by Saqib Khan | May 1, 2023 | Conveyancing
The Building Safety Act and Leaseholder Protections (England) Regulations 2021 are two important pieces of legislation that have been introduced in the UK to improve building safety standards and protect leaseholders from potential hazards.
The Building Safety Act was introduced in response to the tragic Grenfell Tower fire in 2017, which claimed the lives of 72 people. This act sets out a new regulatory framework for building safety, with a particular focus on high-rise residential buildings. The act aims to ensure that those responsible for building design, construction, and maintenance are held accountable for building safety, and that there is greater transparency and communication around building safety issues.
One of the key provisions of the Building Safety Act is the creation of a new Building Safety Regulator (BSR), which will oversee the implementation of the new regulatory framework. The BSR will have the power to take enforcement action against those who fail to meet their obligations under the act, including imposing fines and even criminal sanctions.
The Leaseholder Protections (England) Regulations 2021, which were introduced alongside the Building Safety Act, aim to protect leaseholders from the costs associated with remediation work required to make their buildings safe. These regulations apply to buildings over 18 meters in height or six stories, and require building owners to undertake a fire risk assessment and provide this information to their tenants. They also require building owners to ensure that their buildings are safe, and to take remedial action if necessary.
The regulations also introduce a new Building Safety Charge, which will be payable by leaseholders to cover the costs of building safety measures. However, the regulations set out strict conditions on what costs can be passed on to leaseholders, and limit the amount that can be charged in any given year. The regulations also provide for a disputes resolution process, which can be used by leaseholders who feel that they have been unfairly charged.
Overall, the Building Safety Act and Leaseholder Protections (England) Regulations 2021 represent an important step forward in improving building safety standards and protecting leaseholders from potential hazards. However, there are concerns that the regulations do not go far enough, particularly in relation to the costs that may still be borne by leaseholders. It remains to be seen how effective the new regulatory framework will be in practice, but it is clear that building safety will remain a key issue for the UK government and the construction industry for some time to come.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | Apr 9, 2023 | Conveyancing, Landlord and Tenant Law
Introduction
When considering buying a property, one of the decisions you’ll face is whether to opt for a freehold property or a leasehold property. Freehold properties come with full ownership rights and are typically seen as desirable, but in some cases, they may come with service or estate charges. In this blog post, we will explore the pros and cons of freehold properties with service/estate charges, helping you make an informed decision.
Understanding Freehold Properties
Freehold properties are those where the homeowner owns both the property and the land it stands on outright. This means they have complete control and ownership of the property for an unlimited period. Traditionally, freehold properties were not associated with service or estate charges. However, in recent times, some freehold developments come with additional costs for the services and maintenance of common areas.
Pros of Freehold Properties with Service/Estate Charges
- Maintenance and Services: One of the advantages of freehold properties with service/estate charges is that they often come with shared amenities and services. These can include landscaping, gardening, security, trash collection, maintenance of common areas, and more. Having professionals take care of these aspects can save you time and effort.
- Shared Costs: With service/estate charges, the costs of maintaining and managing shared facilities and services are divided among all the homeowners in the development. This can help ensure that the costs are more manageable compared to having to bear the entire burden individually.
- Quality Control: When service/estate charges are in place, there is often a management company or residents’ association responsible for overseeing the upkeep and maintenance of the shared areas. This can lead to better quality control, ensuring that the common spaces and facilities are well-maintained and aesthetically pleasing.
Cons of Freehold Properties with Service/Estate Charges
- Additional Financial Responsibility: The most significant drawback of freehold properties with service/estate charges is the additional financial commitment they entail. Apart from the purchase price, you will have to consider ongoing service charges, which can vary in amount and frequency. These charges can impact your budget and affordability.
- Lack of Control: While service charges can contribute to well-maintained common areas, it also means that you may have limited control over decisions related to the management and allocation of funds. Some homeowners may feel frustrated if they disagree with the way funds are spent or if they have no say in the decision-making process.
- Uncertainty: Service/estate charges are subject to change over time. There is a possibility that these charges may increase, putting additional strain on your finances. It’s important to factor in the potential for rising costs when considering a freehold property with service/estate charges.
Conclusion
Freehold properties with service/estate charges offer a mixed bag of benefits and drawbacks. On one hand, they provide shared amenities, professional maintenance services, and shared costs. On the other hand, they come with additional financial responsibilities and potential lack of control over the management of funds. It’s crucial to carefully weigh these factors against your individual preferences and financial situation when deciding whether to opt for a freehold property with service/estate charges. Ultimately, thorough research and consultation with professionals can help you make an informed decision that aligns with your needs and goals as a homeowner.
