Sarah O'Sullivan, Author at Tees Law

Medical Negligence: Plastic surgery claims

Posted on 6 July 202110 July 2025 by Sarah O'Sullivan

Figures suggest that plastic surgery procedures are starting to become popular again, as more people opt to go under the knife. Sarah Stocker, Solicitor in Tees’ medical negligence team in Cambridge, examines the plastic surgery landscape.

If your plastic surgery doesn’t go as planned, you may have options to seek compensation. Many claims arise when doctors fail to adequately inform patients of the risks and potential complications of their procedures. Without this information, you cannot give proper informed consent.

Understanding informed consent

Since June 2016, the surgeon performing your procedure must personally explain the risks and complications to you. This ensures you provide informed consent. Before 2016, other medical staff could handle this discussion, but you should still have been informed of all risks and signed a consent form.

Post-surgery care and support

Even if your surgery is successful, issues can arise during recovery. You should receive appropriate aftercare, including any necessary medication before discharge. Additionally, you must be provided with contact details for your surgeon or a suitably qualified professional for any complications that occur outside of regular hours.

When can you make a compensation claim?

You may be entitled to make a claim if:

You weren’t given sufficient information about the risks and complications, preventing you from giving informed consent.
Your surgery didn’t meet the expected standards, resulting in ongoing pain, scarring, or asymmetry.
An unqualified individual performed your procedure.
A defective product, like a faulty implant, was used.
You received inadequate aftercare, including missing follow-up appointments, incorrect medication, or delayed treatment for infections.

Trends in plastic surgery

The plastic surgery industry peaked in 2015, valued at approximately £3.6 billion, with 51,140 procedures performed in the UK. However, data from the British Association of Aesthetic Plastic Surgeons (BAAPS) showed a 40% decrease in surgeries in 2016.

Several factors contributed to this decline. Societal attitudes shifted towards embracing natural beauty, amplified by the rise of social media influencers and campaigns featuring diverse body types. Additionally, financial uncertainty led people to be more cautious about spending on elective procedures.

Changes in cosmetic surgery regulations

To improve patient safety and address unethical practices, new guidelines were introduced in June 2016. These rules aim to prevent rogue practitioners from prioritizing profits over patient welfare. Although most procedures are safe, every surgery carries some level of risk.

Risks of plastic surgery

The Royal College of Surgeons defines cosmetic surgery as any invasive procedure performed to alter a person’s appearance for non-medical reasons. Women account for 91% of all cosmetic surgeries. The most common procedures include:

Breast augmentation and reduction
Eyelid surgery
Face lifts and neck lifts
Liposuction
Rhinoplasty (nose jobs)

Among men, rhinoplasty remains the most popular choice.

The General Medical Council (GMC) has made it clear that doctors performing cosmetic procedures must:

Avoid making misleading or exaggerated claims about the procedure.
Provide realistic information about the risks involved.
Refrain from using unethical promotional tactics, such as special offers or competitions that trivialize the decision.

Surgeons must market their services responsibly, ensuring all advertising is factual and transparent.

Things to consider before surgery

Before proceeding with cosmetic surgery, it’s essential to have realistic expectations about the results and the psychological impact of undergoing an invasive procedure.

Key considerations include:

Avoid promises of perfection: A reputable surgeon will not guarantee life-changing results.
No pressure: You should never feel rushed or coerced into making a decision.
Meet your surgeon: Before your surgery, meet the surgeon who will perform the procedure. They should be fully insured and certified in their area of practice.
Check qualifications: Following the 2016 guidelines, surgeons must be on the GMC Specialist Register in a relevant specialty. You can verify their credentials on the GMC website.

The future of plastic surgery

In June 2017, further proposals were introduced to enhance patient protection. These changes would allow patients to confirm if their surgeon has the necessary qualifications through the public medical register.

Currently, any doctor can legally perform cosmetic surgery without formal training. The proposed system would clearly indicate which doctors hold a Royal College of Surgeons certificate in cosmetic surgery.

There have also been calls to ban cosmetic procedures for under-18s after reports emerged of young children being targeted by cosmetic surgery apps. These apps have been criticised for promoting invasive procedures to impressionable young audiences.

Need legal support?

If you have experienced complications before, during, or after cosmetic surgery, contact us today to discuss your options.

Advice on opening a French branch or subsidiary post-Brexit

Posted on 15 June 20218 July 2025 by Sarah O'Sullivan

Brexit has introduced significant barriers to trade between the UK and the EU. Many companies are struggling with increased red tape, delays, and complex restrictions, making cross-border business more challenging than ever.

To mitigate these difficulties, a growing number of UK businesses are considering establishing a branch office or subsidiary in France. With its streamlined processes and strategic location, France offers one of the quickest and most practical solutions for maintaining an EU presence.

In this guide, we’ll explain the differences between a branch and a subsidiary, walk you through the setup process, and outline key legal considerations.

Branch vs. Subsidiary: Which is right for your business?

Choosing between a branch and a subsidiary depends on your business goals. Each structure has its advantages and legal implications.

What is a Branch?

A branch is an extension of your UK company rather than a separate legal entity. It has no independent legal personality, simplifying the setup process.

Benefits of a French branch:

Faster and easier setup
No need to draft new statutes or incorporate a separate entity
Cost-effective compared to a subsidiary

Key requirements:

Provide certified French translations of company documents (e.g., Articles of Association)
Register with the French Commercial Court Registry
Publish an announcement in a legal journal

What is a subsidiary?

A subsidiary, unlike a branch, is an independent legal entity incorporated under French law. While it requires more administrative effort, it offers greater legal protection and operational flexibility.

Benefits of a French subsidiary:

Separate legal responsibility from the parent company
Easier to establish business contracts with French companies
Enhanced credibility in the French market

Key steps to set up a subsidiary:

Draft company statutes
Open a corporate bank account in France
Register the company with the Commercial Court
Appoint a legal manager and accountant

Hiring employees for your French Office

Both branches and subsidiaries can employ staff. However, French employment law will apply, and it’s crucial to comply with local regulations. During the initial phase, you can second employees from your UK company for up to 12 months, subject to renewal in certain cases.

Important Considerations:

Employment contracts must meet French legal standards
French law mandates public order rules that cannot be waived
Provide competitive salaries and benefits in line with French norms

Navigating French Commercial law Post-Brexit

Since Brexit, many French companies prefer formal contracts governed by French law. It’s essential to understand key principles in French commercial law, including:

Duty to inform: Businesses must disclose critical information during negotiations.
Abuse of dependency: Contracts may be invalidated if they result from an imbalance of power.
Unilateral price setting: Allowed in framework contracts, provided prices are justified.
Imprévision: Contracts may be renegotiated in the event of unforeseen circumstances.
Contract termination rights: Contracts without end dates are terminable without notice.

