Author Archives: Richard Pulford

The Winter Truce Regulations and the Consequences for Evictions

As many of our subscribers may already be aware, the Courts have now entered a period they have referred to as the ‘Winter Truce’ in relation to evictions. This situation is the result of the Government introducing The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (“the Regulations”). The […]

Section 8 and Section 21 notices – update

  As you will hopefully have seen, there have been changes to the notice requirements for section 8 and section 21 notices. We blogged about these changes here https://painsmith.co.uk/amendments-to-s-8-and-s-21-notices/.   With these changes comes a new prescribed notice for each. Unfortunately, in keeping with the handling of eviction claims during the current pandemic to date, […]

Amendments to S.8 and S.21 Notices

As you are undoubtedly aware, there have been recent changes to the notice period you have to give when serving either a section 21 (Form 6A) or a section 8 (Form 3) notice under the Housing Act 1988. The changes have been put in place by the Coronavirus Act 2020 and are currently set to […]

Eviction Moratorium – Update

As is so often the case recently, the blog contains more bad news for Landlords and Agents. The moratorium on possession claims which was originally due to end in June and then was due to definitely end on 23 August, is now going to extended once again. The new date is 20th September 2020 with […]

Statutory Periodic vs Contractual Periodic

Upon the expiration of the fixed-term of a Tenancy Agreement, the Tenancy will continue unless the relevant notice is given by either party. In the latest update to our ASTs, some of you will have noticed that you will have the option of allowing the Tenancy to become a Statutory Periodic Tenancy or continue as […]

Updated ASTs

Our new ASTs are now available to purchase from the online shop or if you are members of the PainSmith helpline service, to download for free from our document vault.   The new agreements give the option of continuing the tenancy by way of contractual periodic or statutory periodic tenancy after the expiry of the […]

Is a Breach Redeemable – A Gas Safety Update

The case of Trecarrell House Ltd v Rouncefield offers this blog a rare opportunity to offer some good news to Landlords and Agents. Some of you may recall our original blog on this particular case ( https://painsmith.co.uk/invalid-section-21-2/ ). We mentioned at the time that the case would be subject to an appeal. This proved to […]

Eviction Moratorium Extension

  The news that many landlords had been worried about has been confirmed. The eviction moratorium that we originally blogged about in March (https://painsmith.co.uk/eviction-moratorium/ ) has been extended. Practice Direction 51Z which sets out the extent of the effects of coronavirus on possession claims originally imposed a stay of 3 months to all new and […]

Electrical Safety Guidance

  As we have blogged about previously ( https://painsmith.co.uk/electrical-safety-2/ ) the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 is in force from June 2020 and applies for all new qualifying tenancies from July 2020. We are well aware of the effect of the current pandemic to the lettings industry as a […]

Tenant Fees Act – reminder

We have produced many blogs on the Tenant Fees Act 2019 and the various restrictions it introduced for new tenancies from 01 June 2019. From 01 June 2020, the Act will apply to all applicable tenancies and licences to occupy housing in the private rented sector. Our previous blogs deal with the requirements in respect […]

Another Coronavirus Update

Another update has been released addressing how possession actions can be handled during the current moratorium on possession claims with an amendment to Practice Direction 51Z: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51z-stay-of-possession-proceedings,-coronavirus There are two key elements of these amendments: • The first of these relates to case directions agreed between the parties involved in ongoing litigation. The court will […]

Right to Rent Update

As the practicalities on the lettings industry of the current pandemic are being worked out, we have our latest update. This time on Right to Rent checks. This has been concerning for many agents and landlords given the social distancing requirements but also the significant penalties for non-compliance. As such, as a temporary measure, you […]

Clarity on possession matters

One of the remaining unanswered questions regarding the 3 month moratorium was in relation to actions that had already started but had not been concluded. We now have the answer. The Master of the Rolls has confirmed that all possession matters that are currently ongoing are suspended for a minimum of 3 months regardless of […]

Coronavirus Update – New Notices

The notices seeking possession of any property occupied under and Assured Shorthold Tenancy have been updated to account for Coronavirus Act. The notices may not look too different as the changes to the format of the notice have been minor however as of 26th March 2020, these notices will need to be used for all […]

PainSmith Solicitors Legal Update Seminars

  *LAST FEW SEMINAR PLACES REMAINING*   Please request a booking form from Emma Butcher at emmab@painsmith.co.uk to save yourself disappointment! Our Brentwood Seminar will take place on Thursday 12th September 2019 at The Holiday Inn, Brentwood M25, Jct 28, Brook Street, Essex CM14 5NF. The event will start with registration and lunch at 1:00pm to […]

PainSmith Seminars

We have two upcoming seminars scheduled in September.   Our Brentwood Seminar will take place on Thursday 12th September 2019 at The Holiday Inn, Brentwood M25, Jct 28, Brook Street, Essex CM14 5NF. The event will start with registration and lunch at 1:00pm to 1:30pm, and the event will finish at 5pm.   Our Cobham […]