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 …
Colvin Houston Ltd, a lettings agent in Scotland, was fined £750 (reduced to £500 for an early plea) after becoming the first to be prosecuted in connection with the Tenancy Deposit Schemes (Scotland) Regulations 2011 that required all landlords (including England and Wales) to register deposits. The legislation was set up to ensure deposits were …
In McDonald v McDonald, the Supreme Court held last week that a Court is not required to consider proportionality when evicting a tenant when a Landlord seeks possession under section 21 of the Housing Act 1988. A summary of the case and the Court of Appeal decision can be read here. The Supreme Court stated that …
Having voted to leave the EU a great many pieces of legislation will need to be reviewed which will undoubtedly have an impact on the property sector. The Bank of England has raised concerns about the economic uncertainly following this result. Certainly, the pound and UK stock market has seen a significant drop in …
In Sternbaum v Dhesi [2016], the Court of Appeal found that a landlord was not liable when one of its tenants fell down a staircase which lacked any form of handrail or bannister. The tenant sued the landlord in negligence and for breach of section 4 of the Defective Premises Act 1972. At the …
On 5 May 2016, the Supreme Court heard the appeal of a Landlord in Edwards v Kumarasamy (UKSC 2015/0095). The Court needs to consider whether a Landlord under an assured shorthold tenancy, was liable for his tenant’s injuries under the extended covenant implied into the tenancy by section 11(1A) of the Landlord and Tenant Act …
The Private Housing (Tenancies) (Scotland) Act was recently passed by the Scottish Parliament and will have a profound impact on the private lettings market in Scotland. Whether London MPs or Welsh AMs follow suit remains to be seen – but if so, you read it here first! The Act is expected to come into …
The Private Housing (Tenancies) (Scotland) Act 2016 Read More »
We have now blogged about the Bill/Act on two separate occasions. This should be the final post, unless something else changes! Banning Orders Part 2 of the Act is about rogue landlords and property agents. Under the Act, agents and rogue landlords can be banned from engaging in letting agency or property management work …
We wrote about the Housing and Planning Bill last month but it has subsequently received Royal assent and is now officially the Housing and Planning Act 2016. All kinds of secondary legislation will need to be passed before it is in force, which incidentally is expected to be April 2017. So no need to fret …
In quick succession two codes of practice in respect of service charges for residential leasehold property have been granted approval by the Secretary of State. Readers may recall that under the Commonhold and Leasehold Reform Act 2002 the Secretary of State had powers to approve certain codes of practice. He had previously approved codes produced …
New Code of Management for Residential Properties Read More »
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