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Newham Council extends additional licensing area.

On June 15th, Newham council extended its additional licensing area. The council exercised its power under section 56 of the Housing Act 2006 which applies to all private rented and occupied Houses in Multiple Occupation. The extended designation will be in force for 5 years commencing in January 2018. A map of the designated area […]

New register of overseas ownership of UK property

Earlier this year the Government issued a series of proposals around beneficial ownership. This is partly motivated by changes to money laundering regulations due to the passing of the EU Fourth Money Laundering Directive as well as efforts to improve the transparency of ownership of companies and property. The proposals follow on from last year’s […]

Newham Council and the ‘Rogue Agent.’

Newham council has approved plans to rate all of the borough’s letting agents from zero to five stars (where five is the best), and then publish the list in full on the council’s website so that it is available to the public. The council suggests that the list will provide potential tenants and landlords with […]

Increase in price for Accelerated Possession Claims

Sadly as we predicted some time ago we are starting to see the impact of the Deregulation Act 2015 on claims for accelerated possession. The accelerated possession claim process is meant to be a quick and easy way of landlords obtaining a possession order when this is all they are seeking. It can be used […]

PainSmith Helpline

Just a reminder to all current subscribers that those looking to renew their subscriptions have until close of business on 31st July 2017 to send in their forms and payments if they wish to benefit for the discounted rate for current subscribers of £399 plus vat for the year. If you are a new subscriber […]

Minimum term for an assured shorthold tenancy

On the PainSmith helpline we are often asked about the “minimum” term of an assured shorthold tenancy. However, the fixed term is really a matter for you because there is no minimum term. When the Housing Act 1988 first came into force, it implemented a minimum term of six months for ASTs. However, the Housing […]

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 […]

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