Occupation orders are orders made by the courts to enforce, declare or restrict rights to occupy the home. They are only a short-term solution and will not affect what happens to the property in the final settlement. 

Where either joint owner cohabitant wishes to stay in her/his home, s/he can apply for an occupation order as an entitled applicant. As joint owners have rights of occupation under property law, in practice neither need apply unless there is a problem. However, either cohabitant may wish to get a regulatory order to oust the other partner or control her/his use of the property.

Criteria the court must consider

The court has the power to grant an order where it considers it just and reasonable to do so, but it must consider specific criteria when reaching its decision. It must have regard to all the circumstances of the case, including the:

• housing needs and housing resources of each of the parties and any relevant child. Housing resources are likely to include whether either party would qualify for rehousing under homelessness or allocations legislation. A ‘relevant child’ is defined as a child who lives with or could be expected to live with either party, a child subject to an order under the Adoption Act 1976 or the Children Act 1989 that is in question in the occupation order proceedings, or any other child whose interests the court considers to be relevant
• financial resources of each party
• likely effect of any order or the effect of not making an order, on the health, safety or well-being of the parties and of any relevant child
• conduct of the parties

Occupation orders can, therefore, deal with occupation of the home in both violent and non-violent relationship breakdown situations.

In addition to the criteria above, the court must also consider the likelihood of ‘significant harm’ to any of the parties concerned and the ‘balance of harm’.

Balance of harm test

The court has to look at the ‘balance of harm’. This means that it must consider the likelihood of significant harm to either party and any relevant child if an order is made, balanced against the likelihood of significant harm if an order is not made.

The test is applied in the following way:[5]

• the court considers whether there is significant harm to the applicant or any relevant child. If there is, it must make an order, unless
• the other party, or any relevant child, is likely to suffer significant harm if the order is made, and
• the harm in that case is as great or greater than the harm likely to be suffered by the applicant or any relevant child (as a result of the other party’s behaviour) if the order is not made

If the court does not consider that significant harm is likely, it is not obliged to make an order, but can do so if it sees fit.

The Act defines ‘harm’ as ill-treatment or impairment of health, and, for children under 18, the impairment of development. Ill-treatment includes non-physical forms. Health includes physical or mental health and, in relation to a child, child abuse. Development means physical, intellectual, emotional, social or behavioural development. A child’s health or development should be compared with the health and development that ‘could reasonably be expected of a similar child’.

Occupation orders for former joint owner cohabitants

Where there has been a relationship breakdown and the former cohabitant is a joint owner, they may still apply for an occupation order as an entitled applicant. The provisions are the same as for a joint owner cohabitant. When a court make such an occupation order, it can also order the partner remaining in the property to pay compensation, in the form of occupation rent, to the excluded joint owner. In assessing the occupation rent payable by the partner remaining in occupation, the court must take account of their beneficial interest in the property and reduce the market rent value accordingly.

Apply for an occupation order

You can use form FL401 to apply for an occupation order to ask the court to decide who should live in or return to your home or any part of your home

There are no court fees for applying.

Probate gives you the legal right to deal with a person’s property, money and possessions (their estate) after they’ve died. The person(s) dealing with the estate are called executors. Up to four executors can be named in a will, and the maximum number who can apply for probate is also four. While more than one executor may be appointed, they must all agree on who will be the primary applicant for the probate application, and only one application can be submitted for the estate. 

Apply for the grant of probate

As an executor, you can apply for probate in England yourself, use a solicitor, or appoint another person licensed to provide probate services.

If there’s inheritance tax to pay, normally you’ll have to pay at least some of it before you’ll be granted probate.

You’ll usually receive the grant of probate within 4 weeks of sending in your documents.

Apply for probate online

You can apply for probate online if you’re the executor and you:

• have the original will to upload (if there is no will see Letters of Administration below)
• have the original death certificate or an interim death certificate from the coroner to upload
• have already reported the estate’s value for inheritance tax to HMRC

You’ll need to send the original will by post after you submit your online application. No additional copies of the will are required.

