As is so often the case recently, the blog contains more bad news for Landlords and Agents. The moratorium on possession claims which was originally due to end in June and then was due to definitely end on 23 August, is now going to extended once again. The new date is 20th September 2020 with …
Upon the expiration of the fixed-term of a Tenancy Agreement, the Tenancy will continue unless the relevant notice is given by either party. In the latest update to our ASTs, some of you will have noticed that you will have the option of allowing the Tenancy to become a Statutory Periodic Tenancy or continue as …
Our new ASTs are now available to purchase from the online shop or if you are members of the PainSmith helpline service, to download for free from our document vault. The new agreements give the option of continuing the tenancy by way of contractual periodic or statutory periodic tenancy after the expiry of the …
The case of Trecarrell House Ltd v Rouncefield offers this blog a rare opportunity to offer some good news to Landlords and Agents. Some of you may recall our original blog on this particular case ( https://painsmith.co.uk/invalid-section-21-2/ ). We mentioned at the time that the case would be subject to an appeal. This proved to …
The news that many landlords had been worried about has been confirmed. The eviction moratorium that we originally blogged about in March (https://painsmith.co.uk/eviction-moratorium/ ) has been extended. Practice Direction 51Z which sets out the extent of the effects of coronavirus on possession claims originally imposed a stay of 3 months to all new and …
As we have blogged about previously ( https://painsmith.co.uk/electrical-safety-2/ ) the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 is in force from June 2020 and applies for all new qualifying tenancies from July 2020. We are well aware of the effect of the current pandemic to the lettings industry as a …
We have produced many blogs on the Tenant Fees Act 2019 and the various restrictions it introduced for new tenancies from 01 June 2019. From 01 June 2020, the Act will apply to all applicable tenancies and licences to occupy housing in the private rented sector. Our previous blogs deal with the requirements in respect …
Where a landlord has a number of individuals on a single tenancy agreement any variation of the tenancy will impact all the tenants collectively. This is the essence of joint and several liability. Where a property is let by a number of tenants on a single tenancy agreement any request to vary a tenancy term …
Another update has been released addressing how possession actions can be handled during the current moratorium on possession claims with an amendment to Practice Direction 51Z: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part51/practice-direction-51z-stay-of-possession-proceedings,-coronavirus There are two key elements of these amendments: • The first of these relates to case directions agreed between the parties involved in ongoing litigation. The court will …
We have been asked on the PainSmith helpline about temporary rent variations during the current pandemic. Whilst formalities are not totally necessary for such an agreement they are certainly in the best interest of both landlord and tenant. Rent Reduction Some tenants are unable or struggling to pay rent due to the current pandemic. People …
The Ministry of Housing, Communities & Local Government has issued guidance on obtaining EPCs during the current coronavirus outbreak. On 1 April 2020 Minimum Energy Efficiency Standards (MEES) came fully into force. This means that MEES now applies to all existing, new and renewed tenancies despite the current pandemic. Our previous posts on MEES can …
Despite the pandemic, landlords are still obliged to ensure that they comply with their gas safety responsibilities. A Landlord’s gas safety responsibilities are: Repair and maintain gas pipework, flues and appliances in a safe condition; Ensure an annual gas safety check is carried out in the rental property; and Keep a record of that check. …
The government has issued guidance for people who are buying, selling or renting their homes. The guidance appears to be oriented towards house purchases and sales but it clearly applies to rentals too. The advice is that where possible, buyers and renters should delay moving to a new house while measures are in place to …
The government has issued guidance for landlords and tenants and their health and safety obligations during the coronavirus pandemic. The guidance has three sections, the first and second of which we have addressed in previous posts. The third section addresses the health and safety obligations of both landlords and tenants. The guidance has been drafted …
We have had an interesting enquiry in the office today so thought a post on the subject would be helpful. Unpaid bills are no doubt an issue that will crop up a lot at the moment given the difficulties everyone faces with the coronavirus pandemic. Specifically, previous tenants who no longer live in the UK …
As the practicalities on the lettings industry of the current pandemic are being worked out, we have our latest update. This time on Right to Rent checks. This has been concerning for many agents and landlords given the social distancing requirements but also the significant penalties for non-compliance. As such, as a temporary measure, you …
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