Author Archives: painsmithblog

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 […]

Tenant Fees Ban Wales – update

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. Our previous post on the Act can be read […]

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 […]

Gas Safety to be considered by Court of Appeal

In Trecarrel House Limited v Rouncefield the Appeal court held that a breach of the Gas Safety Regulations could not be remedied by a landlord retrospectively. The gas safety certificate was served prior to the service of a s.21 notice and not before the tenant occupied the property. However, at first instance and contrary to the decision […]

Tenant Fees Act now in force

The Tenant Fees Act came into force on 1 June 2019. The Act bans landlords and agents charging tenants fees for entering, renewing, assigning or novating or terminating a tenancy in England. There are also restrictions placed on tenancy deposits. The aim of the Act is to reduce the costs that tenants pay in respect […]

How to Rent Guide revised

On 31 May the government revised the How to Rent Guide to take into account all the changes introduced into the Private Rental Sector by the Tenant Fees Act. The How to Rent Guide must be given to tenants who enter into a new or renewed tenancy for a fixed term on or after 1 […]

Complaint upheld by Advertising Standards Authority

The Advertising Standards Authority (ASA) has upheld a complaint made against Leftmove Estate Agents Ltd (LEA). The following adverts were the cause of the 2 complaints upheld by the ASA. (a) The website www.leftmove.com, seen on 11 January 2019, stated on the home page “Official Market Leaders … In 2017 we sold more in PR4 […]

‘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 […]

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 […]

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 […]

Tenancy (Deposits and Arbitration) Bill

The Tenancy (Deposits and Arbitration) Bill was introduced to Parliament by the Labour MP Lloyd Russell-Moyle on 13 March 2019. The text of the Tenancy (Deposits and Arbitration) Bill is not currently available and it will not be produced unless it reaches its second reading. It is a Private Members’ Bill introduced to Parliament under […]

Change in landlord and prescribed information

A tenant successfully appealed a possession order granted to a landlord despite failing to provide the tenant with the deposit prescribed information. In the case of Sebastiampillai v Parr, Mr and Mrs S purchased a property with a tenant in situ in July 2014. The deposit paid to the previous landlord and owner of the […]

Amended Section 21

On 1 June 2019 an amended form 6A will come into force. On 7 May 2019 the Assured Tenancies and Agricultural Occupancies (Forms) (England)(Amendment) Regulations 2019 were made. These Regulations amend Form 6A (Section 21 notice) largely due to the changes coming into force under the Tenants Fees Act also on 1 June. At Page […]

Reasons private landlords refuse to let to ‘DSS’ tenants

The House of Commons Library has published a paper considering evidence of private landlords’ reluctant to let to prospective tenants in receipt of benefits. At one point not so long ago, it was quite common for private landlords and lettings agents to advertise properties to let stating that they will not accept applications from tenants […]

Registration system for short-term lettings

The Mayor of London, Sadiq Khan, is calling on the government to introduce a new registration system for those renting out a property for less than 90 days a year in London. In 2015 short term lets in London were capped to a total of 90 days a year. However, enforcing this cap has proven […]

Rogue Landlord Enforcement – Guidance

The Ministry of Housing, Communities & Local Government (MHCLG) has issued guidance for local authority enforcement officers on the powers and options open to them to tackle rogue landlords. The MHCLG guidance is aimed at local authority enforcement officers seeking to ‘drive up’ standards in their local areas. The guidance is said to provide a […]

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