Resolving commercial disputes in France

Commercial disputes in France are handled by specialised Tribunaux de Commerce, ensuring faster, cost-effective resolutions. The Paris Commercial Court even has an international division with English-speaking judges, providing a practical option for UK businesses.

Partner with French legal experts

Setting up a branch or subsidiary in France can provide significant advantages in navigating Brexit trade challenges. Our specialist French Avocat Hervé Blatry offers tailored legal support, guiding you through every step of the process.

Employment tribunal: A guide for employers

Posted on 28 May 20219 July 2025 by Sarah O'Sullivan

If not managed effectively, workplace conflict can be hugely costly for employers and lead to employment tribunal claims. According to new research from ACAS, nearly 10 million people experienced conflict at work in 2018/19. As a result, close to 900,000 took time off and nearly half a million resigned. In addition, 300,000 employees were dismissed due to conflict. According to the report, the management and resolution of such conflicts costs employers a staggering £28.5 billion every year. However investment in early intervention and measures to promote effective resolution of disputes can save businesses time and money and reduce the risk of potentially damaging litigation.

What are common reasons for employment tribunal claims?

Common claims include:

unfair dismissal
disputes relating to redundancy
breach of contract
discrimination (for example on the grounds of disability, gender, race, sexual orientation or other protected characteristic)

Managing conflict in the workplace: How to avoid a legal dispute

If workplace issues are not dealt with promptly, they may escalate rapidly and result in legal claims against you. According to a CIPD survey, one key thing employees want from their employers when they raise an issue is simply to be listened to.

Just under a third (31%) of respondents to the survey said their employer didn’t take them seriously when they raised an issue, while nearly half (48%) said they felt their employer had prioritised the other party’s interests over their own.

Listen

One of the most important things you can do is take issues raised seriously and give any employee who is angry or frustrated the time they need to talk about what has happened. Speaking with them privately, actively listening to their views and acting upon the complaint swiftly can be key to preventing disputes and conflict from intensifying.

If a formal grievance procedure or disciplinary process is required to effectively deal with the matter, then it should be initiated as appropriate with careful regard for your internal procedures and ACAS Code and guidance as applicable.

Take advice

Employers should take professional HR and legal advice at an early stage to ensure they can make informed choices about how to manage conflict and disputes effectively and in accordance with current employment law requirements. Employers may unwittingly fall foul of the law when they fail to seek legal advice, for example behaving in a way they do not realise may be discriminatory.

Having an employment law solicitor on hand who has an in-depth understanding of the complexities of your case can go a long way to solving grievances before they have a chance to escalate. Even if the relationship between the parties breaks down, legal professionals will ensure you conduct yourself in a way that gives employees few grounds for taking their complaint further.

Be fair

It is imperative that you can demonstrate a fair process has been followed when dealing with the dispute or grievance and that any decision makers consider matters objectively and based on the evidence before them. Your solicitor can advise you on how best to deal with the issue in a neutral and unbiased manner.

Keep a paper trail

Whether you are investigating a grievance, initiating disciplinary proceedings against an employee or dismissing a staff member, you should keep a clear paper trail as evidence. This includes records of meeting invitations and detailed notes of what was said, in addition to any emails sent or received.

If the case does proceed, you will be able to provide hard evidence that you have acted appropriately.

What happens if I am taken to an employment tribunal?

To submit a claim, your employee will normally first have to notify ACAS that they intend to do so. They will try and help you resolve the issue through a process called early conciliation, whereby they support both parties to negotiate settlement terms. I f neither party wants to attempt early conciliation, or the process fails, then your employee can then submit an ET1 claim form to which you will have 28 days to respond with your defence.

Our employment law solicitors have many years’ experience in helping employers respond successfully to claims, assisting them to prepare the documentation and evidence needed to respond to the claim and representing them at hearings.

Should I offer my employee a settlement agreement?

A settlement agreement (formerly known as a compromise agreement) can be used to resolve a dispute and allow all parties to draw a line under matters and part company on a dignified basis.

The agreement typically offers your employee a severance payment in exchange for their agreement not to take any further legal action against you. However, it is important to take legal advice to ensure this is a viable option in the circumstances and how best to make an offer as you may otherwise prejudice your position.

If you offer a settlement agreement without following the right process, and your employee rejects it and goes on to make a claim anyway, any conversations you had regarding the settlement agreement can potentially (but not always) be used as evidence against you.

What are the types of employment tribunal hearing?

There are two main types of hearing:

Preliminary hearing: this is usually a short hearing to address any issues so that the case can proceed smoothly before a full hearing, this may include:

clarifying the issues in the case
establishing what documents and or witnesses are required
deciding questions of entitlement to bring or defend

Full hearing: is when all the evidence is heard:

decides whether the claim succeeds or fails
and, if it succeeds, what remedy is appropriate

What happens when a grievance is upheld at an employment tribunal?

The tribunal will order specific steps to be undertaken at a ‘remedies’ hearing. This could include:

reinstating your employee
paying out compensation
paying for loss of earnings/damages

If you fail to take these steps, you can be taken to court and forced to comply. Usually, though not always, the parties bear their own costs.

It is important to remember that the likelihood of winning is greatly increased with professional legal support.

Supportive employment law professionals

Whether you are looking for support in getting the correct policies and procedures in place, or dealing with a formal grievance, we can help. We know that every case is different, so our advice will be tailored to your circumstances.

If you are in a dispute with an employee, you need to ensure things are dealt with without delay. Taking legal advice promptly could mean the difference between winning your case and damaging your business’s reputation.

Give us a call for a confidential discussion about how we can help you defend yourself, your business and your reputation.

French Trust Rules: How to prevent your Family Trust from being undermined

Posted on 10 May 20219 July 2025 by Sarah O'Sullivan

Many English trusts have a connection with France, often because they own French assets like a holiday home or involve beneficiaries, trustees, or settlors residing in France. Understanding how French trust rules apply is crucial to avoiding unexpected tax liabilities and legal complications.

Understanding French residency and its impact on Trusts

A person is generally considered a French resident for any calendar year in which they spend 183 days in France, even without a permanent home there. Additionally, a person may be deemed a French resident if their main home is in France. This makes it easy for an English trust to inadvertently acquire a French connection, particularly if there are numerous beneficiaries.

Why legal expertise matters

Navigating Anglo-French legal matters requires specialised knowledge. Sarah Walker offers expert assistance in preparing French Wills, advising on French estate and inheritance tax planning, and handling trusts with French assets.

What is a Trust?

A trust is a legal structure used in England and other jurisdictions to allow designated individuals (trustees) to manage assets for the benefit of others (beneficiaries). However, trusts are not recognized in the same way in France. Since 2011, France has imposed tax regulations on foreign trusts connected to the country, applying a broad definition of what constitutes a trust.

