by Saqib Khan | Mar 3, 2025 | Landlord and Tenant Law
Receiving a parking ticket can be a frustrating experience, especially when it’s from a private parking company. Many drivers wonder whether these “fines” are actually enforceable. At KhanMather Solicitors, we understand the confusion surrounding this issue, and we’re here to provide clarity.
What’s the Difference Between a Council Fine and a Private Parking Ticket?
It’s crucial to distinguish between a Penalty Charge Notice (PCN) issued by a local council or authority and a Parking Charge Notice issued by a private company.
• PCNs are statutory fines for breaches of traffic regulations on public land and are legally enforceable.
• Private parking tickets are essentially invoices for an alleged breach of contract on private land.
Are Private Parking Tickets Legally Enforceable?
Private parking companies operate on the basis of contract law. When you park on private land, you implicitly agree to their terms and conditions, which are usually displayed on signage. If you breach these terms (e.g., by overstaying or parking outside designated areas), the company can issue a Parking Charge Notice.
While these tickets aren’t “fines” in the same way as PCNs, they can be enforced. The parking company can pursue the matter through the civil courts, typically the small claims court, to recover the money they believe is owed.
Key Factors Affecting Enforceability:
• Clear Signage: The terms and conditions must be clearly displayed with adequate signage.
• Genuine Pre-Estimate of Loss: The charge must reflect a genuine pre-estimate of the loss the company incurs due to the breach of contract. Excessively high charges may be challenged.
• Adherence to Industry Codes: Most reputable private parking companies are members of trade associations like the British Parking Association (BPA) or the International Parking Community (IPC) and must adhere to their codes of practice.
What Should You Do If You Receive a Private Parking Ticket?
1. Check the Signage: Review the signage at the location to ensure the terms and conditions were clearly displayed.
2. Gather Evidence: If you believe the ticket was issued unfairly, gather any evidence you have to support your case (e.g., photos, witness statements).
3. Contact the Parking Company: Contact the company to explain your reasons for disputing the ticket.
4. Appeal to the Relevant Trade Association: If the company is a member of the BPA or IPC, you can appeal to their independent appeals service (POPLA or IAS).
5. Seek Legal Advice: If all else fails, seek legal advice from a solicitor specializing in parking law.
How KhanMather Solicitors Can Help
If you’ve received a private parking ticket and are unsure of your rights or need assistance with an appeal, KhanMather Solicitors can help. Our experienced solicitors can:
• Assess the validity of the Parking Charge Notice.
• Advise you on the best course of action.
• Assist you with the appeals process.
• Represent you in court if necessary.
Don’t ignore a private parking ticket. Contact KhanMather Solicitors today for expert legal advice on 0161 850 9911.
by Saqib Khan | Feb 27, 2025 | Business, Conveyancing, General, Landlord and Tenant Law
The recent unexpected interest rate cut by the Bank of England has sent ripples through the financial world, and the UK property market is no exception. Here at KhanMather, we understand that these changes can be confusing, so we’re here to break down what this cut means for homeowners, buyers, and investors.
What Happened?
The Bank of England’s Monetary Policy Committee (MPC) has lowered the base interest rate. This decision is primarily aimed at stimulating economic growth but how does this seemingly macro-economic move affect the bricks and mortar of our homes and investments?
Impact on Mortgages:
• Existing Mortgages: For those on variable rate mortgages, this cut is likely good news. You should see a reduction in your monthly payments, although the exact amount will depend on the terms of your individual mortgage agreement. Contact your lender to understand how the rate cut will affect your specific payments. Fixed-rate mortgage holders won’t see an immediate change, as their rates are locked in for the fixed term. However, when it comes time to remortgage, they may find more competitive rates available.
• New Mortgages: Lower base rates typically translate to lower interest rates offered on new mortgages. This could make borrowing more affordable, potentially increasing demand in the property market. For first-time buyers, this could be a welcome opportunity to get onto the property ladder. However, it’s crucial to remember that affordability assessments still apply, and lenders will carefully scrutinise applications.
Impact on the Housing Market:
• Increased Demand: Lower borrowing costs could stimulate demand for property, potentially leading to increased competition and upward pressure on house prices. This could be particularly noticeable in certain areas where demand already outstrips supply.
• Market Confidence: A rate cut can sometimes signal a lack of confidence in the economy, which could have a dampening effect on market sentiment. However, the primary motivation for this cut suggests that the Bank is acting proactively to support growth, which could ultimately bolster confidence.
• Investment Properties: Lower interest rates can make buy-to-let investments more attractive, as the cost of borrowing is reduced. This could lead to increased activity in the rental market.
What Should You Do?
