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Painsmith Blog

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No Competition

In Agents Mutual Ltd v Gascoigne Halman Ltd, the Competition Appeal Tribunal unanimously rejected Gascoigne’s allegations of breach of competition law raised against Agents Mutual. The competition issues in the case essentially arose out of the contractual relationship between the defendant, an estate agent, in the well-known but new to market online property portal known […]

Data Protection – Consent

The General Data Protection Regulation (GDPR) was adopted on 8 April 2016 and will take effect on 25 May 2018. It is intended to replace the existing Data Protection Act (DPA) and update the data protection regime across Europe. The Government has confirmed that the UK’s decision to leave the EU will not affect the […]

EPC – an update

In our previous post we advised readers about the Government’s proposal to introduce a minimum energy performance rating of E within the private rental sector. We now have confirmation from the RLA that the proposed changes will be implemented in April 2018. In April 2018, private rental properties will need to have a minimum EPC […]

Money Laundering Regulations 2017 – now in force.

On 26 June 2017, the Money Laundering Regulations 2017 came into force. The Regulations implement the EU’s 4th Directive on Money Laundering (often called 4MLD) which replaces the Money Laundering Regulations of 2007. Those organisations covered by the 2007 Regulations are also covered by the 2017 Regulations. However, the new regulations aim at a far […]

A well deserved promotion

PainSmith Solicitors is delighted to announce that Laura Simpson who has worked in the practice as a Paralegal as from April 2016 became a Trainee Solicitor on July 1 2017. The next two years as a trainee is the final step for Laura in qualifying as a Solicitor. Many of you have dealt with Laura […]

Holiday Lets

The purpose of a Holiday Let is to give the tenant the right to occupy the property for a genuine holiday. If it is not a genuine holiday, then it is not a Holiday Let no matter what is stated in the tenancy or contractual agreement. It is very important that agents and landlords investigate […]

Service of notice to quit

The Court of Appeal recently considered the question of whether a document could be served at an address that the landlord knew had been vacated when the tenant had given an alternative address. The tenancy agreement in the case of Grimes -v- The Trustees of the Essex Farmers and Union Hunt contained a clause that […]

Pigeon Control

Who is responsible for pigeon waste accumulating on a private tenant’s balcony? This answer is not so simple and largely depends on the circumstances. Problems associated with pigeon waste Pigeons are creatures of habit and will often return to a property that they have previously visited. Consequently, large amounts of pigeon waste can accumulate, resulting […]

The Queen’s Speech

The Tenants’ Fees Bill was announced in the Queen’s Speech on Wednesday. The Bill is designed to stop tenants having to pay letting agent’s fees and limit deposits. The ban was first proposed by the Chancellor in his Autumn statement of 2016 and a subsequent consultation paper has been published. The consultation was concluded at […]

Challenging the Right to Rent scheme

Last month the Joint Council for the Welfare of Immigrants (JCWI) wrote to the Home Secretary challenging the decision to roll out the Right to Rent scheme to Northern Ireland, Wales and Scotland. The Right to Rent scheme places a positive obligation on landlords to ensure that they do not rent to people who do […]

Block Management and Grenfell Tower

Following on from the tragic events of last week the DCLG issued guidance to all local authorities and Housing Associations in respect of fire safety checks predominantly aimed at cladding of blocks of flats. In particular concerns have been raised over what is known as Aluminium Composite Materials (ACM). The Department is arranging procedures so […]

Right to Rent Checks

The Immigration Act 2014 made it mandatory for landlords or their agents to carry out Right to Rent document checks on all tenants and or occupiers past ( i.e. all new tenancies which commenced on or after 1 February 2016) and present. Essentially these checks were expected to ensure that only those with a legal […]

Right to Rent – Ending a tenancy

If a landlord knows or they or the Home Office believe that someone living in their property in England is not permitted to rent due to their immigration status (“disqualified person”) then the tenancy should be terminated as soon as legally possible. If landlords fail to take prompt action they could face an unlimited fine […]

Selective Licensing and Planning

In the recent case of London Borough of Waltham Forest v Khan, the Upper Tribunal held that a local authority can consider the planning status of a property when considering an application for a selective licence. What is selective licensing (SL)? Properties that are not subject to HMO licensing could be covered under a SL […]

Money Laundering Regulations 2017

On 26th June 2017, the Fourth Anti-Money Laundering Directive (4MLD) will come into effect. The Directive replaces the Third Anti-Money Laundering Directive, which was implemented in the UK by way of the Money Laundering Regulations 2007. The Directive aims to prevent Europe’s financial system from being used for tax evasion, terrorist financing and money laundering. […]

Cannabis Farms

Cannabis farms in rented accommodation have been a problem for landlords for several years. Criminals appear to prefer spreading farms around multiple locations to ensure that production continues even when one farm is discovered and closed. It is this need for multiple locations which leads the criminals to rented or squatted property. For landlords, the […]

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