by Saqib Khan | Jun 12, 2024 | Conveyancing, General, Litigation
In recent years, the UK has seen a rising concern over the invasive nature of certain non-native plant species. Japanese Knotweed has long been the notorious villain in this tale, wreaking havoc on property values, structural integrity, and local ecosystems. However, a new contender is emerging that may soon overshadow even the infamous Knotweed: Bamboo.
The Rise of Bamboo in the UK
Bamboo, often associated with serene landscapes and sustainable living, has gained popularity in the UK for its aesthetic appeal and fast growth. Its hardy nature and ability to create privacy screens quickly have made it a favourite among gardeners and landscapers. However, this very characteristic—its rapid growth—has also led to unforeseen consequences.
The Bamboo Threat
While bamboo might seem like a benign addition to your garden, certain species can become highly invasive. Much like Japanese Knotweed, bamboo can spread aggressively if not properly contained. Its roots, known as rhizomes, can extend far beyond the initial planting area, infiltrating neighbouring properties, damaging structures, and disrupting local ecosystems.
Legal Implications for Property Owners
At KhanMather, we have witnessed an increasing number of cases where bamboo has caused significant legal disputes between neighbours. The legal implications of allowing bamboo to encroach on adjoining properties can be severe. Property owners may find themselves liable for the damage caused, facing costly removal processes and potential litigation.
The UK government has already taken steps to address invasive species like Japanese Knotweed under the Anti-social Behaviour, Crime and Policing Act 2014. While bamboo is not yet subject to the same stringent regulations, the growing awareness of its potential impact suggests that more robust legal frameworks could be on the horizon.
Preventive Measures and Responsible Planting
Prevention is better than cure, especially when it comes to invasive plants. If you’re considering planting bamboo, it’s crucial to take responsible steps to prevent its spread:
- Choose Clumping Varieties: Opt for clumping varieties of bamboo, which are less invasive than running types.
- Use Root Barriers: Install root barriers to contain the spread of bamboo rhizomes.
- Regular Maintenance: Regularly check and maintain the bamboo to prevent it from spreading uncontrollably.
Managing Existing Bamboo Problems
If you already have bamboo on your property and are concerned about its spread, it’s important to act quickly:
- Consult Professionals: Seek advice from professional landscapers or invasive species specialists.
- Legal Guidance: If bamboo has spread to a neighbour’s property, legal advice may be necessary to navigate potential disputes and liabilities.
- Removal and Control: Effective removal often requires professional intervention, especially for large infestations. This can be a complex and costly process but is essential to prevent further damage.
Conclusion
Bamboo, with its many appealing qualities, can be a beautiful addition to any garden if managed responsibly. However, the parallels between bamboo and Japanese Knotweed are becoming increasingly apparent. At KhanMather, we encourage property owners to be aware of the potential risks and to take proactive steps to prevent bamboo from becoming the new Japanese Knotweed. If you find yourself facing issues related to invasive bamboo, our team is here to provide expert legal advice and support.
For more information or to seek legal assistance, please contact Hannah Cohen on 0161 850 9911. Together, we can ensure your garden remains a place of beauty, not a battleground.
by Saqib Khan | May 14, 2024 | Conveyancing, Landlord and Tenant Law
Introduction
In recent times, the landscape of rental housing in Wales has been a topic of significant discussion, as proposed rent changes could potentially reshape the rental market and impact both landlords and tenants alike. The Welsh government’s efforts to address housing affordability, tenant security, and the overall rental experience have led to a series of proposed changes that warrant a closer examination. In this blog, we will delve into the key aspects of these proposed rent changes, their potential implications, and the broader context within which they are being considered.
The Proposed Changes: An Overview
The proposed rent changes in Wales are primarily aimed at enhancing the rental experience for tenants while also maintaining a fair and reasonable environment for landlords. These changes are driven by a desire to strike a balance between affordability, stability, and quality of housing. Some of the key aspects of the proposed changes include:
- Rent Controls:** The Welsh government is considering the implementation of rent controls to prevent excessive rent increases and provide tenants with more stability. This could involve capping the amount by which landlords can increase rents each year.
