
• legislation.gov.uk, “Town and Country Planning Act 1990, section 210: Penalties for non-compliance with tree preservation regulations”
• legislation.gov.uk, “Town and Country Planning Act 1990, section 211: Preservation of trees in conservation areas”

Employees in Great Britain have a statutory right to a reasonable amount of time off work to deal with certain unexpected events involving someone who depends on them. The right is in section 57A of the Employment Rights Act 1996, which applies in England, Wales and Scotland, and it is enforced through section 57B. This is general information, not legal advice.

Who can use the right

The right belongs to employees. Government guidance tells people to check their employment status, because the right applies to those classed as employees rather than to every worker. Our guide to employment status explains how that test works. There is no minimum length of service in the wording of section 57A(1).

Who counts as a dependant

Under section 57A(3), a dependant is the employee’s spouse or civil partner, child or parent, or a person who lives in the same household, provided that person is not living there as the employee’s employee, tenant, lodger or boarder. The definition is wider for two of the situations. For assistance when someone falls ill or is injured or assaulted, and for arranging care for someone who is ill or injured, it also includes any person who reasonably relies on the employee. For unexpected disruption or termination of care arrangements, it includes anyone who reasonably relies on the employee to arrange care. Government guidance lists a spouse, partner, child, grandchild, parent or someone who depends on you for care. Illness or injury includes mental illness or injury (section 57A(6)).

The five situations covered

Section 57A(1) entitles an employee to be permitted a reasonable amount of time off during working hours to take action that is necessary:

• to provide assistance when a dependant falls ill, gives birth or is injured or assaulted;
• to arrange care for a dependant who is ill or injured;
• because of the death of a dependant;
• because of the unexpected disruption or termination of arrangements for a dependant’s care; or
• to deal with an unexpected incident involving the employee’s child while an educational establishment is responsible for the child.

The wording focuses on necessary action. GOV.UK gives the example of a child falling ill, where an employee could take time off to see a doctor and make care arrangements. If the employee wants to look after the child for longer, the employer may ask them to take annual leave or parental leave.

How much time off is reasonable

The statute does not fix a number of days. GOV.UK says the allowance is a reasonable amount of time, with no set amount because it depends on the situation, and that there is no limit on how many times an employee can take time off for dependants. The employer may want to talk if they think the time off is affecting the employee’s work. In practice the right is designed for emergencies and short-term arrangements, not for extended caring, which is why guidance points towards annual leave, parental leave or compassionate leave for longer periods.

Telling your employer

Section 57A(2) sets two conditions. The employee must tell the employer the reason for the absence as soon as reasonably practicable, and must say how long they expect to be away, unless that cannot be done until after they have returned to work. Both matter: an employee who fails to give the reason may find the statutory protection does not apply. A short message covering the reason and the likely length is enough to satisfy the wording.

Planned events are not covered

The right is for unforeseen situations. GOV.UK states that an employee cannot have time off if they knew about the situation beforehand, and gives the example of taking a child to a planned hospital appointment. That kind of absence may be better handled through parental leave or a flexible working arrangement. Our guide to flexible working requests explains the process for changes to working patterns.

Pay

GOV.UK says an employer may pay an employee for the time off but does not have to, and suggests checking the contract, company handbook or intranet for any rules. Compassionate leave, which can be paid or unpaid, may be available where dependant leave is not given, again depending on the contract or workplace policy.

If the employer refuses

Section 57B lets an employee complain to an employment tribunal that the employer unreasonably refused to permit the time off. The complaint must ordinarily be presented within three months of the refusal, with a further period allowed if the tribunal accepts it was not reasonably practicable to file in time. The time limit is extended where early conciliation applies; see our guide to ACAS early conciliation and tribunal time limits. If the complaint succeeds, the tribunal must make a declaration and may award compensation the tribunal considers just and equitable, having regard to the employer’s default and any loss attributable to it.

FAQs

Can I take dependant leave if my child’s school closes for a planned inset day?

No. The educational-establishment limb covers unexpected incidents involving the child, and government guidance excludes situations known about in advance.

Does my partner count as a dependant if we live together but are not married?

Section 57A(3) covers a spouse or civil partner, and separately a person who lives in the same household as the employee other than as an employee, tenant, lodger or boarder, so a cohabiting partner can qualify.

Must the time off be paid?

No. Government guidance says employers may pay for it but do not have to, so pay depends on the contract or workplace policy.

The bottom line

Section 57A gives employees across Great Britain a right to reasonable time off for genuine emergencies involving a dependant. It covers five defined situations, needs prompt notice of the reason and expected length, and does not cover planned events. Pay is not guaranteed, and an unreasonable refusal can be taken to an employment tribunal within three months, subject to conciliation extensions.

