Painsmith Blog

Introduced in May 2021 under the Debt Respite Scheme (Breathing Space) Regulations 2020, we have noticed a sharp increase in the use of Breathing Space. What Is Breathing Space? Breathing Space is a legal moratorium that temporarily protects individuals in problem debt from most enforcement action by creditors, including landlords. There are two types: Standard …

Breathing Space Applications and Their Impact on Possession Proceedings Read More »

The Renters’ Rights Bill returned to the House of Lords today for its second Committee Stage sitting, with peers turning their attention to the fine print. While the Bill’s overarching aim is to modernise the private rented sector and strengthen tenant protections, it’s in the detail—particularly the grounds for possession where the real debates are …

Grounds for Reform: Lords Debate on Ground 6B and the Renters’ Rights Bill Read More »

On 22 April 2025, the House of Lords commenced the Committee Stage of the Renters’ Rights Bill, marking a pivotal moment in the UK’s efforts to reform the private rental sector. This stage involves a detailed, line-by-line examination of the Bill. The initial day of the Committee Stage saw discussions on several significant amendments, a …

Key Debates on the Renters’ Rights Bill Read More »

In a significant ruling, a tribunal has ordered a landlord to repay £263,555.68 to tenants of two unlicensed Houses in Multiple Occupation (HMOs) in Hackney, East London. This is one of the largest rent repayment orders (RROs) made in recent years and sends a crystal-clear message to landlords: fail to comply with your licensing obligations, …

Tenants v. John Christodoulou: Rent Repayment Order and a Warning for Landlords Read More »

The recent Court of Appeal decision in Khan v. D’Aubigny [2025] EWCA Civ 112 has given some clarification on the critical point of proper service of notices. The Background In Khan v. D’Aubigny, Mr. Khan, the landlord, sought possession of his rental property, relying on a Section 8 notice for rent arrears. The tenancy agreement …

Khan v. D’Aubigny: Court of Appeal Clarifies Service of Notices in Landlord-Tenant Disputes Read More »

Errors in Service Under limited circumstances, courts can allow proceedings to continue without formal service of documents. However, as recent cases demonstrate, judges are extremely cautious about exercising this discretion in residential landlord and tenant matters. If you are a landlord or letting agent, this is a critical area of procedure you need to understand. …

Can Defective Notices Be Saved? Read More »

From 14 May 2025, new financial sanctions regulations come into force, placing tighter compliance obligations on letting agents throughout the UK. These changes are aimed at preventing the property market from being used for criminal activity such as money laundering or facilitating transactions with sanctioned individuals and entities.   What Needs to Be Checked? The core …

New Anti-Money Laundering Requirements for Letting Agents (2025 Update) Read More »

PainSmith Solicitors have had telephone issues. Our IT suppliers are currently trying to solve this problem. We aim to get the helpline service back up and running at 12:30pm . All calls emails etc have been forwarded to Marveen Smith and Emma Somerset. If an issue email Marveen on marveen@painsmith.co.uk. We apologies for this inconvenience. …

Telephone Issues 27/12/2024 Read More »

PainSmith will be open as usual until 23rd December 2024 at 17:30pm.  The office will then be closed from 24th December 2024 until 1st January 2025. Normal business will resume on 2nd January 2024 at 9am.  During our break, we will answer helpline calls and email enquiries on 27th December 2024, 30th December 2024 and …

Christmas Opening Hours Read More »

PainSmith solicitors have had telephone issues. Our IT suppliers are shutting down the system this afternoon. No we are not happy. Do not worry your service will continue. All calls emails etc have been forwarded to Marveen Smith. If an issue email Marveen on marveen@painsmith.co.uk

The Government have expressed their commitment to progressing the Renters Rights Bill through the process as quickly as possible, which understandably leaves both landlords and tenants concerned as to when they should start to prepare for the new regulations. However, The Renters Rights Bill is currently still in early stages of the legislative process. The …

Renters Rights Bill: When to Prepare Read More »

PainSmith now offer a specialist “Rent to Rent” Commercial Lease for £350 plus VAT. This lease is designed to meet the specific needs of landlords engaging in “Rent to Rent” arrangements including transfer of obligations for repair and upkeep of the property to the tenant. The draft lease comes with additional guidance on completion of …

PainSmith “Rent to Rent” Commercial Lease Available Now Read More »

When serving notices and relevant documents to tenants, there can be numerous nuanced criteria determining whether a notice has been deemed correctly served. The incorrect service of a Notice or a document can lead to problems. Serving notice to the correct people and through the correct methods of service are the key ways in which …

Providing Notices and Documents to the Tenant Read More »

The recent decision of Siddeeq v Alaian may prove to be a cause of concern for some landlords who may find themselves in breach of legislation regarding the registration and protection of deposits and thus unable to serve a valid section 21 notice as shown below. The case concerned a defence against a possession order …

Prescribed information: How soon is ‘too soon’ to serve? Read More »

PainSmith are delighted to announce Danniella Lucien has passed all the exams to qualify as a Solicitor and to be entered on the Law Society roll. Danniella commenced her employment with PainSmith in March 2021 having completed her first degree in History and Politics where she was awarded a First Class Honours. Danniella commenced studying …

Danniella Lucien: A Superb Attainment Read More »

Who conducts the checks? Right to Rent requires letting agents and landlords to prove their tenant has right to rent in the United Kingdom. Should a landlord appoint an agent to conduct checks on their behalf and subsequent follow up checks, they should retain a written agreement clearly stating who is responsible. Such an arrangement …

Right to Rent Read More »