• Review Your Mortgage: If you’re on a variable rate mortgage, contact your lender to understand how the rate cut will affect your monthly payments. If you’re nearing the end of a fixed-rate term, start researching the best remortgage deals available.
• Consider Your Options: If you’re thinking of buying a property, now might be a good time to explore your mortgage options and get pre-approved. However, don’t rush into any decisions. Carefully assess your financial situation and ensure you can comfortably afford the repayments.
• Seek Professional Advice: Navigating the property market can be complex, especially with changing interest rates. At KhanMather, our team of experienced property law specialists can provide you with expert guidance and support throughout the process. Contact us today for a consultation.
If you wish to discuss the above or require additional information, please contact Hannah on 0161 850 9911.
by Saqib Khan | Feb 13, 2025 | Conveyancing, Landlord and Tenant Law
The rental market has seen a significant shift since the pandemic, with a sharp increase in rental costs. However, recent data suggests that this trend is beginning to slow.
The Pandemic’s Impact on the Rental Market
The COVID-19 pandemic dramatically altered the UK’s housing market. As lockdowns eased and people returned to work and social activities, demand for rental properties surged. This increased demand, coupled with a limited supply of available properties, led to a sharp rise in rental costs.
A Slowdown in Rent Increases
While rental prices have continued to climb, the rate of increase has started to slow. This is positive news for tenants who have been facing significant financial pressure due to rising living costs.
Several factors are contributing to this slowdown:
- Increased Supply: A gradual increase in the number of rental properties available is easing the demand-supply imbalance.
- Economic Uncertainty: Economic uncertainty and rising interest rates may be deterring some landlords from increasing rents.
- Tenant Affordability: As tenants face increasing financial strain, landlords may be more cautious about raising rents too aggressively.
What Does This Mean for Tenants?
While the slowdown in rent increases is welcome news, it’s important to remember that rental costs remain high. Tenants should still budget carefully and consider factors such as location, property type, and amenities when searching for a rental property.
If you’re facing legal issues related to renting, such as disputes with landlords or issues with tenancy agreements, it’s crucial to seek legal advice. KhanMather Solicitors can provide expert legal guidance to help you navigate the complexities of the rental market.
Contact our Property Team on 0161 850 9911 to discuss your specific needs.
by Saqib Khan | Jan 23, 2025 | Conveyancing, Landlord and Tenant Law
Buying a new home is exciting, but it’s also a significant financial investment. That’s why conducting thorough surveys is crucial. While they don’t offer foolproof protection, they provide valuable insights into the property’s condition and potential risks. Here’s a breakdown of the main types of surveys and the legal protection they offer:
- Condition Report (Level 2):
- What it covers: This is the most basic type of survey, suitable for newer homes (generally under 10 years old) in reasonable condition. It focuses on identifying any obvious defects and highlighting potential problems.
- Legal Protection: Limited. It primarily helps you understand the property’s current condition, but doesn’t necessarily predict future issues.
- HomeBuyer Report (Level 3):
- What it covers: A more in-depth survey suitable for most properties. It assesses the condition of the property, identifies potential risks, and provides an opinion on its value.
- Legal Protection: Offers some protection. It can help you negotiate a lower price or withdraw from the purchase if significant defects are found. However, the surveyor’s liability is generally limited.
- Building Survey (Level 4):
- What it covers: The most comprehensive survey, recommended for older properties, those in poor condition, or if you plan extensive renovations. It provides a detailed assessment of the property’s condition, including its structure, services, and any potential risks.
- Legal Protection: Provides the most significant protection. It can help you identify serious defects, negotiate repairs, or withdraw from the purchase.
Key Considerations:
- Choose the right survey: Select the survey level that best suits your needs and the property’s age and condition.
- Instruct a qualified surveyor: Choose a RICS-registered surveyor with relevant experience.
- Understand the limitations: Surveys are not guarantees. They provide an opinion, and unexpected issues can still arise.
- Review the survey report carefully: Pay close attention to any concerns raised and discuss them with your solicitor.
- Use the survey to negotiate: If significant defects are found, use the survey report to negotiate a lower price or request repairs from the seller.
Disclaimer: This blog post provides general information only and does not constitute legal advice.
Contact KhanMather:
If you’re buying a new home and have concerns about surveys or any other legal aspects of the process, please contact our experienced property law team at KhanMather on 0161 850 9911. We can provide tailored advice and guidance to protect your interests.
by Saqib Khan | Jan 21, 2025 | Conveyancing, General, Landlord and Tenant Law
A deep dive into a key aspect of property transactions
When buying a property in the UK, one of the critical factors that can significantly impact the transaction is the ‘source of funds’. This term refers to the origin of the money used to purchase the property.
Why is Source of Funds Important?
