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Landlord’s consent before the courts

In No. 1 West India Quay and East Tower Apartments 2018 the Court of Appeal held that a landlord acted reasonably when he refused to consent to an assignment. This issue of Landlord’s consent seems to be a hot topic in the courts at the moment and this case in particular is quite important. Our […]

Overcrowded properties

Measures to improve overcrowded and dangerous living conditions in the private rental sector were laid before Parliament this month by the Housing Minister Heather Wheeler. Councils will be given tougher powers including imposing fines of up to £30,000 to tackle landlords that rent out overcrowded properties. From October this year minimum room sizes will be […]

Back to Basics – Landlord’s consent

Tenant’s that seek to assign, underlet or share possession of a rented property will often need to obtain the landlord’s consent for such a change. However, consent cannot usually be made subject to certain conditions where those conditions will enhance the landlord’s rights under the lease even where there is a contractual provision in the […]

“No DSS”

On 26th February the BBC ran an article headlined “Landlords who say ‘no DSS’ breaking equality laws.” The article seems to be a little misleading because there has been no court determination and the case was in fact settled out of court. Background A tenant occupying a property for some 11 years without an adverse […]

‘Rogue’ landlords and property agents.

The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 will come into force on 6th April 2018. The Regulations only apply in England and set out what information should be included in the database. Specifically, the information will include: Name and address whether individual or company; Local housing authority […]

Client Money Protection

In November last year the government commenced a consultation ‘seeking views on the implementation of mandatory membership of a client money protection scheme for property agents.’ On 26th February 2018 the government brought into force the Housing and Planning Act 2016 (Commencement No 7 and Transitional Provisions) Regulations 2018.  The commencement of these Regulations brings […]

Adverse Weather Conditions – Skeleton Staff

PainSmith is operating a skeleton staff today due to the adverse weather conditions. The phones are manned however, if you have any difficulty getting through please send an email to or

New HMO Regulations

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 is now published and will come into force on 1st October 2018. The Order applies to any HMO property in England. Our previous and more detailed post can be read here. Application The Order changes the definition of a HMO property under the […]

Redress Scheme

The government has announced a new consultation to consider a simpler and better complaints system for tenants to ensure disputes are resolved quickly and compensation paid when due. The 8-week consultation commenced this week and the options to be considered are: introducing a single housing ombudsman to cover the whole of the housing market single […]

Electrical Safety Consultation

In November last year we posted on the working group established to provide recommendations to ministers on electrical safety. That post can be read here. This month the government began a consultation inviting views and comments to gather further additional evidence on the recommendations made by the working group. The Housing and Planning Act 2016 […]

Right to Rent

Last summer we wrote an article on the Joint Council for the Welfare of Immigrants (JCWI) letter to the Home Secretary challenging the decision to roll out the Right to Rent (RtR) scheme to Northern Ireland, Wales and Scotland. The JCWI is now proceeding with the threat to judicially review the Home Secretary’s decision. Our […]

Gas Safety changes

New legislation on gas safety is expected to come into force on 6 April 2018. Our previous post on these changes can be read here. A Health and Safety Executive approved code of practice and guidance on the legislation can also be read here. Current Position Regulation 36 [ ] of the GSIUR sets out […]

Mandatory HMO licensing extension

Earlier this month the Housing Minister stated in response to a written question that the scope of mandatory HMO licensing will be extended, likely by October this year. Parliamentary approval of new regulations to implement this change will need to be sought but we do not expect any obstacles in the way of this approval. […]

Fitness for Human Habitation

The second reading of the ‘Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill’ took place on 19th January. The Bill was introduced by Karen Buck MP and on 14 January the government announced that it would support it. The Bill will now be discussed by a select committee where amendments may well […]

Grenfell Tower – The Hackitt Report

Last month the interim report of Dame Hackitt’s review of Fire Safety and Building Regulations following the devastating fire at Grenfell Tower was published. The final report is expected in April this year. The report is particularly focused on high rise and complex residential buildings and specifically discusses the Regulatory Reform (Fire Safety) Order 2005 […]

Invalid Section 21 notice.

In Assured Property Service Ltd v Ooo a District Judge has held that a Section 21 notice is invalid because the landlord failed to provide the tenant with a gas safe certificate at the outset of the tenancy. Mrs Ooo was served with a Section 21 notice by her landlord’s agent Assured Property Service Ltd. […]

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