New or Changing Landlord and Tenant Legislation

Large Increase In Possession Court Fees From April 2014

Posted by on April 2, 2014 in New Legislation, News, Possession | 0 comments

Court fees for possession claims will see one of the largest percentage increases in years from 22 April 2014. Currently, an accelerated possession claim used after service of a section 21 notice costs £175. The same fee also applies for the standard paper application for possession which is mainly used after service of a section 8 notice. From 22 April 2014, the fee for these possession claims will increase to £280.00. The possession claim online (PCOL) service which can only be used after service of a section 8 notice on rent arrears...

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Change to Rent Book Prescribed Information in Wales

Posted by on March 17, 2014 in New Legislation, News, Rent | 0 comments

Where a person occupies premises and the rent is payable weekly, a landlord must provide a rent book [section 4 Landlord and Tenant Act 1985]. Such a rent book must contain the name and address of the landlord and where the tenancy is an assured or assured shorthold tenancy, it must also contain notice of such matters as may be prescribed and the notice must be in the prescribed form [section 5 Landlord and Tenant Act 1985]. From 31 March 2014, The Rent Book (Forms of Notice) (Amendment) (Wales) Regulations 2014 make a small change to this...

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Changes to Civil Procedure Rules April 2014

Posted by on March 10, 2014 in New Legislation, News, Possession, Tenancy Deposit | 0 comments

Introduction The Civil Procedure (Amendment) Rules 2014 is the 69th update to the Civil Procedure Rules and for landlords this update is mostly a consolidating exercise. Warrant of possession In particular (for our purposes) the rules consolidate the provisions for obtaining a warrant of possession after possession has been ordered by the court. The rules are essentially the same as before but from 6 April 2014, you can apply for a warrant of possession anytime 1 after the possession order with permission from the court only being required...

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Change to the Wales Version of Section 13 Rent Increase Notice

Posted by on March 5, 2014 in New Legislation, News, Rent | 0 comments

The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2014 make a small change to the prescribed section 13 rent increase notice for use where the property is situated in Wales. The changes take effect from 21 February 2014. Changes are made to the guidance notes and they make provision for the introduction of Universal Credit and provides differing advice for when the tenant is claiming housing benefit or Universal Credit. Please note these changes only affect the Wales version of the form. The England...

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More Robust Tests For In Work Migrants From EEA

Posted by on February 24, 2014 in Housing Benefit, New Legislation, News | 0 comments

Migrants from the European Economic Area (EEA) who claim to have been in work or self-employed in order to gain access to a wider range of benefits will face a more robust test from 1 March 2014. Being defined as a ‘worker’ under EU law allows people more generous access to in and out-of-work benefits such as Jobseeker’s Allowance (JSA), Housing Benefit, Child Benefit and Child Tax Credit. Currently European Union case law means the definition of a ‘worker’ is very broad, meaning some people may benefit from this even if, in reality, they do...

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Change of Calculation to Local Housing Allowance in Certain Areas

Posted by on February 24, 2014 in Housing Benefit, New Legislation, News | 0 comments

From April 2014 [2], a different method of setting the local housing allowance will apply in some broad rental market areas and category of dwellings. In these cases, the rate will be increased by 4 per cent, subject to a maximum local housing allowance of £258.06 for shared accommodation, £258.06 for one bedroom, £299.34 for two bedrooms, £350.95 for three bedrooms and £412.89 for four bedrooms.

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Responsibility on landlord when letting to non UK resident

Posted by on February 10, 2014 in Members Questions, New Legislation, Rent | 1 comment

I have been approached to rent a flat to a malaysian student who is being sponsored by the Malaysian government to study Optometry at our local university. I have a scanned copy of his university offer letter, a financial affidavit from the malaysian government detailing his financial support as well as a copy of his passport & UK study VISA. He is fluent in English and will be studying for three years. I have heard of publicity where landlords need to vet foreign students/immigrants – is there anything else that you would do prior...

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Universal Credit and Rented Housing Frequently Asked Questions

Posted by on February 3, 2014 in Housing Benefit, New Legislation, News | 0 comments

The Department for Work and Pensions (DWP) has produced a FAQ document specifically aimed at Universal Credit and rented housing. [1] Timescales of Universal Credit The document explains the roll out of Universal Credit … By spring 2014, Universal Credit will be rolled out to Jobcentres in Harrogate, Bath and Shotton. From summer 2014 the new service will progressively start to take new claims for couples and, in the autumn, from families. Once it is safely tested Universal Credit will also expand to cover more of the North West of...

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Annexes With Relatives to Get Discounted Council Tax

Posted by on January 28, 2014 in Council Tax, New Legislation, News | 0 comments

In respect of annexes, there is already a Council Tax exemption where it is occupied by a dependant aged 65 years or over, or if severely disabled. [1] However, it does not apply to families. From 1 April 2014, The Council Tax (Reductions for Annexes) (England) Regulations 2013 will offer a discount of 50% council tax for annexes occupied by relatives In England. The discount applies if the following conditions are met: the annex forms part of a single property [2] which includes at least one other dwelling; and it is being used by a resident...

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Spencer v Taylor Section 21 Notices Final Thoughts

Posted by on January 27, 2014 in New Legislation, News, Possession | 4 comments

Time has passed since Spencer v Taylor [2013] EWCA 1600 changed everything we thought we knew about section 21 notices in particular when serving during a statutory periodic tenancy. [1] We’ve read the judgment a few times now so we’ve got it clear in our minds and it’s time to report and make some final decisions as to what advice we will be providing as a result of the changes. The case Spencer v Taylor is all about a section 21 notice which a landlord served in 2011 after the fixed term tenancy had ended and a statutory...

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