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 »
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 …
In 1924 the High Court held that an option to renew had to give way to an break clause which contain an option to determine a tenancy. This case appears to reflect the current state of the law. Case In Stewart v Massett, a lease was granted for a term of 21 years from 25 …
Back to Basics – Option to renew and option to determine Read More »
Tenancy Deposit Schemes There are three deposit protection schemes in England and Wales. All three of them offer both a custodial and an insured scheme: • Deposit Protection Service (‘TDS’); • Tenancy Deposit Scheme (‘DPS’); and • MyDeposits. How long to protect Deposits must be protected within 30 days of receipt from the tenant on …
Under Section 21 of the Housing Act 1988 (as amended by the Housing Act 1996 and 2004) a landlord has a legal right to recover possession of the property at the end of an assured shorthold tenancy provided that he follows the correct procedure. The Deregulation Act 2015 has made some significant changes to the …
Section 21, a review after the Deregulation Act 2015 Read More »
Our next Seminar will take place on Tuesday 4th October 2016 at The Holiday Inn, Egerton Road, Guildford, Surrey, GU2 7XZ. 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 …
Renters’ Rights Bill This new Bill has been introduced by Baroness Grender and it is at the committee stage in the House of Lords. The aim of the Bill is to make provision about the rights of tenants. As a Lords Bill introduced privately it is unlikely that this Bill will proceed much further but …
Where the property is rented by a sole tenant what should landlords do with the deposit when the tenant dies unexpectedly? Under English Law, an assured shorthold tenancy does not end automatically on the death of a tenant. Consequently, landlords cannot make deductions or return deposits until the tenancy is brought to an end. If …
The Homelessness Reduction Bill is a Private Member’s Bill introduced by Bob Blackman, backbench Conservative MP for Harrow East. The Bill, which is based upon recommendations contained in a report commissioned by numerous housing groups including the charity Crisis, aims to amend the Housing Act 1996. The Bill will require local authorities to demonstrate that …
We often get asked about break clauses on our telephone helpline service. Break clauses are not uncommon in tenancy agreements and give a contractual right for either the landlord or tenant (or both of them) the option to end their fixed term tenancy early, usually subject to certain conditions. It is often the case that …
Back to Basics – Break Clauses in tenancy agreements… Read More »
In 2015, the Lord Chief Justice and the Master of the Rolls, asked Lord Briggs to carry out a review of the courts and the civil system. The report has made a number of recommendations, which may or may not be implemented – only time will tell. The Online Court Establishing an Online Court, for …
PainSmith Solicitors The Landlord and Tenant Specialists Seminars Our next Seminar will take place on Wednesday 14 September 2016 at The Holiday Inn, Brentwood M25, jct 28, Brook Street, Essex CM14 5NF. The event will start with registration and lunch from 1pm and run from 2pm to 5pm. Topics to be covered include the following: …
Court fees have been increased once again. A full list of the increased fees can be found here. Fees for possession claims have not changed. However, the fees for enforcement orders have been increased. A warrant of possession to instruct the County Court Bailiff has increased from £110 to £121. Where landlords wish to enforce …
The Law Society has released a new practice note on electronic signatures with the aim of increasing confidence in the use of electronic signatures for commercial contracts. It should be noted that the note is only applicable in England. Released on 25 July 2016 and approved by a senior barrister the note clearly sets out …
The financial consequence of rent being paid in advance and then a break clause being triggered was recently considered by the Supreme Court in the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company. The lease required the rent to be paid on the usual quarter days in advance. Accordingly, the …
In Edwards v Kumarasamy, the Supreme Court held that the landlord of a leasehold flat was not liable for the injury of his tenant sustained outside the block of flats he was renting. The Court of Appeal decision which caused so much concern to landlords of flats has been overturned. A summary of the case …
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