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Author Archives: painsmithblog

Gas safety and the Section 21 debate

In Caridon Property v Monty Shooltza County Court appeal judge has dismissed a landlord’s claim for possession on the expiry of a Section 21 notice. The landlord’s claim failed because the tenant was not given a gas safety certificate before the commencement of a post 1 October 2015 tenancy pursuant to Regulation 2 of the […]

Tower Hamlets

It has been reported that Tower Hamlets (TH) council will be asking housing secretary Sajid Javid to exempt parts of the borough from rules enabling people to let their homes out for short term holiday lets like those found on Airbnb without permission. Landlords renting out their properties in the borough for an aggregate of […]

Correcting tenancy deposit mistakes

Since the introduction of the Deregulation Act 2015 the process of registering and returning a tenancy deposit has been made simpler for most landlords. There are still some situations though where it is very complex and the Deregulation Act changes have actually made that worse. In general, deposits should be protected within 30 days of […]

Regulation of agents update

The government has completed its consultation seeking views on whether a new regulatory model is needed for agents in the lettings and leasehold sector. Our previous posts on this topic can be read here. The response document published by the government runs to some 33 pages so we have a brief summary of the changes […]

Landlord’s consent again……

In the case of Warborough Investments and Lunar Office the courts found that the grant of an underlease was a breach by the tenant of the headlease. Clause 4(21) of the headlease included various provisions by the tenant not to assign or underlet except upon certain terms and conditions. Clause 4(21)(b) required the tenant to […]

Update on “No DSS” post

Two Labour MPs have put written questions to the Ministry of Housing, Communities and Local Government on lettings agents rejecting tenants that are in receipt of benefits. Our previous post on this can be read here. The Minister for the Private Rented Sector, Heather Wheeler responded to the questions: “The Department has received correspondence on […]

Trade Mark infringement by agent

A subsidiary of the University Essex’s Student Union was found to have infringed a Leicester lettings agents UK registered trade mark in the case of Student Union Lettings and Essex Student Lets. The claimant was a letting agent mainly providing accommodation for students in Leicester. In 2015 they registered SULETS as a trade mark for […]

Update on Scotland

When Westminster considers new measure for the English private rental market they take note of the new measures and changes in Scotland. So here is a post on the Private Housing (Tenancies) (Scotland) Act 2016 which came into force in December last year and has made huge changes to the rental market in Scotland. Length […]

Landlord’s consent before the courts

In No. 1 West India Quay and East Tower Apartments 2018 the Court of Appeal held that a landlord acted reasonably when he refused to consent to an assignment. This issue of Landlord’s consent seems to be a hot topic in the courts at the moment and this case in particular is quite important. Our […]

Overcrowded properties

Measures to improve overcrowded and dangerous living conditions in the private rental sector were laid before Parliament this month by the Housing Minister Heather Wheeler. Councils will be given tougher powers including imposing fines of up to £30,000 to tackle landlords that rent out overcrowded properties. From October this year minimum room sizes will be […]

Back to Basics – Landlord’s consent

Tenant’s that seek to assign, underlet or share possession of a rented property will often need to obtain the landlord’s consent for such a change. However, consent cannot usually be made subject to certain conditions where those conditions will enhance the landlord’s rights under the lease even where there is a contractual provision in the […]

“No DSS”

On 26th February the BBC ran an article headlined “Landlords who say ‘no DSS’ breaking equality laws.” The article seems to be a little misleading because there has been no court determination and the case was in fact settled out of court. Background A tenant occupying a property for some 11 years without an adverse […]

‘Rogue’ landlords and property agents.

The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 will come into force on 6th April 2018. The Regulations only apply in England and set out what information should be included in the database. Specifically, the information will include: Name and address whether individual or company; Local housing authority […]

Client Money Protection

In November last year the government commenced a consultation ‘seeking views on the implementation of mandatory membership of a client money protection scheme for property agents.’ On 26th February 2018 the government brought into force the Housing and Planning Act 2016 (Commencement No 7 and Transitional Provisions) Regulations 2018.  The commencement of these Regulations brings […]

Adverse Weather Conditions – Skeleton Staff

PainSmith is operating a skeleton staff today due to the adverse weather conditions. The phones are manned however, if you have any difficulty getting through please send an email to or

New HMO Regulations

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 is now published and will come into force on 1st October 2018. The Order applies to any HMO property in England. Our previous and more detailed post can be read here. Application The Order changes the definition of a HMO property under the […]

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