Tag Archives: contracts

Agents, bribes and secret profits

  FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) [2014] UKSC 45 It is a well-known principle that an agent must account to his principal, and that an agent who holds or receives money on behalf of his prinicipal is bound to pay over or account for that money. If […]

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

As many of you are aware the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 came into force on 13 June 2014 (the Regulations). Rental agreements are specifically excluded so the Regulations do not apply to tenancy agreements but all other contracts are potentially caught. Particularly, the Regulations do apply to lettings and sales […]

Section 21 news ( and comment)

Spencer v Taylor [ 2013] EWCA Civ 1600. The Court of Appeal has recently revisited the requirements of section 21 of the Housing Act 1988 and its application to statutory periodic tenancies, which in due course is likely to significantly alter and simplify the way notice is served on statutory periodic tenants of an Assured […]

Yes you are your brother’s keeper. Immigration Bill 2013

Last week the Immigration Bill was given its first reading in Parliament. As was mooted in the Queen’s Speech, it contains requirements on landlords and agents to check the immigration status of tenants, with penalties for failure to comply. If the Bill becomes law, people living in the UK without the “right to rent” are […]

Advertising guidance for letting agents and private landlords

…..is finally with us. Readers will recall the case involving a complaint against Your-move.co.uk Ltd ( Your Move) stating that an advert that had been placed on Rightmove did not contain details of compulsory charges such as administration fees. We blogged on this here. So six months down the line we have some guidance from […]

Rent Review: RPI, CPI and RPIJ

Commonly over the past few years longer term agreements or those with rent review clauses have tended to review the rent in line with the Retail Prices Index (RPI). RPI was previously a National Statistic prepared by the Office of National Statistics (ONS) and used by Government as a measure of price changes. However earlier […]

Private Rented Sector Consultation

Just a reminder to everyone in the Rental Industry that the Communities and Local Government Select Committee is currently conducting an enquiry into the private rented sector. Submissions have been invited from any interested party dealing with the private rented sector. Submissions should be emailed to clgev@parliament.uk by 17th January 2012. In particular submissions are […]

Electronic Signatures: Can we use them?

We have over the past few months seen a rise in the number of enquiries we receive about the use of “electronic signatures” for the signing of tenancy agreements. This area is complicated and not 100% clear. For the purposes of this article when we refer to a tenancy agreement we mean an assured shorthold […]

A survey of tenants experience……

A survey of tenants experience…… Resolution Foundation, an organisation that works to highlight the experiences of low-to-middle earners (LMEs) through its research has published a report on its survey of tenants experience in the private rented sector. Resolution Foundation conducted I mystery shopping exercise of 25 letting agents and also spoke to tenants about their […]

Common sense prevailing in contracts

The Supreme Court has confirmed in Rainy Sky SA and others v Kookmin Bank that they are prepared to ignore large parts of the original contract wording that can sometimes seem ambiguous and inconsistent in order to take a more commercial approach and apply common sense. This case demonstrates the continuous move away from a […]

Emails as Contracts

The Court of Appeal has ruled on the use of emails to form a binding contract.

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