Asylum Seeker Accommodation in Altrincham Hotels: Is it affecting the house prices?

Altrincham has always been a sought-after location, known for its vibrant town centre, excellent schools, and beautiful residential areas. In recent times, however, a new topic of conversation has entered the local discourse: the use of hotels, such as the Cresta Court, to house asylum seekers. This has prompted many questions from residents, including concerns about the potential impact on our community and, specifically, on local house prices.

As a law firm deeply rooted in the Altrincham community, we at KhanMather Solicitors understand these concerns and believe it’s important to provide clarity on the legal and practical aspects of this issue.

The Legal Obligation

First and foremost, it’s crucial to understand the legal framework. The UK government has a statutory obligation under the Immigration and Asylum Act 1999 to provide accommodation and support to asylum seekers who are destitute while their claims are being processed.

For years, the Home Office has relied on a “dispersal” model, where asylum seekers are placed in private rental accommodation across the country. However, due to a significant increase in asylum applications and a shortage of suitable housing, the government has increasingly turned to hotels as a form of “contingency accommodation.” While the government has stated its commitment to ending the use of hotels, this temporary measure remains in place.

Impact on Local Communities

The decision to use a hotel as asylum accommodation is a Home Office matter, often made with limited consultation with local authorities or residents. This lack of transparency has understandably led to frustration and concern within communities like Altrincham.

Some of the key concerns raised by residents and local councils include:

  • Strain on Local Services: There are worries about the additional pressure on already stretched services such as healthcare, education, and policing.
  • Loss of a Community Asset: The repurposing of a hotel means the loss of a venue for weddings, conferences, and tourism, which can impact the local economy.
  • Community Cohesion: The sudden change can sometimes lead to tension and division, as seen by the protests and counter-protests that have taken place outside Altrincham’s Cresta Court hotel.

The Question of House Prices

When it comes to the effect on house prices, the situation is complex. There are arguments on both sides, and research on the matter is varied.

  • Potential Negative Impact: Some studies and anecdotal evidence suggest that the presence of asylum seeker accommodation can have a negative effect on local property values, particularly in areas with lower-priced, lower-quality housing. The argument is that some residents may choose to move out, creating a downward pressure on prices. This can be exacerbated by negative sentiment or public perception, which may deter potential buyers.
  • Minimal or No Impact: Conversely, other reports and research suggest that the impact is minimal, or even non-existent, especially in established, high-demand areas. The presence of asylum seeker accommodation is often just one of many factors that influence house prices. The overall strength of the local market, including job opportunities, school ratings, and other amenities, typically has a far greater effect.

In Altrincham, a town with a strong property market and a reputation for being a desirable place to live, it is unlikely that the presence of one or two hotels housing asylum seekers would be the sole factor in causing a significant drop in house prices across the board. However, it’s important to recognise that individual properties in very close proximity to the affected hotels might see some degree of fluctuation or a longer time on the market.

Our Perspective as a Law Firm

At KhanMather, we advise clients on a wide range of property and legal matters. While we cannot predict the future of the housing market, we can provide guidance on the legal implications of property transactions and disputes.

If you are a homeowner or a potential buyer in the Altrincham area and have concerns, our advice is to:

  • Seek Informed Legal Advice: Understand your legal rights and obligations.
  • Conduct Thorough Research: Look at the wider market trends in the area, not just a single, isolated factor.
  • Focus on the long-term view: The use of hotels for asylum seekers is a temporary measure, and the government has a stated policy of ending this practice.

The situation in Altrincham is a microcosm of a much larger, national issue. As a community, we must navigate this challenge with understanding and an informed perspective. While the legal and logistical aspects are complex, our role is to help our clients understand their position and make sound decisions based on accurate information, not speculation.

Leasehold vs. Freehold: Understanding the Key Differences Before You Buy

When you start looking for a new home, you’ll encounter two fundamental types of property ownership: freehold and leasehold. It’s a distinction that goes far beyond a simple label and has significant implications for your rights, responsibilities, and long-term costs.

At KhanMather Solicitors, we help our clients understand the nuances of both and guide them toward a purchase that is right for them. Here’s a simple breakdown of the key differences to consider before you buy.

Freehold: The Full Ownership Model

Freehold ownership is the most straightforward type of property ownership in the UK.

