by Saqib Khan | Jun 18, 2025 | General, Litigation, People, Personal injury
Significant changes to whiplash injury compensation are set to take effect on 31 May 2025, as the UK government updates the Whiplash Injury Regulations. These amendments aim to adjust compensation amounts in line with inflation and ensure fair treatment for claimants.
Key Changes:
- Increased Compensation Tariffs: The fixed compensation amounts for whiplash injuries lasting up to two years will rise by approximately 14–15%, accounting for inflation from 2021 to 2024 and projecting ahead to 2027.
- Effective Date: The new tariffs apply to accidents occurring on or after 31 May 2025. Claims from incidents before this date will follow the existing tariff structure.
- Tariff Structure Maintained: The current framework, which includes separate considerations for minor psychological injuries, remains unchanged.
Implications for Claimants:
- Enhanced Compensation: Claimants with qualifying injuries from accidents on or after the effective date can expect higher compensation amounts.
- Continued Use of Official Injury Claim Portal: The Official Injury Claim service remains the primary platform for submitting and managing low-value road traffic accident claims.
- Medical Evidence Requirement: All claims must be supported by medical evidence; pre-medical offers to settle are prohibited.
How Khan Mather Solicitors Can Assist:
Navigating personal injury claims can be complex, especially with evolving regulations. Our experienced team at Khan Mather Solicitors is here to guide you through the process, ensuring you receive the compensation you deserve. If you have any questions, please do not hesitate to telephone Hannah on 0161 850 9911.
by Saqib Khan | Jun 12, 2025 | Conveyancing, General, Landlord and Tenant Law
Recent headlines reveal a significant trend in the UK rental market: nearly half of landlords are reportedly planning to increase rents ahead of the impending rental reforms. This news, while perhaps not entirely surprising, highlights the complex landscape facing both landlords and tenants as significant legislative changes approach.
At KhanMather, we understand that these developments can create uncertainty and concern. As a law firm committed to providing clear, practical advice, we aim to shed light on what these planned rent increases mean and how both parties can navigate the evolving legal framework.
The Driving Force: Impending Rental Reforms
The anticipated increase in rents is largely a pre-emptive response to the Renters’ Rights Bill, which is set to bring about the most significant changes to the private rented sector in decades. Key reforms include:
- Abolition of Section 21 “no-fault” evictions: This is arguably the most impactful change, giving tenants greater security of tenure and empowering them to challenge poor practices without fear of arbitrary eviction.
- Move to periodic tenancies: All assured shorthold tenancies will become periodic, meaning tenants can stay indefinitely unless a landlord has a valid, specified ground for possession.
- Restrictions on rent increases: Landlords will generally be limited to one rent increase per year, which must be in line with the market rate. Tenants will have the right to challenge excessive increases at a First-tier Tribunal.
- New Landlord Ombudsman and Private Rented Sector Database: These measures aim to provide better dispute resolution and greater transparency in the sector.
- Application of the Decent Homes Standard: All rental properties will need to meet minimum quality standards.
Why Are Landlords Increasing Rents Now?
The news that 44% of Buy-to-Let landlords intend to raise rents, with an average increase of 6%, suggests several motivations:
- Anticipation of reduced flexibility: With the abolition of Section 21 and the shift to periodic tenancies, landlords may feel they will have less control over their properties and the ability to adjust rents to market rates as frequently. Increasing rents now allows them to secure a higher income before these new limitations come into full effect.
- Covering increased costs: Landlords face rising operational costs, including increased mortgage interest rates, maintenance expenses, and potential new compliance costs associated with the reforms. Higher rents can help offset these pressures.
- Addressing market rates: While the Bill limits future increases to once a year at market rate, some landlords may feel their current rents are below market value and are seizing the opportunity to align them before new regulations are fully implemented.
- Uncertainty and risk mitigation: The sheer scale of the reforms introduces an element of uncertainty. Some landlords may be increasing rents as a form of risk mitigation, ensuring a stronger financial position as they adapt to the new legal landscape.
Implications for Tenants
For tenants, the prospect of increased rents adds another layer to the ongoing cost of living crisis. While the reforms are designed to offer greater protections, the immediate impact for many could be higher housing costs. It is crucial for tenants to understand their rights, particularly regarding challenging excessive rent increases once the new legislation is in place.
