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Extension of The Winter Truce Period in Respect of Evictions

  The “Winter Truce” period in respect of evictions which was due to end today has been extended by The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (“the Regulations”). As before, County Court Bailiffs cannot conduct evictions unless an exemption applies. The exemptions are as follows: Possession orders made against trespassers; Possession orders […]

New rights for leaseholders

The government has announced that leaseholders will have a new right to extend their lease by up to 990 years at zero ground rent (“a peppercorn”), a welcomed relief for those with complex issues which in some cases may have also led to some homes being impossible to mortgage on reasonable business terms. Currently, no […]

New How to Rent Guide

  On the 10th December, the government has issued a new version of the How to Rent Guide (the Guide). The changes reflect the situation with the ongoing Corona Virus pandemic. The Guide previously published on 07 August 2019 is now out of date and should no longer be used. The new guide should be […]

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 […]

Joint and Several

Where a landlord has a number of individuals on a single tenancy agreement any variation of the tenancy will impact all the tenants collectively. This is the essence of joint and several liability. Where a property is let by a number of tenants on a single tenancy agreement any request to vary a tenancy term […]

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 […]

Formalising a rent variation

We have been asked on the PainSmith helpline about temporary rent variations during the current pandemic. Whilst formalities are not totally necessary for such an agreement they are certainly in the best interest of both landlord and tenant. Rent Reduction Some tenants are unable or struggling to pay rent due to the current pandemic. People […]