Here at M2 Recovery, we have an established process for taking our clients from early case assessment to recovery. A crucial part of this process involves understanding who has benefited from the secret profits and how that is illegal.
To answer these crucial questions, we first need to obtain disclosure of documents and information relating to how the money may have moved between a landlord, a broker and a managing agent.
The results of this investigation are then plugged into a legal framework that gives our clients the best chance of successfully arguing that they are legally entitled to be paid back what has been wrongfully kept by others.
Each client’s case is tailored to suit the facts of their loss, but there are some common legal themes that serve as the foundation of claims made by M2 on behalf of our clients. These include:
- The landlord may have breached express or implied terms of your Lease
- There may be relevant agency relationships that include duties to avoid conflicts of interest and not to make a secret profit;
- The non-disclosure of any secret profit itself may be illegal;
- Insurance premiums might not be fair and reasonable and may not represent value for money;
- The insurance policy that was selected may not be fit for purpose;
- The relevant RICS and FCA guidance dealing with the disclosure of commissions may have been breached; an
- There may be fraud or conspiracy claims involving multiple parties.
So whether you are a residential or commercial tenant and operating under a Right to Manage company or not, our focus is on identifying the most robust and effective legal basis to present and then enforce your rights to recovery.
Clients can help us to build this basis by thinking about what documentation they have on their insurance, whether that be emails, contracts, letters or anything else, and providing us with copies of these documents to help inform our planning and preparation of the legal case.
Our claims strategy for you is underpinned by the law that is designed to protect you. Let us build your roadmap to recovery.