Full documentary proof of all of the assets owned will be needed as well as details of any debts owed. This is so that the estate can be properly valued and any tax due calculated.

Inheritance Tax

The executor must complete the appropriate  Inheritance Tax Form and pay any inheritance tax due. Most people ask banks, building societies or National Savings & Investments to use funds from the deceased person’s accounts to pay some or all of the inheritance tax. This is called the Direct Payment Scheme.

Inheritance tax can be complex, and the executor is personally responsible for paying it, so you may wish to use a professional to complete inheritance tax accounts. Any legal costs can be taken out of the estate if required.

Inheritance tax must be paid no later than 6 months from the end of the month in which the deceased died.

Apply for probate by post

If you are applying for probate by post, use Form PA1P: Apply for probate
Send completed forms with the original will and the death certificate.

Letters of Administration

If a person dies intestate (without leaving a valid will). The rules of intestacy determine the order in which people may take responsibility to administer the estate of the deceased

These are each in turn:

• the married partner or civil partner of the deceased
• a child of the deceased (including adopted children, but not step-children)
• a parent
• a brother or sister
• a grandparent
• an uncle or aunt

Letters of Administration are not always needed. In the case of a very small estate or where jointly owned property passes on to others automatically on death, or where there is only cash savings or Premium Bonds, no application will be required.
Letters of Administration will be needed where the deceased owned property which is not held as a joint tenant with others or where there are savings, investments and other assets in excess of five thousand pounds. Before applying for Letters of Administration the estate will need to be properly valued. Inheritance Tax may be payable and generally some of the tax due will have to be paid before Letters of Administration can be granted.

How to obtain Letters Of Administration

To obtain Letters of Administration, a Form called a PA1A must be completed. This needs to be sent to the nearest district probate registry along with the death certificate.

Full documentary proof of all of the assets owned will be needed as well as details of any debts owed. This is so that the estate can be properly valued and any tax due calculated. The correct Inheritance Tax Form has to be sent at the same time.

There is an application fee to pay (the latest fees are published by HMCTS in a document called the PA3 ) and a small additional fee is payable for each copy required. It is sensible to have some extra official copies of the Letters of Administration for each institution you need to deal with in order to save time. This means not having to wait for the document to be returned each time before sending it on elsewhere.

The application for Letters of Administration can be made online or by post. The application will usually take between 10-20 days to process but there can be significant delays caused by the workload of the Probate Registries. Often there can be backlogs of many weeks.

Placing a deceased estates notice

As an executor, you are responsible for dealing with any claims against the estate. After you receive a grant of probate, the law recommends you place a deceased estates notice in The Gazette and a local newspaper to find creditors who are owed money by the estate

Placing a deceased estates notice demonstrates that enough effort has been made to find creditors before distributing an estate to its beneficiaries (the people who will inherit the estate). This protects the executor from being personally responsible for money owed to any unidentified creditors.

Finalising the estate

Collect the assets

If you are an executor of a will, it’s a good idea to open a bank account on behalf of the estate. You can then start to collect the money and property from the estate in the newly opened bank account.

Banks and other institutions will only transfer money from the deceased’s bank account into the executor’s account once a grant of probate has been issued.

Pay any debts and taxes

There is a set order of priority for paying off debts:

1. funeral expenses, if not previously paid
2. taxes that are due
3. creditors, such as loans, mortgages, and outstanding debts
4. beneficiaries, if there is a will and no unpaid creditors have come forward

Keep a record of all accounts

The next step is for the executor to prepare the final estate accounts, with a summary of:

• the value of the assets in the estate on the date the person died
• how much they owed when they died (the liabilities)
• any income received during the period of administration (the period between deceased’s death and the distributing of the estate)
• the changes in asset value (such as an increase in a property price)
• administrative expenses during the period of administration
• who has inherited what (the distribution of the assets)

You should send a copy of the final accounts to each of the main beneficiaries. It’s a good idea to ask them to sign and return a copy.