Navigating the Changes: Our Advice
For Landlords:
- Stay informed: The Renters’ Rights Bill is progressing, and understanding its nuances is critical. Keep abreast of the latest updates and the precise implementation timelines.
- Review your portfolio: Assess your current rental agreements and consider how the new periodic tenancy structure will impact your properties.
- Understand possession grounds: Familiarise yourself with the expanded Section 8 grounds for possession. Effective tenant management and thorough record-keeping will become even more vital.
- Ensure compliance: Proactively work towards meeting the Decent Homes Standard and prepare for mandatory registration with the Private Rented Sector Database.
- Seek legal advice: If you are considering rent increases or are unsure about any aspect of the upcoming reforms, professional legal advice is invaluable to ensure compliance and avoid future disputes.
For Tenants:
- Understand your tenancy agreement: Know your current terms and conditions.
- Be aware of your rights: Once the Renters’ Rights Bill is enacted, you will have greater protection against arbitrary evictions and the ability to challenge unreasonable rent increases.
- Keep clear records: Document all communications with your landlord, particularly regarding rent increases or property maintenance issues.
- Know where to seek help: If you believe a rent increase is unfair or you are facing other issues, be aware of the resources available to you, including the new Landlord Ombudsman.
KhanMather: Your Partner in the Evolving Rental Landscape
The UK rental market is undergoing a significant transformation. At KhanMather, our experienced legal team is dedicated to helping both landlords and tenants understand and navigate these changes. Whether you require advice on compliance, tenancy agreements, dispute resolution, or simply want to ensure you are fully prepared for the new era of renting, we are here to offer clear, practical, and effective legal solutions.
Don’t let uncertainty lead to costly mistakes. Contact Hannah at KhanMather today on 0161 850 9911 for tailored legal guidance on the Renters’ Rights Bill and its impact on your property interests.
by Saqib Khan | Jun 4, 2025 | General, Powers of Attorney, Wills
At Khan Mather, we believe that preparing for the future should be a straightforward and reassuring process. That’s why we’re keenly following the Law Commission’s recently published “Modernising Wills Report”, a significant step towards bringing wills law into the 21st century. This comprehensive review, culminating in a final report on 16th May 2025, proposes crucial reforms to the Wills Act 1837 – a piece of legislation that has remained largely unchanged for over 180 years.
So, what does this mean for you and your estate planning? Let’s break down the key recommendations:
- Embracing the Digital Age: Electronic Wills
One of the most anticipated and impactful recommendations is the groundwork laid for electronic wills. While not immediately becoming legal, the report proposes empowering the government to introduce them in the future, once robust safeguards are in place. This would allow wills to be created, signed, and stored digitally, moving away from the traditional paper-based system.
What this means for you:
This could offer greater flexibility and convenience, especially for those with digital assets, mobility issues, or who travel frequently. However, the emphasis on robust systems for authenticity, security, and protection against undue influence is paramount, and we at Khan Mather will ensure we are at the forefront of understanding and implementing any future changes.
- A More Flexible Approach: Dispensing Power for Imperfect Wills
The current law is notoriously strict when it comes to the formalities of making a valid will. Even minor errors can lead to a will being deemed invalid, often frustrating a testator’s clear intentions. The Law Commission recommends granting the courts a dispensing power. This would allow judges to uphold a will even if it doesn’t meet all the formal requirements, provided they are satisfied that it clearly represents the deceased’s genuine testamentary intentions at the time of their death.
What this means for you:
This is a welcome change that aims to prevent unintended intestacy (dying without a valid will) due to technicalities. It could open the door for informal notes, voice recordings, or even video messages to be considered if they clearly express a person’s wishes. While this offers more flexibility, it also highlights the continued importance of clear and unambiguous expression of your intentions, and professional legal advice remains crucial to minimise potential disputes.
- Lowering the Age for Making a Will: 16 and Beyond
Currently, you must be 18 to make a valid will. The report suggests lowering this age to 16 years old. This aligns the ability to make a will with other legal responsibilities that individuals can undertake at this age, such as marrying. The court could also be given the power to authorise a will for a child under 16 in specific circumstances.
What this means for you:
This recognises the increasing financial independence of young people and allows them to plan for their assets, especially in situations where they may have complex family circumstances or face serious illness.