  • What it is: When you buy a freehold property, you own both the building and the land it stands on outright, for an indefinite period.
  • Common examples: Most houses in the UK are sold as freehold.
  • Key implications:
    • Full Control: You are the sole owner and are responsible for all repairs, maintenance, and insurance of the property. You have the freedom to carry out most alterations (subject to planning permission and building regulations).
    • No Ground Rent: You do not have to pay ground rent to a landlord.
    • No Service Charges: You are not subject to service charges for the maintenance of communal areas, as there are none.
    • Easier to Sell: Freehold properties are generally more attractive to buyers and lenders because there are fewer legal complexities involved.

Leasehold: The Long-Term Rental Agreement

Leasehold ownership is essentially a long-term tenancy agreement.

  • What it is: You own the right to live in the property for a fixed period (the “term of the lease”). You don’t own the land or the structure itself—that remains with the “freeholder” or “landlord.”
  • Common examples: Almost all flats and apartments, and a growing number of new-build houses, are sold as leasehold.
  • Key implications:
    • Fixed Term: Leases can be very long (99, 125, or even 999 years). However, the length of the lease is crucial. As the term gets shorter (typically below 80 years), the property becomes harder to mortgage and can drop significantly in value.
    • Ground Rent & Service Charges: You will typically have to pay annual ground rent to the freeholder and service charges for the maintenance of the building’s structure and communal areas (e.g., roof repairs, stairwell cleaning, communal gardens).
    • Lease Covenants: The lease will contain covenants (rules) that you must abide by. These can restrict what you can do with the property, such as making alterations, owning a pet, or sub-letting.
    • Lease Extension: If your lease term becomes too short, you will need to extend it. This can be a complex and costly legal process, and it requires negotiation with the freeholder.

Which is the Right Choice for You?

When choosing between a freehold and a leasehold property, here’s what to consider:

  • For Freehold Buyers:
    • Pros: Full control, no ground rent or service charges, generally a more straightforward sale.
    • Cons: You are solely responsible for all maintenance costs, including unexpected and expensive repairs to the roof or foundations.
  • For Leasehold Buyers:
    • Pros: The freeholder is responsible for maintaining the building’s structure and communal areas, which can be a relief for flat owners.
    • Cons: Ongoing ground rent and service charges, potential for costly lease extensions, and less control over your property.

Your Conveyancing Solicitor: Your Guide to the Fine Print

Whether you are buying a freehold or a leasehold property, having an expert conveyancing solicitor is non-negotiable.

For freehold properties, we will scrutinise the title deeds and searches to ensure you are gaining full ownership with no hidden surprises.

For leasehold properties, our role is even more critical. We will:

  • Examine the length of the lease.
  • Analyse the ground rent and service charge clauses.
  • Review all covenants to ensure you understand any restrictions.
  • Check for any known issues with the freeholder.

At KhanMather Solicitors, we provide expert, jargon-free advice on your property purchase. We will help you understand the long-term implications of a leasehold or freehold title, giving you the confidence to make a truly informed decision.

If you are thinking of buying, contact Hannah on 0161 850 9911 today for a conveyancing quote and a clear explanation of your options.

5 Key Conveyancing Searches and What They Mean for Your House Purchase

When you’re buying a house, you’ll hear a lot about surveys and mortgage offers. But there’s another, equally critical part of the process that happens behind the scenes: conveyancing searches.

At KhanMather Solicitors, we often describe these searches as the legal equivalent of a thorough check-up on the property. While a survey tells you about the physical condition of the building, the searches tell you about the legal health of the property and the land it sits on. They can reveal hidden issues that a physical inspection would never uncover, and they are essential for protecting your investment.

Here are five key conveyancing searches and what they mean for your purchase.

  1. Local Authority Search

This is arguably the most important of all the searches. We submit a request to the local council to find out a wealth of information, including:

  • Planning Permission: Have there been any planning applications (granted or refused) for the property or land nearby? This is crucial for understanding potential future changes to the area.
  • Building Regulations: Has the property had any extensions or alterations, and were they approved by the council? This can reveal unapproved work that might cause problems later.
  • Roads: Is the road the property is on adopted by the council? If not, the residents might be responsible for its upkeep.
  • Conservation Areas and Listed Buildings: Is the property in a conservation area or is it a listed building? This can place significant restrictions on future modifications.
  1. Drainage and Water Search

This search is carried out with the local water and sewerage authority. It confirms how the property is connected to the public drainage and water mains. It reveals:

  • Public Sewers and Drains: Are there public sewers running under the property? This is vital information, as it could affect your ability to build an extension or carry out other works.
  • Water Supply: Is the property connected to a public water supply, and is it metered?
  • Drainage: How is wastewater drained from the property?

