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 26, 2024 | Conveyancing, Landlord and Tenant Law, Litigation
Introduction
Leasehold property ownership has long been a common way to own a home, especially in urban areas. However, many leaseholders face challenges and uncertainties when it comes to properties built using the Rapidly Applied Affordable Construction (RAAC) method. RAAC is a construction technique that was popular for its speed and cost-effectiveness but has since raised concerns due to issues related to building quality and safety. In this blog, we will discuss what leaseholders can do if their property was built using RAAC and what steps they can take to address potential issues.
Understanding RAAC Construction
RAAC construction is characterized by its rapid assembly of pre-fabricated components, often using lightweight materials. While this approach can deliver homes quickly and at a lower cost, it has also been associated with certain problems such as structural defects, inadequate insulation, and issues with fire safety.
Challenges for Leaseholders
Leaseholders of RAAC properties may face several challenges, including:
- Structural Concerns: RAAC properties may be more susceptible to structural issues, such as cracks in walls, due to the construction method. These issues can be costly to repair and may impact the property’s value.
- Fire Safety: Some RAAC properties have been found to have inadequate fire safety measures, which can pose significant risks to residents.
- Energy Efficiency: RAAC properties may not meet modern energy efficiency standards, resulting in higher energy bills for leaseholders.
- Warranty Issues: RAAC builders and developers may no longer be in business, making it difficult to claim on warranties for defects.
Steps for Leaseholders
If you are a leaseholder of an RAAC property, there are several steps you can take to address these challenges:
- Review Your Lease Agreement: Start by carefully reviewing your lease agreement to understand your rights and responsibilities as a leaseholder. Pay attention to any clauses related to maintenance and repairs.
- Join a Leaseholder Association: Consider joining or forming a leaseholder association with fellow residents. This can provide collective bargaining power and support in dealing with property-related issues.
- Seek Legal Advice: If you encounter structural defects, fire safety concerns, or other issues, consult one of our solicitors who specializes in property law. We can help you understand your legal options and potential claims against developers or builders.
- Engage with Local Authorities: Contact your local council and fire authority to report any concerns about fire safety or building quality. They may conduct inspections and take action if necessary.
- Energy Efficiency Improvements: Investigate energy-efficient upgrades that can improve the performance of your RAAC property. This may include better insulation, efficient heating systems, and double-glazed windows.
- Explore the Building Safety Act: Stay informed about developments in building safety legislation, such as the Building Safety Act. This legislation aims to improve building safety standards and may provide additional protections for leaseholders of RAAC properties.
- Consider Leasehold Reform: Keep an eye on proposed leasehold reform initiatives, which could change the legal framework for leasehold properties. These reforms may offer solutions for leaseholders facing RAAC-related challenges.
Conclusion
Leaseholders of RAAC properties face unique challenges related to building quality, safety, and energy efficiency. However, by understanding their rights, seeking legal advice, and engaging with local authorities and community organizations, leaseholders can take steps to address these issues. It is essential for leaseholders to stay informed about changes in legislation and actively advocate for their rights and the safety of their homes.
Please call us with any concerns you may have on 0161 850 9911.
by Saqib Khan | Mar 12, 2024 | General, Litigation, Personal injury
Introduction
In the ever-evolving world of corporate governance and financial reporting, the Financial Reporting Council (FRC) plays a pivotal role in ensuring transparency, accountability, and the integrity of financial information. The FRC sets standards and requirements that businesses in the UK must adhere to, but there are instances where exceptions can be made.
The Role of the FRC
The Financial Reporting Council, established in 1990, is the UK’s independent regulator responsible for promoting high-quality corporate governance and financial reporting. Its primary aim is to build trust in the corporate sector by upholding standards that ensure financial information is accurate, reliable, and useful to investors and the public.
Exceptions to FRC Requirements
While the FRC sets stringent requirements for financial reporting, there are circumstances where exceptions can be made. These exceptions typically fall into the following categories:
- Materiality: One of the fundamental principles in accounting and financial reporting is the concept of materiality. When a transaction, error, or omission is not considered material, it may not require strict adherence to FRC requirements. In such cases, businesses may exercise flexibility in presenting the information.
- Small Companies: The FRC recognizes that the financial reporting needs of smaller companies may differ significantly from those of large, complex entities. Small companies, as defined by the Companies Act 2006, may be exempt from certain FRC requirements, making the process more manageable for them.
- Micro-Entities: Micro-entities are a subset of small companies with specific criteria, such as low turnover and minimal assets. They are subject to reduced disclosure requirements, further reducing the regulatory burden.
- International Financial Reporting Standards (IFRS): In some cases, companies can apply International Financial Reporting Standards (IFRS) instead of UK Generally Accepted Accounting Principles (GAAP) when preparing their financial statements, subject to certain conditions. This allows for greater flexibility and alignment with international norms.