How English Trusts can acquire a French connection

Here are some common scenarios where English trusts may become subject to French regulations:

Case study 1: The Discretionary Trust

Isobel Turner established the Turner Family Trust in 1989. It’s a discretionary trust with her children and grandchildren as intended beneficiaries.
In 2019, Isobel’s great-nephew Zak spent eight months working in France and became a French tax resident.
Despite Zak having a minimal likelihood of benefiting from the trust, its connection to France could trigger French reporting and tax obligations.

Case study 2: The Will Trust with French Assets

Joseph, a UK resident, creates a Will trust for his wife and children, including his French holiday home.
Upon his death, the trust will fall under French regulations due to the presence of the French property.
A separate French Will could have bypassed these issues.

French Trust regulations and compliance

Foreign trusts connected to France must comply with strict reporting requirements, including annual declarations to the French tax authorities. Additional declarations are required if the trust is modified or terminated.

Non-compliance penalties:

Fines of €20,000 or 12.5% of the trust’s total assets.
French authorities can investigate up to 10 years of past non-compliance.
Severe cases can result in criminal sanctions, including up to 5 years in prison and a €500,000 fine.

French wealth tax and inheritance tax

Trusts may be subject to the annual French wealth tax at 1.5% of worldwide assets if the settlor or beneficiaries are French residents.
French inheritance tax may also apply upon the settlor’s death or when assets leave the trust.
Income distributed to French residents is subject to French income tax.

While the UK-France double tax treaty may offer relief, this remains a complex area requiring specialised legal advice.

How to avoid the French trust regime

To mitigate the risk of French trust rules applying to your trust, consider these proactive steps:

Create a separate French will: This ensures French assets are dealt with under French law without interfering with your English will.
Avoid trusting French assets: Unless absolutely necessary, consider other estate planning solutions for French properties.
Exclude French residents as beneficiaries: Keep French residents off the beneficiary list unless unavoidable.
Choose non-French trustees: Appoint trustees who are not French residents to prevent further tax complications.
Seek legal advice before relocating: If a beneficiary or trustee plans to move to France, professional legal advice can prevent unforeseen tax exposure.

Do other countries have similar rules?

Yes. While French trust rules are well-known, other countries may also impose stringent regulations on foreign trusts with local connections. It’s vital to seek legal advice for any cross-border estate planning.

For personalised guidance on managing trusts with French connections, contact Sarah Walker . With her expertise in Anglo-French legal matters, she can help ensure your trust remains compliant and tax-efficient.

Pressure sores claims: Medical negligence

Posted on 5 May 202110 July 2025 by Sarah O'Sullivan

In the UK, patients in hospital and those living in care homes, benefit from a high standard of nursing and health care. However, despite progress in the management of pressure sores it remains a sombre fact that medical negligence claims are far from uncommon.

In this article Sarah Stocker, Associate Solicitor in Tees’ medical negligence team, explores what pressure sores are; the causes; what steps healthcare professionals should take to minimise the risk of one developing and how you can claim for compensation following the development of a pressure sore or poor management of one.

What is a coroner’s inquest?

A coroner’s inquest is a formal investigation into a death. It is held in specific circumstances, including when:

The cause of death is unknown.
The death was violent or unnatural.
The deceased was in custody, state detention, or detained under the Mental Health Act.
The death occurred as a result of a medical procedure/treatment.

Inquests are not designed to assign blame or responsibility but rather to determine the identity of the deceased, as well as when, where, and how they died.

What is an Article 2 inquest?

An Article 2 inquest is a more in-depth investigation held when the state may have failed to protect someone’s life. These inquests often involve deaths in custody, psychiatric hospitals, or other situations where the state played a role.

Prevention of future death reports

Following an inquest, a coroner can issue a Prevention of Future Death Report (PFD) if they identify risks that could lead to further deaths. These reports are sent to relevant organisations or individuals, recommending changes to prevent similar incidents.

Understanding the role of a coroner

A coroner is an independent judicial officer with legal qualifications and significant experience. Their role is to investigate sudden, unexplained, or unnatural deaths. Coroners can request post-mortems, gather evidence, and conduct inquests to establish the facts of a death.

Post-mortems: What to expect

A post-mortem, also known as an autopsy, is conducted by a pathologist to determine the cause of death. While the coroner decides if a post-mortem is necessary, they must consider the family’s views and any cultural or religious beliefs. Families can request a copy of the post-mortem report, though it may only be released after the inquest.

When will the inquest take place?

Inquests are typically held within 6-9 months of a death. During this period, the coroner will:

Gather evidence, including medical records and witness statements.
Contact the family to explain the process.
Potentially hold a pre-inquest review to organise evidence and identify issues.
Issue an interim death certificate to allow families to manage practical matters.

What happens during the inquest?

The inquest is a public hearing where evidence is presented to establish the facts of the death. Key participants include:

Witnesses, including doctors, police officers, or medical experts.
Family members, who may provide personal testimony.
Legal representatives, especially in cases involving state bodies.

The coroner may also call for independent expert opinions to ensure a complete understanding of the circumstances.

Conclusion of the inquest

At the end of an inquest, the coroner or jury will deliver a conclusion that falls under one of several categories, including:

Natural causes
Suicide
Accident or misadventure
Unlawful or lawful killing
Industrial disease
Stillbirth

In some cases, a narrative conclusion is given, providing a detailed account of the circumstances surrounding the death.

Legal representation at an inquest

Having legal representation can be invaluable, particularly if there are concerns about the care a loved one received. Our experienced solicitors can help ensure that the right questions are asked, and all relevant evidence is considered.

State bodies are often represented by legal professionals, so having your own solicitor can help provide a balanced and thorough investigation.

Looking to secure new business premises? You need a good set of Heads of Terms

Posted on 13 December 202023 July 2025 by Sarah O'Sullivan

The pandemic forced us to make fundamental changes to the way we all live and work which has in turn, created new challenges but also opportunities for businesses of all sizes to think about how and where they do business. Many of us have got used to working from home but for most retail, manufacturing, hospitality and even some service industries, this is simply not an option, so business premises will be needed.

In order to ensure your real estate transaction (whether it be the grant of a lease, transfer of an existing lease, purchase of a freehold or anything related) is as streamlined as possible, well-drafted Heads of Terms are essential.

In this article Jane Winfield, Partner and expert commercial property lawyer, highlights how Heads of Terms can bring clarity and focus for both parties in the transaction, as well as provide the basis for subsequent negotiations.

What are Heads of Terms?

Heads of Terms are essentially a document which sets out the terms of a commercial transaction that are agreed in principle between the parties involved. As commercial property lawyers, if we are provided with comprehensive Heads of Terms, this will enable us to create a legal document that accurately reflects what each party is looking to achieve in the transaction and the parties can then agree how to proceed by way of a definitive agreement.