This search can flag issues that might lead to unexpected costs, such as the need to pay for a private drain to connect to the public sewer.

  1. Environmental Search

This search, conducted through a specialist third-party company, looks at the land’s history to assess any environmental risks. It will highlight:

  • Contaminated Land: Has the land previously been used for industrial purposes, such as a factory or a landfill? This could mean it contains harmful contaminants that would require costly clean-up.
  • Flooding Risk: Is the property located in a high-risk flood zone?
  • Radon Gas: What is the risk of radon gas levels in the area?

While these risks are often low, uncovering them is crucial for a complete picture of the property’s suitability.

  1. Chancel Repair Liability Search

This may sound archaic, but it’s still a valid concern. The search checks if the property is in a parish where landowners are liable for the cost of repairing the local church’s chancel (the part of the church around the altar). While rare, this liability can be unlimited, so it’s a risk we always check for. In some cases, we might advise taking out insurance to protect against it.

  1. Title Register and Plan

While not a ‘search’ in the same way as the others, reviewing the Title Register and Plan from the Land Registry is a fundamental part of the process. These documents confirm:

  • Ownership: Who legally owns the property.
  • Boundaries: The official legal boundaries of the property.
  • Easements and Covenants: Any rights of way (e.g., a neighbour’s right to access your driveway) or restrictions (e.g., a covenant preventing you from building an extension).

A thorough review of the title documents by a solicitor is essential to ensure you are aware of any limitations or rights affecting the property.

Your Protection is Our Priority

These searches are a fundamental part of our job as your conveyancing solicitors. They provide the peace of mind that you are not just buying a building, but also all the legal rights and responsibilities that come with the land. Skipping them to save a small amount of money could expose you to significant financial and legal risk in the future.

At KhanMather Solicitors, we pride ourselves on our meticulous approach to conveyancing. We don’t just order the searches; we analyse the results, explain them in plain English, and advise you on how to proceed. If you’re buying or selling a property, contact our friendly and experienced property Team today on 0161 850 9911 for a conveyancing quote.

 

When Should I Consider a ‘Without Prejudice’ Offer? A Guide to Settling Your Dispute

In the world of civil litigation, the goal isn’t always to win in court. In fact, most disputes are resolved before they ever reach a courtroom. One of the most powerful tools in a solicitor’s arsenal for achieving this is the ‘Without Prejudice’ offer.

At KhanMather Solicitors, we often use this method to facilitate constructive negotiations and find a resolution for our clients. But what does “without prejudice” actually mean, and when should you use it?

What Does ‘Without Prejudice’ Mean?

In simple terms, an offer or communication made “without prejudice” cannot be used as evidence in court if negotiations fail. The purpose of this legal privilege is to encourage open and frank discussions between parties. It allows you to make settlement proposals—even ones that might be seen as a sign of weakness—without fear that your offer will be used against you later in a trial.

Think of it as a protected space for negotiation. You can propose a compromise, admit some fault, or make a generous offer to get the matter resolved, knowing that if the deal falls through, the court will remain unaware of those proposals. This gives both sides the freedom to explore solutions they might not otherwise consider.

Key Rules for Using ‘Without Prejudice’

To be effective, an offer must meet two key criteria:

  1. It must be a genuine attempt to settle a dispute. The communication must relate to an existing dispute and be made with the intention of resolving it.
  2. It must be labelled correctly. While not strictly required, it is best practice to clearly mark the communication with the words “Without Prejudice” at the top. This leaves no room for ambiguity.

It’s important to note that the “without prejudice” rule only applies to the content of the negotiations. The fact that a communication was sent and received can still be mentioned in court, but its contents cannot.

When Should You Consider a ‘Without Prejudice’ Offer?

A ‘without prejudice’ offer is a valuable tool in many situations. Here are a few common scenarios where it’s particularly useful:

  • Early in a Dispute: Even before formal legal proceedings have begun, a “without prejudice” offer can open a dialogue and lead to a quick resolution, saving both parties a great deal of time and money.
  • When Liability is Uncertain: If there’s a degree of risk or uncertainty about who is legally at fault, a ‘without prejudice’ offer allows you to propose a compromise without admitting full liability. This is a common tactic in personal injury claims or contract disputes where the facts are not entirely clear.
  • As an Alternative to a Part 36 Offer: While related to offers of settlement, a ‘Part 36 offer’ is a formal, tactical offer under the Civil Procedure Rules. Its purpose is to put pressure on the other side to settle by creating potential cost penalties if they refuse a reasonable offer and then fail to achieve a better result at trial. A ‘without prejudice’ offer, however, is a more informal tool for negotiation. Your solicitor will advise you on the most appropriate type of offer for your situation.
  • To Save Time and Money: Litigation can be a lengthy and expensive process. A ‘without prejudice’ offer can be an excellent way to reach a fair settlement and move on, avoiding the stress and financial drain of a full-blown trial.

