The case of Trecarrell House Ltd v Rouncefield offers this blog a rare opportunity to offer some good news to Landlords and Agents. Some of you may recall our original blog on this particular case ( https://painsmith.co.uk/invalid-section-21-2/ ). We mentioned at the time that the case would be subject to an appeal. This proved to …
The news that many landlords had been worried about has been confirmed. The eviction moratorium that we originally blogged about in March (https://painsmith.co.uk/eviction-moratorium/ ) has been extended. Practice Direction 51Z which sets out the extent of the effects of coronavirus on possession claims originally imposed a stay of 3 months to all new and …
As we have blogged about previously ( https://painsmith.co.uk/electrical-safety-2/ ) the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 is in force from June 2020 and applies for all new qualifying tenancies from July 2020. We are well aware of the effect of the current pandemic to the lettings industry as a …
We have produced many blogs on the Tenant Fees Act 2019 and the various restrictions it introduced for new tenancies from 01 June 2019. From 01 June 2020, the Act will apply to all applicable tenancies and licences to occupy housing in the private rented sector. Our previous blogs deal with the requirements in respect …
Another update has been released addressing how possession actions can be handled during the current moratorium on possession claims with an amendment to Practice Direction 51Z: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51z-stay-of-possession-proceedings,-coronavirus There are two key elements of these amendments: • The first of these relates to case directions agreed between the parties involved in ongoing litigation. The court will …
As the practicalities on the lettings industry of the current pandemic are being worked out, we have our latest update. This time on Right to Rent checks. This has been concerning for many agents and landlords given the social distancing requirements but also the significant penalties for non-compliance. As such, as a temporary measure, you …
One of the remaining unanswered questions regarding the 3 month moratorium was in relation to actions that had already started but had not been concluded. We now have the answer. The Master of the Rolls has confirmed that all possession matters that are currently ongoing are suspended for a minimum of 3 months regardless of …
The notices seeking possession of any property occupied under and Assured Shorthold Tenancy have been updated to account for Coronavirus Act. The notices may not look too different as the changes to the format of the notice have been minor however as of 26th March 2020, these notices will need to be used for all …
*LAST FEW SEMINAR PLACES REMAINING* Please request a booking form from Emma Butcher at emmab@painsmith.co.uk to save yourself disappointment! Our Brentwood Seminar will take place on Thursday 12th September 2019 at The Holiday Inn, Brentwood M25, Jct 28, Brook Street, Essex CM14 5NF. The event will start with registration and lunch at 1:00pm to …
We have two upcoming seminars scheduled in September. Our Brentwood Seminar will take place on Thursday 12th September 2019 at The Holiday Inn, Brentwood M25, Jct 28, Brook Street, Essex CM14 5NF. The event will start with registration and lunch at 1:00pm to 1:30pm, and the event will finish at 5pm. Our Cobham …
Our ASTs have been updated to take account of the upcoming Tenant Fees Act 2019 and are available to purchase through the PainSmith shop on our website. Alternatively they can be downloaded for free through the document vault if you are a PainSmith Helpline subscriber. Published 10 April 2019
Colvin Houston Ltd, a lettings agent in Scotland, was fined £750 (reduced to £500 for an early plea) after becoming the first to be prosecuted in connection with the Tenancy Deposit Schemes (Scotland) Regulations 2011 that required all landlords (including England and Wales) to register deposits. The legislation was set up to ensure deposits were …
In McDonald v McDonald, the Supreme Court held last week that a Court is not required to consider proportionality when evicting a tenant when a Landlord seeks possession under section 21 of the Housing Act 1988. A summary of the case and the Court of Appeal decision can be read here. The Supreme Court stated that …
Having voted to leave the EU a great many pieces of legislation will need to be reviewed which will undoubtedly have an impact on the property sector. The Bank of England has raised concerns about the economic uncertainly following this result. Certainly, the pound and UK stock market has seen a significant drop in …
In Sternbaum v Dhesi [2016], the Court of Appeal found that a landlord was not liable when one of its tenants fell down a staircase which lacked any form of handrail or bannister. The tenant sued the landlord in negligence and for breach of section 4 of the Defective Premises Act 1972. At the …
On 5 May 2016, the Supreme Court heard the appeal of a Landlord in Edwards v Kumarasamy (UKSC 2015/0095). The Court needs to consider whether a Landlord under an assured shorthold tenancy, was liable for his tenant’s injuries under the extended covenant implied into the tenancy by section 11(1A) of the Landlord and Tenant Act …
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