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Author Archives: painsmithblog

‘Fit and Proper Person’

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 […]

‘Rogue landlord’ inquiry announced

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 […]

Energy Performance – Exclusions and Exemptions in detail

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 […]

Client Money Protection Consultation

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 […]

Agent’s fee ban- the Draft Bill

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, […]

Regulation for agents – cont’d

This is the second post on the government’s consultation requesting views on whether a new regulatory model is needed for agents in the leasehold sector. The first post can be read here. In an attempt to address the problems identified by the government, the consultation has specifically requested views on 3 issues. Any of these […]

Regulation for agents

Following the Conservative party conference speech by Sajid Javid, the Department for Communities and Local Communities has launched a consultation requesting views on whether a new regulatory model is needed for agents in the leasehold sector. Specifically, the call for evidence states “we want to understand what form regulation of letting and managing agents should […]

Energy Performance – funding in detail cont’d

In our previous posts, we discussed the Government’s guidance on the minimum level of energy efficiency required in April 2018 for private rented properties and the Green Deal. In this post, we will discuss in detail two further options that a landlord can rely on to fund efficiency improvements. In summary, the funding that a […]

Sub-letting

The Sublet Property (Offences) Bill is a private members bill introduced in the House of Commons by Christopher Chope. The bill is intended to make the breach of certain rules relating to sub-letting rented accommodation a criminal offence; to make provision for criminal sanctions for unauthorised lettings. The bill was expected to have its second reading […]

Energy Performance – funding in detail

In our previous post, we discussed the Government’s guidance on the minimum level of energy efficiency required in April 2018 for private rented properties. In this post, we will discuss in detail the Green Deal funding option which is available for the recommended improvements. In summary, the funding that a landlord may rely on can […]

Energy Performance Guidance

The Government has finally released its Guidance on the minimum level of energy efficiency required for private rented properties. Our previous post on minimum energy levels can be read here. In summary, the new minimum level of energy efficiency means that: from 1 April 2018, landlords will no longer be permitted to grant new tenancies […]

Right to Rent and writs of possession

On 1 October, it will become clearer how to recover possession of a property where all the occupiers have no Right to Rent. Our previous post on ending a tenancy where occupiers do not have the Right to Rent can be read here. Under the Immigration Act 2016 which amended the Immigration Act 2014, landlords were given […]

PainSmith Solicitors: Gatwick Seminar

Our next Seminar will take place on Thursday 16th November 2017 at The Hilton, South Terminal Gatwick Airport, London, RH6 0LL. The event will start with registration and run from 1pm to 6pm with lunch at 1pm to 2pm. Topics to be covered include the following: • GDPR • Money Laundering • Right to Rent […]

New Pre-Action protocol for Debt Claims

The new pre-action protocol comes into force 1 October 2017 and applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including sole traders). For agents, this protocol can be used when seeking to recover unpaid fees. Pre-Action protocols are designed to encourage early engagement and communication in […]

Notice to Quit by Tenant

This is our second post on notice periods. Our first blog can be read here. When a tenant’s tenancy becomes a statutory periodic tenancy, they must give their landlord a notice to quit when they want to vacate the property. The notice does not have to be in any particular form but it must be […]

PainSmith Solicitors West Country Seminar

Our next Seminar will take place on Wednesday 8th November 2017 at The World Horse Welfare Centre, Glenda Spooner Farm Rescue and Rehoming Centre, Kingsdon, Somerton, Somerset, TA11 7LA. The seminar will start at 1pm to 5:30pm with lunch at 1pm to 2pm. There will be time at the end for questions. Topics to be […]

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