- Ending the “Predatory Marriage” Trap: No Automatic Revocation on Marriage
Under current law, getting married or entering a civil partnership automatically revokes any existing will, unless the will was made in contemplation of that specific marriage. This rule often catches people unawares and can lead to unintended consequences, sometimes even facilitating “predatory marriages” where vulnerable individuals are married for financial gain, with their previous will being invalidated.
The Law Commission recommends abolishing this automatic revocation rule.
What this means for you
This is a crucial safeguard, protecting vulnerable individuals and ensuring that a person’s carefully considered testamentary wishes are not inadvertently cancelled by marriage. While beneficial, it does mean that if you wish your will to change upon marriage, you will need to specifically update it.
- A Unified Approach to Mental Capacity and Undue Influence
The report proposes aligning the test for testamentary capacity with the more modern framework of the Mental Capacity Act 2005, providing greater consistency across different areas of law. Furthermore, it recommends a statutory doctrine for undue influence, allowing courts to infer undue influence where there are reasonable grounds to suspect it, offering better protection for vulnerable testators.
What this means for you:
These recommendations aim to provide clearer guidance and stronger protections against manipulation and coercion when a will is being made.
What Happens Next?
The Law Commission has published its final report and a draft Bill for a new Wills Act. It is now up to the Government to consider these recommendations and decide whether to introduce legislation. While there’s no immediate change to the current law, these proposals signal a significant shift in how wills may be viewed and created in the future.
Our Advice at Khan Mather
Until any new legislation is formally enacted, it is vital to continue to make and execute your will in accordance with the existing Wills Act 1837. This ensures your wishes are legally binding and minimises the risk of disputes.
The proposed reforms highlight the importance of regularly reviewing your will to ensure it reflects your current wishes and circumstances. Whether you’re considering making a new will, updating an existing one, or simply want to understand how these potential changes might affect your legacy, the Private Client and Wills team at Khan Mather is here to help.
Telephone Georgina on 0161 850 9911 for expert, tailored advice and peace of mind for your future.
by Saqib Khan | May 29, 2025 | General, Litigation, People, Personal injury
In a significant decision on 25 February 2025, the Court of Appeal has reaffirmed the right of children and protected parties to remain anonymous when settling personal injury claims. This ruling restores clarity after a recent High Court judgment had introduced uncertainty regarding these protections.
Key Points
- Reaffirmation of Established Principles: The Court confirmed that the principles established in JXMX v Dartford and Gravesham NHS Trust [2015] remain binding. This means that anonymity should continue to be granted as a matter of routine unless there is a compelling reason otherwise.
- Balancing Transparency and Privacy: While open justice is a fundamental principle, the Court acknowledged the unique challenges in cases involving children and protected parties. Publicly revealing their identities could expose them to exploitation, unwanted intrusion, and financial targeting.
- Use of Standard Procedures: The judgment emphasised the importance of using the court’s PF10 form when applying for anonymity orders, maintaining consistency with the JXMX framework.
Implications for Claimants
This decision provides reassurance to vulnerable claimants that their privacy will be protected during legal proceedings. However, legal practitioners remain cautious as the legal landscape continues to evolve, with further rulings anticipated that could impact the approach to anonymity in the courts.
At Khan Mather Solicitors, we are committed to safeguarding our clients’ rights and privacy. If you have concerns about anonymity in personal injury claims, our experienced team is here to provide guidance and support, so call on 0161 850 9911 and speak to one of our Litigation Solicitors.
by Saqib Khan | May 27, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying a home is a significant life event. If you are considering a leasehold property, it is crucial to fully understand the implications of this form of ownership. At KhanMather, our Residential Property Solicitors are dedicated to guiding you through the intricacies of freehold, leasehold, and commonhold titles, empowering you to make confident and informed decisions when purchasing your new home.
What Does ‘Leasehold’ Mean?
Leasehold remains a prevalent form of property title in England and Wales, particularly in regions such as the North West, where 27% of properties are leasehold, and London, with 36%.
Unlike freehold ownership, where you purchase both the building and the land it occupies, leasehold means you acquire ownership of the building for a fixed period, known as the lease term. During this term, you “lease” the property from the freeholder, who retains ownership of the underlying land.
The parties involved in a leasehold agreement typically include:
- Leaseholder (Tenant): You, as the owner of the property for the lease term.
- Freeholder (Landlord): The owner of the land on which the property is built.
