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Homeless Reduction Act

The Homelessness Reduction Act is now in force. Our previous post can be read here. The new legislation will require councils to intervene earlier to prevent homelessness. It is hoped that the Act will ‘eliminate rough sleeping within the next decade’ with local authorities taking ‘reasonable steps’ to prevent and relieve homelessness. What this means […]

Tenant Fees Bill

The Government has now introduced the Tenant Fee Bill to the House of Commons. The Bill proposes to ban landlords and their letting agents from requiring private tenants and licensees in England making payments in connection with any tenancy. Our previous post can be read here. Below is a summary of the Bill. The ban […]

Scottish review of landlord registration

With the possibility of England introducing a landlord registration scheme we thought it wise to keep an eye on the scheme in Scotland. Any new scheme may be influenced by the Scottish scheme introduced in 2004 with a view to improve standards in the private rental sector. Scotland has therefore launched a review of the […]

Commonwealth citizens (‘Windrush’) and Right to Rent

Many commonwealth citizens have lived in the UK for most of their lives but recently it has become clear that they have had difficulty providing the necessary evidence to prove their status. The government has therefore issued urgent guidance for landlords on the RtR checks on undocumented commonwealth citizens while they take steps to resolve […]

Private Landlords (Registration) Bill

This Bill was introduced to Parliament on 17 January 2018. The Bill seeks to require all private landlords in England (Scotland already has a registration requirement) to be registered. The second reading was due to take place on 27 April 2018. The Bill was introduced by Phil Wilson (Sedgefield) (Labour) MP who suggests that the […]

EPC minimum energy efficiency standard (MEES) are now in force

MEES is now in force. This means that as of the 6 April 2018, private rental properties will need to have a minimum EPC rating of E or it will be illegal to rent the property. Our previous post can be seen here. However, as with most general rules there are exemptions to the minimum […]

Gas safety and the Section 21 debate

In Caridon Property v Monty Shooltza County Court appeal judge has dismissed a landlord’s claim for possession on the expiry of a Section 21 notice. The landlord’s claim failed because the tenant was not given a gas safety certificate before the commencement of a post 1 October 2015 tenancy pursuant to Regulation 2 of the […]

Client Money Protection update

The government consultation on client money protection schemes for lettings agents has now closed. In summary the government’s response to the consultation is as follows: 63% of respondents agreed that any client money protection (CMP) scheme should be market-led, that is a private scheme which is approved by the government in order to operate. The […]

Database of Rogue landlords and property agents

The government has issued guidance on when and under what circumstances local authorities in England may make an entry on the ‘rogue’ landlord or agent database. The database was established following the introduction of the Housing and Planning Act 2016. The database is designed to help local authorities track agents and landlords that have been […]

Tower Hamlets

It has been reported that Tower Hamlets (TH) council will be asking housing secretary Sajid Javid to exempt parts of the borough from rules enabling people to let their homes out for short term holiday lets like those found on Airbnb without permission. Landlords renting out their properties in the borough for an aggregate of […]

Correcting tenancy deposit mistakes

Since the introduction of the Deregulation Act 2015 the process of registering and returning a tenancy deposit has been made simpler for most landlords. There are still some situations though where it is very complex and the Deregulation Act changes have actually made that worse. In general, deposits should be protected within 30 days of […]

Regulation of agents update

The government has completed its consultation seeking views on whether a new regulatory model is needed for agents in the lettings and leasehold sector. Our previous posts on this topic can be read here. The response document published by the government runs to some 33 pages so we have a brief summary of the changes […]

Landlord’s consent again……

In the case of Warborough Investments and Lunar Office the courts found that the grant of an underlease was a breach by the tenant of the headlease. Clause 4(21) of the headlease included various provisions by the tenant not to assign or underlet except upon certain terms and conditions. Clause 4(21)(b) required the tenant to […]

Update on “No DSS” post

Two Labour MPs have put written questions to the Ministry of Housing, Communities and Local Government on lettings agents rejecting tenants that are in receipt of benefits. Our previous post on this can be read here. The Minister for the Private Rented Sector, Heather Wheeler responded to the questions: “The Department has received correspondence on […]

Trade Mark infringement by agent

A subsidiary of the University Essex’s Student Union was found to have infringed a Leicester lettings agents UK registered trade mark in the case of Student Union Lettings and Essex Student Lets. The claimant was a letting agent mainly providing accommodation for students in Leicester. In 2015 they registered SULETS as a trade mark for […]

Update on Scotland

When Westminster considers new measure for the English private rental market they take note of the new measures and changes in Scotland. So here is a post on the Private Housing (Tenancies) (Scotland) Act 2016 which came into force in December last year and has made huge changes to the rental market in Scotland. Length […]

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