- Ending “No-Fault” Evictions: The proposed changes also include ending the practice of “no-fault” evictions, where landlords can evict tenants without providing a specific reason. Instead, landlords would need to provide a legitimate reason for eviction, which could improve tenant security.
- Longer Tenancies: There’s a proposal to introduce longer minimum tenancy durations to provide tenants with greater security and stability in their housing arrangements. This could be particularly beneficial for families and individuals seeking long-term accommodation.
Implications and Considerations
While the proposed changes aim to improve the rental experience in Wales, they also raise several important considerations:
- **Balancing Interests:** Striking a balance between the interests of tenants and landlords is crucial. Rent controls, for instance, can help protect tenants from sudden rent hikes, but they should also consider landlords’ ability to cover maintenance costs and mortgage payments.
- Supply and Demand: Rent controls might impact the supply of rental properties if landlords find it financially unviable to continue renting out their properties. This could potentially lead to a decrease in the availability of rental housing.
- Investor Confidence: The proposed changes could influence investor confidence in the rental market. If landlords perceive too much risk due to limitations on rental income and eviction flexibility, they might reconsider investing in rental properties.
- Rent Quality and Maintenance: While longer tenancies provide tenants with stability, they could also potentially lead to neglect of property maintenance, as landlords might feel less urgency to address issues promptly.
The Broader Context
To better understand these proposed changes, it’s important to consider the broader context:
- Affordability Concerns: Housing affordability has been a significant issue in Wales, and the government’s initiatives reflect a commitment to address this concern.
- Tenant Security: Enhancing tenant security by ending “no-fault” evictions and promoting longer tenancies aligns with the goal of creating stable living conditions.
- Legal Framework: The proposed changes would require an update to the legal framework governing rental agreements and eviction processes, ensuring proper implementation and enforcement.
Conclusion
The proposed rent changes in Wales represent a significant step toward reshaping the rental landscape in the country. By addressing concerns of affordability, tenant security, and rental quality, the Welsh government aims to create a fair and stable environment for both tenants and landlords. However, the success of these changes will depend on careful implementation, monitoring, and continuous evaluation to ensure that they achieve their intended outcomes without unintended consequences. As discussions continue, it’s essential for stakeholders to engage in a constructive dialogue that considers the interests of all parties involved.
If you have any concerns about a property, please call our property department on 0161 850 9911.
by Saqib Khan | May 9, 2024 | Conveyancing, General
The inception of the Building Safety Act can be attributed to the harrowing Grenfell disaster in 2017. Following the receipt of Royal Assent in April 2022, this legislation primarily seeks to assert control over building safety risks in order to ensure the protection of individuals in and around structures.
Nevertheless, navigating the intricacies of the Act and its associated regulations can prove challenging, as the same terms can carry distinct meanings depending on their context.
This article offers deep insights into the Act’s background and presents recent updates.
If you have any queries about how this legislation may impact you or your business, please don’t hesitate to reach out to our Property Litigation team.
Industry Insights: It’s worth noting that the Building Safety Act has triggered a substantial reaction within the property industry’s professional community.
Earlier this year, during a discussion with Place North West, Fiona Fletcher-Smith, the Chief Executive of L&Q, voiced her concerns about the potential ramifications of a skills gap in the UK on the execution of the Building Safety Act.
Likewise, Todd Marler, Senior Director of Operations at Greystar, emphasized the need for the government to take more time to fully comprehend the Act’s consequences when asked about their primary request.
Moreover, Suzannah Nichol MBE, Chief Executive of Build UK, emphasized that organizations should not passively wait for directives but should proactively take initiative.
Commercial Property Focus: While it might be tempting to assume that the Building Safety Act is relevant solely to high-rise residential buildings, the Act, as highlighted in the guidance notes for the Commercial Property Standard Enquiries, is one of the most expansive pieces of real estate legislation in this century.
