The Ministry of Housing, Communities & Local Government (MHCLG) has issued a short note on what the Gaskin case means for local authorities. The full details of the Gaskincase can be read here. Summary of case The High Court held that the local authority’s fee for HMO licence renewals was unlawful under the Provision of Services …
We are often asked about the costs associated with a potential rental property claim and a tenant’s right to legal aid, the common name for public funding. This post will address the tenant’s right to legal aid. Generally, there are 2 situations relevant to rental properties where tenants may be entitled to legal aid: Possession …
This Bill received Royal Assent on 20 December 2018 and will come into force on 20 March 2019. It is hoped that the Act will help to boost standards in rental properties as well as give tenants powers to hold landlords to account where those standards are not met. Our previous post on the Act …
Homes (Fitness for Human Habitation) Act Becomes Law Read More »
The government has launched the Regulation of Property Agents working group. The group will take forward the government’s commitment to implementing: Regulation of letting agents Minimum entry requirements for the sector A Code of Practice for the sector Fees limits and Right to Manage powers for long leases. Our previous post can be read here The …
As stated previously the Tenant Fees Bill is before the House of Lords and during this process a number of amendments have been incorporated. This post will specifically deal with the Client Money Protection (CMP) amendments that have been proposed by the Lords. In February 2018 the government brought into force the Housing and Planning …
A few weeks ago, we posted an update on the Tenant Fees Bill. We have since received a number of phone calls asking for more details on what agents can and cannot charge tenants for. Note that the fee ban does not apply to landlords. Unfortunately, the Bill could still be amended and as such …
The Chartered Institute of Environmental Health (CIEH) has urged the Government to reconsider the £3,500 cost cap on Minimum Energy Efficiency Standards in the private rental sector. The cost cap of £3,500 will come into force once the Energy Efficiency (Private Rented Property) (England and Wales) Regulations have been amended. At present we are unclear …
A two-year lottery funded project called Open Doors has produced two free guides for tenants aimed at reducing discrimination and mistreatment in the private rented sector. The Open Doors guides are called ‘Common issues and how to overcome them’ and ‘Challenging Discrimination’. Whilst the guides are targeted towards tenants, they will also provide landlords with …
Spark Energy, a specialist supplier to tenants in the Private Rented sector became the seventh supplier to collapse this year. Fortunately for many tenants OVO Energy has been selected by Ofgem to take over the Spark Energy brand. Spark Energy acquired its largely private rental sector tenant customer base through letting agent referrals. Rental properties …
The Bill is currently before the House of Lords and during this process the government has made a number of substantial amendments. It is possible that further amendments will be proposed and at this stage agents and landlords should expect them. The Bill proposes to ban landlords and their lettings agents from requiring private tenant’s …
Winter can pose a problem for rental properties especially where tenants are planning to be away for the holiday period. Landlords are therefore advised to ensure that they consider some simple steps to ensure to avoid potentially costly repairs. Exterior of the property Checking the exterior of the property ideally in the Summer or Autumn …
The European Court of Human Rights reiterates the UK Supreme Court’s decision that tenants facing a section 21 possession claim can not invoke Article 8 of the European Convention on Human Rights in F.J.M v UK. Background A tenant occupied a property under an assured shorthold tenancy. Initially the tenant’s landlords were her parents who …
It is increasingly common for tenants to seek to work from home, whether by arrangement with their employer or to run their own business. This is a concern for some landlords who fear tenants will gain security of tenure over the rental property. With the rise of the internet and flexible working conditions more and …
The Ministry of Housing, Communities & Local Government (MHCLG) has set out proposals for a specialist Housing Court which could provide a single path of redress for property disputes. Landlords and Tenants are to receive faster and effective justice in the event of a property dispute, under proposals announced by Communities Secretary James Brokenshire MP. …
A Landlord in Southall has been fined £46,000 for illegally renting an outbuilding to a tenant. In 2010 Ealing council established that the landlord had illegally converted a garage into a residence and let out to a tenant. The council issued the landlord with an enforcement notice ordering him to undo the conversion. The landlord …
The Ministry of Housing, Communities, & Local Government (MHCLG) has announced a £2 million funding boost for local authorities to tackle ‘rogue’ landlords. Local authorities will be entitled to bid for funding to step up enforcement action against landlords who offer inadequate or unsafe properties. The funding will assist local authorities develop and test innovative …
Funding for councils to crack down on ‘rogue’ landlords Read More »
PainSmith Solicitors,
1 Mansfield Business Park,
Station Approach,
Lymington Bottom Road,
Medstead, Hampshire
GU34 5PZ
Authorised and Regulated by the Solicitors Regulation Authority (SRA Number 562686)
Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.
