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Painsmith Blog

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Energy Efficiency Improvement works

Properties that are on the market for rent or sale must have an EPC. The EPC advises potential tenants and purchasers how much it will cost to heat and light the building for a year and summarises this in a rating from A to G, with A being the most efficient. The EPC will also […]

Ban on agent’s fees – Briefing Paper.

On 16 February 2017, the House of Commons Library published a briefing paper on the regulation in England of letting and managing agents. The complete report can be read here. The growth of the rental market and lack of housing stock has prompted the government to focus, amongst other issues, on letting and management agents’ […]

Signatures

In Savills v Blacker and Sidemanor ltd the Court of Appeal held that an individual in control of the company and the company itself were both liable for the commission due on the sale of a property. The property was an estate comprising of a golf course and cottage. The company, Sidemanor Ltd., owned most […]

Credit Card payments

When tenant’s sign their tenancy agreement they are also asked to pay the first month’s rent and deposit at the same time. Some tenants will elect to make this payment by credit card despite any handling charges. We are then usually contacted when the credit card company has clawed back the money leaving the agent […]

Gaining possession on the expiry of a notice.

This is the third blog in the series relating to the completion of notices and gaining possession on the expiry of them. The first blog post was on completing a Section 8 notice and the second on completing a Section 21. This post will look at issuing court proceedings where the tenant has failed to […]

“Fixing our broken housing market”

The government’s white paper on housing, called “Fixing our broken housing market,” was presented to the House of Commons and Lords on Tuesday. The white paper accepts that there is a shortage of homes on the market and further acknowledges, in a radical departure for the Conservative party, that home ownership is not the aim […]

Housing White Paper

The government is expected to release a White Paper tomorrow which will an increase in longer tenancies and a ‘Build to Rent’ scheme. Once the paper has been released we will update this blog but in the meantime, here is a summary. At present, there are no details on how the government expect these longer […]

The Homelessness Reduction Bill – Update

The Homelessness Reduction Bill has passed its third reading in the House of Commons after winning support from MPs on both sides of the house. The Bill has now started its passage through the House of Lords. Our previous blogs on the Bill can be read here. If the Bill is passed through the Lords […]

Using form 6A for pre-1 October 2015 tenancies

This post will focus on the use of section 21 form 6A for assured shorthold tenancies (AST) that started or were renewed for a new fixed term prior to 1 October 2015. For ASTs which commenced or were renewed post 1 October 2015, please see here. Following the introduction of the Deregulation Act 2015 there […]

Completing a Section 21 Notice

This is the second blog in the series relating to the completion of notices and gaining possession on the expiry of them. The first post was on completing a section 8 notice. This post will look at completing the new form 6A Section 21 notice introduced by the Deregulation Act 2015. The notice can be […]

Council Tax liability when the Tenant has gone AWOL

In Leeds County Council and Broadley the Court of Appeal held that a tenant who had abandoned a property without proper notice was “the owner” of the dwelling within s.6 of the Local Government Finance Act 1992 (“the 1992 Act”) and therefore liable for Council Tax. The tenancy was a periodic tenancy and the council […]

Completing a Section 8 Notice

Over the Christmas period we received a few calls about how to complete a Section 8 and 21 notice and how to gain possession once the notice has expired. Consequently, we will write 3 blog posts on: how to complete a section 8; how to complete a section 21; and how to gain possession on […]

The Role of an Agent

With the raft of new responsibilities for Landlords set out in legislation such as the Immigration Act 2016 and the impending legislation under the Housing and Planning Act 2016, there has never been more for a Landlord to do in letting their property. There are many Landlords that have other jobs that take up the […]

Happy New Year!

We start this blog with a Happy New Year to all our readers! 2017 is a busy year for the Residential Landlord and Tenant sector so we have taken the liberty of summarising some of the key events we expect to see this year. In April and June 2016, we wrote a few blogs on […]

Back to Basics – Access to rental property

At this time of year, we often receive calls from landlords or their agents about problems they are facing in gaining access to rental properties. The Basics Legally, when a landlord lets a property he gives the tenant exclusive possession of that property subject to any rights of entry provided for in the tenancy agreement […]

Poor drafting in leases

In Helix 3D Ltd v Dunedin Industrial Property, the High Court decided that something had gone wrong with the drafting of an option agreement, interpreting it in the tenant’s favour on the basis that it was otherwise unlikely that the tenant would be able to exercise the option and that such an outcome could not […]

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