- Anti-Money Laundering Regulations:
- UK law, particularly the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, requires solicitors to verify the source of funds for all property transactions.
- This is to prevent money laundering and terrorist financing.
- Mortgage Lending:
- Mortgage lenders often require proof of the source of funds to ensure that the borrower has legitimate income and assets to repay the loan.
- Tax Implications:
- The source of funds can impact potential tax liabilities, such as capital gains tax or inheritance tax.
Common Sources of Funds
- Savings: Funds saved over time, often evidenced by bank statements.
- Sale of Assets: Proceeds from the sale of other properties, shares, or other assets.
- Inheritance: Funds inherited from a deceased individual.
- Gifts: Monetary gifts from family or friends.
- Loans: Loans from banks, building societies, or private individuals.
How to Prove Source of Funds
To satisfy the necessary legal and financial requirements, buyers typically need to provide the following documentation:
- Bank statements: These should show the flow of funds into the account and any significant deposits or withdrawals.
- Tax returns: These can verify income and capital gains.
- Proof of sale of assets: This could include contracts of sale or estate agent’s particulars.
- Gift letters: These should detail the gift, the relationship between the donor and recipient, and any conditions attached to the gift.
- Loan agreements: These should outline the terms of the loan, including the interest rate and repayment schedule.
Why You Need Legal Advice
Navigating the complex requirements of proving source of funds can be challenging. A solicitor can help you:
- Understand the specific regulations and guidelines.
- Gather the necessary documentation.
- Prepare the required paperwork.
- Liaise with lenders, estate agents, and other parties involved in the transaction.
By working with an experienced property lawyer, you can ensure that your property transaction proceeds smoothly and complies with all legal and financial obligations.
If you have any questions, please do not hesitate to contact our experienced Property Team on 0161 850 9911.
by Saqib Khan | Jan 16, 2025 | Conveyancing, General, Landlord and Tenant Law
The UK’s inflation rate has recently experienced a significant drop, bringing it closer to the Bank of England’s 2% target. This positive development has sparked discussions about its potential impact on various aspects of the economy, including the mortgage market. As a leading law firm specializing in property law, KhanMather is here to provide you with a comprehensive analysis of how this inflation drop may affect mortgages.
Understanding the Relationship between Inflation and Mortgages
Inflation and interest rates have a close relationship. When inflation rises, the Bank of England tends to increase interest rates to control spending and bring inflation back to its target. Conversely, when inflation falls, the Bank may lower interest rates to stimulate economic activity.
Mortgage rates are directly influenced by these interest rate changes. When the Bank of England raises interest rates, mortgage lenders typically follow suit, increasing their rates for new and existing borrowers. This can make mortgages more expensive, potentially impacting affordability and demand in the housing market.
Potential Effects of the Inflation Drop on Mortgages
1. Lower Mortgage Rates: The recent inflation drop may lead the Bank of England to hold or even lower interest rates. This could result in lower mortgage rates, making borrowing more affordable for potential homebuyers and those looking to remortgage.
2. Increased Affordability: Lower mortgage rates can significantly improve affordability, allowing buyers to borrow more for the same monthly payment. This could boost demand in the housing market, potentially leading to increased activity and price stability.
3. Remortgaging Opportunities: Existing homeowners on variable rate mortgages or those nearing the end of their fixed-rate deals could benefit from lower rates by remortgaging. This could result in significant savings on monthly payments.
4. Impact on Fixed-Rate Mortgages: While fixed-rate mortgages are not immediately affected by changes in the Bank of England base rate, a sustained period of lower inflation could lead to lower fixed-rate deals in the future. This could provide borrowers with more long-term stability and affordability.
KhanMather: Your Trusted Legal Partner
Navigating the complexities of the mortgage market can be challenging, especially with fluctuating economic conditions. At KhanMather, we are committed to providing our clients with expert legal advice and guidance on all property-related matters.
Whether you are a first-time buyer, a homeowner looking to remortgage, or a property investor, our experienced team of solicitors can assist you with:
• Mortgage Agreements: We can review and explain the terms of your mortgage offer, ensuring you understand your rights and obligations.
• Conveyancing: We can handle all legal aspects of your property transaction, ensuring a smooth and efficient process.
• Remortgaging: We can advise you on the legal implications of remortgaging and assist you with the necessary documentation.
• Property Disputes: If you encounter any issues related to your mortgage or property, we can provide you with expert legal representation.
Contact Us Today
If you have any questions or concerns about how the inflation drop may affect your mortgage or any other property-related matter, please do not hesitate to contact us. Our dedicated team at KhanMather is here to provide you with the expert legal support you need, just call us on 0161 850 9911 and ask for the Property Department.
