New or Changing Landlord and Tenant Legislation

Welsh Water Offer 3 Month Grace Period For Landlords to Notify About Tenants

Posted by on January 26, 2015 in New Legislation, News, Utilities | 0 comments

Welsh Water Offer 3 Month Grace Period For Landlords to Notify About Tenants

We reported a short while ago that for Wales and a small part of England, it is a requirement from 1 January 2015 that landlords notify the water authority servicing their property of certain details concerning their tenants (or any occupier) within 21 days of the tenant taking a tenancy. A failure to do so results in the landlord being jointly and severally liable for any water charges in relation to the property until the duty is complied with. The duty also applies to existing tenants and under the legislation these must be notified by 21...

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Tenancy Deposit Interest Rate Order Revoked

Posted by on January 15, 2015 in New Legislation, News, Tenancy Deposit | 0 comments

Tenancy Deposit Interest Rate Order Revoked

  Under the The Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007, the custodial scheme operated by the Deposit Protection Service may pay interest on held deposits at the rate of the Bank of England base rate less 2.32 percent. The current base rate has been at 0.5 percent for some years now which effectively renders the order useless for the time-being. The Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015 revokes the 2007 order in England  only from 4 February 2015. Perhaps Wales will...

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Consultation About Designation of Licensing authority – Housing (Wales) Act 2014

Posted by on December 19, 2014 in Consultation, New Legislation, News, Registration and Licensing | 0 comments

The Housing (Wales) Act 2014 will require all landlords with a property in Wales to be registered and all self managing landlords or letting / managing agents to be licensed. A new consultation has been published (or this link for Welsh version) to seek views on the intention to appoint a single licensing authority for Wales, and for the authority to be Cardiff Council. It also seeks views on the intention for the licensing authority to specify the core syllabus for courses for landlords and agents, and for the licensing authority to...

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Deposits Taken Before April 2007 and Section 21 Notices

Posted by on December 17, 2014 in New Legislation, News, Possession, Tenancy Deposit | 0 comments

Since Superstrike we look at most deposit cases that have not been answered yet and assume what is the very worst outcome possible and what was the least intention of Parliament. Once you start to think like that, you generally arrive at the correct answer to the question. Here again we have the same thing happened in Charalambous & Anor v Maureen Rosairie NG & Anor [2014] EWCA Civ 1604 although this time I think it was fairly well predicted. Superstrike dealt with the situation where a deposit was received before the tenancy deposit...

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New Online Accelerated Possession Procedure Form

Posted by on December 16, 2014 in Guild Services, New Legislation, News, Possession | 0 comments

There is a new online form for the accelerated possession procedure. This should not be confused with an online “application” such as the Possession Claim On Line (PCOL) procedure. The new accelerated form is simply a mechanism to enter the information online and then at the end you print the form off and post to the appropriate court with payment. In a sense it’s no different to using the PDF form as you still can do – where it’s completed on screen, printed and sent to the appropriate court.   Online Accelerated Possession Form...

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Landlord Owners Must Provide Information To Water Authority Within 21 Days

Posted by on December 16, 2014 in New Legislation, News, Utilities | 0 comments

Back in 2010 we reported how, section 45 Flood and Water Management Act 2010 would insert a new section 144C into the Water Industry Act 1991 requiring landlords to provide details of their tenants to water authorities. A failure to provide the information would make the landlord jointly liable for the water charges even for the period whilst the tenant was in occupation. A consultation about what information should be provided by landlords was held in 2012 for England and 2013 for Wales. Now, the provisions are to be commenced from 1 January...

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Retaliatory Evictions Strike Again

Posted by on December 4, 2014 in New Legislation, News, Possession, Repairing Obligations | 6 comments

The Tenancies (Reform) Bill which proposed amongst other things retaliatory evictions was defeated in Parliament on 28 November 2014. However, today (4 December 2014), parts of that Bill have been added to the Deregulation Bill which is the same Bill where amendments relating to Superstrike are being proposed. This Bill has Government approval so rather worryingly this could be in before the election! Not all parts of the Tenancies (Reform) Bill have been moved across and the Deregulation Bill currently only contains the provisions relating...

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Proposals To Prevent Retaliatory Evictions – The Tenancies (Reform) Bill

Posted by on November 28, 2014 in Consultation, New Legislation, News, Possession, Repairing Obligations | 5 comments

The below Bill failed in Parliament on 28 November 2014 and we thought that was going to be the end of it for a while (as reported by Shelter). However, parts have today (4 December 2014) been added to the Deregulation Bill which is the same Bill where amendments relating to Superstrike are being made. Not all of the proposals have been added to the Deregulation Bill – please see our more recent article which explains which parts have moved across. The Tenancies (Reform) Bill has been published which is intended to protect tenants...

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Ground 7A Introduced By Anti-social Behaviour Crime and Policing Act 2014

Posted by on November 26, 2014 in Anti-Social, New Legislation, News, Possession | 0 comments

Anti-social Behaviour, Crime and Policing Act 2014 We have previously reported on a rather useful new ground that has been added to the grounds available for landlords to seek possession. Contained in the same Anti-social Behaviour, Crime and Policing Act 2014 is a further ground which commenced in England on 20 October 2014 and in Wales on 21 October 2014. More commonly landlords and agents will be familiar with grounds 8, 10 and 11 available for rent arrears. The new ground “7A” is introduced by section 97 and like ground 8 is...

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Registration and Licensing In Wales – Housing (Wales) Act 2014

Posted by on October 19, 2014 in Granting a Tenancy, New Legislation, Possession | 2 comments

As previously reported, the Housing (Wales) Act 2014 (the “Act”) received Royal assent in September. A commencement date has not been announced yet but it’s possibly autumn 2015. The Act is a means of ensuring the registering and licensing of all landlords and agents who let or manage property in Wales. Whether a licence is required or simply registration depends on the circumstances which are considered below. As is the modern way, much of the legislation will be provided for by secondary legislation made under the Act...

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