Author Archives: neil brooks

Lettings Agent Fined

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 […]

McDonald v. McDonald revisted

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 […]

The Referendum Results and Landlords

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 […]

Improvement or Disrepair?

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 […]

Liability for Disrepair

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 […]

The Private Housing (Tenancies) (Scotland) Act 2016

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 […]

Housing and Planning Act 2016 Continued

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 […]

Housing and Planning Act 2016

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 […]

New Code of Management for Residential Properties

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 […]

Immigration Act 2016

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 […]

Address for Service

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 […]

Welsh Compulsory Landlord Registration and Licensing

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 […]

Fees and the CAP Code

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 […]

Deposits and Company Landlords

  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

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 […]

Abandoned properties under the Housing and Planning Bill

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 […]

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