- Management Company (Optional): A separate entity responsible for maintaining common areas.
Lease terms commonly range from 99, 125, 250, to 999 years. It is vital to monitor the remaining years on your lease, as the property’s value diminishes significantly as the term shortens. Mortgage lenders generally show reluctance to lend on properties with fewer than 80 years left on the lease. Upon expiry, ownership reverts to the freeholder unless the lease is formally extended.
Common Leasehold Terms
When considering a leasehold property, you will encounter specific financial and operational terms:
- Ground Rent: This is an annual payment made to the freeholder as a condition of the lease, distinct from payments for services. Historically nominal, some modern leases incorporate “escalating” ground rent clauses, leading to substantial increases over time. Recognising these concerns, legislation enacted in July 2022 prevents the creation of new leases with ground rents exceeding a peppercorn (a nominal sum). The future treatment of existing leases with escalating ground rent clauses remains a subject of ongoing legal discussion.
- Service Charge: In addition to ground rent, leaseholders often contribute to a service charge. These payments, made to the landlord or a designated management company, cover the maintenance of communal facilities such as shared entrances, staircases, gardens, courtyards, or car parks. When viewing a property that may incur a service charge, we recommend requesting a copy of the service charge budget to assess the level of charge and factor it into your overall budget.
Restrictions and Covenants
Leases commonly contain restrictions, known as covenants, which can be more stringent than those associated with freehold properties. It is imperative to review the lease thoroughly to understand what you can and cannot do with the property. Common restrictions include:
- Prohibitions on external or structural alterations, including extensions, without the consent of the freeholder or management company.
- Limitations on pets, potentially requiring consent from the freeholder or management company.
- Restrictions on sub-letting the property without the consent of the freeholder or management company.
Extending the Lease or Purchasing the Freehold
Recent legislative changes have removed the minimum ownership period previously required before a leaseholder could approach the freeholder to purchase the freehold or extend their lease.
Under the Leasehold Reform Act 1967, leaseholders of houses have the statutory right to acquire the freehold interest, a process known as enfranchisement. While some freeholders may agree to sell their interest voluntarily, others necessitate a formal claim and adherence to a statutory procedure. Seeking professional legal advice is crucial to navigate this process effectively and understand the potential costs involved.
What is Commonhold?
Introduced by the Commonhold and Leasehold Reform Act 2002, commonhold offers an alternative to the traditional long leasehold system. Although its initial reception by mortgage lenders and developers limited its widespread adoption, new proposals aim to revitalise commonhold, enhancing the structure and management of multi-occupancy developments or estates.
In theory, commonhold enables individual unit owners (e.g., houses or flats within a larger building) to own the freehold of their specific unit. A “commonhold association,” comprising the individual unit owners, would be formed and registered at Companies House. This association would own and manage the common parts of the building and estate, such as entrances, communal gardens, car parks, and the building’s structural elements.
Instead of a lease, a “commonhold community statement” would define the rights of individual unit owners to use common areas and establish their mutual responsibilities. A “commonhold assessment,” similar to a service charge, would be paid to contribute towards maintenance costs.
Further legislation is anticipated to make commonhold a more widely utilised structure, and we are closely monitoring these developments to provide our clients with the most up-to-date advice.
If you have any questions, p[lease telephone Hannah on 0161 850 9911.
by Saqib Khan | May 22, 2025 | General, People, Powers of Attorney, Wills
In a significant development for bereaved families, HM Courts and Tribunals Service (HMCTS) has successfully reduced average probate waiting times from twelve weeks at the end of 2023 to just over four weeks by December 2024. This improvement is part of the government’s initiative to address backlogs exacerbated by the COVID-19 pandemic .
Key Improvements:
- Digital Applications: Approximately 80% of probate applications are now processed online, with digital applications averaging just over two weeks to complete.
- Efficient Processing: For applicants who submit documents without issues, probate is granted in less than a week on average.
- Staff Training: Additional staff have been trained as part of the government’s Plan for Change to restore public services .
At Khan Mather Solicitors, we welcome these advancements, which aim to ease the burden on individuals navigating the probate process during challenging times. Our team remains committed to providing expert guidance to ensure a smooth and efficient experience for our clients.
If you have any questions regarding Probate, please do not hesitate to contact Hannah on 0161 850 9911.
