New or Changing Landlord and Tenant Legislation

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 | 2 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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New Guide Launched – How To Rent: The Checklist For Renting In England

Posted by on June 10, 2014 in Granting a Tenancy, New Legislation, News | 0 comments

The Housing Minister, Kris Hopkins, has today launched a new guide for private rented sector tenants titled How to rent: the checklist for renting in England. According to a press release issued by the Department for Communities and Local Government Mr Hopkins has said that this will help encourage a new generation of tenants to have easy access to understandable and useful information when renting property in England. According to DCLG, the new how to rent guide will help tenants during a time whilst looking for property to rent as it can be...

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Amendment Proposed For Deposits and Statutory Periodic Tenancy

Posted by on May 28, 2014 in New Legislation, News, Tenancy Deposit | 8 comments

A notice of amendment given to the House of Commons on 14 May 2014 seeks the insertion of a new section 215A into the tenancy deposit provisions of the Housing Act 2004 via the Deregulation Bill. If approved, the amendment would ensure that any deemed grant of a statutory periodic tenancy would NOT be treated as being paid or received a tenancy deposit – in effect reversing the primary decision of Superstrike Ltd v Rodrigues [2013] EWCA Civ 669. 215A (1) A tenancy deposit shall not be treated as being paid or received in connection with...

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New Court Forms For Landlords

Posted by on May 26, 2014 in New Legislation, News, Possession | 0 comments

As we reported the other day, many of the court forms that are used by landlords have changed. The forms that we have found to be changed so far are: N5b – Accelerated possession claim form N5 – Claim form for possession N325 – Request for Warrant of Possession of Land   We have gone through all our guidance, modified the forms accordingly and produced new sample court forms where we previously had some. The main change is in the accelerated possession claim form which now requires not only a copy of the deposit...

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The Immigration Bill Becomes The Immigration Act

Posted by on May 25, 2014 in Equality and Anti-Discrimination, Granting a Tenancy, New Legislation, News | 2 comments

The Immigration Bill is now the Immigration Act 2014 which received Royal Assent on 14 May 2014. Although the wording has been slightly modified from the Bill stage, the essence is the same. We are still waiting on all the important parts of the legislation which is the secondary legislation and most importantly the statutory guidance which will provide the detail of what procedures a landlord must follow to avoid penalties under the Act. For full details of the Act see our article when it was at Bill stage but a summary is detailed below. A...

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Refusal To Allow Entry For Gas Safety Inspection and Ant-Social Behaviour – Ground 14

Posted by on May 19, 2014 in Gas Safety, HMO's, New Legislation, News, Possession, Repairing Obligations, Right of Entry | 0 comments

A very common question that we get is what to do when a tenant refuses to allow a landlord or contractor entry for routine maintenance such as gas safety records or fire alarm testing. We have a number of letters available but ultimately the only realistic way of resolving the problem is keeping a diary of attempts, sending letters, serving a possession notice and obtain a possession order from the court. On rare occasion, an injunction might be required. Possession is more of a problem if the timing of the maintenance is early into a tenancy...

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It’s All Happening In Wales At The Moment!

Posted by on May 8, 2014 in Consultation, HMO's, New Legislation, News, Planning Permission | 0 comments

Cardiff Council in particular are working on a number of schemes which may affect landlords. Amendments to planning guidance In Wales, a dwelling normally has a permitted use for occupation by persons living together as a family or for up to six people living together as a single household [1] (normally this would mean a joint and several tenancy if rented). If however, there is more than one household (so a property let on a room by room basis) this would normally need planning permission as would any letting of over six persons. In reality...

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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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