When purchasing a modern property, buyers are often told that the estate rentcharge is only a modest annual sum, perhaps a few hundred pounds a year. Naturally, many assume it is little more than a service charge by another name.

The reality is rather different.

Estate rentcharges are commonly used on modern housing developments where roads, open spaces, drainage systems or communal areas are privately maintained rather than adopted by the local authority. Property owners contribute towards these costs through an estate charge, which is frequently secured by a rentcharge.

The issue is not the amount payable, but the legal remedies available if it is not paid.

Under many estate rentcharge arrangements, the rentcharge owner has significant enforcement powers. In certain circumstances, these can include the ability to grant a lease over the property or take other enforcement action to recover unpaid sums and associated costs. While these powers are rarely exercised, their existence can create difficulties for mortgage lenders.

A lender’s primary concern is protecting its security. If a third party has rights that could adversely affect the property’s title or create interests ranking ahead of, or interfering with, the lender’s mortgage, the property may become less attractive as lending security. This risk exists regardless of whether the annual charge is £50 or £500.

Problems often arise where transfer deeds contain particularly wide enforcement provisions. Some modern transfers allow remedies not only for non-payment of the estate charge but also for breaches of wider covenants affecting the property. From a lender’s perspective, this creates uncertainty and can impact the future marketability of the property.

Mortgage lenders increasingly scrutinise estate rentcharge provisions due to concerns that statutory enforcement remedies may prejudice their security. Depending on the lender’s requirements and the terms of the rentcharge, a deed of variation may be required before a mortgage can proceed. Such variations may exclude or restrict statutory enforcement remedies, limit the circumstances in which enforcement can be pursued, and require prior notice to be given to the mortgage lender together with an opportunity to remedy the default before enforcement action is taken.

For buyers, estate rentcharges should never be dismissed as a routine annual payment. The wording of the transfer deed is critically important and can have significant implications for mortgageability, future sales and remortgages.

As with many aspects of conveyancing, the detail matters. What appears to be a small annual charge can, if drafted poorly, become a significant issue for both homeowners and lenders.

Artificial intelligence is an impressive tool. It can summarise information, generate ideas and even produce documents that appear polished and persuasive. However, a recent decision of the Employment Appeal Tribunal (EAT) serves as a stark warning to anyone considering using ChatGPT or other generative AI platforms to prepare Employment Tribunal proceedings without professional legal advice.

The message from the EAT is clear: if you submit documents to a court or tribunal, you are responsible for their contents, whether they were written by you, your solicitor, or ChatGPT.

The Case: Hancox v Sutherland and Others [2026] EAT 139

In Mr T Hancox v Kenneth Sutherland and Others [2026] EAT 139, a litigant in person appealed a strike out decision and filed a 300-page skeleton argument generated using ChatGPT, containing almost 132,000 words.

The EAT described the document as “entirely unacceptable”, finding that it failed to comply with the Tribunal’s Practice Direction and that it served to”obscure rather than to illuminate” the issues. Rather than assisting the Tribunal, the document made the appeal more difficult to understand.

Perhaps even more concerning was the appellant’s suggestion that the respondents should identify any inaccuracies, incorrect quotations, faulty references or other errors in the document. The EAT firmly rejected this approach, emphasising that the responsibility for checking the accuracy of AI-generated material rests squarely with the person submitting it.

The Growing Problem With AI in Litigation

The EAT noted that it has seen a significant increase in the use of AI-generated documents in legal proceedings. While the Tribunal accepted that AI can potentially assist litigants in person, it highlighted the substantial dangers associated with relying on AI without careful scrutiny.

These dangers include:

• Inventing legal authorities that do not exist.
• Misquoting genuine cases.
• Misstating legal principles.
• Referring to incorrect statutory provisions.
• Producing lengthy and unfocused submissions.
• Omitting crucial procedural requirements.
• Including arguments that have no legal relevance.

Why This Matters in Employment Tribunal Cases

Many prospective claimants are tempted to save legal costs by asking ChatGPT to draft an ET1 claim form or other documents within the proceedings.

