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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Our Property Management Arm Has Joined A Redress Scheme

Posted by on September 26, 2014 in Agents, New Legislation | 0 comments

As many are aware, not only do we run the Guild of Residential Landlords but we are also a landlord too. Further, we manage my parents properties and another 2 properties are managed on behalf of other clients. This means that our property management business even though it doesn’t really earn much still needs to be registered with a redress scheme. We have today gone with The Property Redress Scheme because I rather like their pricing structure. They charge £95.00 plus VAT per annum and then you pay as you go for complaints. The...

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The Housing (Wales) Act 2014 Receives Royal Assent

Posted by on September 18, 2014 in New Legislation, News | 0 comments

The Housing (Wales) Act 2014 has been passed by the National Assembly for Wales and it received Royal assent on 17 September 2014. Lesley Griffiths, Minister with responsibility for Housing and Regeneration said: The Act will have a positive impact and make a difference to people’s lives. Tackling inequality, poverty and enabling social justice are at the heart of the Act. It has received widespread support from organisations and individuals from inside and outside the housing sector and is something of which we should be proud. As...

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Redress Schemes for Lettings Agency and Property Management Work

Posted by on August 31, 2014 in Agents, New Legislation | 6 comments

As previously reported, from 1 October 2014 all agents who carry out letting agency or property management works will be required to join a redress scheme. The legislation appears at first glance to be remarkably straightforward for brand new legislation. This is perhaps because it will be up to the schemes themselves to monitor complaints and provide redress within their rules. As such, all the legislation needs to do is ensure the correct people are caught and required to join. The legislation applies to England only. Introduction The...

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Property Agents Must Join Redress Scheme By 1st October

Posted by on August 30, 2014 in Agents, New Legislation, News | 0 comments

The Department of Communities and Local Government has announced that the mandatory redress scheme which all letting and managing agents must become a member of will commence from 1 October 2014. By this date, all agents in England must belong to an approved redress scheme. Currently there are three redress schemes which have been approved by Government namely: Property Redress Scheme The Property Ombudsman Ombudsman Services – Property Sean Hooker, Head of Redress at the Property Redress Scheme said: We are delighted to be launching...

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Welsh Government Consultation Events on Model Contracts

Posted by on August 7, 2014 in Consultation, New Legislation, News | 2 comments

The Welsh Government has previously produced a Renting Homes White Paper which includes a proposal for new types of contract when letting dwellings in Wales. One such contract is proposed to be a ‘standard contract’ which is “modelled on the assured shorthold tenancy that is used mainly in the private rented sector”. The Welsh Government are seeking views on the layout and format of the model contract: While detailed work is under way on drafting the Bill, taking into account the White Paper responses and other stakeholder comments, we also...

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Guild AST & Council Tax Legislation… Valuation Tribunal – Contractual Periodic Tenancy Case

Posted by on August 2, 2014 in Council Tax, Members Questions, New Legislation, Tenants Notice to Quit | 3 comments

Great to see you have addressed the : “Council Tax Material Interest Contractual Periodic Tenancy” issue which landlords face due to tenants vacating & not giving property notice to vacate (like the majority of Housing Benefit Tenants in my experience). Your link here : ** QUERY ** Assume Landlord does a 6 month fixed term AST using your contract, rent due monthly on 1st of the month. Landlord finds out on day 3 of month 9 that their...

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Proposed Tenancy Deposit Legislation Amendment – Deregulation Bill

Posted by on June 26, 2014 in New Legislation, News, Tenancy Deposit | 3 comments

Please note, there has been a number of amendments a few hours after publication and this article should be read again if it was read on the day of publication (26 June 2014). See the new summary below   We reported a month ago about a proposed amendment to tenancy deposit legislation which would remove the effects of Superstrike and in particular, the necessity to issue prescribed information again when a tenancy goes statutory periodic. In addition, that proposal would require all deposits taken pre April 2007 to be protected within 90...

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Common Law Distress For Rent Abolished

Posted by on June 16, 2014 in New Legislation, News, Rent | 7 comments

In the modern day, distress for rent (a remedy which enables a landlord to recover arrears of rent by seizing property found in premises subject to a tenancy) has limited application in residential property cases. This is mainly because the courts permission is required before distress for rent can be levied where the tenancy is assured or assured shorthold [section 19 Housing Act 1988]: … no distress for the rent of any dwelling-house let on an assured tenancy shall be levied except with the leave of the county court … However, there was...

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New Consumer Contracts and Distance Selling Rules

Posted by on June 11, 2014 in New Legislation, News, Unfair Terms | 0 comments

From 13 June 2014, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will consolidate and replace the Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008. Consumers and traders The regulations apply to certain contracts between consumers and traders. Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. Trader means a...

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