01420 565310

0
0
Subtotal: £0.00

No products in the basket.

disrepair

Deregulation Act 2015

The long awaited Deregulation Act received Royal Assent on Thursday 26 March 2015 and provides an immediate amendment of the law in relation to tenancy deposits. These changes are very welcome for landlords following the flurry of cases following Superstrike v Rodrigues. The Superstrike amendments: If the deposit was received before 06 April 2007 and …

Deregulation Act 2015 Read More »

Time to get your house in order

Landlords are facing the prospect of wider and more severe sanctions for failing to keep rental properties in a safe and habitable condition. From yesterday landlords who fail to comply with an Improvement Notice or Prohibition Order to ensure properties are safe and habitable face unlimited maximum fines in the magistrate’s courts. Previously there was …

Time to get your house in order Read More »

Landlords’ safety obligations

Thanks to our friends at Nearly Legal we have been alerted to the recent case of Gillian Drysdale v Joanne Hedges (2012) QBD 27/07/2012. A tenant slipped off some steep steps while moving her belongings in at the beginning of the tenancy and injured her back. The steps were painted with gloss paint which became …

Landlords’ safety obligations Read More »

Disrepair…..

We often get asked by Landlords whether the council can inspect their houses and force them to carry out works. Therefore the answer is below: The Building Act 1984 ss77 and ss78 allows local councils to take action where they believe a property is dangerous. Under s77 they can apply to the Magistrates Court for …

Disrepair….. Read More »

Not an AST?

In Kahlon v Isherwood the court held that a tenant that had a Assured Tenancy but agreed to the grant of an Assured Shorthold Tenancy as part of a settlement of court proceedings was, in fact, still an Assured Tenant. Isherwood became a tenant in 1994. Since 2000 there had been 3 claims for possession …

Not an AST? Read More »

Drafting….

The pitfalls of bad drafting – be warned! In Perriam Limited v Wayne and Daly, the High Court had to decide whether Wayne and Daly were still liable pursuant to a Deed of Variation (“Deed”) they entered into. Wayne and Daly were the guarantors under a commercial lease with Perriam. Perriam pursuant to the Deed …

Drafting…. Read More »

Carbon Monoxide

In December 2010 the Health and Safety Executive released a Safety Notice to raise awareness of the potential dangers from certain types of flues connected to gas-fired central heating installations in some properties. Unfortunately the Notice was released following the death of a person in a property earlier that year but there is now an …

Carbon Monoxide Read More »

Unlawful Eviction

We very rarely get asked questions about the possible consequences of an unlawful eviction where there has been violence. This is possibly a good thing or possibly a situation that agents stay clear of. However, some recent cases have prompted this article only to provide some guidance to those that face such a situation. In …

Unlawful Eviction Read More »

Damp- The Legal Position

At this time of year we are often asked about damp and mould growth in properties and who is liable for it. This can be a difficult question to answer and it often depends on precisely what is causing the damp. Under Section 11(1)(a) Landlord and Tenant Act 1985 (LTA), Landlords have an obligation to …

Damp- The Legal Position Read More »

Quick Links

Registered address

PainSmith Solicitors,
1 Mansfield Business Park,
Station Approach,
Lymington Bottom Road,
Medstead, Hampshire
GU34 5PZ

Nice to know

Authorised and Regulated by the Solicitors Regulation Authority (SRA Number 562686)

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

Scroll to Top