The Act extends its reach into the commercial property sector, with numerous provisions applicable to all property types, including those concerning building liability orders.
Furthermore, “higher-risk buildings” (HRBs) encompass mixed-use properties, not just exclusively residential structures.
Given the growing presence of assets like purpose-built student accommodation in portfolios, this Act assumes even greater importance for investors.
Building Safety Regulator: A pivotal aspect of the Building Safety Act is the Building Safety Regulator (BSR), entrusted with overseeing and implementing the Act’s core provisions.
One of the BSR’s primary responsibilities is supervising “the safety and standards of all buildings.”
The Health and Safety Executive (HSE) has been designated as the BSR, as per s2(1) of the Building Safety Act.
Section 3 dictates that, in fulfilling its building-related functions, the BSR must ensure that regulatory activities are carried out transparently, accountably, proportionately, consistently, and only where necessary.
October 2023 Updates: Earlier this year, secondary legislation was introduced, bringing forth a new framework for the design and construction of HRBs under the BSA. This legislation took effect on 1 October 2023.
It mandates compulsory building control procedures, building rules, and amendments to the roles of building control inspectors.
For instance, owners of HRBs are now held accountable for their responsibilities both during construction and occupancy.
Additionally, a ‘Golden Thread’ of information must be created and maintained for every HRB, a regime overseen by the BSR.
Except for HRBs covered by transitional provisions, local authority building control and approved inspectors are no longer options – the BSR is the designated building control authority for all HRBs.
Furthermore, the BSR must approve works and issue a completion certificate before an HRB can be occupied.
1 October 2023 also marked the deadline for registering all existing high-rise residential buildings, with over 13,000 applications initiated by duty holders by that date. It is now an offense to allow residents to occupy an unregistered high-rise residential building.
Looking Ahead: As of 1 April 2024, several additional developments are set to be implemented.
These include the conclusion of transitional arrangements for HRBs, the enforcement of the Professional Conduct Rules for Registered Building Control Approvers (RBCAs) and the Code of Conduct for Registered Building Inspectors (RBIs), as well as the issuance of building assessment certificates by the BSR.
Additionally, 1 April 2024 signifies the deadline for registration as Building Control Approvers and Building Inspectors.
In conclusion, while the regulations introduced on 1 October 2023 added to the existing legal framework in this field, some uncertainty remains as we await the outcomes of related court cases and the enactment of further regulations.
Please contact our property team with any concerns that you may have.
by Saqib Khan | May 7, 2024 | Conveyancing, General, Landlord and Tenant Law, People
Introduction
Buying a home is a significant milestone in one’s life, but it often comes with a hefty price tag. Many aspiring homeowners find it challenging to accumulate a substantial deposit for their dream home. This is where 100% mortgages come into play, offering an alternative path to homeownership. In this blog, we’ll explore the concept of 100% mortgages, how they work, their advantages, disadvantages, and whether they are a viable option for prospective homebuyers.
What Are 100% Mortgages?
A 100% mortgage, as the name suggests, allows you to borrow the entire purchase price of your home without the need to provide a deposit. Traditionally, lenders require borrowers to contribute a deposit, typically ranging from 5% to 20% of the property’s value, to secure a mortgage. However, with a 100% mortgage, you can buy a home with no deposit, which may seem like an attractive proposition, especially for first-time buyers.
How Do 100% Mortgages Work?
- Guarantor Mortgages: One common form of 100% mortgage in the UK is the guarantor mortgage. In this arrangement, a family member, usually a parent, acts as a guarantor for the loan. They offer their property or savings as collateral, ensuring the lender has a safety net in case the borrower defaults on payments.
- Joint Borrower Sole Proprietor Mortgages: Another option is the joint borrower sole proprietor mortgage. In this scenario, a family member joins the mortgage application with the borrower, typically to increase the borrower’s income and improve their affordability. However, the co-borrower does not have any ownership rights to the property.