If you’re about to undertake a commercial property transaction, talk to us today.

What makes good Heads of Terms?

There are different Heads of Terms for different transactions. Where the grant of a lease is involved, there are a number of items you will need to consider; you may need to take advice from a number of different sources including your legal adviser, surveyor, bank (if loan finance is needed), building contractor, architect or accountant.

Such items include:

Property – What are its boundaries? Are you taking on responsibility for the interior and exterior under a lease? What about air space above? Do you need rights of access over adjoining property or the landlord’s property? Where will you be able to park? Are you expecting the have the benefit of any other areas outside of the property boundary? Do you want to be able to build upwards?
Title to the property – What legal estate or title are you acquiring? Does the freeholder have a good title to the property? If you are being granted a lease, does the “owner” own the freehold or itself have a leasehold title? If the latter, does the consent of another landlord need to be obtained? Will there be a need to enter other separate documents with third parties, for example, deeds of covenant?
Length of term of a lease – How long are you likely to want to remain in that property? Do you want to have the ability to stay at the end of the length of the term of the lease? Do you expect to be able to vacate easily at the end of the term or do you want the right to remain at the property and to build your business and goodwill?

In commercial property leases it is common for the parties to agree a term of, say, 10 years but to include a right for the tenant to break the lease after the first five years of the term. This is called a “tenant break right”.

If you want flexibility, should you be thinking about requesting a break right? Is it reasonable for the landlord also to be granted a break right? If so, what is the quid pro quo for the landlord having flexibility? What conditions are to be attached to the exercise of the break right? How often would you want to have the break right available and on what period of notice should it be exercised? Is the break right to be personal to you as the tenant or to anyone who may take the lease from you in the future?

Repair – What part of the property are you responsible for in terms of repair and other tenant covenants? Is it the interior only or the entire building? If the latter, is there a service charge? If the property is not in a great state of repair, do not assume that you have to give it back to the landlord in a similar state of repair!
Assignment and subletting – Can you transfer the lease to a third party or sublet either the whole or part to a third party? Please note that even if you can, you will be responsible for the landlord’s costs.
Alterations and fit-out – Do you have plans to carry out fit-out works at the property when you move in? If so, you should get those details agreed with your prospective landlord as part and parcel of the lease negotiations so that you can avoid having to make a separate application to the landlord for consent at a later stage. Do you want to have the ability to carry out general alterations without landlord’s consent (and thus having to pay the landlord’s legal and professional costs)?
Rental – What is the agreed level of rental? You will need to take specialist advice on this. Will there be a rent review and how will that rent review be dealt with? Is it on an open market “upwards only” basis or an RPI increase linked basis? Should you be seeking a rent-free period?
Other security – Will the landlord expect other security, for example, the payment of a rent deposit or the provision of guarantors? How long will the landlord hold the deposit for? Who could stand as guarantor if the landlord requires this?
Service charge – Even if you believe that you will only be responsible for the repair of the interior of a property as a tenant, it is possible that you will also have to contribute towards the repair of the exterior and any other facilities under a service charge. Do you know enough about the potential service charge before you enter into the lease negotiations? Is it appropriate to request a service charge cap or a carve out of service charge liability in the Heads of Terms Agreement?
Insurance – Who will be insuring the premises and what is the cost of the premium? What risks are covered?
Permitted use – What can you use the property for and will this give you enough flexibility to be able to transfer the lease in the future? What is the impact of the permitted use on rent review provisions?
Costs – Is each party to be responsible for payment of its own costs in connection with the preparation of the legal documentation? A tenant might be asked to make a contribution towards the landlord’s costs or to give an undertaking to be responsible for the landlord’s costs if the tenant withdraws from the transaction. Have you allowed for this within your cashflow?

Are Heads of Terms legally binding?

It is important that all correspondence relating to any proposed property transaction is marked “subject to contract” so that there is no possibility that the heads of terms become legally binding and therefore constitute a contract in themselves. Also, be aware that a contract or a lease does not have to be written for it to be binding.

Here to help

At Tees, we are very happy to advise you on Heads of Terms once they have been drafted, outlining any particular concerns and identifying any areas where further clarification is needed. We’re here to ensure you’ll be well set up for the property side of your exciting new venture.

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Weight loss surgery (or bariatric surgery): Medical negligence claims

Posted on 2 September 202010 July 2025 by Sarah O'Sullivan

Bariatric surgery is recognised by NICE as one of the most cost-effective healthcare interventions to reduce the risk of obesity-related diseases and death.

NHS statistics on obesity, physical activity, and diet (published on 5 May 2020) show a consistent increase in hospital admissions directly attributable to obesity since 2014. Similarly, the number of obesity-related bariatric surgery admissions in the NHS has risen. The primary goals of surgery are significant weight loss and the improvement or reversal of obesity-related conditions, such as high blood pressure and type 2 diabetes.

Despite the increasing number of procedures performed on the NHS, many patients ineligible for NHS treatment choose to pay for private bariatric surgery

Weight-loss surgery and medical negligence claims

While bariatric surgery is often an effective solution for weight management, it requires a lifelong commitment to lifestyle changes for lasting results.

Surgical procedures carry inherent risks, and mistakes can have serious, life-changing consequences. If you believe negligent treatment has caused you further suffering, or if you were inadequately informed about potential complications, you may be eligible to bring a claim within three years of the negligence. Our expert solicitors can guide you through the process.

Sarah Stocker, Solicitor in Tees’ Medical Negligence Team, explains the risks and complications that can arise from bariatric surgery.

Considerations before surgery

Weight-loss surgery is typically considered if:

You have a body mass index (BMI) of 40 or more, or a BMI between 35 and 40 with a serious health condition that could be improved by weight loss.
You have tried non-surgical treatments (e.g., dietary improvements and exercise) for at least six months without significant success.
You are healthy enough to undergo the surgery.
You commit to long-term follow-up treatments and lifestyle changes.
You undergo a psychological assessment to evaluate your suitability and motivation.

Types of bariatric surgery

Bariatric surgery involves altering the digestive system to reduce food intake and promote weight loss. Common procedures in the UK include:

Gastric band insertion: An adjustable silicone band is placed around the stomach to create a small pouch. It reduces the amount of food needed to feel full. The band can be adjusted using a small device under the skin.
Gastric bypass: The upper part of the stomach is stapled to create a small pouch, which is connected to the small intestine, bypassing the rest of the stomach. This reduces calorie absorption and increases fullness.
Sleeve gastrectomy: A large portion of the stomach is removed to create a smaller stomach. This procedure is irreversible, and long-term data on weight regain is limited.

