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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 […]

Reminder – MEES

The Ministry of Housing, Communities & Local Government has issued guidance on obtaining EPCs during the current coronavirus outbreak. On 1 April 2020 Minimum Energy Efficiency Standards (MEES) came fully into force. This means that MEES now applies to all existing, new and renewed tenancies despite the current pandemic. Our previous posts on MEES can […]

Gas safety during the pandemic

Despite the pandemic, landlords are still obliged to ensure that they comply with their gas safety responsibilities. A Landlord’s gas safety responsibilities are: Repair and maintain gas pipework, flues and appliances in a safe condition; Ensure an annual gas safety check is carried out in the rental property; and Keep a record of that check. […]

Guidance for moving home

The government has issued guidance for people who are buying, selling or renting their homes. The guidance appears to be oriented towards house purchases and sales but it clearly applies to rentals too. The advice is that where possible, buyers and renters should delay moving to a new house while measures are in place to […]

Guidance on health and safety obligations

The government has issued guidance for landlords and tenants and their health and safety obligations during the coronavirus pandemic. The guidance has three sections, the first and second of which we have addressed in previous posts. The third section addresses the health and safety obligations of both landlords and tenants. The guidance has been drafted […]