The Dangers of Going It Alone

While the concept of “without prejudice” is straightforward, knowing when and how to use it effectively requires legal expertise. A poorly worded offer or one sent at the wrong time could undermine your case. For example, a court might rule that an offer was not a genuine attempt at settlement, allowing the other side to use it against you.

At KhanMather Solicitors, we understand the nuances of settlement negotiations. We can advise you on the right time to make an offer, what terms to include, and whether a ‘without prejudice’ offer or a more formal Part 36 offer is best for your circumstances. Our aim is always to achieve the best possible outcome for you, whether through robust litigation or shrewd negotiation.

If you are involved in a dispute and considering settlement, contact our expert civil litigation team today on 0161 850 9911 for advice on how we can help.

What’s the Difference Between Small Claims, Fast Track, and Multi-Track? A Simple Guide to the UK Court System

If you’re involved in a civil dispute in the UK, you might hear legal terms like “Small Claims,” “Fast Track,” and “Multi-Track.” These aren’t different courts, but rather the three different procedural routes, or “tracks,” that a case can be allocated to. The track your case follows will significantly impact everything from the cost and timeline to the complexity of the legal process.

At KhanMather Solicitors, we help clients understand which track their case is likely to be allocated to and what that means for their dispute. Here’s a straightforward guide to help you navigate the system.

The Allocation Process

When a claim is filed and the defendant responds, the court will review the case and “allocate” it to a specific track. This decision is based primarily on two factors:

  1. The value of the claim: The monetary amount being disputed.
  2. The complexity of the case: The number of parties, the legal issues, and the amount of evidence required.

Let’s break down the three main tracks.

  1. Small Claims Track

This is the most common track and is designed for low-value, straightforward disputes.

  • Value: Generally for claims up to £10,000.
  • Purpose: To provide a simple, cost-effective, and informal way to resolve disputes without the need for extensive legal representation.
  • Key Features:
    • Less Formal: The court process is less rigid, and hearings are often held in private rooms by a District Judge but can be in open court.
    • Limited Costs: A key feature is that the winning party usually cannot recover their legal costs from the loser, apart from a small amount of court fees and expenses. This is why many people choose to represent themselves.
    • Quicker Timeline: Cases on this track are typically resolved within six months.
    • Simpler Evidence: The court will look at the documents filed and may not require extensive oral evidence from witnesses.

The Small Claims Track is ideal for issues like a minor breach of contract, a dispute over a faulty product, or a small unpaid debt.

  1. Fast Track

The Fast Track is for cases that are more complex than Small Claims but are not high-value enough to justify a more extensive process.

  • Value: For claims valued between £10,000 and £25,000.
  • Purpose: To provide a quicker and simpler process than the Multi-Track, with a strict timetable to keep costs and time proportionate.
  • Key Features:
    • More Formal: The process is more structured, with the court setting a timetable for exchanging documents and witness statements.
    • Fixed Costs: There are fixed recoverable costs, meaning the legal fees the winning party can claim are capped. This provides some certainty about the financial risk.
    • One-Day Trial: The trial is usually limited to one day.
    • Limited Experts: The court will generally only allow one expert witness per party, in a maximum of two different fields.

This track is often used for medium-value personal injury claims, minor property disputes, or more complex debt recovery cases.

  1. Multi-Track

The Multi-Track is reserved for the most complex and high-value disputes.

  • Value: For claims over £25,000, or for less valuable claims that have a high degree of legal or factual complexity.
  • Purpose: To provide the court with the flexibility to manage complicated cases effectively, without the rigid rules of the Fast Track.
  • Key Features:
    • Extensive Case Management: There is no standard procedure. Instead, the court actively manages the case with a bespoke timetable, setting deadlines for disclosure, expert reports, and witness statements.
    • Longer Trials: Trials on this track often last for several days or even weeks.
    • Significant Costs: Costs are not fixed and can be substantial. The court has a great deal of discretion over who pays the costs at the end of the case.
    • Extensive Evidence: The court will allow for multiple expert witnesses and detailed evidence to be presented.

