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Painsmith Blog

Tenancy Deposit Reform

The Ministry of Housing, Communities & Local Government (MHCLG) has launched a call for evidence to explore innovative approaches to deposit protection and look at improvements to the way the deposit protection process works. One of the issues that the MHCLG appears to have identified is the length of time it takes for some tenants …

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Lewisham council consulting on extending licensing

Lewisham council is consulting on introducing new additional HMO and selective licensing schemes. At present Lewisham operates the mandatory and an additional HMO licensing scheme within its borough. Lewisham is now proposing introducing two further schemes which will operate in tandem with the existing schemes. The proposal is to introduce a new additional HMO licensing …

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Update on ‘No DSS’

In the last 12 months we have written many posts on agents and landlords refusing to let to tenants on benefits for a variety of reasons. The tide now appears to be changing, especially in relation to lenders who were prohibiting landlords from letting their properties on buy-to-let mortgages to tenants on benefits. This month …

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Intentionally homeless

In Samuels v Birmingham City Council the Supreme Court held that it was difficult to see on what basis the finding of intentional homelessness had been upheld. The tenant was an assured shorthold tenant of a property in West Bromwich. The tenant fell into rent arrears and was evicted from the property. The tenant contacted …

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Multiple deposit breaches

In Howard v Dalton, the tenant’s damages award for the landlord’s failure to protect the tenancy and provide the prescribed information (PI) was reduced from £83,760 to £7,200 on appeal. The first tenancy was granted in 2007. A deposit of £900 was initially taken and a further £845 upon signing the tenancy. There was then …

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‘Extra Services’

In Curo Places Ltd v Pimlett the Upper Tribunal held that a landlord could not charge a tenant for ‘extra’ services when those same services were previously being provided at no cost to the tenant. Curo was the landlord and Mr P the tenant of a bungalow in a sheltered housing scheme. Mr P’s tenancy agreement …

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Tenant Fees Ban – Wales

The Renting Homes (Fees etc.) (Wales) Act 2019 will come into force in Wales on 1 September. The Act, like the Tenant Fees Act in England, will ban landlords and agents from charging private tenants fees for the grant, renewal or continuation of a tenancy agreement. The language of the Welsh Act is largely the …

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Rogue landlord fined £20,000

Willesden Magistrates Court recently ordered a landlord to pay fines of £20,000, costs of £4,678 and a victim surcharge of £170. A landlord in Wembley came to Brent Council Housing Enforcement Officers’ attention following a tip-off from council tax officers that the landlord was attempting to claim a single person’s discount for the property when …

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