Distribute the estate

Once all debts and taxes have been paid, you can distribute the estate as detailed in the will (or according to the law if there is no will). However, it is recommended that you wait to distribute the estate until:

• it’s been 2 months and 1 day since you placed a deceased estates notice in The Gazette if the deceased lived in England or Wales, or the latest claims date if another notification has been published elsewhere – so any unknown creditors have had to time to come forward
• it’s been 6 months since you placed a deceased estates notice in The Gazette if the deceased lived in Scotland – so any unknown creditors have had to time to come forward
• it’s been at least 10 months since you applied for probate – to make sure any inheritance claims haven’t been made

Can Ashford Advice help with probate

Ashford Advice do have a solicitor who may be able to assist, however under SRA rules our solicitor is not permitted to give legal advice or make a solicitors application. If you would like a solicitor to make the application there is further advice on our website

Telecare users and their loved ones urged to speak to telecoms providers ahead of switch to digital landlines.

• Users of lifesaving alarms encouraged to call their providers to access additional free support with the switchover from copper to digital landlines
• During the switchover, telecoms companies will send engineers to help customers and test connections of telecare alarms used by 2 million nationwide
• Comes as BT and Virgin Media launch national awareness campaign, supported by the UK government, to ensure no one gets overlooked during vital digital migration

Landline companies will send an engineer to carry out the switchover and personally test the telecare alarm, ensuring it continues to work once a household has moved onto the digital network.

Landline providers will also offer vulnerable customers a free battery back-up device so their landline can continue working in a power outage.

There is more information on the OFCOM website, if you are concerned you can talk to one of our advisers, you can contact us by phone, email, visiting us or completing the contact us form

The Winter Fuel Payment which used to be paid automatically to all state pensioners, was changed in 2024 to only those on Pension Credit. In 2025, it will once again go to all state pensioners, except those earning more than £35,000 will repay have to it.

Pensioners above the £35,000 threshold will have the full amount of the Winter Fuel Payment they received automatically collected via PAYE, or via their Self-Assessment return. No one will need to register with HMRC for this or take any further action.

Those who are of state pension age but aged under 80, so born on or before September 22, 1958, and who qualify will get a £200 payment, whereas those aged over 80 – so born on September 23, 1944 or earlier – will get £300.

The amount you get is based on when you were born and your circumstances between September 15 and 21 2025. This is called the ‘qualifying week’.

Most people who qualify will get a letter telling them how much they will get and which bank account this will be paid into – which is usually the same as for your Pension Credit or other benefits.

“You should receive your payment between mid-November and Christmas. Call the Winter Fuel Payment helpline on 0800 731 0160 if you have any enquiries or you don’t receive your payment.”

Home Responsibilities Protection (HRP) was a scheme to help protect parents’ and carers’ State Pension. National Insurance credits replaced HRP in 2010.

You’ll have received HRP automatically if between 6 April 1978 and 5 April 2010 you were claiming:

• Child Benefit for a child under 16
• Income Support because you were looking after a sick or disabled person and were not available for work

You’ll need to apply for HRP if you think it’s missing from your National Insurance (NI) record.

You may still be able to apply for HRP if, for full tax years (6 April to 5 April) between 1978 and 2010, you were either:

• sharing the care of a child under 16 with a partner you lived with and they claimed Child Benefit instead of you – you may be able to  transfer their HRP
• caring for a sick or disabled person

You can also apply if, for a full tax year between 2003 and 2010, you were a foster carer

To claim Home Responsibilities Protection (HRP), you can apply online or by post. You can also apply to transfer HRP from someone else.

You can also contact the HMRC National Insurance helpline for an application form.

From 1 July to 30 September 2025 the price for energy for a typical household who use electricity and gas and pay by Direct Debit will go down by 7% to £1,720 per year. For a typical household, this will reduce their energy bills by £11 a month.