Multi-Track cases include high-value commercial disputes, clinical negligence claims, and complex professional negligence cases.

Which Track is Right for You?

Understanding these tracks is crucial to managing a civil dispute. While the court makes the final decision on allocation, having legal advice from the outset can help you prepare and understand what lies ahead. At KhanMather Solicitors, we specialise in civil litigation and can provide expert guidance on your case, ensuring it is handled efficiently and effectively, regardless of which track it is allocated to.

If you are facing a civil dispute, contact Amaan on 0161 850 9911 today for a confidential discussion about your options.

Why a ‘DIY’ Will Might Cost Your Family More in the Long Run

Thinking about writing your own will to save a few quid? The temptation is understandable. With online templates and stationery shop kits readily available, it can seem like a quick and easy way to tick a vital task off your list.

However, at KhanMather Solicitors, we often see the unintended consequences of ‘DIY’ wills. While they might seem like a thrifty solution now, they can create significant legal and financial problems for your family down the line. In many cases, the supposed savings are dwarfed by the legal fees and stress incurred by your loved ones trying to sort out an invalid or poorly drafted will.

Here’s why that ‘do-it-yourself’ approach could end up costing your family more.

  1. The Risk of Invalidity

For a will to be legally binding in England and Wales, it must adhere to strict rules set out in the Wills Act 1837. These include:

  • It must be in writing.
  • It must be signed by the testator (the person making the will).
  • The signature must be made or acknowledged in the presence of two witnesses.
  • The two witnesses must also sign the will in the presence of the testator.

Simple, right? But small mistakes can render a will completely invalid. We’ve seen cases where a signature wasn’t in the right place, a witness was also a beneficiary (which invalidates their gift), or the will wasn’t dated correctly. If your will is invalid, your estate will be treated as if you died without one, leading to it being distributed under the rules of intestacy, which may not be what you wanted at all.

  1. Ambiguity and Misinterpretation

One of the most common issues with ‘DIY’ wills is a lack of clarity. A solicitor uses precise legal language to ensure your wishes are clear and unambiguous. A home-written will might use vague phrases like “my family home” or “my personal belongings,” which can lead to disputes.

What constitutes a “family home”?

Does that include the garage, the garden shed, or even the land it sits on?

Who exactly is included in “my family”?

These ambiguities can spark heated arguments between loved ones, potentially leading to costly legal battles to interpret your true intentions.

  1. Failing to Account for All Assets

A professionally drafted will from a firm like KhanMather goes beyond just your house and savings. We work with you to create a comprehensive picture of your estate, including:

  • Bank accounts and investments
  • Pensions and life insurance policies
  • Overseas property
  • Digital assets (online accounts, cryptocurrency, etc.)
  • Personal possessions with sentimental or high value

A ‘DIY’ will might miss a key asset, or fail to correctly transfer it, leaving part of your estate to be distributed by intestacy rules—a scenario that can cause immense frustration and financial loss for your family.

  1. Inheritance Tax and Financial Planning

Inheritance Tax (IHT) is a complex area of law. A solicitor can advise on potential tax liabilities and help structure your will in a way that minimises the amount of tax your estate has to pay. This could involve using trusts, making specific gifts to charities, or taking advantage of various reliefs and exemptions.

A ‘DIY’ will is unlikely to take these complex tax planning opportunities into account, potentially resulting in a much larger tax bill that reduces the inheritance your loved ones receive. The money saved on a solicitor’s fee could be a drop in the ocean compared to the additional tax your family ends up paying.

  1. Your Family’s Emotional Well-being

Perhaps the most significant cost of a ‘DIY’ will is the emotional toll it can take on your family. The grieving process is difficult enough without the added stress of trying to navigate a legal minefield. Disagreements over an unclear will can cause irreparable rifts between siblings and other family members.

A professionally drafted will gives you and your family peace of mind. It’s a final act of care that ensures your wishes are respected, your loved ones are provided for, and the administration of your estate is as smooth and straightforward as possible.

While the upfront cost of a solicitor might seem like an expense, it is an investment in your family’s future. It ensures that your estate is handled correctly, your wishes are followed, and your family is protected from unnecessary legal and emotional turmoil.

If you are considering making or updating your will, please contact Georgina at KhanMather Solicitors on 0161 850 9911 today for a confidential, no-obligation discussion. We are here to help.