Sources

• legislation.gov.uk, “Employment Rights Act 1996, section 57A”
• legislation.gov.uk, “Employment Rights Act 1996, section 57B”
• GOV.UK, “Time off for family and dependants”

Every employment relationship in Great Britain that has lasted a month or more carries a legal minimum notice period, whatever the contract says. Section 86 of the Employment Rights Act 1996 sets the minimums, and sections 87 to 91 say what pay the employee is owed while notice runs. The provisions apply in England, Wales and Scotland. This is general information, not legal advice.

The minimum an employer must give

For an employee with at least one month of continuous employment, section 86(1) sets the minimum notice an employer must give to end the contract:

• one week if continuous employment is less than two years;
• one week for each complete year if employment is two years or more but under twelve years;
• twelve weeks if employment is twelve years or more.

So someone with five years’ service is owed at least five weeks, and the figure never rises above twelve weeks. Where a contract states a longer period, the longer period applies: GOV.UK says an employee must be given at least the notice in the contract or the statutory minimum, whichever is longer.

The minimum an employee must give

Section 86(2) requires an employee who has been continuously employed for one month or more to give at least one week’s notice. That figure stays at one week however long the employee has worked. When a contract says more, it is the contract term that binds the employee. The statutory figure is the floor, not a cap on what the contract may ask for.

Shorter contractual notice does not override the statutory floor

Under section 86(3), any contract provision for shorter notice takes effect only subject to the statutory minimums. An employer who has a contract clause promising, say, two weeks’ notice to a worker with six years’ service still has to give six weeks. The same subsection preserves two things: either side can waive their right to notice on a particular occasion, and payment in lieu of notice can be accepted. Section 86(4) adds that where an employee has three months’ service on a contract for a fixed term of one month or less, the contract is treated as being for an indefinite period, so the notice rules apply to it.

Pay and rights during the notice period

Sections 87 to 91 protect earnings while notice runs. Under section 88, if the employee has normal working hours, the employer must pay at least the normal remuneration for any part of those hours in which the employee is ready and willing to work but no work is provided, is off sick, is on pregnancy, maternity, adoption, paternity or another listed family-related leave, or is on holiday. Payments such as sick pay or holiday pay count towards that liability. Section 89 does the equivalent for employees without normal working hours: at least a week’s pay for each week of notice, provided the employee is ready and willing to do work of a reasonable amount.

Section 91 lists limits. No payment is due under sections 88 or 89 for absences taken with the employer’s agreement at the employee’s request, or where an employee who has given notice takes part in a strike before the contract ends. If an employer rightfully treats an employee’s breach as ending the contract, no payment is due for the period after that termination.

Payment in lieu and dismissal without notice

Section 86(6) states that the section does not affect either party’s right to treat the contract as terminable without notice because of the other’s conduct. GOV.UK gives violence as an example of a situation in which dismissal can be immediate. Otherwise, an employer who ends the contract without the required notice is in breach, and section 91(5) says the rights in sections 87 to 90 are taken into account when assessing liability for that breach. Payment in lieu of notice is lawful where the contract allows it or the employee accepts it. On GOV.UK’s redundancy page, an employee paid in lieu should receive all the basic pay they would have earned during the notice period, plus contractual extras such as pension contributions.

The written reasons for a dismissal

Section 92 gives a dismissed employee the right to a written statement of the reasons if they ask for one and have at least two years’ continuous service. The statement must arrive within 14 days of the request. The right applies without a request, and regardless of service length, if the employee is dismissed while pregnant or in circumstances where a maternity leave period ends because of the dismissal. For the wider question of when a dismissal may be unfair, see our guide to unfair dismissal claims, and for pay on a redundancy, see redundancy rights.

FAQs

Does the statutory minimum apply in my first month?

No. The section 86 minimums apply to those continuously employed for one month or more; a shorter period of service is governed by the contract.

Can my employer and I agree to skip notice?

Yes. Section 86(3) says either party may waive notice on an occasion or accept a payment in lieu, but a contract term simply setting less than the statutory minimum does not bind.

Are these rules different in Scotland?

The provisions of section 86 are marked as applying to England, Wales and Scotland, so the same statutory minimums apply across Great Britain.

The bottom line

The statutory minimums are simple: one week from an employee, and from an employer one week per complete year of service up to twelve weeks. The contract can promise more but not less. During notice, sections 88 and 89 protect the employee’s pay when work is not provided or when they are off sick or on family leave, and a dismissed employee with two years’ service can ask for written reasons within a 14-day response time.