Risks of bariatric surgery

When considering surgery, it is essential to weigh the risks of the procedure against the long-term health risks of severe obesity, including strokes, heart attacks, cancer, and diabetes. Common risks include:

Infection
Anaesthetic complications
Blood clots in legs or lungs
Internal bleeding
Damage to internal organs
Nutritional deficiencies
Gallstones from rapid weight loss
Psychological challenges, including depression or self-harm

Informed consent process

A comprehensive informed consent process is crucial. Your surgeon should explain the specific risks and benefits of the procedure, as well as any patient-specific concerns.

Gastric band insertion: Patients should be informed about the need for multiple adjustments, the risk of infection at the band or port site, tubing issues, and the potential for band slippage or erosion.
Gastric bypass: Patients should understand the risk of dumping syndrome, anastomotic leaks, and internal herniation, along with the requirement for lifelong vitamin supplementation and regular blood tests.
Sleeve gastrectomy: Patients should be made aware of the irreversible nature of the procedure and the risk of staple line leakage.

Additionally, all patients should be advised about the possibility of weight regain and the likelihood of loose skin, which may require plastic surgery.

Common bariatric surgery negligence claims

Negligence claims may arise from:

Substandard surgical performance
Failure to promptly diagnose or treat post-operative complications, such as infections or malnutrition
Delayed recognition and treatment of internal organ damage
Incorrect gastric band placement leading to blockages or additional procedures
Mismanagement of band slippage
Incomplete gastric bypasses or staple line issues causing leaks
Delayed identification of leaks leading to severe complications and further surgery

Compensation for negligence

In addition to compensation for physical and psychological injuries, claims may cover financial losses and expenses, including:

Loss of earnings
Transport costs
Private medical expenses
Care, support, and assistance costs

Making a Medical Negligence Claim

We understand that making a complaint about medical treatment can be overwhelming. However, pursuing a claim can provide financial support and hold negligent providers accountable. If you have suffered injury or financial loss, we are here to help you navigate your claim.

Contact our expert team of solicitors today for guidance and support.

Resolving high-income divorce challenges and future income concerns

Posted on 13 August 20202 July 2025 by Sarah O'Sullivan

The division of assets is one of the main issues to resolve during divorce proceedings. For people with very high incomes and substantial assets, and their spouses, being able to reach a fair financial settlement is, understandably, a key concern, given the number of potentially complicating factors and levels of income that need to be taken into account.

Decisions as to what happens to future income is often where there is most difficulty in reaching an agreement in a divorce settlement involving a high-earning spouse. This is particularly so where complex reward structures are involved that are not fully understood by one if not both spouses.

Failure to fully take into account incentive and performance reward packages can have significant implications on the outcome of a divorce settlement and risk restricting either party’s choices in the future, so you must seek specialist legal advice.

Incentive payments and performance payments not yet realised

There may be circumstances where there are financial resources in place through incentive and performance reward packages which originated during the marriage, although they are not immediately available at the time of the divorce settlement.

Such financial resources may well be shared in a divorce to achieve fairness between the earning and non-earning spouse.

Incentive and performance reward packages are aimed at attracting and retaining the best talent and are likely to be nuanced from firm to firm and industry to industry. However, enhanced remuneration structures do tend to follow certain themes, such as:

Share options (or stock options)

Share option schemes are typically used as an incentive for employees. A share option is the right to buy a certain number of company shares at a fixed price at some point in the future. Share option schemes often come with tax incentives.

There are different share option schemes you may come across such as Company Share Option Plans, Enterprise Management Incentives, Nil-Cost and Nominal Costs Options, Share (Stock) Appreciation Rights, Sharesave Share Option Schemes and ‘Phantom’ Options.

Long-term incentive plans

A long-term incentive plan (LTIP) is a term that is commonly used among listed companies to describe executive share plans under which a company makes share-based awards to senior employees with a vesting period of at least three years. Such structures are also often called ‘performance shares’ or, in the US, ‘restricted stock units’.

Again there are often tax efficiencies to these schemes. LTIPs are not restricted to rewards in shares; cash also features in these reward structures.

Management incentive plans

A management incentive plan (MIP) most often refers to a scheme where the equity is allocated to senior management in a privately owned business. The company is likely to be owned by a private equity house and the equity would vest with the senior management in the event the private equity house sells its share the business or the company is floated on the stock market.

Performance bonuses

A form of additional compensation paid to an employee or department as a reward for achieving specific goals or hitting predetermined targets. A performance bonus is compensation beyond normal wages and is typically awarded after a performance appraisal and analysis of projects completed and/or financial targets met by the employee over a specific period.

Sharing of payments – what to consider?

There is a distinction to be made between those sums payable under such incentive or performance schemes which realise a value in the future with no further input from the earning spouse and those which require further endeavour after the marriage is over to realise their maximum potential.

This will affect how the income derived from such sources will be treated in a divorce settlement.

The timing of payments will also be a consideration. A performance bonus might be shared if it is awarded close in time to the end of the marriage, however, it is less likely to be shared if awarded well after the relationship is over.

As a general rule, it is possible to share in the benefits of such schemes even following divorce, however, consideration will be given to the value or opportunity which arose during the marriage against any extra input required by the earning individual to realise an enhanced value at a later date and whether this can be justified by reference to needs.

Future maintenance provisions

It is not always the case that in divorce, one party must pay the other an amount out of their income in the future. There has been a general movement away from maintenance being “for life,” with courts preferring to award maintenance as a shorter-term stepping stone to help the non-earning spouse transition into financial independence. In some circumstances, long-term maintenance can be required as part of a fair outcome in a divorce.

There are two classes of maintenance – child maintenance and spousal maintenance. The two combined are often referred to as global maintenance. Where spousal maintenance features, a settlement or court order tends to be based on two principles:

what each party might need to live on in the future;
whether it is appropriate for each party to share in future financial resources.

It should be stated that future earnings or earning capacity, whilst relevant, is unlikely to be considered a matrimonial asset to be shared and so ongoing maintenance must be linked to a demonstrable income ‘need’ rather than a sense of entitlement or sharing.

Complex arrangements require specialist advice

The issue of the future value of income in divorce proceedings is complicated for both the earning and non-earning spouses, and specialist advice should be sought as soon as possible.

At Tees, our expert legal advisers work to ensure a fair financial settlement so that future needs can be met according to the financial resources available. We also work closely with financial advisers in our Wealth Management team where needed. They will ensure that any future financial planning considerations are taken into account so you both have a clear view of your financial future.

NHS Early Notification Scheme (ENS)

Posted on 20 July 202010 July 2025 by Sarah O'Sullivan

The NHS Early Notification Scheme investigates the events surrounding the birth of a child who has suffered potentially severe brain injuries (most commonly cerebral palsy) at birth.