That decision can prove extremely costly.

Employment Tribunal claims are won and lost at an early stage. The details contained within an ET1 often define the scope of the case. A poorly drafted claim can:

• Exclude valid causes of action.
• Fail to identify the correct respondent.
• Miss important limitation issues.
• Omit key factual allegations.
• Prevent important claims from being pursued later.
• Lead to strike out applications or deposit orders.

An AI-generated claim may look professionally written, but that does not mean it is legally correct. In fact, one of the greatest risks is that AI often writes with complete confidence, even when it is wrong.

A claimant who relies upon an inaccurate AI-generated pleading may find themselves facing procedural challenges, adverse costs arguments, or even having potentially valuable claims dismissed.

The Tribunal Will Not Accept “ChatGPT Made the Mistake”

One of the most important aspects of the EAT’s guidance is that responsibility cannot be delegated to AI.

The EAT stated that litigants using AI must ensure that documents:

1. Comply with procedural rules.
2. Have been checked thoroughly for factual and legal accuracy.
3. Contain only relevant points presented clearly and concisely.

If those checks are not carried out, the Tribunal warned that judicial scrutiny and potential sanctions may follow.

In other words, “ChatGPT drafted it” will not be an excuse.

The Value of Professional Legal Advice

Employment law is not simply about completing forms. It requires strategic judgment.

An experienced employment solicitor will consider:

• The strongest causes of action available.
• Whether claims are in time.
• The evidence needed to prove those claims.
• The likely value of compensation.
• Settlement opportunities.
• Procedural risks.
• How allegations should be pleaded to maximise prospects of success.

These are matters that require legal expertise and experience, not merely the ability to generate text.

AI may be a useful administrative tool. It is not a substitute for professional legal advice.

How We Can Help

Whether you are bringing a claim against your employer or defending proceedings as an employer, obtaining specialist legal advice at an early stage can significantly improve your prospects of success.

We regularly assist clients with:

• Drafting ET1 and ET3 forms.
• Advising on unfair dismissal, discrimination and whistleblowing claims.
• Preparing witness statements.
• Negotiating settlement agreements.
• Representing parties at Employment Tribunal hearings and appeals.

If you are considering bringing or defending an Employment Tribunal claim, contact our employment law team for specialist advice before submitting documents that could have lasting consequences for your case.

 

The Government has announced the timetable for introducing the new landlord registration scheme under the Renters’ Rights Act 2025, marking another significant change for the private rented sector in England.

The new service, known as Register Your Rental Property (referred as the PRS Database under the Act), will launch on 15 December 2026, initially covering the West Midlands before being rolled out across England over the following 12 months.

Under the new regime, landlords of assured and regulated tenancies will be required to register themselves and their rental properties. Landlords will have to provide key compliance information, including gas safety, electrical safety and energy performance details and tenancy deposit compliance.

The Government has confirmed that landlords in each region will generally have a three-month period to register once the scheme becomes active in their area. Failure to register may result in penalties.

What Does This Mean for Landlords?

Landlords should begin preparing now by ensuring that property records and compliance documentation are up to date. The new registration database is expected to become a central feature of the private rented sector and forms part of the wider reforms introduced by the Renters’ Rights Act 2025.

If you are a landlord and would like advice on the changes introduced by the Renters’ Rights Act 2025, or assistance with possession proceedings and tenancy management, our specialist landlord and tenant team would be happy to help.

What are conveyancing searches?

When you are buying or remortgaging a property, your conveyancer will usually arrange searches early on. These searches help flag any legal, practical or environmental issues before you exchange contracts. They are not the same as a survey: searches look at records and information about the property, while a survey is a physical inspection arranged by the buyer.

