The Private Housing (Tenancies) (Scotland) Act was recently passed by the Scottish Parliament and will have a profound impact on the private lettings market in Scotland. Whether London MPs or Welsh AMs follow suit remains to be seen – but if so, you read it here first! The Act is expected to come into …
The Private Housing (Tenancies) (Scotland) Act 2016 Read More »
We have now blogged about the Bill/Act on two separate occasions. This should be the final post, unless something else changes! Banning Orders Part 2 of the Act is about rogue landlords and property agents. Under the Act, agents and rogue landlords can be banned from engaging in letting agency or property management work …
We wrote about the Housing and Planning Bill last month but it has subsequently received Royal assent and is now officially the Housing and Planning Act 2016. All kinds of secondary legislation will need to be passed before it is in force, which incidentally is expected to be April 2017. So no need to fret …
In quick succession two codes of practice in respect of service charges for residential leasehold property have been granted approval by the Secretary of State. Readers may recall that under the Commonhold and Leasehold Reform Act 2002 the Secretary of State had powers to approve certain codes of practice. He had previously approved codes produced …
New Code of Management for Residential Properties Read More »
The Act came into force on 12 May 2016 and is intended to clamp down on people in the country illegally. Below is a summary of some of the provisions. Offences by Landlords and Agents Under section 33A of the Act a Landlord is committing an offence if he knows or has reasonable …
In Levett-Dunn and others v NHS Property Services Ltd, the High Court in Birmingham found that a tenant’s notice to exercise a break clause had been validly served on a their landlord at the address set out in the lease, even though the landlords no longer used those addresses. The tenant served notice under …
Landlords have a deadline of 23 November 2016 to be registered and licensed under the Housing (Wales) Act 2014. The Act requires all landlords with property in Wales to register with Rent Smart Wales and to either be licensed themselves if they’re managing the let or use a licensed agent. Registration Landlords may register online …
Welsh Compulsory Landlord Registration and Licensing Read More »
The Consumer Rights Act 2015 requires letting agents to publish a full list of their fees and charges on their website and in their offices. However, there is also a separate code of practice produced by the Committee on Advertising Practice (CAP) relating to how agents advertise non-optional fees alongside rent. These are the additional …
In Bali v Manaquel Company Limited, the tenant succeeded in his appeal against a possession order made by Lambeth County Court. Mr Bali was an assured shorthold tenant. A deposit was taken and protected by his landlord Manaquel Company Limited. Manaquel served a section 21 and sought possession of the property from Mr …
Section 21 and Article 8 of the ECHR The Supreme Court’s judgement in McDonald v McDonald & Anor is expected in the next month or two. The issue: Whether the possession order made in the county court infringed the tenant’s rights under Article 8 of the European Convention on Human Rights (“ECHR”). The History: The …
The Housing and Planning Bill is currently passing through the House of Lords. The Conservative government is hoping to tackle the housing crisis with this Bill by “kick-starting a national crusade to get 1 million homes built by 2020”. The Bill is not without its critics, including Jeremy Corbyn who led a mass demonstration against …
Abandoned properties under the Housing and Planning Bill Read More »
We are pleased to confirm the new notices have now been uploaded to our document vault for our Helpline subscribers to download and use. Remember these are the Notices you must be using now! If you use the previous notice this will be invalid.
We are pleased to announce that Richard Pulford qualified as a solicitor on 1st April 2016. Richard is the latest person trained by PainSmith Solicitors to qualify. Richard joined the firm as a paralegal in 2011 and was offered a training contract in 2014. Richard has a vast amount of experience in dealing with all …
With thanks to our friends at Nearly Legal for alerting us to new regulations made on the 23rd March 2016. As from 6th April 2016 a new prescribed form will be required when you serve a Section 8 of the Housing Act 1988 Notice. As a prescribed form for any such notices on or after that …
PainSmith Solicitors are currently recruiting for a solicitor to join the practice. All levels of PQE would be considered with salary commensurate with experience. PainSmith offers a competitive benefits package to all employees. The ideal candidate will have residential landlord and tenant experience and will be experienced in civil litigation. The role will require supervision of various other members …
We are pleased to announce that our phones are working again. Please call the usual number 01420 565310 and press 1 for helpline, or 2 to speak to reception as usual. Apologies for any inconvenience.
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Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.