Call 0161 850 9911 and speak to one of our Property Law solicitors now.
by Saqib Khan | Apr 5, 2023 | Conveyancing, Landlord and Tenant Law
Introduction
In the realm of commercial leasing, the relationship between landlords and tenants is governed by complex legal agreements. One critical aspect of this arrangement is the concept of forfeiture, which refers to the termination of a lease due to the tenant’s failure to meet certain obligations. However, recognizing the potential hardships faced by tenants, relief from forfeiture provisions have been established to safeguard their rights and provide a fair opportunity for resolution. In this blog post, we will explore the concept of relief from forfeiture of a commercial lease, its significance, and the potential avenues available for tenants to seek redress.
Understanding Forfeiture in Commercial Leases
Forfeiture is a legal mechanism that allows landlords to terminate a lease agreement and repossess the premises if a tenant breaches the terms of the lease. Common grounds for forfeiture may include non-payment of rent, failure to maintain the property, or engaging in activities that violate lease provisions. Once forfeiture occurs, tenants lose their right to occupy the property, potentially facing substantial financial losses and disruptions to their business operations.
The Need for Relief from Forfeiture
While forfeiture can be an effective tool for landlords to enforce lease obligations, it can also disproportionately impact tenants, particularly small businesses and startups. Recognizing this imbalance, relief from forfeiture provisions have been introduced to restore a fair balance and provide a safeguard for tenants facing the prospect of losing their premises.
Relief from forfeiture allows tenants to apply to the court for the reinstatement of their lease by rectifying the breach or providing sufficient compensation to the landlord. This provision aims to prevent the undue hardship faced by tenants, offering them an opportunity to rectify the default and maintain their tenancy.
Applying for Relief
Tenants seeking relief from forfeiture must initiate legal proceedings through the appropriate channels. It typically involves filing an application with the relevant court, providing detailed information about the breach, the steps taken to rectify it, and any mitigating circumstances. Courts will assess the application based on the merits of the case, weighing the interests of both parties involved.
Factors considered by the courts may include the seriousness of the breach, the tenant’s history of compliance, the efforts made to rectify the default, the impact on the landlord, and the potential prejudice to other stakeholders. The court’s decision will depend on the specific circumstances, and it may grant relief subject to certain conditions, such as the payment of arrears or the implementation of specific remedies.
The Benefits and Limitations
Relief from forfeiture provisions offer several key benefits to tenants. Firstly, they provide an opportunity to rectify the breach, allowing tenants to continue their business operations and avoid significant financial losses associated with relocation. Secondly, tenants can negotiate and reach agreements with landlords on revised lease terms, repayment plans, or rectification of the breach, providing a chance for compromise and resolution. Thirdly, it promotes fairness in commercial leasing relationships by ensuring that landlords cannot exercise disproportionate power over tenants.
However, it is important to note that relief from forfeiture is not an automatic entitlement. The court will carefully assess each case, and relief may be subject to specific conditions or require the payment of additional costs. Tenants must also be proactive in understanding their lease terms, promptly addressing any breaches, and seeking legal advice to navigate the complexities of the legal process.
Conclusion
Relief from forfeiture provisions in commercial leases serve as a vital mechanism to protect tenants’ rights and provide them with a fair chance to rectify breaches and maintain their tenancy. By striking a balance between the interests of landlords and tenants, these provisions help sustain business continuity and promote stability in the commercial leasing sector. It is crucial for tenants to be aware of their rights, seek legal guidance when needed, and explore all available avenues for resolution in the event.
Call 0161 850 9911 and speak to one of our Property Law solicitors now.
by Saqib Khan | Apr 1, 2023 | Conveyancing
When it comes to purchasing property with someone else, there are two main ways to own that property: as joint tenants or as tenants in common. Both types of ownership have their pros and cons, and it’s important to understand the differences so you can make an informed decision about which is right for you.
Joint tenancy is a type of co-ownership where all owners have equal rights to the property. When one owner dies, their share automatically passes to the remaining owners. This is known as the right of survivorship, and it means that the last surviving owner will inherit the entire property. Joint tenancy is often used by married couples or family members who want to ensure that their property passes directly to their partner or children without the need for probate.
Tenancy in common, on the other hand, is a type of co-ownership where each owner has a specific share of the property. These shares can be equal or unequal, and they can be bought or sold independently of the other owners. When one owner dies, their share passes to their heirs according to their will or state law. This means that the property can be inherited by multiple people, and it may need to be sold or divided among them.