The main types of searches

• Local land charges search: this checks whether there are any legal restrictions or charges affecting the property. Examples include tree preservation orders, smoke control orders, listed building status, conservation areas and limits on permitted development.
• CON29 enquiries: these give wider information from the local authority. They can cover planning and building regulation history, enforcement notices, nearby roads, public footpaths and whether the land has been recorded as having possible contaminative uses. Together with the local land charges search, this is often called the local search.
• Drainage and water search: this confirms whether the property is connected to public sewers and mains water. It also checks whether any public sewers, drains or water pipes are within the property boundaries, and whether the water supply is metered.
• Environmental search: this looks at past land use and potential risks, such as contamination, flooding, nearby energy projects and, in some reports, the possible future impact of climate change.

Additional searches

Every property is different, so your conveyancer may also recommend extra searches depending on where the property is. These might include chancel, mining, commons or highways searches.

Why search results matter

The results help you and your lender understand whether there is anything that could affect the property’s value, salability or intended use. If something does come up, your conveyancer will explain what it means and talk you through your options before you decide how to proceed.

Summary

In short, conveyancing searches are there to help you make an informed decision. They can reveal issues that may not be obvious from viewing the property, such as planning matters, drainage arrangements, environmental risks or legal restrictions. Your conveyancer will review the results and let you know if anything needs further investigation before you commit to the transaction.

Frequently asked questions

Do I really need conveyancing searches?

In most purchases, yes. Searches help identify issues that may not be obvious from viewing the property. If you are buying with a mortgage, your lender will usually require them.

Are searches the same as a survey?

No. Searches look at records and information about the property and surrounding area. A survey is a physical inspection of the property’s condition.

How long do searches take?

Timescales vary depending on the local authority and the type of search needed. Your conveyancer will let you know if any search is likely to take longer than usual.

What happens if a search raises an issue?

If a search reveals a possible issue, your conveyancer will explain what it means and advise you on the next steps. This may involve asking further questions, requesting documents or considering whether additional protection is needed.

Proposed changes to wills law: could it become easier to challenge a will for undue influence?

Claims that a will was made because of undue influence are notoriously difficult to prove. At present, a person challenging a will must show that the person making the Will (know as the testator) was coerced into making it: in other words, that pressure was applied which overpowered their free will rather than simply persuading them.

This is a high evidential burden. Undue influence often happens behind closed doors, and by the time a will is challenged the person who made it is no longer able to explain what happened. As a result, even suspicious circumstances may not be enough to succeed unless there is clear evidence of coercion.

What is changing?

The Law Commission has recommended reforms designed to modernise wills law in England and Wales. Its final report, Modernising Wills Law, was published in May 2025 and is accompanied by a draft Bill for a new Wills Act. If enacted, this would be a major development: the new legislation would replace the Wills Act 1837, the Victorian statute which still forms the backbone of modern wills law.

Undue influence and disputed wills

One of the proposed reforms concerns testamentary undue influence. The Law Commission recommends that the court should be able to infer that a will was made as a result of undue influence where there are reasonable grounds to suspect it. In deciding whether to draw that inference, the court could consider factors such as the conduct of the person alleged to have exerted influence, whether there was a relationship of influence between that person and the testator, and the circumstances in which the will was made.

This would not mean that every unusual will, or every disappointed beneficiary, would automatically have a claim. However, it could make it easier for genuine concerns about pressure, control or vulnerability to be properly considered by the court.

A wider reform of wills law

The proposed new Wills Act would not only address undue influence. The Law Commission’s recommendations also include changes relating to electronic wills, testamentary capacity, the minimum age for making a will, the rule that marriage or civil partnership revokes a will, and the court’s ability to recognise a person’s true intentions even where formal requirements have not been met.

For now, these are proposed reforms. The draft Bill would need to be enacted before the law changes. However, the direction of travel is clear: wills law may be moving towards a more modern framework that better protects testamentary freedom while also recognising the practical difficulty of proving undue influence.

How we can help

Disputes about wills can be emotionally difficult and legally complex.  We have a solicitor/ partner with specialist knowledge and experience in disputed wills who can advise and act for parties where there are concerns about undue influence, capacity, knowledge and approval, or the validity of a will.

If you are concerned about the circumstances in which a will was made, or if you are an executor/beneficiary defending a will that has been challenged, seeking our advice and input early can make a significant difference. Please contact us to discuss how we can help.