The Homelessness Reduction Bill has passed its second reading in the House of Commons after winning support from MPs across the benches. This means that it is now one step closer to becoming law. Our previous blog on the Bill can be read here. The bill, introduced by Conservative backbencher Bob Blackman, will toughen up …
On the PainSmith helpline we are often asked about rented properties that have been destroyed by a fire. The question usually posed is what is the tenant’s legal rights if the rented property is destroyed? The answer in most cases is that if the rented property has been destroyed, the tenancy is at an end. …
Foxtons has been fined a total £12,000 for breaches of Section 83 of the Consumer Rights Act 2015. Section 83 states that a letting agent “must…publicise details of the agent’s relevant fees.” Subsection 4 requires such details to include “a description of each fee that is sufficient to enable a person who is liable to …
Yes, this is the third blog on the TPO rule change with effect from 1 October 2016. Sorry. Last week we advised readers about the new rule relating to property viewings. Agents were advised that the new rule, 8F stated: “TPO require agents to obtain “expressed consent” for access to the property notwithstanding any notice …
One route to obtaining possession of a property is by serving the tenant with a Section 8 notice pursuant to the Housing Act 1988. A section 8 notice has to be served in the prescribed form (Form 3) and can be issued to tenants that are either on an Assured Shorthold or fully Assured tenancy. …
We still have a few places left for the forthcoming Seminar in Oxford featuring an update on the Immigration Act from Gareth Fowler of Key Safe Tenant Vetting and an update on other legal matters including Deregulation Act and the Housing and Planning Act 2016. For more details click Here or email alexandrar@painsmith.co.uk
Further to our post of last week, we would like to thank the Philip James Partnership Ltd, for contacting the Ombudsman and seeking clarification on paragraph 8F of the 2016 TPO Code of Practice and then sharing the response with us. Paragraph 8F states: “TPO require agents to obtain “expressed consent” for access to the …
The Property Ombudsman amended its code of conduct effective from 1 October 2016. There are a number of small changes which will not affect most agents but there are two which are far more serious, one of them very. For agents that are members of the Property Ombudsman scheme this rule change may pose a …
Repairing obligations are often not taken very seriously by Landlords. This is a huge mistake which can result in courts awarding tenants damages for the disrepair, which in more serious cases can virtually eliminate a tenant’s rent arrears and make recovery of possession under section 8 all but impossible. The repairing obligation applies where the …
Back to Basics – Landlord’s repairing obligations Read More »
In Stodday Land Limited and Ripway Properties Limited v William Marsland, the High Court held that a Notice to Quit was invalid because it was served before the purchaser became the registered owner of the property. Stodday sold most of its land to a new owner on 19 June 2013. The registration of the new …
In Timothy Taylor Ltd v Mayfair House Corporation 2016, the High Court awarded a Tenant damages after deciding that the Tenant’s right to quiet enjoyment of the property had been breached by the Landlord. The Tenant ran a top-end art gallery in Mayfair, London. The commercial lease contained an express covenant by the Landlord permitting …
Our next Seminar will take place on Thursday 10th November 2016 at Holiday Inn Peartree Roundabout, Woodstock Rd, Oxford OX2 8JD. The event will start with registration and lunch from 1pm and run from 2pm to 5:00pm. Topics to be covered include the following: • Right to Rent and Immigration Act 2016; • Deregulation Act …
At the Conservative Party conference, the Home Secretary, Amber Rudd, announced that the provisions of the Immigration Act 2016 would be brought into force this December 2016. We have previously written about the Immigration Act 2016 and the new changes it brings. In summary this Act supplements the Right to Rent provisions in the Immigration …
Many of you will have come across tenants sub-letting via AirBnB or similar. For many owners of long leasehold flats this has caused huge problems with managing agents alleging that such lettings are in breach of the lease. Freeholders and their managing agents have then pursued the Flat owner for breach of lease and claimed …
The Bank of England watchdog, the Prudential Regulation Authority are introducing new lending rules from January 2017 which may make it much more difficult to obtain a loan for buy to let properties. When applying for loans, Landlords must prove that the rent and their other income will be sufficient to meet the mortgage payments. …
If parties have contractually agreed on the mechanism to be adopted for increasing the rent, they cannot also make use of the statutory provisions in Section 13 of the Housing Act 1988 for increasing the rent. In Chouhan and Thomas v The Earl’s High School, the Upper Tribunal agreed with the First Tier Tribunal that …
Section 13 Rent Increases and Contractual Provisions Read More »
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