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 …
Some of you may have seen that as at 6th April 2015 new forms have been prescribed for certain notices and applications with the most relevant to our readership being those in respect of Section 8 and Section 13 of the housing Act 1988 (as amended). We will be updating the Notices for sale on …
The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 Read More »
The Anti-Social Behaviour Crime and Policing Act 2014 (the Act) was given royal assent in March 2014. It amends the Housing Act 1988 to include a new mandatory grounds for possession based on anti-social behaviour. Sections 97 to 100 ( in Part 5) of the Act deal with the new grounds for possession relating to …
I predict a riot – Anti-social behaviour Crime and Policing Act 2014 Read More »
Spencer v Taylor [ 2013] EWCA Civ 1600 The Court of Appeal ruled that when serving notice on a tenant in a statutory periodic tenancy, provided there was once an initial fixed term, Landlords may serve valid notice by giving not less than two months’ written notice i.e according to the provisions of section 21 …
Spencer v Taylor and Superstrike v Rodrigues revisited. Read More »
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 …
We have heard on the grapevine that some agents are currently being advised that following the Land Tribunal ( Upper Chamber) decisions of Triplerose Ltd v Grantglen and Beitov Properties Ltd v Elliston Martin , they should not use an agent’s office and address as an address for service for the purposes of Sections 47 …
1 April 2013 has seen more changes to deposit protection. There are now four authorised schemes: TDS, DPS and mydeposits have been joined by Capita tenacy deposit protection scheme . This is an insurance based, rather than custodial scheme, meaning that the deposit is held by the agent or landlord. It’s all change in the …
The agent, landlord or lawyer must comply with the requirements of the deposit protection rules. To serve a valid section 21 notice the deposit must be protected and prescribed information served pursuant to section 213 of the Housing Act 2004 as amended by the Localism Act 2011 within thirty days of the tenancy starting or …
As regular readers of this blog will be aware the 6th April 2012 saw the amendments made to the Housing Act 2004 by the Localism Act 2011 come into force. Prior to these changes various court decisions (in particular Tiensa v. Vision Enterprises Ltd [2010] EWCA Civ 1224 and Gladehurst Properties Ltd v. Hashemi [2011] …
We draw your attention to this recent decision of the Upper Tribunal which has caused a stir amongst leasehold lawyers in relation to service charges. Section 47 of the Landlord and Tenant Act 1987 (LTA1987) provides that where any written demand is given to a tenant of residential leasehold property, then that demand must contain: …
The simple answer to this question is that for most circumstances you do not strictly need a written agreement however if you don’t this can have unintended consequences! As regular followers of the blog will know the starting point for determining the terms and what you should do in a particular instance is the tenancy …
Delays in possession hearings are not common in our experience but they can happen. In the case of Benesco Charity Ltd v Kanj and Unknown Persons the occupiers of a property were granted permission to appeal a possession order thus delaying the execution of the bailiff warrant for possession. Benesco granted Speedway Tyres a 10 …
It has come to our attention that some companies claiming to be experts in the field of Landlord and Tenant law are advising agents not to serve section 8 notices until tenants are into their third month of arrears because some judges insist that to serve a notice during the second month is “no longer …
Many of our readers have heard about the Energy Bill in some form or other. The Bill was given the force of law on the 18 October 2011. The basic issue for our readers is that: • The Act includes provisions to ensure that from April 2016, private residential landlords will be unable to refuse …
Many of our readers will know why there is a need to obtain a Court Order to evict residential tenants however for those that do not we hope the below helps. If someone is occupying a residential property whether lawfully or not then an Order of the Court is required (a Possession Order) which generally …
“Why Do I Need Court Proceedings? And What Do These Involve? Read More »
A section 21 notice is not a notice to quit. Many people that call the helpline refer to a section 21 as a notice to quit even today and it’s not, so stop it! A section 21 notice is used by the landlord when he wishes to gain back possession of the property at the …
PainSmith Solicitors,
1 Mansfield Business Park,
Station Approach,
Lymington Bottom Road,
Medstead, Hampshire
GU34 5PZ
Authorised and Regulated by the Solicitors Regulation Authority (SRA Number 562686)
Painsmith Solicitors Limited trading as Painsmith Solicitors, Director: Marveen Smith. Registered No. 07617210.