This process means families can find out what happened and why relatively quickly after birth. An advantage of proceeding under the ENS is that the facts are fresh in everyone’s minds and it reduces the stress for the family. Where negligence by clinical staff is established, an apology is offered to the family and financial support and advice are given to help them care for their child throughout the child’s lifetime. Read more about the NHS Resolution Early Notification Scheme.

Does the Early Notification Scheme cover all brain injuries at birth?

No. Not all cerebral palsy cases fall within the Early Notification Scheme – the Scheme is limited to those that fall within the reporting criteria and guidelines. There are three categories that the ENS can work on:

grade 3 Hypoxic Ischaemic Encephalopathy (HIE) – which is if the baby’s brain is deprived of sufficient oxygen and blood flow;
babies who were therapeutically cooled by a clinician using active cooling – this can prevent HIE by lowering the baby’s temperature to 33 degrees Celsius; and
circumstances in which the baby is comatose or has seizures or has hypotonia (decreased muscle tone), which can cause them to be ‘floppy’.

Information about the categories are available on the NHS Resolution website.

Birth injury claims that fall outside of this scheme take many more years to investigate. In introducing the Early Notification Scheme, NHS Resolution acknowledges the need for families to avoid going through a lengthy and stressful legal process.

Is cerebral palsy covered by the Early Notification Scheme (ENS)?

Cerebral palsy is a common birth injury in the UK, but it is complex to diagnose its cause. Cerebral palsy may be diagnosed as a result of one of the circumstances listed in the three ENS categories, but at least one of those must be present for the ENS to apply.

Cerebral palsy is caused by an injury to the brain which can occur: if the brain fails to develop normally in the womb; or if there is a problem during the birth, or just after the baby is born. Establishing the precise cause of cerebral palsy is complex, and you should always seek specialist legal advice if your child has suffered a brain injury around the time of his or her birth.

What if my child’s case is not eligible for the Early Notification Scheme?

If this has happened, it is because the brain injury that your child suffered at birth, wasn’t within one of the three categories that the ENS covers. However, this is not a barrier to making a medical negligence claim.

Call us so we can help you find out what happened, and if there are grounds for a medical negligence case, claim for financial compensation to support you and your child.

Get specialist, independent legal advice

NHS Resolution expects families to seek independent legal advice. We strongly advise that if you have a baby injured at birth, you seek professional specialist legal advice as soon as possible. This is a complex area of law and you will need expert support to navigate it effectively. Our lawyers at Tees can provide you a wide range of support and guidance during the process.

Working out the extent of the brain damage your child has suffered and how that might change in the future is complex. Our legal experts work alongside some of the leading healthcare and accommodation experts in the country to make sure all future eventualities are considered. Our aim is to secure a full financial compensation package to ensure your child’s future needs are met and he or she can achieve his or her full potential.

Funding your claim

Our specialist solicitors will provide an initial free assessment of your claim. We work on a no win, no fee basis or arrange legal aid (where possible), so there’s no need to worry about costs.

How does compensation help?

If your baby has sustained a brain injury, this is of course extremely upsetting. While compensation cannot directly make that better, it can help immensely with the practicalities of day-to-day life. Once funds have been secured, you can pay for the care you child will need, which is likely to include:

medical treatment and/or physical therapies
a package of care
equipment, such as a wheelchair or specialist computers for communicating
building work to adapt your house so it is suitable for your child’s needs, so that they can move around freely as they grow older.

Our lawyers work with case managers who will ensure your family has access to support in the community. We can liaise on your behalf with a range of providers who can provide care, rehabilitation and general support; these include a range of charities and public and private care facilities.

Financial support all in one

At Tees we have independent financial advisers who can advise on the management of the compensation fund to make sure there are sufficient assets to provide lifelong care and support for your child. With expert management, the funds can be managed to ensure they don’t run out.

If your child is unlikely to be able to manage their financial and legal affairs in the future, they will need a Court appointed Deputy. This is something we can help with.

We can also help you set up a Personal Injury Trust to manage the money and protect any family entitlement to means tested benefits. If you would like us to, one of our specialist lawyers can be a trustee of this trust (alongside you) so we can continue to support you as you make future decisions.

Can my employer change my contract without my consent?

Posted on 13 July 202029 July 2025 by Sarah O'Sullivan

The basis of your employment relationship is typically set out in a contract of employment. Certain key information about your terms is required by law such as job duties, salary, working hours and holiday.

The contract may also include terms regarding confidentiality and what happens when you leave (restrictions). It is important that the contract accurately reflects the working relationship so both the employer and employee know where they stand. Sometimes, however, your employer, or you, may wish to change the contract you originally agreed.

Your employment contract is usually a written document. Once you have started working under the contract, it is usually taken as proof that you accept its terms and conditions.

Can my contract be changed?

During the course of your career, especially if you stay with one organisation for some time, it’s likely that your contract or terms of employment will change. Typically you will receive pay rises, and for example, your contract may change to reflect different duties you take on or a promotion. You might also request a change which your employer may agree to. If everyone is happy to change the contract then this can simply be recorded in writing within a statement of change.

If you are not happy with the changes your employer suggests, you may not have to accept the changes – but this depends on the wording of your contract and the nature of the changes.

Your existing contract and job description

We recommend you always start by checking your current contract. If you don’t have a copy of your contract, ask your employer.

There may be clauses in your contract which gives your employer the right to make reasonable changes without your consent, for instance:

A general ‘variation clause’ might allow your employer to make some changes to your terms
A ‘flexibility clause’ might allow your employer to change your hours
A ‘mobility clause’ might allow your employer to change where you are based. You may be required to work from a different location.

You may be able to challenge the changes your employer wishes to make, even if one or more of these clauses feature in your contract. Much will depend on whether the changes proposed are allowed by the wording of the contract, and are reasonable. If your employer wants to change your contract there may be various options open to you.

What can I do if my employer makes changes to my contract?

Your employer may ask you to agree to some new terms in which case they should be explained to you and ideally, sent to you in writing. You should then be given time to consider whether or not you wish to accept them.

If the change is simply imposed on you and you don’t wish to accept it but you continue working anyway, you must decide whether you are content to agree or not. You can make it clear that you are working under protest and do not accept the new terms but if you do not, or if you continue working under those new terms for some time, you are likely to be considered to have agreed to the change.

You could refuse to work under the new conditions and continue to work as you have been under your original contract. If the change is something more fundamental which really changes the nature of your job, you may wish to resign and make a claim for constructive dismissal. This is, of course, a big step which requires careful consideration. We recommend you contact us if you are contemplating resigning. You cannot, normally change your mind once you have left, and there are significant hurdles to overcome for a claim for constructive dismissal.