This is 10% (£152) per year higher than the price cap set for the same period last year, from 1 July to 30 September 2024 (£1,568).

Energy price cap rates 1 July to 30 September 2025

Electricity rates

If you are on a standard variable tariff (default tariff) and pay for your electricity by Direct Debit, you will pay on average 25.73 pence per kilowatt hour (kWh). The daily standing charge is 51.37 pence per day. This is based on the average across England, Scotland and Wales and includes VAT. 

Gas rates

If you are on a standard variable tariff (default tariff) and pay for your gas by Direct Debit, you will pay on average 6.33 pence per kilowatt hour (kWh). The daily standing charge is 29.82 pence per day. This is based on the average across England, Scotland and Wales and includes VAT. 

Why energy prices have gone down

Global wholesale prices for energy have gone down. While this is the main cause, changes to supplier business costs have also made an impact on energy prices falling.

Most households will see a reduction in their standing charges during this period.

The Renters’ Rights Bill is possibly the most significant reform the private rented sector (PRS) has seen since the Housing Act 1988.

Its primary goal is to give tenants more security to stay in their homes and more freedom to leave substandard properties by scrapping section 21 ‘no fault’ evictions and introducing more fairness to the system. The Bill is expected to come into effect between October 2025 and January 2026. 

The bill will:

• Abolish fixed-term assured shorthold tenancies (ASTs) – as a result of this, all tenancies will become periodic. In other words, a three-year tenancy signed this year would instantly become periodic if the Renters’ Rights Bill became effective in October as planned, replacing the fixed term. 
• Limit rent increases – the shift to periodic tenancies means Section 13 notices will be the only way for landlords to raise the rent; these can only be served once per year
• Abolish Section 21 evictions – landlords will no longer be able to serve “no-fault” notices to regain possession of their properties
• Expand Section 8 possession grounds – the Government is adding and updating both mandatory and discretionary grounds due to the abolition of Section 21
• Ban rental bidding wars – landlords and agents can’t accept offers above the advertised price
• Introduce a landlord ombudsman – this will help resolve disputes between landlords and tenants impartially
• Create a private rented sector database – designed to compile information about landlords and properties and provide visibility on compliance
• Apply the Decent Homes Standard – all rental properties must meet minimum quality standards, Awaab’s Law has already been introduced into the social housing sector as part of the Social Housing (Regulation) Act and will expand into the PRS as part of the Renters’ Rights Bill. It means landlords must follow strict timescales to inspect and repair hazards, such as damp and mould. The Government has claimed that the introduction of this law will “ensure that all renters in England are empowered to challenge dangerous conditions”.
• Prohibit discrimination – landlords can’t refuse tenants on benefits or with children
• Allow renting with pets – landlords can’t unreasonably refuse tenants with pets, but can require them to take out insurance to cover potential damages

While the Government is keen to implement big-ticket items as soon as possible — including the abolition of Section 21 and the shift to periodic tenancies — other parts of the Bill may be staggered. 

The Citizens Advice Help to Claim advisers can help you with the early stages of your Universal Credit claim. You can talk to them on the phone or online over chat. You can also use text relay or our British Sign Language (BSL) video call service.

An adviser can help you:

• work out if you can get Universal Credit
• fill in the Universal Credit application 
• prepare for your first Jobcentre appointment 
• check your first payment is correct

You can chat with an adviser online about your Universal Credit application.

Start a chat by clicking the ‘Talk to an adviser’ button. This will be at the bottom of your screen if an adviser is available.

The webchat is usually available 8am to 6pm, Monday to Friday. It isn’t available on public holidays.

You can contact an adviser through the free Help to Claim phone service. Advisers are available 8am to 6pm, Monday to Friday on 0800 144 8 444

Wills

Your will lets you decide what happens to your money, property and possessions after your death.