- Regulatory Changes and Adaptations: The FRC regularly reviews its standards to adapt to changing circumstances. During these reviews, it considers the impact on businesses and may provide transitional relief or exceptions to ease the transition into new regulations.
- Companies Act 2006 Exemptions: The Companies Act 2006 provides specific exemptions from certain FRC requirements for companies that meet the criteria. This includes exceptions related to the format of accounts, the audit requirement, and the need to file accounts with the Companies House.
Conclusion
While the Financial Reporting Council’s requirements are designed to maintain the highest standards of financial reporting and corporate governance in the UK, it is essential to recognize the need for exceptions. These exceptions ensure that businesses, especially smaller and less complex entities, can manage their financial reporting obligations effectively.
As a UK law firm, we understand the complexities of financial reporting and corporate governance. We work with our clients to ensure they meet their legal obligations while taking full advantage of any exceptions that apply to their unique circumstances. If you have questions or need guidance regarding FRC requirements and exceptions, do not hesitate to contact us on 0161 850 9911. We are here to help you navigate the intricate regulatory landscape and protect your interests.
by Saqib Khan | Mar 5, 2024 | Litigation, Powers of Attorney, Wills
In the wake of a loved one’s passing, emotions can run high, especially when it comes to the distribution of their estate. Unfortunately, disputes over wills are not uncommon, and they can lead to strained relationships and prolonged legal battles. If you find yourself in such a situation, you may be wondering whether it’s best to pursue litigation or mediation to resolve the dispute.
At Khan Mather, we understand the complexities and sensitivities involved in contested wills. Our goal is to provide clarity and guidance to our clients, helping them navigate the legal process with confidence and peace of mind. In this blog, we’ll explore the pros and cons of both litigation and mediation, helping you make an informed decision based on your unique circumstances.
Litigation:
Litigation involves taking the dispute to court, where a judge will ultimately make a decision on the matter. Here are some key points to consider:
- Formal Process: Litigation follows a formal legal process, with each party presenting their case before a judge. This can be time-consuming and costly, as it often involves extensive preparation, court fees, and legal representation.
- Adversarial Nature: Litigation is inherently adversarial, with each party working to prove their case and undermine the other’s arguments. This can lead to heightened tensions and further strain relationships between family members.
- Binding Decision: Ultimately, the judge’s decision is binding, meaning both parties must abide by the court’s ruling. While this provides a sense of finality, it also means relinquishing control over the outcome to a third party.
Mediation:
Mediation, on the other hand, involves engaging a neutral third party to help facilitate discussions and reach a mutually acceptable resolution. Here’s what you need to know about this alternative approach:
- Informal Process: Mediation offers a more informal and collaborative environment for resolving disputes. It allows both parties to express their concerns and interests openly, with the mediator guiding the conversation towards a resolution.
- Preservation of Relationships: Unlike litigation, which can further strain relationships, mediation focuses on finding common ground and fostering understanding between parties. This can be particularly beneficial for preserving family relationships and minimizing conflict.
- Control and Flexibility: In mediation, parties have more control over the outcome and can explore creative solutions that may not be available through litigation. This flexibility can lead to more tailored and satisfying resolutions for all involved.
Choosing the Right Path:
Ultimately, the decision to litigate or mediate will depend on your specific circumstances and priorities. While litigation may be necessary in cases of serious misconduct or irreconcilable differences, mediation offers a more collaborative and cost-effective alternative for many families.
At Khan Mather, we’re committed to helping our clients navigate contested wills with compassion and expertise. Whether you choose litigation or mediation, our experienced team is here to provide guidance every step of the way.
If you’re facing a disputed will and unsure of the best course of action, don’t hesitate to reach out to us for a confidential consultation. Together, we can explore your options and develop a strategy that aligns with your goals and values.
Remember, resolving a disputed will can be challenging, but with the right support and guidance, you can achieve a satisfactory outcome and move forward with peace of mind.
by Saqib Khan | Feb 13, 2024 | Business, General, Litigation, People
Introduction
In the dynamic landscape of business energy contracts, companies often find themselves grappling with unforeseen challenges, one of which is the presence of hidden commissions. These covert charges, lurking beneath the surface of seemingly transparent agreements, have become a significant concern for businesses seeking fair and cost-effective energy solutions. In this blog post, we shed light on the issue of hidden commission claims in business energy contracts within the UK, exploring the potential avenues for redress and the legal concepts of dilution and rescission.
Understanding Hidden Commissions
Hidden commissions are concealed charges that energy brokers or suppliers may include in business energy contracts, often without the knowledge or consent of the client. These undisclosed fees can significantly inflate the overall cost of energy services, impacting a company’s bottom line. Unscrupulous practices related to hidden commissions have prompted increased scrutiny, leading to a growing number of businesses exploring their options for reclaiming overpaid amounts.
Hidden Commission Claims
Businesses that suspect they may have fallen victim to hidden commissions have the right to pursue a claim against their energy supplier or broker. The first step in this process is often conducting a thorough review of the energy contracts in question. We can assist in identifying any hidden commissions and assessing their impact on the client’s financial obligations.