Sources

• legislation.gov.uk, “Employment Rights Act 1996, section 86”
• legislation.gov.uk, “Employment Rights Act 1996, section 88”
• legislation.gov.uk, “Employment Rights Act 1996, section 89”
• legislation.gov.uk, “Employment Rights Act 1996, section 91”
• legislation.gov.uk, “Employment Rights Act 1996, section 92”
• GOV.UK, “Redundancy: your rights, notice periods”
• GOV.UK, “Dismissal: your rights”

The Party Wall etc. Act 1996 gives a homeowner who plans certain building work next to a neighbour a set procedure to follow, and gives the neighbour a way to have their say. It applies throughout England and Wales, but not in Scotland or Northern Ireland. This is general information, not legal advice.

What the Act covers in England and Wales

Government guidance describes the Act as a framework for preventing and resolving disputes about party walls, boundary walls and excavations near neighbouring buildings. The person doing the work is the “building owner”; the neighbour is the “adjoining owner”. Three kinds of work are caught:

• new building on or at the boundary of two properties (section 1);
• work to an existing party wall or party structure, such as cutting in a beam for a loft conversion, raising the wall, underpinning it or removing a chimney breast (section 2);
• excavation close to a neighbouring building and below its foundations (section 6).

What counts as a party wall

The Act recognises two main types. The first is a wall that stands astride the boundary between land owned by different people, including a masonry garden wall used to separate the land, but not a timber fence or hedge. The second is a wall that stands wholly on one owner’s land but is used by two owners to separate their buildings. The wider term “party structure” covers floors and partitions between flats. For disputes over where the line actually runs, see our guide to boundary disputes in England and Wales; the Act’s surveyors cannot decide the location of a boundary.

Notice periods for each type of work

The notice must be in writing. There is no official form, but it should give the building owner’s name and address, the address of the building, a full description of the work and the proposed start date. The minimum notice depends on the work:

• Work to an existing party wall (section 2): at least two months before the work starts.
• A new wall on or against the boundary (section 1): at least one month.
• Excavation near a neighbour’s building (section 6): at least one month. The Act applies where the work is within 3 metres of a neighbouring building and goes deeper than its foundations, or within 6 metres and meets a line drawn downwards at 45 degrees from the bottom of those foundations.

A notice is valid for a year, so serving it far in advance is pointless.

What the neighbour can do after receiving a notice

An adjoining owner has three options: consent in writing, refuse consent, or do nothing. If they do nothing for 14 days, a dispute is treated as having arisen. For a new wall built astride the boundary, the neighbour must consent in writing within 14 days; if they do not, the building owner has to build wholly on their own land and at their own expense. An adjoining owner may also serve a counter-notice within one month asking for additional or modified work for their own benefit. The neighbour cannot stop work the Act entitles the other owner to carry out, but can influence how and when it is done.

Party wall surveyors and the award

If there is a dispute, the owners can agree on a single “agreed surveyor” or each appoint their own, with the two choosing a third to step in if they disagree. A surveyor must not be a party to the matter, so an owner cannot act for themselves, and the person should not already be supervising the building work. Their decision is set out in a party wall award, which typically records the work, the times and manner in which it may be done, any protective measures and the condition of the neighbouring property before work begins, plus access for inspection.

If a neighbour will not appoint a surveyor after a dispute has arisen, the building owner can appoint one on their behalf. An award is binding unless a county court rescinds or modifies it, and each owner has 14 days from service of the award to appeal.

Who pays for the work and the fees

Where the work is solely for the building owner’s benefit, the building owner normally pays the costs of the award, including the neighbour’s reasonable surveyor fees. There are no set fees; the amounts are for negotiation, and an owner who thinks a fee is unreasonable can ask for a breakdown such as an hourly rate and hours charged. Costs can be shared where work is needed because of a defect or lack of repair, in proportion to each owner’s use of the wall and responsibility for the defect, or where the neighbour asks for extra work for their own benefit. The building owner must also make good damage caused by the works, or pay in lieu if the neighbour asks, and must provide temporary protection where necessary.

What happens if no notice is served

The Act contains no enforcement procedure for failing to serve notice. However, government guidance says an adjoining owner may seek a court injunction to stop the work or pursue other legal redress.

FAQs

Do I need a notice to remove a chimney breast?

Yes, if the chimney breast is part of a party wall, removing it is one of the works the Act lists, so notice under section 2 is required.

Can my neighbour refuse to let me build a party wall on the boundary?

For a new wall astride the boundary, written consent is required. Without it, the wall must be built entirely on the building owner’s own land.

Does the Act apply in Scotland?

No. Government guidance states that the Act does not apply to Scotland or Northern Ireland.

The bottom line

Anyone planning work on or near a shared wall in England or Wales should decide early which section applies, serve written notice of the right length, and expect a 14-day response window. Consent is helpful but does not remove ongoing duties. If a dispute arises, an impartial surveyor produces an award that fixes the terms, and the building owner usually carries the surveyor costs for work that benefits only them.

Sources

• GOV.UK, “Preventing and resolving disputes in relation to party walls”
• GOV.UK, “The Party Wall etc. Act 1996: explanatory booklet”