Painsmith Blog
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 […]
Who pays the bills?
We have had an interesting enquiry in the office today so thought a post on the subject would be helpful. Unpaid bills are no doubt an issue that will crop up a lot at the moment given the difficulties everyone faces with the coronavirus pandemic. Specifically, previous tenants who no longer live in the UK […]
Right to Rent Update
As the practicalities on the lettings industry of the current pandemic are being worked out, we have our latest update. This time on Right to Rent checks. This has been concerning for many agents and landlords given the social distancing requirements but also the significant penalties for non-compliance. As such, as a temporary measure, you […]
Clarity on possession matters
One of the remaining unanswered questions regarding the 3 month moratorium was in relation to actions that had already started but had not been concluded. We now have the answer. The Master of the Rolls has confirmed that all possession matters that are currently ongoing are suspended for a minimum of 3 months regardless of […]
Coronavirus Update – New Notices
The notices seeking possession of any property occupied under and Assured Shorthold Tenancy have been updated to account for Coronavirus Act. The notices may not look too different as the changes to the format of the notice have been minor however as of 26th March 2020, these notices will need to be used for all […]
Coronavirus Bill
The Bill has been laid before Parliament to enact a whole host of amendments to legislation proposed by the government in response to the world-wide pandemic. The bill is currently before the House of Lords and in that version schedule 29 makes some changes to Section 21 and 8 notices. The Housing Act 1988 has […]
A message
The current situation is not only difficult for those that have been personally affected by Coronavirus but also by those who are trying to work, run a business or look after their children at home. Whatever your situation we wish you all well and hope you are keeping safe. At the moment the government is […]
Eviction Moratorium
Yesterday evening the government announced a package of measures to protect tenants and landlords. Emergency legislation will be passed to prevent private sector landlords from issuing possession proceedings for at least a 3-month period. The government has also announced that the mortgage ‘holiday’ offered to homeowners will also apply to landlords with a buy to […]
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