We have recently received a number of helpline enquiries about tenancy surrenders and the formalities that should be adopted by parties negotiating them. A surrender is a mutual agreement between a landlord and tenant to end a tenancy prior to its contractual end date. A landlord is not obliged to agree to a surrender but …
The draft regulations introducing banning orders have now been published and are expected to come into force on 6 April 2018. Our previous blog on banning orders can be read here. Under the regulation, agents and landlords can be banned from engaging in letting agency or property management work or letting properties if they are …
PainSmith Solicitors wish all their clients a very Happy Christmas and prosperous New Year. The office will close at 1pm on December 22 2017 and re-open at 10am on December 27 2017. Office hours from December 27 2017 to December 29 2017 will be 10am until 3 pm although emails will be answered outside those …
In Walcott v Jones and Jones a Court held that a landlord was not obliged to comply with the Deregulation Act 2015 when serving a section 21 for a tenancy that commenced in 2007. It also held that a periodic tenancy continues from period to period and does not proceed as a series of new …
Tenancies which are ‘granted’ prior to the Deregulation Act 2015 Read More »
The Communities and Local Government Committee will scrutinise the Government’s Draft Tenant Fee Bill. The bill was published on 1 November 2017 and our previous post on the Bill can be read here. In summary, the Bill will prohibit all payments by tenants to lettings agents and landlords (with a few exceptions) and introduce both civil …
Her Majesty’s Courts & Tribunals Service (HMCTS) has updated the N5B accelerated possession claim form. The N5B form is used by those seeking possession of a property let under an assured shorthold tenancy on the expiry of a Section 21 notice. The process is referred to as accelerated because the court usually makes an order …
The contract with the Gas Safe Register (GSR) ends in 2019. The GSR provides the list of gas engineers registered to work legally and safely. However, the current GSR 10-year contract expires on 31 March 2019. Parties that are interested in making a bid for the new contract may register their interest with the Health …
In January, this year the Health and Safety Executive (HSE) consulted on changes to the Gas Safety (Installation and Use) Regulations 1998 (GSIUR). No date has been confirmed by the HSE but we understand that the changes may come into force in April next year. Current Position Regulation 36 of the GSIUR sets out a landlord’s …
The Tribunal Procedure Committee (TPC) has published a consultation paper seeking views on Rules in relation to the question of placing a cap on costs recoverable in leasehold and property cases. First Tier Tribunal (Property Chamber) The First Tier Tribunal (FTT)– Property Chamber (PC) hears cases on property, landlord and tenant and housing matters. A …
The Working Group report on Electrical Safety Standards in the Private Rented Sector (PRS) has been published. A copy of the report can be found here. Under the Housing and Planning Act 2016 the Secretary of State has the power to introduce secondary legislation for electrical safety standards in the PRS. The Working Group was …
On 10th November, the Independent Chief Inspector of Borders and Immigration’s call for evidence closed. The Chief Inspector was seeking contributions from members of the public and stakeholders on the Right to Rent. Specifically, the Chief Inspector will examine: planning for the initial introduction of RtR, including success criteria, and the identification and mitigation of …
In London Borough of Waltham Forest v Reid, the Upper Tribunal dismissed the council’s appeal on the grounds that their policy was unreasonable. The Law In 2015 the council designated the whole of the LBWF as an area subject to selective licensing. Unless renewed this designation will end on 31st March 2020. On application, and for …
The House of Commons Select Committee on Communities and Local Government has launched an inquiry into whether councils have adequate powers to tackle ‘rogue landlords’. The inquiry is likely to focus on 5 key areas: reviewing and simplifying the legislation covering the sector; giving local authorities the tools they need to enforce the law and …
In our previous posts, we discussed the Government’s guidance on the minimum level of energy efficiency required in April 2018. In this post, we will concentrate on the exclusions and exemptions that apply to the minimum standard. The property remains sub-standard despite the completion of works The landlord may rely on this exclusion if he …
Energy Performance – Exclusions and Exemptions in detail Read More »
The CMP consultation is open until 13 December 2017. The Consultation ‘seeks views on the implementation of mandatory membership of a client money protection scheme for property agents.’ The proposals will only apply to England for now. Landlords and tenants pay money to agents for a variety of reasons including rent and repair budgets. It is estimated …
The draft bill on banning fees paid by tenants was published last week. The Draft Tenant Fees Bill has not been put before parliament yet and is likely to see changes prior to coming into force which will not be for a while given the stages of the parliamentary process it has to pass through. However, …
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