Author Archives: painsmithblog

Registering with the Information Commissioners Office

Landlords and agents who process personal data (for example of tenants) must register with the Information Commissioners Office (ICO) and pay the necessary fee. Landlords who rent out property even where there is only one property in the portfolio are running a business for the purposes of this registration requirement. Therefore, landlords need to register […]

Out of time

Where a tenant attempted to challenge a Section 13 notice out of time the Court held in Robertson v Webb that there was no room for discretion to extend the time. The tenant had been served with a valid Section 13 notice proposing to increase the monthly rent. The tenant failed to pay the increased rent […]

Ombudsman Service removed

Lettings agents in England and Wales have been required to join a redress scheme since October 2014. However, the Ministry of Housing, Communities & Local Government has updated guidance for lettings agents to remove Ombudsman Services: Property, from the list of approved redress schemes. The government with the mutual agreement of the Ombudsman Services: Property, […]

Pests

Probably due to the current hot weather we are receiving quite a few calls on the helpline about pests and who is responsible for eradicating them. Unfortunately, the answer is not as straightforward as might be hoped. Furnished Property A landlord has a common law duty to ensure that furnished property is free from pests […]

Longer Tenancies consultation

The government has launched a consultation on “Overcoming the barriers to longer tenancies in the Private Rented Sector.” The consultation will close on 26th August 2018 and only applies to England at present. The objective of the consultation appears to be to seek views on new models of tenancy agreement which balance a tenant’s need for […]

Review of Private Rental Sector

This month the Housing, Communities and Local Government Committee (HCLGC) has written to the Government to express its disappointment with the Government’s response to its report on the Private Rental Sector (PRS). In April the HCLGC published its report on the PRS and some of its findings can be summarised as follows: Tenants need protection […]

Electrical safety checks

The government has clarified building regulations fire safety guidance following the Hackitt review and is now seeking views on the revisions. The recommendations of Dame Judith Hackitt have resulted in a consultation to seek views on government revisions. The consultation document and review of Approved Document B can be viewed here. Approved Document B is […]

Job Vacancy

Painsmith is currently looking to recruit a Paralegal. Experience in the field of civil litigation and landlord and tenant law would be desirable but not essential for the right candidate. The role will entail dealing with all aspects of the firm’s business but with an emphasis on serving notices on tenants and conducting possession actions. If you […]

Lettings agents fined in Tower Hamlets

Agents and landlords in the London Borough of Tower Hamlets have been fined for failing to list fees and uphold decent standards. Many agents and landlords are signed up to the Tower Hamlets Private Rental Charter which is a summary of the legal obligations a landlord or agent has towards a tenant as well as […]

Agent fined for HMO breach

A magistrate court has fined 2 lettings agents for ‘managing’ properties which should have had HMO licenses. One of the agents defended the claim on the basis that they were not managing the property but had in fact only accepted the first month’s rent and deposit. The local authority that commenced the prosecution argued that […]

Knotweed

In Network Rail Infrastructure Ltd v Williams & Anor, the Court of Appeal held that Japanese Knotweed and its underground roots or rhizomes are a ‘natural hazard’ which can affect a property owner’s ability to fully use and enjoy the land. Knotweed is a hardy bamboo-like perennial which spreads rapidly growing to a height of […]

Email Hackers

We have received a number of helpline calls about cyber criminals and money transfer frauds. This crime is on the rise with criminals still managing to dupe victims out of large amounts of money despite banking literature and television adverts attempting to prevent it. Criminals are managing to hack into the email of users, usually […]

Right to Rent – A short Guide

On 29thJune the Home Office published an updated short guide on Right to Rent checks for landlords, agents and tenants. This does not replace the main code of practice but is intended to be a more accsssible document than the full code. Right to Rent (RtR) checks are carried out by landlords or agents renting […]

How to Rent Guide – Amended once again!

On 3rd July we posted a blog on the amended How to Rent Guide. Whilst this may sound unbelieve we are now again posting on yet again an amended How to Rent Guide. Our previous post on when and in what circumstances the Guide should be given to tenants can be read here. The reason […]

Gas Safe Retender – update

Following our previous post in December 2017 the HSE has released further and updated information on the Gas Safe retender. The Gas Safe register provides the official list of gas engineers registered to work legally in Great Britain. Those running the register were given a 10-year contract which expires on 31 March 2019. Accordingly, the […]

How to Rent Guide update

Last week the Government issued an updated ‘How to Rent’ Guide. This updated version of the Guide was issued on 24thJune 2018. Therefore, landlords will need to ensure that from this date onwards any new or statutory tenants or those renewing their tenancy agreements are given this new version. Where landlords fail to provide the […]

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