Painsmith Blog
Tenancy Deposit Reform
The Ministry of Housing, Communities & Local Government (MHCLG) has launched a call for evidence to explore innovative approaches to deposit protection and look at improvements to the way the deposit protection process works. One of the issues that the MHCLG appears to have identified is the length of time it takes for some tenants […]
Lewisham council consulting on extending licensing
Lewisham council is consulting on introducing new additional HMO and selective licensing schemes. At present Lewisham operates the mandatory and an additional HMO licensing scheme within its borough. Lewisham is now proposing introducing two further schemes which will operate in tandem with the existing schemes. The proposal is to introduce a new additional HMO licensing […]
Impact of the Tenant Fees Act
Some 4 weeks after the Act came into force the private rental market is already seeing the negative consequences of the legislation. The Act came into force on 1 June 2019 but prior to this the industry warned that the consequences would have a negative impact on the rental market. ARLA amongst others warned earlier […]
Update on ‘No DSS’
In the last 12 months we have written many posts on agents and landlords refusing to let to tenants on benefits for a variety of reasons. The tide now appears to be changing, especially in relation to lenders who were prohibiting landlords from letting their properties on buy-to-let mortgages to tenants on benefits. This month […]
Intentionally homeless
In Samuels v Birmingham City Council the Supreme Court held that it was difficult to see on what basis the finding of intentional homelessness had been upheld. The tenant was an assured shorthold tenant of a property in West Bromwich. The tenant fell into rent arrears and was evicted from the property. The tenant contacted […]
Tenant Fees Ban Wales – update
The Renting Homes (Fees etc.) (Wales) Act 2019 will come into force in Wales on 1 September. The Act, like the Tenant Fees Act in England, will ban landlords and agents from charging private tenants fees for the grant, renewal or continuation of a tenancy agreement. Our previous post on the Act can be read […]
Multiple deposit breaches
In Howard v Dalton, the tenant’s damages award for the landlord’s failure to protect the tenancy and provide the prescribed information (PI) was reduced from £83,760 to £7,200 on appeal. The first tenancy was granted in 2007. A deposit of £900 was initially taken and a further £845 upon signing the tenancy. There was then […]
Gas Safety to be considered by Court of Appeal
In Trecarrel House Limited v Rouncefield the Appeal court held that a breach of the Gas Safety Regulations could not be remedied by a landlord retrospectively. The gas safety certificate was served prior to the service of a s.21 notice and not before the tenant occupied the property. However, at first instance and contrary to the decision […]
Tenant Fees Act now in force
The Tenant Fees Act came into force on 1 June 2019. The Act bans landlords and agents charging tenants fees for entering, renewing, assigning or novating or terminating a tenancy in England. There are also restrictions placed on tenancy deposits. The aim of the Act is to reduce the costs that tenants pay in respect […]
How to Rent Guide revised
On 31 May the government revised the How to Rent Guide to take into account all the changes introduced into the Private Rental Sector by the Tenant Fees Act. The How to Rent Guide must be given to tenants who enter into a new or renewed tenancy for a fixed term on or after 1 […]
Complaint upheld by Advertising Standards Authority
The Advertising Standards Authority (ASA) has upheld a complaint made against Leftmove Estate Agents Ltd (LEA). The following adverts were the cause of the 2 complaints upheld by the ASA. (a) The website www.leftmove.com, seen on 11 January 2019, stated on the home page “Official Market Leaders … In 2017 we sold more in PR4 […]
‘Extra Services’
In Curo Places Ltd v Pimlett the Upper Tribunal held that a landlord could not charge a tenant for ‘extra’ services when those same services were previously being provided at no cost to the tenant. Curo was the landlord and Mr P the tenant of a bungalow in a sheltered housing scheme. Mr P’s tenancy agreement […]
Tenant Fees Ban – Wales
The Renting Homes (Fees etc.) (Wales) Act 2019 will come into force in Wales on 1 September. The Act, like the Tenant Fees Act in England, will ban landlords and agents from charging private tenants fees for the grant, renewal or continuation of a tenancy agreement. The language of the Welsh Act is largely the […]
Rogue landlord fined £20,000
Willesden Magistrates Court recently ordered a landlord to pay fines of £20,000, costs of £4,678 and a victim surcharge of £170. A landlord in Wembley came to Brent Council Housing Enforcement Officers’ attention following a tip-off from council tax officers that the landlord was attempting to claim a single person’s discount for the property when […]
Tenancy (Deposits and Arbitration) Bill
The Tenancy (Deposits and Arbitration) Bill was introduced to Parliament by the Labour MP Lloyd Russell-Moyle on 13 March 2019. The text of the Tenancy (Deposits and Arbitration) Bill is not currently available and it will not be produced unless it reaches its second reading. It is a Private Members’ Bill introduced to Parliament under […]
Change in landlord and prescribed information
A tenant successfully appealed a possession order granted to a landlord despite failing to provide the tenant with the deposit prescribed information. In the case of Sebastiampillai v Parr, Mr and Mrs S purchased a property with a tenant in situ in July 2014. The deposit paid to the previous landlord and owner of the […]
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