If your employer terminates your contract and offers you re-employment on the new terms, you should seek specialist legal advice and Tees can help you. There are some circumstances when the employer may be able to do this, and others where you may have been unfairly dismissed, or may be entitled to a redundancy pay-out. Each case will depend on its facts.

Can my employer legally reduce my work hours without my consent?

Check your contract to see if your employer has included the option to reduce your working hours. It would be in the normal working hours section of the document and there may have been some flexibility written into your terms to allow for quiet periods in the business or in anticipation of a downturn in the economy. There may also be “pay-out” terms in your contract.

If this is not the case you may be able to understand the reason for the reduction in your hours and be prepared to accept them as a short-term measure. However, your employer cannot legally reduce the number of hours and if you don’t wish to accept the new hours you should, in the first instance, discuss the matter with your HR department.

Can a company legally reduce my pay?

Your employer cannot reduce your pay without your consent. If your employer tries to reduce your pay without your consent, you have the same options as those above.

If your employer asks for your consent to reduce your pay – and you do not accept – they may opt to terminate your contract on notice. Your notice is set out in your contract. Your employer may then offer you a new contract, with the reduced salary, although this is not guaranteed.

If your employer is seeking to reduce your pay, it is worth taking specialist advice early on for a clear picture of your options and next steps, employers must follow the correct process when making changes to your contract – for example, if enough employees are affected by the proposed changes, a consultation may be required.

Can my employer deduct money from my wages without my consent?

There are some normal deductions from your wages that your employer is allowed to make such as income tax, national insurance and student loan repayments. A deduction can also be made if you were overpaid in a previous payment. Your employer isn’t obligated to let you know beforehand about deductions because of a previous overpayment.

If you think that some money has been deducted which you weren’t expecting you can discuss it with your employer. They should clearly explain why the money was deducted. It may be a miscalculation of there could be a genuine reason. If it remains unresolved you will need to raise a formal grievance detailing the money you believe you are owed and a timeline.

You can raise a grievance whether or not you are still in that employment.

Advice from an employment solicitor about changes to your contract

If you are not able to resolve the problem through discussion with your manager and/or your HR department then you may wish to raise a formal grievance.

“As with any dispute at work it can be worth it, in the first instance, to discuss the matter with your employer to try and find a resolution that works for all parties” says Rob Whitaker, Partner at Tees Law. “It is desirable to maintain your employment relationship going forwards and so the quicker a solution is found the better for both employer and employee. Sometimes, however, this is not possible and you may need to chat the situation over with an employment law specialist to find out your options and what each one entails”.

If your contract at work has been changed without your consent and want help at any stage of the process talk to our employment law specialists. We’ll listen to your situation and advise you on the best way to move forward.

Call our specialist Employment Law solicitors on 01245 293197 for an initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch.

Increasing the value of your leasehold property

Posted on 18 June 202010 July 2025 by Sarah O'Sullivan

Over the past few years, the leasehold system has come under significant scrutiny for being unfair and complex. Issues such as extortionate ground rents and service charges, as well as the potentially huge cost involved in extending a lease or buying the freehold, can make owning a leasehold property expensive, complicated and stressful.

Meanwhile, the number of years remaining on your lease can have a significant impact on the asking price of your home, should you choose to sell it, as well as making it extremely difficult to remortgage. In this article, we explain how you can maximise the value of your leasehold property.

What is a leasehold property?

When you purchase a leasehold property, you own the property itself, but not the land it is built on. As a leaseholder, then, you are essentially renting the property from the landlord (or ‘freeholder’) for a certain number of years. As a general rule, most flats are sold as leasehold properties, while most houses are freehold (although they can be sold on a leasehold basis, and usually are if purchased through the Shared Ownership scheme).

What is a lease?

Your lease is a contract between you (the leaseholder) and your landlord (the freeholder) giving you conditional ownership of the property for a set period of time. The usual length of a lease on a new property is either 99 or 125 years, although some larger developers (for example, Persimmon and Barratt Homes) are now offering much longer 999-year leases.

The lease also sets out the contractual obligations between yourself and your landlord. Generally your obligations will include the payment of ground rent and service charge, while your landlord will be contractually bound to maintain, insure and manage the building. The lease may also set out restrictions on what you are permitted to do in your property (called restrictive covenants). For example, some leases may prohibit you from keeping a pet in your flat.

Why does the length of my lease matter?

While a lease is normally granted for a period of 99 or 125 years, the length remaining on the lease can be misleading. Once the remaining term on your lease has dipped below 90 years (which may still seem like a very long time), it is likely that you’ll see the asking price of your home fall quickly, and it can even compromise your ability to remortgage your property.

Once you have 80 years remaining on your lease, very few mortgage lenders will be willing to lend against your property, meaning that those willing and able to purchase will be limited to cash buyers only. It will also cost much more to extend your lease if you let the term dip below 80 years.

What is lease extension?

Because your property becomes less valuable as your remaining term gets shorter, you have the right to extend the lease on your flat under the Leasehold Reform Housing and Urban Development Act 1993. Under the Act, you can extend your lease for a further 90 years at a ‘peppercorn rent’ – i.e. you won’t have to pay any ground rent. So, if you extend your lease when it has 85 years left to run, your extended lease would be for 175 years.

It should be noted, however, that if you allow the remaining term on your property to fall below 80 years before deciding to extend it, the process will cost much more due to a fee known as the ‘marriage value’. Essentially, this means that when you extend the lease, the freeholder has a right to be paid 50% of the value added to the property as a result of the lease extension. This could potentially run into tens of thousands of pounds, so it pays to start the process well before this point.

How do I extend my lease?

Lease extension can be a complex and expensive process, but it will significantly increase the value of your leasehold property. There are two ways of starting the lease extension process. You can take an informal approach and contact your freeholder directly to negotiate a lease extension. This works best if you have a good relationship with your landlord, and it can be much quicker and cheaper to achieve.

However, most leaseholders will have to seek legal advice and take the formal statutory route to lease extension, the steps of which are outlined below:

You must check that you are eligible for lease extension. To be eligible, you must have owned your property on a long lease (i.e. with an original term of over 21 years when it was originally granted) for two years before you are allowed to extend your lease.
You must instruct a solicitor who specialises in lease extensions. When taking the formal route, you are obliged to pay both your and your freeholder’s legal and surveyors costs. As such, you may be tempted to omit this part of the process and deal with the legalities yourself – but this is very much a false economy. Lease extensions can be highly complex, and without the support of an expert, you could end up without retaining your legal rights and ensuring the lease is legally capable of registration at the land registry.
You must also appoint a valuation surveyor with experience in lease extensions to value your property and calculate the premium you must pay to extend your lease. You are responsible for both your and your landlords surveyors fees.
To formally start the lease extension process, your solicitor must serve a ‘section 42 notice’, otherwise known as a tenant’s notice, on the ‘competent landlord’, who will usually be the freeholder. They will then have two months to respond with the terms they accept and reject.
The final step will be to negotiate the wording of your lease extension. Your solicitor will be able to handle the negotiation process on your behalf. If you cannot come to an agreement on price or wording, your case will have to go before a tribunal, which can incur further costs.

