Painsmith Blog

Subscribe to Blog


In Network Rail Infrastructure Ltd v Williams & Anor, the Court of Appeal held that Japanese Knotweed and its underground roots or rhizomes are a ‘natural hazard’ which can affect a property owner’s ability to fully use and enjoy the land. Knotweed is a hardy bamboo-like perennial which spreads rapidly growing to a height of […]

Email Hackers

We have received a number of helpline calls about cyber criminals and money transfer frauds. This crime is on the rise with criminals still managing to dupe victims out of large amounts of money despite banking literature and television adverts attempting to prevent it. Criminals are managing to hack into the email of users, usually […]

Right to Rent – A short Guide

On 29thJune the Home Office published an updated short guide on Right to Rent checks for landlords, agents and tenants. This does not replace the main code of practice but is intended to be a more accsssible document than the full code. Right to Rent (RtR) checks are carried out by landlords or agents renting […]

How to Rent Guide – Amended once again!

On 3rd July we posted a blog on the amended How to Rent Guide. Whilst this may sound unbelieve we are now again posting on yet again an amended How to Rent Guide. Our previous post on when and in what circumstances the Guide should be given to tenants can be read here. The reason […]

Gas Safe Retender – update

Following our previous post in December 2017 the HSE has released further and updated information on the Gas Safe retender. The Gas Safe register provides the official list of gas engineers registered to work legally in Great Britain. Those running the register were given a 10-year contract which expires on 31 March 2019. Accordingly, the […]

How to Rent Guide update

Last week the Government issued an updated ‘How to Rent’ Guide. This updated version of the Guide was issued on 24thJune 2018. Therefore, landlords will need to ensure that from this date onwards any new or statutory tenants or those renewing their tenancy agreements are given this new version. Where landlords fail to provide the […]

Room sizes – HMO

In our previous post we mentioned the mandatory national minimum sleeping room sizes. From 1 October 2018 local authorities will need to impose conditions as to the minimum room sizes which may be occupied as sleeping accommodation in the HMO. A room smaller than the specified size must not be used as sleeping accommodation. The […]

New HMO Regulations – Guidance

The Government has issued guidance for local authorities on the implementation of the HMO changes coming into force 1stOctober 2018. On 1 October 2018 Mandatory licensing will apply to buildings with one or two storeys, occupied by five or more persons, from two or more separate households. We do not intend to detail the changes […]

Enforcement Agent review

The Ministry of Justice has published a report on ‘one year review of enforcement agent reforms introduced by the Tribunals, Courts and Enforcement Act 2007’. The review carried out is in respect of High Court Enforcement agents, also referred to as bailiffs, that are used to collect unpaid debts on behalf of creditors. They have […]

Tenant fees bill – WALES

The Welsh government has now also introduced a tenant fees bill which is similar to that introduced in England. A summary of the provisions of The Renting Homes (Fees etc.) (Wales) Bill: tenants will no longer be charged for an accompanied viewing, receiving an inventory, signing a contract, or renewing a tenancy; letting agents and […]

Clear drafting

In J N Hipwell v Szurekthe Court of Appeal held that a term should be implied into a lease that the landlord was responsible for the safety of the electrical installations, in order to give business efficacy to the lease. The tenant ran a café, meeting place and function room from the business premises. However, […]

Right to Rent challenge

Some months ago, we wrote an article on the JCWI’s letter to the Secretary of State challenging he decision to roll out the Right to Rent (RtR) scheme to Northen Ireland, Wales and Scotland. The JCWI has now been given permission to judicially review the Secretary of State’s decision. Our previous post can be read […]

Invalid Section 21

In a case brought to our attention recently, the courts found that a landlord’s Section 21 notice was invalid because he had protected the notice and served the prescribed information in respect of the deposit too early. Facts The deposit was provided by a local council on behalf of a tenant. Prior to handing over […]

Overseas ownership of UK property

The government has announced that it is intending to introduce a draft Bill before the summer recess this year to establish the public register of beneficial ownership for foreign companies owning property in the UK. The Bill is expected to be introduced in Summer 2019 with the register implemented in 2021. Our previous post on […]

Select Committee Report

On 19 April 2018 the Commons Housing, Communities and Local Government Committee published a report on the private rented sector in which it said that the most vulnerable tenants need greater legal protections from retaliatory evictions, rent increases and harassment so they are fully empowered to pursue complaints about repairs and maintenance in their homes. […]

Unlawful Eviction

The court of appeal has held in Smith v Khan that in unlawful eviction cases damages must compensate the tenant for not only depriving them of the property but also for anxiety, inconvenience and mental stress. Facts The claimant was a Nigerian national who had leave to remain in the UK but was not entitled to […]

Please wait...

Subscribe to our blog

Want to be notified when our article is published? Enter your email address and name below to be the first to know.