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Painsmith Blog

Corporate Manslaughter and Homicide Act 2007- Audit Your Procedures

The Corporate Manslaughter and Homicide Act 2007 came into force on 1 April 2008. This Act introduced a new offence of Corporate Manslaughter (Corporate Homicide in Scotland) which applies to organisations that cause the death of an individual by way of a gross breach of their Duty of Care. The Duty of Care is the …

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Consent to Assign or Alter

It is common for commercial tenants to seek consent to assign their lease or to make alterations to the premises. Most landlords are happy to consent to this as long as certain conditions are observed and a proper licence to assign or alter is drawn up. Any communication between the parties that implies that the …

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Cancellation of Consumer Contracts

Under the Cancellation of Contracts Made in a Consumer’s Home or Place of Work Etc Regulations 2008 new restrictions were imposed on certain types of contract from 1 October 2008. The regulations do not apply to tenancy agreements but they do apply to agent’s terms of business with landlords. The regulations only apply where the …

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Agents Fees

In the recent case of Foxtons v Pelkey-Bicknell the Court if Appeal considered the fee provisions in Foxtons terms of business. These were based on the Estate Agents (Provision of Information) Regulations 1991 but are similar to those used across much of the estate and lettings field. There was extensive discussion regarding the nature of …

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Interest Rate Cuts and Tenancy Deposits

Today the Bank of England cut its base rate to 2%.  While this will hopefully help the economy there is an unintended consequence that will affect many tenants.  Tenancy Deposit Protection was introduced by the Housing Act 2004.  One of the three approved tenancy deposit protection schemes was the government-backed Deposit Protection Scheme (DPS).  The …

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Chancellor’s Pre-Budget Report

Today saw the Government make their Pre-Budget Report (PBR). A number of measures were introduced with the aim of stimulating the UK economy which is now predicted by the treasury to show growth of less than 1% this year and negative growth of 0.75 to 1.25% next year. The following measures may have a particular …

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Housing and Regeneration Act

The Housing and Regeneration Act has introduced important changes in the Housing Act 1988 and particularly in the way that tenancies are ended by the Court. This has been done to end the problems caused by so-called tolerated trespassers. This bizarre status came about due to the decision in Harlow DC v Hall where the …

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New Tenancies Under Section 34

InTruro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 the Court of Appeal considered the effect of section 34(1)(b) of the Housing Act 1988. In this case Mr Foley had compromised a prior dispute with the Diocesan Board by a consent order under which he surrendered his tenancy under the Rent Act …

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New Fire Safety Guidance

LACORS has created new guidance on appropriate standards of fire safety in residential rented accommodation. Previously there was a requirement for properties to be fire safe under the HHSRS or when applying for an HMO licence but there was little information on what fire safe meant which led to a wide disparity of standards between …

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