Scotland

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Fraudulent documents

A landlord has been given a prison sentence for submitting forged documents to Barking and Dagenham Council who were investigating an HMO breach.  An Essex landlord was reported to Barking and Dagenham Council for converting a 3 bedroom house into a HMO. During their investigation the council enforcement officers discovered that the property had been […]

Overcrowding

Brent Council recently raided a property in Wembley and discovered 19 tenants in occupation.  Overcrowded properties have always been an issue in the private rental sector. However, the problem appears to be on the increase resulting in a number of prosecutions of unscrupulous landlords. Enforcement officers of Brent Council raided a property in Wembley and […]

Banks’ discrimination

Buy-to Let Mortgage providers have been accused of discriminating against tenants who claim benefits. It is understood that landlords who apply for buy-to-let mortgages and in some cases landlord’s insurance are being refused products when they reveal that potential tenants are claiming benefits. The Residential Landlords Association (RLA) has carried out research which found 66% […]

Right to Rent – again

The House of Commons Library has produced a briefing paper with an overview of the Right to Rent scheme. The briefing paper is some 35 pages but, below is a summary of some important points: The paper acknowledges that the RtR has proved controversial with concerns raised in a number of areas: The additional burden […]

Invalid Section 8 notice

This is the second post on the case of Kassam v Gill. In the first post we concentrated on whether the possession order should be struck out as an abuse of process. In this post we will concentrate on the second ground of appeal which is whether the notice seeking possession under Ground 8 is […]

Eviction ‘Specialists’

A circuit judge in the County Court in Kassam v Gillhas held that ‘Remove a Tenant’ conducted litigation in breach of the Legal Services Act 2007. Appeal Grounds This was the tenant’s appeal against a possession order on Ground 8. The order also gave a money judgement for rent arrears of £13,386.49 and costs of […]

Clear drafting

In J N Hipwell v Szurekthe Court of Appeal held that a term should be implied into a lease that the landlord was responsible for the safety of the electrical installations, in order to give business efficacy to the lease. The tenant ran a café, meeting place and function room from the business premises. However, […]

Right to Rent challenge

Some months ago, we wrote an article on the JCWI’s letter to the Secretary of State challenging he decision to roll out the Right to Rent (RtR) scheme to Northen Ireland, Wales and Scotland. The JCWI has now been given permission to judicially review the Secretary of State’s decision. Our previous post can be read […]

Unlawful Eviction

The court of appeal has held in Smith v Khan that in unlawful eviction cases damages must compensate the tenant for not only depriving them of the property but also for anxiety, inconvenience and mental stress. Facts The claimant was a Nigerian national who had leave to remain in the UK but was not entitled to […]

GDPR – continued

In our previous post we mentioned that organisations needed to be fully aware of the lawful processing basis that they are relying on for each data processing activity. This post will address the main bases applicable to agents. There are 6 lawful bases for processing and no single basis is more important or better than […]

General Data Protection Regulation (GDPR) – 25 May 2018

The EU’s General Data Protection Regulation (GDPR) is coming into force on 25 May 2018. This means it will be in force in the UK despite Brexit and will apply to agents and landlords who handle client’s and tenant’s data. GDPR will effectively replace the Data Protection Act 1998 and it is vital that agents […]

Scottish review of landlord registration

With the possibility of England introducing a landlord registration scheme we thought it wise to keep an eye on the scheme in Scotland. Any new scheme may be influenced by the Scottish scheme introduced in 2004 with a view to improve standards in the private rental sector. Scotland has therefore launched a review of the […]

Private Landlords (Registration) Bill

This Bill was introduced to Parliament on 17 January 2018. The Bill seeks to require all private landlords in England (Scotland already has a registration requirement) to be registered. The second reading was due to take place on 27 April 2018. The Bill was introduced by Phil Wilson (Sedgefield) (Labour) MP who suggests that the […]

Update on Scotland

When Westminster considers new measure for the English private rental market they take note of the new measures and changes in Scotland. So here is a post on the Private Housing (Tenancies) (Scotland) Act 2016 which came into force in December last year and has made huge changes to the rental market in Scotland. Length […]

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