Author Archives: painsmithblog

Enforcement Agent review

The Ministry of Justice has published a report on ‘one year review of enforcement agent reforms introduced by the Tribunals, Courts and Enforcement Act 2007’. The review carried out is in respect of High Court Enforcement agents, also referred to as bailiffs, that are used to collect unpaid debts on behalf of creditors. They have […]

Tenant fees bill – WALES

The Welsh government has now also introduced a tenant fees bill which is similar to that introduced in England. A summary of the provisions of The Renting Homes (Fees etc.) (Wales) Bill: tenants will no longer be charged for an accompanied viewing, receiving an inventory, signing a contract, or renewing a tenancy; letting agents and […]

Clear drafting

In J N Hipwell v Szurekthe Court of Appeal held that a term should be implied into a lease that the landlord was responsible for the safety of the electrical installations, in order to give business efficacy to the lease. The tenant ran a café, meeting place and function room from the business premises. However, […]

Right to Rent challenge

Some months ago, we wrote an article on the JCWI’s letter to the Secretary of State challenging he decision to roll out the Right to Rent (RtR) scheme to Northen Ireland, Wales and Scotland. The JCWI has now been given permission to judicially review the Secretary of State’s decision. Our previous post can be read […]

Invalid Section 21

In a case brought to our attention recently, the courts found that a landlord’s Section 21 notice was invalid because he had protected the notice and served the prescribed information in respect of the deposit too early. Facts The deposit was provided by a local council on behalf of a tenant. Prior to handing over […]

Overseas ownership of UK property

The government has announced that it is intending to introduce a draft Bill before the summer recess this year to establish the public register of beneficial ownership for foreign companies owning property in the UK. The Bill is expected to be introduced in Summer 2019 with the register implemented in 2021. Our previous post on […]

Select Committee Report

On 19 April 2018 the Commons Housing, Communities and Local Government Committee published a report on the private rented sector in which it said that the most vulnerable tenants need greater legal protections from retaliatory evictions, rent increases and harassment so they are fully empowered to pursue complaints about repairs and maintenance in their homes. […]

Unlawful Eviction

The court of appeal has held in Smith v Khan that in unlawful eviction cases damages must compensate the tenant for not only depriving them of the property but also for anxiety, inconvenience and mental stress. Facts The claimant was a Nigerian national who had leave to remain in the UK but was not entitled to […]

GDPR – continued

In our previous post we mentioned that organisations needed to be fully aware of the lawful processing basis that they are relying on for each data processing activity. This post will address the main bases applicable to agents. There are 6 lawful bases for processing and no single basis is more important or better than […]

General Data Protection Regulation (GDPR) – 25 May 2018

The EU’s General Data Protection Regulation (GDPR) is coming into force on 25 May 2018. This means it will be in force in the UK despite Brexit and will apply to agents and landlords who handle client’s and tenant’s data. GDPR will effectively replace the Data Protection Act 1998 and it is vital that agents […]

Homeless Reduction Act

The Homelessness Reduction Act is now in force. Our previous post can be read here. The new legislation will require councils to intervene earlier to prevent homelessness. It is hoped that the Act will ‘eliminate rough sleeping within the next decade’ with local authorities taking ‘reasonable steps’ to prevent and relieve homelessness. What this means […]

Tenant Fees Bill

The Government has now introduced the Tenant Fee Bill to the House of Commons. The Bill proposes to ban landlords and their letting agents from requiring private tenants and licensees in England making payments in connection with any tenancy. Our previous post can be read here. Below is a summary of the Bill. The ban […]

Scottish review of landlord registration

With the possibility of England introducing a landlord registration scheme we thought it wise to keep an eye on the scheme in Scotland. Any new scheme may be influenced by the Scottish scheme introduced in 2004 with a view to improve standards in the private rental sector. Scotland has therefore launched a review of the […]

Commonwealth citizens (‘Windrush’) and Right to Rent

Many commonwealth citizens have lived in the UK for most of their lives but recently it has become clear that they have had difficulty providing the necessary evidence to prove their status. The government has therefore issued urgent guidance for landlords on the RtR checks on undocumented commonwealth citizens while they take steps to resolve […]

Private Landlords (Registration) Bill

This Bill was introduced to Parliament on 17 January 2018. The Bill seeks to require all private landlords in England (Scotland already has a registration requirement) to be registered. The second reading was due to take place on 27 April 2018. The Bill was introduced by Phil Wilson (Sedgefield) (Labour) MP who suggests that the […]

EPC minimum energy efficiency standard (MEES) are now in force

MEES is now in force. This means that as of the 6 April 2018, private rental properties will need to have a minimum EPC rating of E or it will be illegal to rent the property. Our previous post can be seen here. However, as with most general rules there are exemptions to the minimum […]

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