What is involved in buying the freehold? Is this better than lease extension?

Under the Leasehold Reform, Housing and Urban Development Act 1993, leaseholders are entitled to join together and purchase their freehold for a fair market price. This right was further reinforced by the Commonhold and Leasehold Reform Act 2002. The process of buying the freehold is called ‘collective enfranchisement’. You’ll own a share of the freehold along with your fellow residents, and although you’ll still have a lease on your flat, you and the other residents who participate will be able to extend it for free.

Buying the freehold costs around as much as extending your lease but can be much more complex because you have to get at least 50% of the residents in your block involved. If the only reason you’re looking to buy the freehold is because of a short lease, it makes more sense to simply take the lease extension route.

However, some flat owners are trapped by unfair leases and expected to pay extortionate ground rent and service charges to their freeholder. They may also find that they’re being charged huge amounts of money for routine maintenance and services to their building. In this case, many residents take the path of buying the freehold, in order to take back control of their block and the money being spent on it.

As with extending your lease, you’ll still have to factor in legal costs and professional valuation fees, which will need to be considered before proceeding with either option. Don’t leave it until the last minute

Whether you’re looking to extend your lease or buy the freehold, it can be a lengthy process and leaving it until the last minute could significantly impact the value of your home.

When you instruct the property conveyancing team here at Tees, we’ll deal with all the legal aspects of extending your lease, providing regular updates throughout the process and dealing with any problems that may arise.

Considering a Buy to Let? Here’s what you need to know

Posted on 12 June 202029 July 2025 by Sarah O'Sullivan

There’s a lot to consider when deciding on whether to invest in a buy to let property. Eleanor Burroughs, Partner in the residential property team at Tees, outlines here some of the risks and benefits along with some key legal considerations.

What is a Buy to Let property?

Generally, Buy to Let refers to property which has been bought solely as an investment for letting to tenants whether that is single families or a group of students, but that is not always the case.

Sometimes a buyer may become a landlord by default, for example, they want to purchase the property for themselves to live in at a future date but must let it out in the meantime.

What are the benefits of a Buy to Let?

Landlords generally look for two things, capital growth and rental yield. In some areas of the country one of these may outperform the other so it is important you decide what you are looking for in terms of either a regular income or long-term gain and chose a property accordingly.

For some, being a professional landlord is their job and all their income derives from what they make on their rental properties, others may have just one property which they may have purchased as a pension for the future. Whatever your situation it is important you do your homework thoroughly before taking the plunge.

What are the risks in buying to

What are the risks in buying to let?

As with any investment, buying property does not come without risk and is not something you should engage in on a short-term basis as property prices go down as well as up.

You need to ensure you have enough capital behind you to pay for repairs to the property as and when they are needed
Ensure you can meet your obligations in void periods -when a property is empty
As well as loss of rent, keep in mind that you will still have to pay any mortgage costs
You must also pay council tax and utility charges in the absence of tennants

This is not always easy if the property is empty for some time. There are also the risks of tenants not paying the rent or causing damage and legal action being needed to gain possession.

You also need to be available to carry out repairs to the property. If that isn’t possible for you then you need to factor in the cost of employing someone to manage the property and for professionals to carry out repairs. These costs can quickly erode profit if your margins are tight.

What property should I buy?

The important thing is to take your time in deciding what is right for you and what is right for your potential tenants. Being a landlord is a business decision and you need to approach it that way.

You need to think about the type of tenant that would be attracted to the location and how adaptable the property is to the needs of the tenant group you are looking to attract.

There is no point buying a student let miles from a university or aiming to attract families with a one bedroom flat on the top floor of a tower block.

If you want something lower maintenance, a new build property or a flat in a professionally maintained block may be the answer.

Are there restrictions on the type of property I can let?

In order that you can let a property it must meet certain energy performance ratings. There are certain exceptions, but they are few and far between. For most properties, you can only let where the energy rating is E or higher.

If you are thinking of buying a leasehold property it is important that the terms of the lease are checked carefully to ensure there is no restrictions on lettings. Even if the lease does allow lettings to take place the landlord may have restrictions on the length of the term and is likely to require notice of this which may involve you paying a fee each time a new tenancy is agreed.

It is vital that you tell your solicitor of your intentions so as they can make sure everything is in order.

What are my legal obligations as a landlord?

There are many and they change regularly which is why a lot of buy to let landlords choose to use the services of a professional letting agent to manage the property for them and keep them updated of any changes.

If you don’t, then you need to ensure that you not only know the legal implications of letting when you first let the property but that you continue to stay abreast of changes throughout the entire letting period.

Amongst other things, you must ensure that the gas and electric are safe to use and that the property is well maintained. Additionally, you must ensure that your tenant has a right to rent and that any deposit provided by the tenant is properly protected and held in a government-approved scheme

Letting to students or letting a house in multiple occupation (HMO) requires licencing and there are more stringent controls on letting. Some local authorities now require you to have a licence even if letting to a single household.

What if I fail to comply with my obligations as a landlord?

This will depend on the type of breach, but failing to comply with your obligations can result in financial penalties and in the worst case a prison sentence so it’s important to seek the right advice and get it right!

Do I need a different type of mortgage for a Buy to Let?

The answer to this is yes. The fees and interest rates on buy to let mortgages tend to be higher than for a standard mortgage. You will need to advise the lender if you intend to let to students or on an HMO basis.

You can obtain interest only loans on buy to let as lenders will accept that the capital can be repaid on the sale of the property. Do remember if prices fall and the sale price does not cover the loan, you will have to make up the difference.

You will also generally need a higher deposit and your lender will want to ensure that the rental income you are likely to obtain will cover at least 125% of the mortgage costs. If the property is being bought by a company the legal costs for dealing with the mortgage are also likely to be higher. Buy to Let mortgages require properties to be let on an Assured Shorthold Tenancy basis.

Are the costs of buying to let higher than for buying my main home?

When you are buying a property for the purposes of letting it out there are tax implications you need to be aware of. Firstly, you will generally have to pay a stamp duty land tax surcharge of an extra 3% on the entire purchase price. Stamp Duty Land Tax is a complicated area but we can guide you to the right advice. Your rental income must also be declared in your annual tax return and there are capital gains tax implications when you come to sell if you have made a profit.

If you have chosen to set up a company to own the rental property, there are different tax considerations to consider. The rules around reporting and paying capital gains tax have recently changed and the timeframe is now limited to 30 days from completion of the sale.