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Painsmith Blog

Tenant Fees Act – Guidance

On 1 April the Ministry of Housing, Communities & Local Government (MHCLG) published guidance on the Tenant Fees Act 2019. MHCLG has issued 3 guidance documents on the Act for tenants, enforcement authorities and landlords and lettings agents. We will concentrate on the guidance issued to landlords and lettings agents. The guidance begins with a …

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Client Money Protection (CMP) now in force

From 1 April, all private property agents in England holding client money must belong to a government approved client money protection scheme. Our previous detailed post can be read here. The government has approved the following CMP schemes: Client Money Protect Money Shield NALS Client Money Protection Propertymark RICS UKALA Client Money Protection Further schemes …

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MEES update

The new cost cap of £3,500 inc. VAT on properties that have an EPC rating below E will come into force today (April 1). Our previous detailed post can be read here. The minimum energy performance rating of E for private rental properties was introduced last year on 1 April 2018. This amendment to the …

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Zoopla to end ‘No DSS’

Zoopla has announced that it is removing the wording ‘No DSS’ in rental listings in an effort to help the blanket ban on renters on benefits. Our previous post can be read here.  Over the next few weeks Zoopla intends to implement technical measures to remove the words ‘No DSS’ from current and new listings.  …

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Invalid Section 21

Readers of this blog will recall the case of Caridon Property v Monty Shooltz in which a tenant successfully defended a Section 21 repossession case. Our previous post can be read here. Now a court has made the same decision in a new case with similar facts which has prompted the Residential Landlord Association’s (RLA) decision to …

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Homes (Fitness for Human Habitation) Act 2018 – Guidance

The Ministry of Housing, Communities & Local Government has issued guidance for landlords and tenants on the Homes (Fitness for Human Habitation) Act 2018. This post will concentrate on the guidance issued to landlords which can be read here.  The Act came into force 20 March 2019 and applies to all tenancies which commence on …

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Agent rating scheme

Property agents in Teignbridge, Devon are being invited to participate in a voluntary rating scheme similar to the ‘food hygiene rating scheme.’ Teignbridge District Council has introduced a Property Agent Rating Scheme (PARS) similar to the ‘food hygiene rating scheme.’ Landlords and tenants will see participating agents display window stickers and certificates in their offices …

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Right to Rent – case

On 1 March the High Court released its decision in the case of Joint Council for the Welfare of Immigrants (JCWI) against the Secretary of State for the Home Department. The High Court has held that the Right to Rent policy is unlawful. This is a summary of the judgement which can be read in …

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Right to Rent unlawful

On Friday the High Court held that the Right to Rent is in breach of the Human Rights Act and therefore unlawful. However, despite this decision landlords and agents will need to continue with their checks as they have done in the past. We have previously posted about the JCWI’s legal challenge of the Right to …

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Fraudulent documents

A landlord has been given a prison sentence for submitting forged documents to Barking and Dagenham Council who were investigating an HMO breach.  An Essex landlord was reported to Barking and Dagenham Council for converting a 3 bedroom house into a HMO. During their investigation the council enforcement officers discovered that the property had been …

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Overcrowding

Brent Council recently raided a property in Wembley and discovered 19 tenants in occupation.  Overcrowded properties have always been an issue in the private rental sector. However, the problem appears to be on the increase resulting in a number of prosecutions of unscrupulous landlords. Enforcement officers of Brent Council raided a property in Wembley and …

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Authority to Instruct

When taking instructions, it is always important to ensure that agents know who the landlord is and whether the person giving instructions (if different) has the legal power to do so.  This is one of those issues that we often discuss with clients on the PainSmith Helpline and it is usually not straightforward. We are …

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Tenant Fees Act

The Tenant Fees Bill received Royal Assent on 12 February 2019 meaning that it is now the Tenant Fees Act and will come into force on 1 June 2019.  In summary the Act bans letting fees paid by tenants to an agent or landlord in the private rented sector and caps tenancy deposits in England.  …

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To-Let signs ban

Residents in parts of Lincoln will no longer see ‘To Let’ signs after the council was granted permission by the government to ban them altogether. Lincoln city council applied to the government for the ban under Regulation 7 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. The ban is proposed to …

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