Oyston v Leeds City Council – Valuation Tribunal for England – 4720M67692/244C  27 July 2011 This is a very interesting case that we represented the landlord at the Valuation Tribunal hearing and the paperwork leading to it (pro bono if I may add!) The main question being – if a tenant vacates a furnished property without giving proper notice, who is liable for council tax? Is it the landlord or the tenant until the tenant gives...

What’s changing? From 1st October 2010, the rent threshold for when a tenancy is an assured or assured shorthold will be increased from £25,000 to £100,000. The legislation making this change is here. From 1 December 2011, the same increase takes effect in Wales Retrospective? It was previously being reported that the change would be retrospective, however this is not the case but all tenancies that are not assured or assured shorthold...

Garden Court Chambers has reported a recent Court of Appeal decision that further confirms the use of “saving formulas” in section 21 notices, Elias v Spencer [2010] EWCA Civ 246 What is a saving formula? When a notice is served during an assured shorthold periodic tenancy (including a statutory periodic tenancy), the landlord must expire the notice with a date that is ‘the last day of the period of the tenancy’ [s.21(4)(a)...

Once again, thanks to the Painsmith Solicitor Blog for this article, original article here A recent Court of Appeal decision sheds light on issues relating to Notices to Quit by tenants. In Bradford Community Housing Ltd v Hussain & Kauser the Court of Appeal ruled on the validity of a Notice to Quit which contains a saving provision and on whether the acceptance of rent or holding back on enforcement can invalidate a Notice to...

If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent that was due before the notice date expired. [s.18 Distress for Rent Act 1737]. This article explains the procedure for claiming double rent and for seeking possession when a tenant has given notice but failed to vacate. See also our...