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 30, 2024 | General, People
Introduction
The legal profession has long been revered for its tradition, expertise, and commitment to justice. In the United Kingdom, solicitors play a crucial role in providing legal services, assisting clients, and upholding the rule of law. However, the pathway to becoming a solicitor has undergone a significant transformation with the introduction of Solicitors Qualifying Exams (SQE). This change, which came into effect in September 2021, has sparked conversations and debates within the legal community. In this blog, we will explore the SQE, its purpose, structure, and the implications it holds for aspiring solicitors and the legal profession as a whole.
The Need for Change
For many years, the traditional route to becoming a solicitor in England and Wales involved completing a law degree, followed by the Legal Practice Course (LPC), and then a period of training known as a Training Contract. While this system produced competent solicitors, it was often criticized for its high cost and lack of standardized assessment.
The Solicitors Regulation Authority (SRA) recognized the need for a more flexible, accessible, and consistent assessment process for aspiring solicitors. The SQE was conceived to address these issues, aiming to create a fairer, more inclusive system that would uphold the profession’s high standards.
The Structure of the SQE
The Solicitors Qualifying Exam consists of two stages: SQE1 and SQE2.
- SQE1: Assessment of Functioning Legal Knowledge
SQE1 is a computer-based assessment that tests candidates on their knowledge of the core legal principles and how they are applied in practice. It comprises two parts:
- Functioning Legal Knowledge (FLK): This part assesses candidates on legal subjects such as contract law, tort law, property law, criminal law, and more. It aims to ensure that candidates have a strong foundation in key areas of law.
- Practical Legal Skills (PLS): PLS evaluates candidates’ skills in areas like legal research, legal writing, and drafting legal documents.
- SQE2: Assessment of Practical Legal Skills
SQE2 is a series of practical assessments designed to test candidates’ ability to apply legal knowledge to real-life scenarios. It includes tasks like client interviewing, advocacy, legal research, and drafting. SQE2 aims to evaluate candidates’ practical skills, ensuring they are ready to practice law effectively.
Implications and Benefits
The introduction of the SQE has several implications for aspiring solicitors and the legal profession:
- Standardization: The SQE creates a standardized assessment process, ensuring that all solicitors meet the same minimum standards of knowledge and competence.
- Accessibility: The SQE’s modular structure allows candidates to choose when and how they prepare for the exams, making it more accessible to a diverse range of individuals.
- Cost-Efficiency: The SQE may reduce the overall cost of qualification, as candidates can choose from a variety of preparation providers and materials.
- Flexibility: The SQE provides flexibility in the way candidates prepare for the exams, allowing them to study part-time or while working in legal roles.
- Practical Skills Focus: With a stronger emphasis on practical skills, the SQE ensures that solicitors are better prepared for the challenges of legal practice.
Challenges and Concerns
While the SQE offers numerous benefits, it is not without its challenges and concerns. Some critics worry that it may put too much emphasis on exam performance and neglect the development of soft skills essential for legal practice, such as client communication and teamwork. Additionally, there are concerns about the potential for inequality, as some candidates may struggle with the cost of exam fees and preparation materials.
Conclusion
The introduction of the Solicitors Qualifying Exams represents a significant shift in the path to becoming a solicitor in England and Wales. By focusing on standardized assessments and practical skills, the SQE aims to create a more accessible and inclusive route to the legal profession. While it is not without its challenges, it is a step towards a more equitable and efficient system that aligns with the evolving needs of the legal profession in the 21st century. As the legal community continues to adapt to these changes, the impact of the SQE on the future of solicitors will undoubtedly be a topic of ongoing discussion and analysis.
by Saqib Khan | Apr 17, 2024 | General, Litigation
Introduction
In the realm of legal disputes, Alternative Dispute Resolution (ADR) and civil litigation are two well-established pathways to justice. As a recognised law firm in the UK, we understand the complexities of these processes and are committed to helping our clients achieve favourable outcomes. In this blog post, we will delve into the world of ADR and civil litigation, shedding light on the key differences, advantages, and when to opt for each approach.
