When tenant’s sign their tenancy agreement they are also asked to pay the first month’s rent and deposit at the same time. Some tenants will elect to make this payment by credit card despite any handling charges. We are then usually contacted when the credit card company has clawed back the money leaving the agent …
This is the third blog in the series relating to the completion of notices and gaining possession on the expiry of them. The first blog post was on completing a Section 8 notice and the second on completing a Section 21. This post will look at issuing court proceedings where the tenant has failed to …
The government’s white paper on housing, called “Fixing our broken housing market,” was presented to the House of Commons and Lords on Tuesday. The white paper accepts that there is a shortage of homes on the market and further acknowledges, in a radical departure for the Conservative party, that home ownership is not the aim …
The government is expected to release a White Paper tomorrow which will an increase in longer tenancies and a ‘Build to Rent’ scheme. Once the paper has been released we will update this blog but in the meantime, here is a summary. At present, there are no details on how the government expect these longer …
The Homelessness Reduction Bill has passed its third reading in the House of Commons after winning support from MPs on both sides of the house. The Bill has now started its passage through the House of Lords. Our previous blogs on the Bill can be read here. If the Bill is passed through the Lords …
This post will focus on the use of section 21 form 6A for assured shorthold tenancies (AST) that started or were renewed for a new fixed term prior to 1 October 2015. For ASTs which commenced or were renewed post 1 October 2015, please see here. Following the introduction of the Deregulation Act 2015 there …
This is the second blog in the series relating to the completion of notices and gaining possession on the expiry of them. The first post was on completing a section 8 notice. This post will look at completing the new form 6A Section 21 notice introduced by the Deregulation Act 2015. The notice can be …
In Leeds County Council and Broadley the Court of Appeal held that a tenant who had abandoned a property without proper notice was “the owner” of the dwelling within s.6 of the Local Government Finance Act 1992 (“the 1992 Act”) and therefore liable for Council Tax. The tenancy was a periodic tenancy and the council …
Council Tax liability when the Tenant has gone AWOL Read More »
Over the Christmas period we received a few calls about how to complete a Section 8 and 21 notice and how to gain possession once the notice has expired. Consequently, we will write 3 blog posts on: how to complete a section 8; how to complete a section 21; and how to gain possession on …
With the raft of new responsibilities for Landlords set out in legislation such as the Immigration Act 2016 and the impending legislation under the Housing and Planning Act 2016, there has never been more for a Landlord to do in letting their property. There are many Landlords that have other jobs that take up the …
We start this blog with a Happy New Year to all our readers! 2017 is a busy year for the Residential Landlord and Tenant sector so we have taken the liberty of summarising some of the key events we expect to see this year. In April and June 2016, we wrote a few blogs on …
At this time of year, we often receive calls from landlords or their agents about problems they are facing in gaining access to rental properties. The Basics Legally, when a landlord lets a property he gives the tenant exclusive possession of that property subject to any rights of entry provided for in the tenancy agreement …
In Helix 3D Ltd v Dunedin Industrial Property, the High Court decided that something had gone wrong with the drafting of an option agreement, interpreting it in the tenant’s favour on the basis that it was otherwise unlikely that the tenant would be able to exercise the option and that such an outcome could not …
Our office will close at 4pm on December 22nd for the holiday season but, telephone and helpline enquiries will be answered until 5.30pm. Email helpline enquiries will also be answered on December 23rd. The office will then open with a skeleton staff on December 28th from 9am until 5.30pm; but will be closed on January …
The court was asked to rule on the proper interpretation of a rent review clause in a lease and found for the landlord in Elmfield Road Ltd v Trillium (Prime) Property. The term of the lease was 25 years from 25 March 1985 with rent reviews every five years. The annual rent payable started at …
Where the police forcibly removed a Licensee from a property, the Court of Appeal held in Gibson v Douglas 2016, that the Licensor and her son were not guilty of unlawful eviction although they refused to say whether or not the eviction was in fact unlawful. Mr Gibson had been Mrs Douglas’ lodger for some …
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Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.