- Specialist Lenders: Some specialist lenders offer 100% mortgages, but they often come with higher interest rates and stricter terms compared to traditional mortgages. These lenders may also require additional collateral or charge higher fees.
Advantages of 100% Mortgages
- No Deposit Required: The most significant advantage of a 100% mortgage is that it allows buyers to enter the property market without having to save for a deposit, which can take years.
- Access to the Property Market: It provides an opportunity for first-time buyers and those with limited savings to get on the property ladder sooner rather than later.
- Family Assistance: It enables families to support their children or relatives in purchasing their first home by acting as guarantors or co-borrowers.
Disadvantages of 100% Mortgages
- Higher Interest Rates: 100% mortgages often come with higher interest rates compared to traditional mortgages, which can lead to higher overall costs over the life of the loan.
- Limited Lender Options: Not all lenders offer 100% mortgages, and those that do may have stricter eligibility criteria.
- Risk to Guarantors: In guarantor mortgages, the guarantor’s property or savings are at risk if the borrower defaults, potentially putting their financial stability in jeopardy.
- Less Competitive Terms: Borrowers with a larger deposit typically receive better interest rates and more favourable mortgage terms.
Are 100% Mortgages a Viable Option?
While 100% mortgages can be a lifeline for some aspiring homeowners, they are not without risks and limitations. It’s crucial to carefully consider your financial situation and long-term goals before opting for a 100% mortgage. Here are some key factors to consider:
- Affordability: Can you comfortably make the mortgage payments, including interest, insurance, and property taxes, without straining your finances?
- Future Financial Stability: Assess your job security and future income prospects. A sudden change in circumstances could make it challenging to meet mortgage obligations.
- Alternatives: Explore other homeownership schemes and government-backed initiatives like Help to Buy, Shared Ownership, or the First Homes scheme, which might offer more favorable terms.
- Seek Professional Advice: Consult with a mortgage advisor or financial expert to assess your suitability for a 100% mortgage and explore all available options.
Conclusion
100% mortgages can be a valuable tool for prospective homebuyers who lack the funds for a traditional deposit. However, they come with their own set of challenges and risks. It’s essential to thoroughly research and consider your financial situation, long-term goals, and available alternatives before committing to a 100% mortgage. Make informed decisions to ensure that home ownership is a rewarding and sustainable journey for you and your family.
Whilst we cannot offer mortgage advice, please call our property department with any other concerns you may have on 0161 850 9911.
by Saqib Khan | Apr 11, 2024 | Conveyancing, Landlord and Tenant Law
Introduction
The question of whether purchasers or tenants can demand that pets be allowed to live with them in their flats is a topic that has sparked heated discussions and legal debates for quite some time. While the UK is known for its love of animals, it’s also a nation with a significant number of people living in flats or apartments, where pet policies can vary greatly. In this blog, we’ll explore the rights and responsibilities of both property owners and renters when it comes to keeping pets in flats.
Understanding the Landlord-Tenant Dynamic
Before diving into the specifics of pet policies, it’s crucial to understand the legal relationship between landlords and tenants. Landlords have a legal right to set the terms and conditions of their rental agreements, which can include pet policies. Conversely, tenants have rights as well, including the right to a quiet and peaceful enjoyment of their rented property.
Pet Policies in Rental Agreements
The inclusion of pet policies in rental agreements is a common practice. Landlords have the right to impose restrictions on whether pets are allowed in their flats. These restrictions can range from a complete ban on pets to more lenient policies that specify the types and sizes of pets that are permitted.
However, it’s important to note that since January 2021, the UK government has amended its model tenancy agreement to make it easier for renters with pets to find suitable accommodation. These changes encourage landlords to consider allowing pets in their properties, provided that tenants meet certain criteria and agree to adhere to responsible pet ownership guidelines.