If you make a will you can also make sure you do not pay more Inheritance Tax than you need to.

You can write your will yourself, but it is prudent to have it written by a solicitor. Ashford Advice have a resident solicitor who can write a professional will. Call 01233 626 185 for further information

You need to get your will formally witnessed and signed to make it legally valid

If you want to update your will, you need to make an official alteration (called a ‘codicil’) or make a new will.

If you die without a will, the law decides who gets what.

Power of Attorney

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).

There are 2 types of LPA:

• health and welfare
• property and financial affairs

You can choose to make one type or both.

You can make a lasting power of attorney (LPA) online or using paper forms.

Either way, you need to get other people to sign the forms, including the attorneys and witnesses.

You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor. Ashford Advice have a resident solicitor who can complete the forms on your behalf. Please call 01233 626 185 for further information

There is a fee for this service (£82.00/PoA to Office of the Public Guardian and £150.00/PoA solicitors fee)

You must register or your attorney will not be able to make decisions for you.

In March, the government published a Green Paper and consultation to set out their proposed changes to health and disability benefits.

The Pathways to Work Green Paper has a stated aim of increasing employment among people who receive health and disability benefits.

It’s important to say that these changes are not guaranteed to happen. The purpose of a Green Paper is to explore options and get feedback before making a final decision, and if any changes do go ahead, they won’t happen straight away.  The current proposals are

April 2026 – The Limited Capability for Work and Work-Related Activity (LCWRA) payment would be frozen.  

Autumn 2026 – the changes to PIP entitlement would come into effect 

2028 – the Work Capability Assessment (WCA) would be scrapped. 

Universal Credit (UC):

A new Health Element will replace the current Limited Capability for Work (LCW) and the Limited Capability for Work Related Activity (LCWRA) elements, any extra financial support for health conditions in UC will be assessed via a single assessment – the PIP assessment.

When these changes start to take effect, new claimants will no longer receive these legacy components. If a current claimant receives the LCWRA element but doesn’t get PIP at the point that they move to the new system they will receive transitional protection.

There will also be protection for people who are currently treated as LCWRA due to pregnancy risk or because they are about to receive, receiving or recovering from treatment for cancer by way of chemotherapy or radiotherapy. They will get the new UC health element even if they do not get PIP.

It is unlikely that the payment will be withdrawn from existing claimants before reassessment, DWP will initially prioritise reassessments for people who are most likely to have had a change in their circumstances including those who have short-term prognoses

The existing LCWRA element will be cut for new claimants – from £97 to £50 per week by 2026/27 and frozen for existing ones.

For those receiving the new reduced UC health element after April 2026, the government are proposing that those with the most severe, life-long health conditions, who have no prospect of improvement and will never be able to work, will see their incomes protected through an additional premium.

Personal Independence Payment (PIP)

A new PIP eligibility requirement is proposed to ensure that only those who score a minimum of 4 points in at least one daily living activity will be eligible for the daily living component of PIP. This requirement would need to be met in addition to the existing PIP eligibility criteria.

This change will apply to new claims and for existing people who claim, future eligibility will be decided at their next award review. Those with the most severe, long-term conditions will no longer face any reassessments, under the proposed reforms.

The Green Paper is consulting on whether those who lose entitlement need any support and what this support could look like – for example transitional protection.

There is a real possibility these proposals will never be implemented, or that they will be changed so much that they will scarcely be recognisable by the time they do come into force.

A new contribution-based Unemployment Insurance Benefit

Jobseekers’ allowance (JSA) and employment support allowance (ESA) will be merged into a new time-limited unemployment insurance. Paid at the current ESA rate of £138 per week, it will be time-limited, and recipients do not have to prove they cannot work – but will be expected to actively seek work.

Employment Support

The government has announced a £1 billion employment support package to help disabled and long-term sick people back into work. It is consulting on exactly what this would look like, but it would include introducing a ‘support conversation’ to explore people’s goals and aspirations and help them to access the right support.