Understanding ADR
Alternative Dispute Resolution (ADR) refers to methods of resolving legal disputes outside the courtroom. ADR techniques offer several advantages, making them a preferred choice for many clients and a valuable tool in our legal practice.
- Mediation: Mediation is a collaborative approach where a neutral third party, the mediator, facilitates communication between the parties. The aim is to reach a mutually satisfactory agreement. It often proves faster, more cost-effective, and less adversarial than litigation.
- Arbitration: In arbitration, parties present their case to an arbitrator, who makes a binding decision. This process offers flexibility, privacy, and expertise in the subject matter, making it a popular choice for resolving commercial disputes.
- Negotiation: Parties may engage in direct negotiations, settling their differences through discussion and compromise. This is the most informal ADR method, often employed before resorting to more structured ADR processes.
Understanding Civil Litigation
Civil litigation, on the other hand, involves disputes being resolved in a court of law. It is a formal and adversarial process that can be lengthy and costly. However, it remains essential for disputes where ADR is not feasible or has proven unsuccessful.
- Filing a Claim: Civil litigation starts with one party (the plaintiff) filing a claim against another party (the defendant) with a court. The defendant responds, and the litigation process begins.
- Discovery: This is a crucial phase in which both parties exchange information, evidence, and documents related to the case. It helps in building a robust case for trial.
- Trial: If a settlement cannot be reached during the pre-trial phase, the case goes to trial, where a judge or jury renders a verdict.
- **Appeal**: After the trial, either party may choose to appeal the decision if they believe there were errors in the legal process or the judgment itself.
When to Choose ADR or Civil Litigation
The decision to pursue ADR or civil litigation depends on the nature of the dispute and the specific needs and goals of the parties involved.
Choose ADR when:
- Privacy Matters: ADR proceedings are often confidential, preserving the reputation and trade secrets of the parties involved.
- Preserving Relationships: ADR methods promote cooperation and can be less adversarial, making them suitable for disputes involving ongoing relationships.
- Efficiency and Cost-Effectiveness: ADR processes are typically faster and more cost-effective than civil litigation, making them suitable for cases with limited time and resources.
Choose Civil Litigation when:
- Enforcing Legal Rights: When a party needs a court to enforce legal rights, such as obtaining an injunction, civil litigation is often the best route.
- Complex Legal Issues: In cases with complex legal matters or high stakes, litigation may provide a more comprehensive and structured resolution.
- Non-Cooperative Parties: When parties are unwilling to engage in good-faith negotiation or mediation, litigation may be the only viable option.
Conclusion
ADR and civil litigation are two valuable tools in the UK legal system for resolving disputes. As a reputable law firm, we understand the nuances of both approaches and work closely with our clients to determine the best strategy for their specific needs. Whether you choose ADR for its efficiency and cooperation or opt for civil litigation to enforce your legal rights, we are here to guide you through the process, ensuring that your interests are protected and justice is served.
Please call our civil litigation department on 0161 850 9911 to discuss any matters in this regard.
by Saqib Khan | Apr 1, 2024 | Conveyancing, General, Litigation
In recent years, the UK has witnessed a surge in the construction of new homes, promising modernity, comfort, and sustainability. However, amidst this housing boom, a concerning trend has emerged – the increasing prevalence of poor quality in new build properties. From structural defects to inadequate insulation, homeowners are facing a myriad of issues that undermine the very essence of homeownership – security and peace of mind.
At Khan Mather, we believe in advocating for the rights of homeowners and ensuring that they receive the quality they deserve. In this blog post, we delve into the root causes of the problem, its implications, and the legal avenues available to those affected.
Understanding the Causes
The reasons behind the decline in the quality of new build homes are multifaceted. One major factor is the pressure to meet high housing demand, leading to rushed construction schedules and cost-cutting measures by developers. Inadequate oversight and regulation exacerbate the problem, allowing substandard workmanship to go unchecked.
Moreover, the complexity of modern building techniques and materials has created challenges for both builders and inspectors, increasing the likelihood of errors slipping through the cracks.
Implications of Poor Quality New Build Homes for Homeowners
The consequences of purchasing a defective new build home can be devastating. Structural issues, dampness, and poor insulation not only compromise the safety and comfort of residents but also diminish the value of the property. In many cases, homeowners find themselves facing hefty repair bills, legal disputes with developers, and prolonged periods of uncertainty.
