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Webinars

PainSmith have teamed up with Tenancy Deposit Scheme (TDS) to run a number of monthly webinars covering some of the most relevant, up to date topic areas in Landlord and Tenant law.   The first session will be on 7th April 2021 at 10.30am for 1 hour and will be taken by Richard Pulford. Fairly […]

Update on Notice Periods and Bailiff Restrictions

The government has announced in a press release from the Ministry of Housing, Communities and Local Government that both the current extension to notice periods for most notices seeking possession and the current ban on bailiff evictions are to continue until at least 31 May 2021. Both restrictions were previously due to expire on 31 […]

Debt Moratorium

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 will come into force on 4th May 2021. The new regulations allow those struggling with debt to apply for a moratorium through a regulated debt adviser. The regulations introduce two types of moratoriums; a Breathing Space Moratorium, which […]

Landlords and Pets – Must I accept pets?

On 28th January 2021, the government published the new version of the Model Tenancy Agreement including provisions to make it easier for tenants with well-behaved pets to secure leases. This agreement prohibits landlords from issuing a blanket ban on pets, providing a glimmer of hope for “responsible” pet owners, albeit conditional. Instead, landlords will have […]

Bailiff Evictions – Winter Truce Extended Again

  The Government has once again extended the “Winter Truce” period in respect of evictions. The Public Health (Coronavirus) (Protection from Eviction) (England) (No.2) Regulations 2021 (“the Regulations”) have extended the previous regulations and will now expire on 31 March 2021. This does not preclude Landlords from issuing possession proceedings, serving notices requiring possession or applying […]

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 […]