Reasonable Pet Policies
A reasonable pet policy should strike a balance between the rights of landlords to protect their property and the rights of tenants to enjoy the companionship of their pets. A reasonable pet policy might include the following considerations:
- Pet Deposit: Landlords can ask for an additional security deposit to cover potential damages caused by pets. This deposit should be refundable if no damage occurs.
- Pet References: Tenants may be asked to provide references from previous landlords or neighbours to vouch for their responsible pet ownership.
- Pet Size and Breed Restrictions: Some landlords may have size or breed restrictions on the pets they allow in their flats.
- Responsible Ownership: Tenants should agree to clean up after their pets, prevent excessive noise, and ensure that their pets do not cause a nuisance to neighbours.
- Pet Clauses: Specific pet-related clauses should be added to the tenancy agreement, outlining the rights and responsibilities of both parties regarding pets.
Challenging a No-Pet Policy
If a flat has a strict “no-pets” policy, tenants do have some options to challenge it:
- Negotiate: Tenants can try to negotiate with the landlord to allow a pet, especially if they have a well-behaved animal and are willing to comply with any reasonable conditions.
- Check Local Laws: In some cases, local housing laws may override a “no-pets” policy, so it’s essential to research the specific regulations in your area.
- Appeal to a Tribunal: If all else fails, tenants can appeal to a tribunal or court to challenge an unreasonable “no-pets” policy, especially if they believe it infringes on their rights to quiet enjoyment and a family life.
Conclusion
The issue of whether purchasers or tenants can demand pets be allowed to live with them in their flats involves a delicate balance between the rights and responsibilities of landlords and tenants. While landlords have the right to set pet policies, recent changes in tenancy agreements encourage a more lenient approach, making it easier for responsible pet owners to find suitable accommodation. Communication, negotiation, and awareness of local laws are key factors in resolving any disputes regarding pet policies in flats. Ultimately, finding a middle ground that respects the interests of both landlords and tenants can lead to more harmonious living environments for everyone involved.
by Saqib Khan | Apr 9, 2024 | Conveyancing, Landlord and Tenant Law
The most recent ruling from the Upper Tribunal offers valuable insights into the application of the Building Safety Act 2022 concerning recoverable service charges. Specifically, it pertains to instances where there’s a request to bypass the section 20 consultation procedure for urgent major works.
Usually, if a freeholder landlord plans works that will cost a leaseholder more than £250, they must adhere to the consultation process outlined in section 20 of the Landlord and Tenant Act 1985 (LTA 1985). However, there’s an exception for urgent works, particularly those related to occupant safety, allowing landlords to apply to the First-tier Tribunal (FtT) for dispensation from the formalities. This exception now includes urgent works under the Building Safety Act 2022 (BSA 2022).
In the case of Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC), the landlord sought dispensation for urgent safety repairs at Hippersley Point. While unconditional dispensation was granted, a condition under section 20C restricted the recovery of application costs from service charges. Despite the landlord’s appeal and subsequent review, the First-tier Tribunal upheld this condition through a costs order, essentially preventing the recovery of application costs via service charges.
The appeal in the Upper Tribunal centered on two key points:
- Whether the FtT had the authority to impose a costs condition concerning service charges.
- The relevance of Paragraph 9 of Schedule 8 to the BSA 2022, which had just come into effect before the review decision.
The Upper Tribunal ruled that the FtT had erred in its decision by imposing the costs order without input from the involved parties. Furthermore, it emphasized that Paragraph 9 of Schedule 8 in the BSA 2022 outlined that leaseholders aren’t liable for service charge costs related to legal or professional services incurred due to relevant defects after June 28, 2022. This provision protects leaseholders from incurring costs for dispensation applications related to building safety works under the BSA 2022.
Essentially, this ruling signifies a shift in the liability for service charge costs incurred after June 28, 2022, exempting qualifying leaseholders from these expenses. It’s a critical consideration for landlords undertaking urgent property works, as it establishes a cut off for recoverable legal costs from service charges post-June 28, 2022.
If you have any concerns regarding the above, please feel free to contact our property department.