Dilution and Rescission:
Two legal concepts that may come into play when addressing hidden commission claims are dilution and rescission.
- Dilution: Dilution occurs when hidden commissions dilute the benefits intended for the client in the energy contract. In such cases, the client may not fully realize the expected cost savings or favourable terms initially negotiated. Legal remedies for dilution may involve seeking compensation for the diminished value of the contract or negotiating revised terms to restore the intended benefits.
- Rescission: Rescission is a more drastic measure, involving the cancellation of the contract altogether. If hidden commissions substantially impact the fairness and validity of the agreement, a business may pursue rescission to void the contract and seek restitution for any payments made. Rescission aims to place the parties in the position they would have been in had the contract never existed.
Conclusion
Businesses in the UK navigating the complex terrain of energy contracts must be vigilant against the presence of hidden commissions. Pursuing claims for redress, whether through dilution or rescission, is a legal avenue available to those seeking to rectify the financial harm caused by undisclosed charges. Consulting with one of our legal professionals specializing in energy law is crucial to understanding the intricacies of hidden commission claims and exploring the most effective paths to resolution. By unveiling the veil on hidden commissions, businesses can protect their interests and foster a fair and transparent energy marketplace.
by Saqib Khan | Feb 12, 2024 | General, Litigation
Introduction
In today’s interconnected world, finding love online has become increasingly common. However, along with the opportunities for romance come the risks of online scams. Romance banking scams, in particular, have been on the rise in recent years, leaving victims heartbroken and financially devastated. As a trusted law firm dedicated to protecting our clients’ interests, we feel compelled to shed light on this alarming trend and provide guidance on how to safeguard against these fraudulent schemes.
What are Romance Banking Scams? Romance banking scams, also known as romance scams or sweetheart swindles, involve perpetrators building fake romantic relationships with individuals online for the sole purpose of defrauding them of their money. These scammers often target vulnerable individuals who are seeking companionship, exploiting their emotions and trust to manipulate them into sending money.
How do Romance Banking Scams Work?
The modus operandi of romance banking scams typically involves several stages:
- Building Trust: Scammers create fake profiles on dating websites, social media platforms, or online forums, portraying themselves as attractive, charming, and trustworthy individuals. They invest time and effort in cultivating a relationship with their victims, often engaging in extensive communication via messaging, emails, or phone calls.
- Manipulating Emotions: Once trust is established, scammers exploit their victims’ emotions, weaving elaborate stories of hardship, tragedy, or urgent financial need. They may claim to be in a precarious situation, such as needing money for medical expenses, travel costs, or unexpected emergencies.
- Requesting Money: After gaining their victims’ sympathy and affection, scammers request financial assistance. They may ask for money outright or concoct elaborate scenarios to persuade victims to transfer funds, often using various excuses to justify their demands.
- Disappearing Act: Once they’ve obtained the money, scammers typically vanish without a trace, severing all contact with their victims. By the time the victims realize they’ve been deceived, it’s often too late to recover their losses.
The Impact of Romance Banking Scams
Romance banking scams can have devastating consequences for victims, both emotionally and financially. Beyond the financial loss, victims may experience feelings of betrayal, shame, and embarrassment. In some cases, the psychological trauma inflicted by these scams can be long-lasting, affecting victims’ trust in others and their ability to form genuine relationships in the future.
Protecting Yourself Against Romance Banking Scams
While romance banking scams can be difficult to detect, there are several measures you can take to protect yourself from falling victim:
- Exercise Caution: Be wary of individuals who seem too good to be true or who profess their love and devotion too quickly. Take the time to get to know someone before sharing personal or financial information.
- Verify Identities: Take steps to verify the identity of individuals you meet online, such as conducting reverse image searches or requesting video calls. Genuine individuals should be willing to provide proof of their identity.
- Guard Your Personal Information: Never share sensitive personal or financial information with someone you’ve met online, especially if you haven’t met them in person. Be cautious of sharing details that could be used to manipulate or defraud you.
- Stay Sceptical: Remain vigilant and question any requests for money or financial assistance, especially if they seem suspicious or come from someone you’ve only recently met online.
- Report Suspicious Activity: If you suspect that you’ve been targeted by a romance banking scam, report the incident to the relevant authorities, such as the police or Action Fraud. By speaking out, you can help raise awareness and prevent others from falling victim to similar scams.
Conclusion
Romance banking scams represent a significant threat to individuals seeking love and companionship online. By understanding how these scams operate and taking proactive steps to protect yourself, you can reduce the risk of becoming a victim. Remember, genuine relationships are built on trust, respect, and mutual understanding – if something feels off, don’t hesitate to trust your instincts and take the necessary precautions to safeguard your heart and your finances.
If you have been a victim of this type of scam, we may be able to recover your money for you. Contact us on 0161 850 9911 or email helen.penney@khanmather.co.uk.