Beyond the financial implications, living in a defective property can take a toll on one’s physical and mental well-being, causing stress, frustration, and a sense of insecurity.
Legal Recourse
Fortunately, homeowners are not without recourse when faced with the ordeal of a poorly constructed home. Various legal avenues exist to hold developers accountable and seek redress for damages incurred.
One option is to pursue a claim under the Consumer Rights Act 2015, which provides protection for buyers against goods that are not of satisfactory quality or fit for purpose. Additionally, homeowners may have recourse through the NHBC Buildmark warranty or other structural insurance policies, which cover certain defects within a specified time frame.
Alternatively, if the defects are severe and widespread, homeowners may consider collective legal action, such as a group litigation order, to pool resources and strengthen their case against the developer.
Our Commitment
At Khan Mather, we are committed to standing by homeowners who have been affected by the scourge of poor quality new build homes. Our experienced team of solicitors specializes in construction law and will tirelessly advocate for your rights, guiding you through every step of the legal process with compassion and expertise.
If you find yourself grappling with the distressing reality of a defective new build property, don’t hesitate to reach out to us on 0161 850 9911. Together, we can work towards achieving the justice and resolution you deserve.
by Saqib Khan | Mar 13, 2024 | General
Introduction
In recent years, the legal landscape has seen a significant transformation with the integration of Artificial Intelligence (AI) into various facets of the industry. This technological shift has not only streamlined processes but also had a profound impact on the way UK law firms approach civil litigation. In this blog, we will delve into the multifaceted ways in which AI is revolutionizing civil litigation within the UK.
- Enhanced Legal Research
One of the primary challenges in civil litigation is the extensive and often time-consuming research required to build a strong case. AI-powered legal research tools have become indispensable for law firms. These tools can quickly sift through vast databases of legal precedents, statutes, and case law to provide lawyers with a comprehensive overview of relevant information. This not only saves time but also ensures that lawyers have access to up-to-date and relevant legal knowledge, giving them an edge in court.
- Predictive Analytics
AI algorithms are increasingly being used to predict case outcomes and to assess the potential risks and rewards of pursuing a specific legal strategy. By analysing historical case data and factoring in variables like judges’ tendencies, AI can provide lawyers with insights that help them make more informed decisions regarding settlements, trial strategies, and resource allocation.
- Document Review and e-Discovery
AI is also revolutionizing the document review process, a time-consuming and costly aspect of civil litigation. Machine learning algorithms can quickly scan and categorize vast amounts of documents, identifying relevant evidence and minimizing the chances of missing crucial information. This not only speeds up the review process but also helps law firms reduce costs associated with document review.
- Early Case Assessment
AI can analyse case documents and provide early case assessment reports that estimate the likely costs and outcomes of a case. This enables law firms to make well-informed decisions about whether to take on a case and how to proceed. By providing clarity on the financial and strategic aspects of litigation, AI empowers law firms to manage their resources more efficiently.
- Improved Due Diligence
In corporate and commercial litigation, AI plays a critical role in due diligence processes. When dealing with mergers and acquisitions, real estate transactions, or compliance issues, AI can quickly analyse contracts and identify potential risks, inconsistencies, or compliance violations. This speeds up due diligence procedures and helps law firms ensure their clients are making informed decisions.
Challenges and Ethical Considerations
While AI has brought remarkable advancements to the field of civil litigation, it is not without its challenges. Law firms must consider issues related to data privacy, algorithm transparency, and the potential for bias in AI systems. It is essential for UK law firms to strike a balance between technological innovation and maintaining the ethical and legal standards of the profession.
Conclusion
Artificial Intelligence has become an integral part of civil litigation within UK law firms. By enhancing legal research, offering predictive analytics, streamlining document review, and providing early case assessment, AI is changing the way lawyers approach litigation. It not only improves the efficiency and accuracy of legal processes but also allows law firms to provide better services to their clients. As the legal industry continues to embrace AI, the future of civil litigation in the UK promises to be more innovative, cost-effective, and client-focused.
