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Housing Act 2004

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 …

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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 …

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Another Deposit case

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013) So what’s the big deal? The facts: On 12 January 2007, Mr Rodrigues entered into a fixed term tenancy agreement for a year less one day. The deposit was not protected as the compulsory tenancy deposit legislation (which required landlords to protect the deposit …

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Not another Deposit case!

Taking six months’ rent up front is not a deposit, the Court of Appeal has ruled in Johnson & Ors v Old [2013] EWCA Civ 415. The facts will strike chords with many agents and landlords: the rent was expressed to be £950.00 per month, payable in advance (standard AST practice), with the first six …

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Deposit News

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 …

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Deposits: so what is next?

We continue to receive many enquiries relating to deposits and the effect of changes brought in by the Localism Act. It seems clear that the Courts are aware of the requirements generally and certainly the experience we have is that Judges are alive to the issues and are considering them. The up to date Accelerated …

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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 …

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

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

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