Author Archives: painsmithblog

Longer Tenancies Consultation – the Response

The government has now published its response to the longer tenancies consultation launched on 2 July 2018 for 8 weeks. The government’s response to the longer tenancies consultation is inextricably linked to the announcement earlier this week to abolish section 21 notices. Our initial post on the consultation itself can be read here. The consultation […]

Access to a property upon giving notice

In New Crane Wharf Freehold Ltd v Dovener, the Upper Tribunal held that a tenant’s failure to respond to a solicitor’s letter requesting access to a property was not a refusal of access. Tenancy agreements in the private rental market often include an access clause. That is a clause that permits a landlord to gain […]

End of Section 21?

The government has today announced plans to consult on new legislation to abolish Section 21 evictions. The government has outlined plans today to consult on new legislation to end section 21, so called ‘no fault’ evictions. If the plans go ahead landlords will no longer be permitted to serve tenants with a section 21 notice […]

Tenant Fees Act – Guidance

On 1 April the Ministry of Housing, Communities & Local Government (MHCLG) published guidance on the Tenant Fees Act 2019. MHCLG has issued 3 guidance documents on the Act for tenants, enforcement authorities and landlords and lettings agents. We will concentrate on the guidance issued to landlords and lettings agents. The guidance begins with a […]

Client Money Protection (CMP) now in force

From 1 April, all private property agents in England holding client money must belong to a government approved client money protection scheme. Our previous detailed post can be read here. The government has approved the following CMP schemes: Client Money Protect Money Shield NALS Client Money Protection Propertymark RICS UKALA Client Money Protection Further schemes […]

MEES update

The new cost cap of £3,500 inc. VAT on properties that have an EPC rating below E will come into force today (April 1). Our previous detailed post can be read here. The minimum energy performance rating of E for private rental properties was introduced last year on 1 April 2018. This amendment to the […]

Zoopla to end ‘No DSS’

Zoopla has announced that it is removing the wording ‘No DSS’ in rental listings in an effort to help the blanket ban on renters on benefits. Our previous post can be read here.  Over the next few weeks Zoopla intends to implement technical measures to remove the words ‘No DSS’ from current and new listings.  […]

Invalid Section 21

Readers of this blog will recall the case of Caridon Property v Monty Shooltz in which a tenant successfully defended a Section 21 repossession case. Our previous post can be read here. Now a court has made the same decision in a new case with similar facts which has prompted the Residential Landlord Association’s (RLA) decision to […]

Homes (Fitness for Human Habitation) Act 2018 – Guidance

The Ministry of Housing, Communities & Local Government has issued guidance for landlords and tenants on the Homes (Fitness for Human Habitation) Act 2018. This post will concentrate on the guidance issued to landlords which can be read here.  The Act came into force 20 March 2019 and applies to all tenancies which commence on […]

Client Money Protection – Update

On 7 March the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc) Regulations 2018 were signed and come into force from 1 April 2019.  Under the new Regulations all private property letting agents will have to sign up to a government-backed scheme protecting tenants’ and landlords’ money or face […]

Agent rating scheme

Property agents in Teignbridge, Devon are being invited to participate in a voluntary rating scheme similar to the ‘food hygiene rating scheme.’ Teignbridge District Council has introduced a Property Agent Rating Scheme (PARS) similar to the ‘food hygiene rating scheme.’ Landlords and tenants will see participating agents display window stickers and certificates in their offices […]

Government response to Right to Rent court decision

The Minister of State for Immigration, Caroline Nokes has issued a written ministerial statement in response to the High Court decision in the case of the JCWI against the Secretary of State.  The High Court held that the Right to Rent scheme was unlawful as it inevitably led to unlawful discrimination on the part of […]

Right to Rent – case

On 1 March the High Court released its decision in the case of Joint Council for the Welfare of Immigrants (JCWI) against the Secretary of State for the Home Department. The High Court has held that the Right to Rent policy is unlawful. This is a summary of the judgement which can be read in […]

Right to Rent unlawful

On Friday the High Court held that the Right to Rent is in breach of the Human Rights Act and therefore unlawful. However, despite this decision landlords and agents will need to continue with their checks as they have done in the past. We have previously posted about the JCWI’s legal challenge of the Right to […]

Fraudulent documents

A landlord has been given a prison sentence for submitting forged documents to Barking and Dagenham Council who were investigating an HMO breach.  An Essex landlord was reported to Barking and Dagenham Council for converting a 3 bedroom house into a HMO. During their investigation the council enforcement officers discovered that the property had been […]

Overcrowding

Brent Council recently raided a property in Wembley and discovered 19 tenants in occupation.  Overcrowded properties have always been an issue in the private rental sector. However, the problem appears to be on the increase resulting in a number of prosecutions of unscrupulous landlords. Enforcement officers of Brent Council raided a property in Wembley and […]

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