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Painsmith Blog

Joint and Several

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 …

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Another Coronavirus Update

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 …

Another Coronavirus Update Read More »

Formalising a rent variation

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 …

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Reminder – MEES

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 …

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Gas safety during the pandemic

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. …

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Guidance for moving home

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 …

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Who pays the bills?

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 …

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Right to Rent Update

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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Clarity on possession matters

One of the remaining unanswered questions regarding the 3 month moratorium was in relation to actions that had already started but had not been concluded. We now have the answer. The Master of the Rolls has confirmed that all possession matters that are currently ongoing are suspended for a minimum of 3 months regardless of …

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Coronavirus Bill

The Bill has been laid before Parliament to enact a whole host of amendments to legislation proposed by the government in response to the world-wide pandemic. The bill is currently before the House of Lords and in that version schedule 29 makes some changes to Section 21 and 8 notices. The Housing Act 1988 has …

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A message

The current situation is not only difficult for those that have been personally affected by Coronavirus but also by those who are trying to work, run a business or look after their children at home. Whatever your situation we wish you all well and hope you are keeping safe. At the moment the government is …

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Eviction Moratorium

Yesterday evening the government announced a package of measures to protect tenants and landlords. Emergency legislation will be passed to prevent private sector landlords from issuing possession proceedings for at least a 3-month period. The government has also announced that the mortgage ‘holiday’ offered to homeowners will also apply to landlords with a buy to …

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Coronavirus and Rent ‘Holidays’

Home-owners facing financial difficulties due to the consequences of the spread of the coronavirus will be offered a three month mortgage ‘holiday’. The Chancellor’s announcement during the coronavirus briefing yesterday came as part of a large financial package to keep the economy running. This mortgage ‘holiday’ is designed to help those who cannot work because …

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Bournemouth extending licensing

Bournemouth council has launched a consultation on introducing selective and additional licensing in Bournemouth, Christchurch and Poole. The council proposes introducing Selective licensing schemes across areas including: Bournemouth Town Centre Poole Town Southbourne The consultation closes on 6 April 2020 after which the council are required by the Department for Communities and Local Government to …

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Medstead, Hampshire
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Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.

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