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Energy Performance – funding in detail

In our previous post, we discussed the Government’s guidance on the minimum level of energy efficiency required in April 2018 for private rented properties. In this post, we will discuss in detail the Green Deal funding option which is available for the recommended improvements. In summary, the funding that a landlord may rely on can […]

Energy Performance Guidance

The Government has finally released its Guidance on the minimum level of energy efficiency required for private rented properties. Our previous post on minimum energy levels can be read here. In summary, the new minimum level of energy efficiency means that: from 1 April 2018, landlords will no longer be permitted to grant new tenancies […]

Right to Rent and writs of possession

On 1 October, it will become clearer how to recover possession of a property where all the occupiers have no Right to Rent. Our previous post on ending a tenancy where occupiers do not have the Right to Rent can be read here. Under the Immigration Act 2016 which amended the Immigration Act 2014, landlords were given […]

PainSmith Solicitors: Gatwick Seminar

Our next Seminar will take place on Thursday 16th November 2017 at The Hilton, South Terminal Gatwick Airport, London, RH6 0LL. The event will start with registration and run from 1pm to 6pm with lunch at 1pm to 2pm. Topics to be covered include the following: • GDPR • Money Laundering • Right to Rent […]

New Pre-Action protocol for Debt Claims

The new pre-action protocol comes into force 1 October 2017 and applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including sole traders). For agents, this protocol can be used when seeking to recover unpaid fees. Pre-Action protocols are designed to encourage early engagement and communication in […]

Notice to Quit by Tenant

This is our second post on notice periods. Our first blog can be read here. When a tenant’s tenancy becomes a statutory periodic tenancy, they must give their landlord a notice to quit when they want to vacate the property. The notice does not have to be in any particular form but it must be […]

PainSmith Solicitors West Country Seminar

Our next Seminar will take place on Wednesday 8th November 2017 at The World Horse Welfare Centre, Glenda Spooner Farm Rescue and Rehoming Centre, Kingsdon, Somerton, Somerset, TA11 7LA. The seminar will start at 1pm to 5:30pm with lunch at 1pm to 2pm. There will be time at the end for questions. Topics to be […]

Agent’s fees – Wales cont’d

This is our second post on the Welsh Government’s report on Agent’s fees. Our first post can be read here. In our last post, we advised that the report recommended a ban on agent’s fees along with a number of other recommendations. Given that this ban is very likely to be introduced in England we […]

Agent’s fees – Wales

The Welsh Government has commissioned a report to broaden its understanding of the fees charged by agents to tenants in Wales. The Government wishes to understand what fees and charges are applied, at what level and the potential impact on agents, landlords and agents, if the fees and charges were banned. Some of the key […]

Job vacancy – Paralegal

Painsmith is currently looking to recruit a Paralegal. Experience in the field of civil litigation and landlord and tenant law would be desirable but not essential for the right candidate. The role will entail dealing with all aspects of the firm’s business but with an emphasis on serving notices on tenants and conducting possession actions.  If […]

Empty properties

The Mayor of London, Sadiq Khan, has called on the Government to allow London’s boroughs to increase Council Tax bills for high-value homes that are left empty. The Mayor commissioned a report last year and this appears to be the response to that report. Specifically, the report looked into the contribution of overseas investment to […]

Right to Rent – Home Office enforcement figures

The Home Office’s latest statistics on Right to Rent enforcement shows that an increasing number of landlords have been fined in what appears to be a new crackdown on illegal immigration. Fines totalling £163,000 were issued to 236 property owners between the start of February 2016 and June this year. That is more than one […]

The Risk Assessment

This is the third post on the Money Laundering Regulations, specifically on Risk Assessments. To ensure that agents do not fall foul of the Regulation and actively attempt to protect their businesses from money laundering (ML) and/or terrorist financing (TF) a risk assessment of the business must be carried out. This risk assessment is the […]

Customer Due Diligence – Practical steps

This is the second post on money laundering checks but with detail on the practical steps to take when carrying out your responsibility to carry out Customer Due Diligence (CDD). This is a secondary step once a risk assessment on the customer/client has been carried out. The average person should fall within the remit of […]

High Court Writ

In Partridge v Gupta the High Court held that the obligation to obtain permission to issue a writ of possession does not require that the tenant be given notice of the actual application for permission. What is required is that “every person in actual possession of the whole or any part of the land … […]

Money Laundering Checks

We have recently had an influx of calls on the helpline about lettings agents and their obligations under the new money laundering Regulations. Previous posts on the Regulations can be read here. In summary, the Regulations apply to estate agency work only however, as pointed out before it is not that simple. The reason for […]

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