So which is better: joint tenancy or tenancy in common? The answer depends on your individual circumstances and goals. Here are some factors to consider:
- Estate planning: If you want to ensure that your property passes directly to your partner or family members without the need for probate, joint tenancy may be the best option. However, if you have specific wishes about how your share of the property should be distributed after your death, or if you want to leave your share to someone who is not a joint tenant, tenancy in common may be a better choice.
- Ownership structure: Joint tenancy is often used by married couples or family members who want to own property together. However, if you are buying property with a business partner or friend, tenancy in common may be a better option because it allows you to have separate ownership interests and responsibilities.
- Financial considerations: If you are buying property with someone who has significantly more or less money than you do, tenancy in common may be a better choice because it allows you to divide ownership shares based on how much each person contributed. With joint tenancy, all owners have equal rights and responsibilities, regardless of how much they contributed.
- Management and control: Joint tenancy requires all owners to make decisions together, which can be a disadvantage if you have different ideas about how to manage the property. With tenancy in common, each owner has the right to manage and control their own share of the property, which can be beneficial if you want more control over your investment.
Ultimately, the decision to buy property as joint tenants or tenants in common depends on your individual circumstances and goals. It’s important to speak with one of our conveyancing solicitors, or financial advisor before making a decision to ensure that you fully understand the implications of each type of ownership.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | Feb 24, 2023 | Conveyancing
Mortgage firms often have panel solicitors to ensure that the legal process of completing a mortgage transaction is smooth and efficient. Panel solicitors are lawyers who have been selected and approved by the mortgage firm to handle the legal aspects of the mortgage transaction on behalf of the lender.
There are several reasons why mortgage firms have panel solicitors. Firstly, having a panel of solicitors helps to ensure that the lender can maintain quality control over the legal services provided to their clients. By having a pre-approved panel of solicitors, the mortgage firm can be confident that their clients are receiving a high standard of legal service.
Secondly, having a panel of solicitors allows mortgage firms to manage their legal costs more effectively. By selecting a group of solicitors to work with, mortgage firms can negotiate more favourable pricing arrangements with the solicitors on their panel. This helps to keep costs down for the lender, which can be passed on to the borrower in the form of lower fees.
Finally, having a panel of solicitors allows mortgage firms to maintain consistency and efficiency in their legal processes. By working with a group of pre-approved solicitors who are familiar with the lender’s requirements and procedures, mortgage firms can streamline the legal aspects of the mortgage transaction and ensure that the process is completed quickly and efficiently.
Overall, mortgage firms have panel solicitors to help ensure that their clients receive high-quality legal services, to manage legal costs, and to maintain consistency and efficiency in their legal processes.
Please call us to discuss this or any other property issues. Our conveyancing department would be happy to speak to you during working hours on 0161 850 9911 or at propertyteam@khanmather.co.uk
by Saqib Khan | Feb 2, 2023 | Conveyancing, Powers of Attorney, Wills
If you own a house with your partner but are unmarried in the UK, it’s important to protect your interests and ensure that you have legal rights to the property. Here are some steps you can take:
- Get a cohabitation agreement: A cohabitation agreement is a legal document that sets out how you and your partner will manage your joint assets, including the house. It can outline who owns what percentage of the property, how bills and expenses will be divided, and what will happen if you separate. Having this agreement in place can help to prevent disputes and ensure that you are both protected.
- Register your ownership: If the property is registered with the Land Registry, make sure that both you and your partner are listed as owners. You can choose to hold the property as either joint tenants or tenants in common. As joint tenants, you both own the property equally and if one of you dies, the other automatically inherits their share. As tenants in common, you each own a specific share of the property and can pass it on to whoever you choose in your will.
- Consider taking out a mortgage jointly: If you are both contributing to the mortgage, it’s a good idea to have both of your names on the mortgage agreement. This will ensure that you both have a legal right to the property and will be responsible for the mortgage payments.
- Keep records of your financial contributions: If one of you is contributing more to the mortgage or other household expenses, keep detailed records of this. This can help to prove your financial stake in the property if there is a dispute later on.
- Seek legal advice: If you are unsure about your legal rights and how to protect them, it’s a good idea to seek legal advice from a solicitor who specializes in property law. They can help you to understand your options and draft a cohabitation agreement that meets your needs.i
If you would like to discuss any of the above, please telephone Georgina Hardman in our wills department on 0161 850 9911 to discuss further.
