“No-fault” evictions to be banned

by Admin | Jan 7, 2023 | Litigation

A government white paper published on the 15th of June 2022 has set out reforms set to impact the private rental sector.

These reforms include the banning of a section 21 notices, i.e. the ability of landlords to terminate a tenancy by giving notice without giving a reason for termination.

This will be introduced with the aim of providing tenants with greater security in respect of their tenancy and removing tenants’ fear of having their tenancy terminated if they raise a complaint regarding the condition of the property.

New grounds will be introduced to ensure responsible landlords still have a degree of flexibility to terminate a tenancy under the following circumstances:

Where the Landlord wishes to sell the property
Where the Landlord wishes to occupy the property, or a close family member will occupy (although this will only bite after 6 months has passed)
Serious repeated rent arrears – if the tenant has dipped in and out of 2 month rent arrears. Tenant must have been in 2 months’ rent arrears on 3 occasions within the last 3 years.

Further reforms include the introduction of the private landlord’s ombudsman, of which membership will be compulsory. This will provide tenants with an out of court procedure to pursue landlords for any grievances and provide a further level of accountability to tenants.

There may also be further reforms in the pipeline:

Landlords limited to annual rental increases, with the requisite notice period doubling
Landlords no longer able to reasonably withhold tenant’s request for a pet
Landlords no longer able to place a blanket ban on renting to families in receipt of benefits and/ or families with children.

At Thirsk Winton we are always happy to assist with your legal property queries. If you require any legal advice regarding landlord and tenant concerns please feel free to get in touch.

Written by Jessica Egan

1. Introduction

Selling UK residential property as an overseas or offshore company can be straightforward but only if the legal and tax requirements are handled correctly. Overseas sellers often face additional hurdles, including strict UK anti-money-laundering checks, corporate document legalisation, cross-border verification, and tight HMRC tax deadlines. From anti-money laundering (AML) checks to tax compliance and cross-border documentation, the process involves multiple legal and regulatory hurdles. Without expert guidance, these challenges can lead to costly delays and penalties.

As a UK law firm specialising in acting for overseas and offshore companies and clients, including those based in the BVI, Belize, UAE, Saudi Arabia, Qatar, Singapore, Hong Kong, Malaysia, the Bahamas, and other overseas jurisdictions, we help owners complete UK property sales efficiently, securely, and entirely remotely.

This guide explains the key steps, the common pitfalls, and how specialist legal support can ensure a smooth, compliant, and penalty-free sale.

2. Why Overseas Companies Face Additional Requirements,

Overseas companies selling UK residential property must comply with several additional legal and tax obligations, including:

UK anti-money laundering (AML) checks,
Capital Gains Tax (CGT) reporting and payment
Annual Tax on Enveloped Dwellings (ATED) compliance
Certification and legalisation of corporate documents
Verification of directors, shareholders, and beneficial owners
Cross-border banking and repatriation of funds

3. Preparing Corporate Documents Early

Timely preparation of corporate documents is essential to avoid delays. UK solicitors typically require:

Certificate of incorporation
Certificate of incumbency
Memorandum and articles of association
Register of directors and shareholders
Board resolutions approving the sale
Evidence of authority for the signatory

For companies based in the Middle East, Asia, or some other offshore jurisdictions, documents may also require:

Certified translations
Apostille or consular legalisation
Verification of beneficial ownership

4. Meeting UK AML Requirements

UK solicitors must verify the identity of the corporate seller and its ultimate beneficial owners (UBOs). This process becomes more complex when:

Directors reside in multiple jurisdictions
Shareholders are corporate entities
Documents are issued in non-English languages

We use secure digital verification tools and internationally recognised certification procedures to complete AML checks efficiently, without requiring clients to travel to the UK.

5. Understanding UK Tax Obligations

Overseas companies must comply with the following UK tax obligations when selling residential property:

Capital Gains Tax (CGT):

– Since April 2019, non-UK companies must pay CGT on gains from UK residential property.
– A CGT return must be filed within 60 days of completion, even if no tax is due.
– Failure to file on time results in automatic HMRC penalties.

Annual Tax on Enveloped Dwellings (ATED):

– Applies to companies owning UK residential property valued above the ATED threshold.
– Reliefs may apply (e.g., for rental businesses), but must be claimed correctly.

Corporation Tax:

– Depending on the company’s structure and activities, UK corporation tax may also be payable.

6. A Brief Overview of the UK Conveyancing Process

The conveyancing process for selling UK residential property follows a series of structured legal steps. For overseas companies, ensuring early preparation of documents and AML verification helps keep the process efficient. The key stages are:

Offer accepted subject to contract: The seller’s solicitor is instructed and begins preparing the legal documents.
Contract pack issued: This includes the title documents, property information forms, replies to enquiries, and (for leasehold properties) management information.
Buyer’s solicitor review: They examine the title, raise additional enquiries, and carry out searches.
Exchange of contracts: Once all parties are satisfied, contracts are exchanged, creating a legally binding commitment to complete on an agreed date. The buyer usually pays a 10% deposit.
Completion: The buyer transfers the purchase funds, the seller’s solicitor redeems any mortgage, and legal ownership transfers to the buyer.
Post-completion steps: The seller’s solicitor handles any final formalities, including issuing completion statements and coordinating release of funds.

7. Completing the Sale Remotely

Overseas companies can complete the entire UK property sale without visiting the UK. We facilitate remote transactions using:

Electronic signatures (where permitted)
Remote identity verification
Secure digital document exchange
Virtual meetings with solicitors, agents, and stakeholders

8. Repatriating Sale Proceeds

Cross-border banking checks can delay the release of funds. We assist clients by:

Preparing source of funds and source of wealth documentation
Coordinating with UK and international banks
Ensuring compliance with UK and overseas financial regulations

9. Common Mistakes Overseas Sellers Make

Examples:

Not preparing certified documents early
Missing the 60-day CGT deadline
Using uncertified translations
Not understanding ATED exposure
Delays with overseas banks.

10. Why Choose a Specialist UK Law Firm

Working with a UK law firm experienced in international property transactions offers significant advantages:

Direct access to senior solicitors
Fast, responsive communication across time zones
Expertise in Middle Eastern and Asian corporate structures
Personalised, discreet service tailored to overseas clients

11. Action

Selling UK residential property as an overseas company is entirely achievable without delays or penalties provided the process is managed by experienced professionals. Our firm specialises in helping international clients navigate UK legal, tax, and compliance requirements with confidence.

If your company is based in the BVI, Middle East, Asia, or another overseas jurisdiction and you are considering selling UK residential property, contact us today for expert legal support.

Contact: Alan Zeffertt
Email: azeffertt@thirskwinton.co.uk
Tel: +44 (0)20 8505 4777

Disclaimer

This article provides general information only and reflects the legal position at the date of publication. It does not constitute legal advice and should not be relied upon as such.

About Us

Hi, we’re Thirsk Winton LLP and we offer a range of client focused, bespoke legal services to commercial and private clients with a strong focus on niche areas including leasehold enfranchisement, dispute resolution and international notarial services.