Tenant’s that seek to assign, underlet or share possession of a rented property will often need to obtain the landlord’s consent for such a change. However, consent cannot usually be made subject to certain conditions where those conditions will enhance the landlord’s rights under the lease even where there is a contractual provision in the …
On 26th February the BBC ran an article headlined “Landlords who say ‘no DSS’ breaking equality laws.” The article seems to be a little misleading because there has been no court determination and the case was in fact settled out of court. Background A tenant occupying a property for some 11 years without an adverse …
The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 will come into force on 6th April 2018. The Regulations only apply in England and set out what information should be included in the database. Specifically, the information will include: Name and address whether individual or company; Local housing authority …
In November last year the government commenced a consultation ‘seeking views on the implementation of mandatory membership of a client money protection scheme for property agents.’ On 26th February 2018 the government brought into force the Housing and Planning Act 2016 (Commencement No 7 and Transitional Provisions) Regulations 2018. The commencement of these Regulations brings …
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The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 is now published and will come into force on 1st October 2018. The Order applies to any HMO property in England. Our previous and more detailed post can be read here. Application The Order changes the definition of a HMO property under the …
The government has announced a new consultation to consider a simpler and better complaints system for tenants to ensure disputes are resolved quickly and compensation paid when due. The 8-week consultation commenced this week and the options to be considered are: introducing a single housing ombudsman to cover the whole of the housing market single …
In November last year we posted on the working group established to provide recommendations to ministers on electrical safety. That post can be read here. This month the government began a consultation inviting views and comments to gather further additional evidence on the recommendations made by the working group. The Housing and Planning Act 2016 …
Last summer we wrote an article on the Joint Council for the Welfare of Immigrants (JCWI) letter to the Home Secretary challenging the decision to roll out the Right to Rent (RtR) scheme to Northern Ireland, Wales and Scotland. The JCWI is now proceeding with the threat to judicially review the Home Secretary’s decision. Our …
New legislation on gas safety is expected to come into force on 6 April 2018. Our previous post on these changes can be read here. A Health and Safety Executive approved code of practice and guidance on the legislation can also be read here. Current Position Regulation 36 [ http://www.legislation.gov.uk/uksi/1998/2451/regulation/36/made ] of the GSIUR sets out …
Earlier this month the Housing Minister stated in response to a written question that the scope of mandatory HMO licensing will be extended, likely by October this year. Parliamentary approval of new regulations to implement this change will need to be sought but we do not expect any obstacles in the way of this approval. …
The second reading of the ‘Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill’ took place on 19th January. The Bill was introduced by Karen Buck MP and on 14 January the government announced that it would support it. The Bill will now be discussed by a select committee where amendments may well …
Last month the interim report of Dame Hackitt’s review of Fire Safety and Building Regulations following the devastating fire at Grenfell Tower was published. The final report is expected in April this year. The report is particularly focused on high rise and complex residential buildings and specifically discusses the Regulatory Reform (Fire Safety) Order 2005 …
In Assured Property Service Ltd v Ooo a District Judge has held that a Section 21 notice is invalid because the landlord failed to provide the tenant with a gas safe certificate at the outset of the tenancy. Mrs Ooo was served with a Section 21 notice by her landlord’s agent Assured Property Service Ltd. …
This month the draft Housing and Planning Act 2016 (Banning Order Offences) Regulations 2017 were approved by both houses of Parliament. Our previous post on banning orders can be read here. The Regulations were put forward by Lord Bourne in the House of Lords. In summary, with the introduction of banning orders the government is …
The How to Rent Guide was again updated on 17 January 2018. The Guide was introduced by the Deregulation Act 2015 and must be given to tenants on the commencement or renewal of the tenancy or when it becomes statutory periodic. It is important to ensure that the tenant is given the Guide at these …
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