Application for 3 x Deposit After Tenancy
Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon Gladehurst Properties Ltd v Hashemi & Anor [2011] EWCA Civ 604 (19 May 2011) We now have a further court of appeal ruling on deposit protection, in particular can an ex-tenant make an application for 3 times deposit once a tenancy has ended. Although at first glance, the outcome of this case may seem good news for landlords, I wonder if this is very bad news for landlords indeed? Background Gladehurst Properties Limited (“Gladehurst”) is the...
read moreChange to Ground Rent Notice
Ground rent is a regular payment which a leaseholder must pay to their landlord (sometimes called ‘the freeholder’) under the terms of their lease. Before ground rent is payable on a residential long leasehold property (which is one where the lease was originally for 21 years or longer), the landlord must serve the leaseholder with a notice containing certain information. The information to be contained in the notice is set out in the Landlord and Tenant (Notice of Rent) (England) Regulations 2004, SI 2004/3096. The notice...
read moreDeposit Protection After Tenancy Ended
Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon Potts v Densley & Anor [2011] EWHC 1144 (QB) Thanks again to the Painsmith blog for this one. Background The landlord granted the tenant a tenancy of 12 months from 12 May 2007. A deposit of £1,500.00 was paid and duly registered by the landlords managing agent with the tenancy deposit scheme (Dispute Service). In 2009, the landlord and tenant agreed a new tenancy at a lower rent and without the managing agent. The agent withdrew the deposit from...
read moreJoint Dispute Resolution Advice
The three tenancy deposit schemes have jointly published a ‘Guide to Tenancy Deposits, Disputes and Damages‘ The new guide outlines the principles on which all three scheme administrator’s adjudicators make decisions so that the process is consistent and transparent for letting agent, landlord and tenant alike; regardless of which scheme you use. Since 2007, around 47,000 disputes have been settled by our collective alternative dispute resolution processes and whilst we’ve always worked to the same principles, by pooling information...
read moreSprinklers Required in Wales
From 7 April 2011, all residential properties in Wales that are new build or converted after this date are required to have an automatic fire suppression system installed (sprinkler system). The legislation bringing in this requirement is the Domestic Fire Safety (Wales) Measure 2011 and as the title suggests, the provisions only apply to wales. A discussion by Ann Jones AM – Labour Assembly Member for Vale of Clwyd is available here:- PDF Quick View (via Google Docs) Welsh Fire Sprinklers Blog The measures apply to building work...
read moreNew LHA Guidance Manual
The Department of Work and Pensions has issued a new Local Housing Allowance Guidance Manual to all local authority staff who deal with housing benefit. After having a quick glance through, it seems there are no major changes except of course to add information about the changes that took effect earlier this month. The other important stuff like 8 weeks arrears and payments to landlords generally remains ...
read moreCourt Fees Increase from 4 April 2011
From 4 April 2011, court fees are to increase. The significant changes mainly affecting landlords are as follows: Accelerated Possession Claims: £175.00 (from £150.00) Standard Procedure Possession Claim (e.g. rent arrears): £175.00 (from £150.00) On-Line Possession Claim (rent arrears): £100.00 (same as before) Application fee (set aside, restore etc.): £80.00 (from £75.00) Warrant of Execution (Bailiff fee): £110.00 (from £95.00) In addition, from 1 April 2011 (so before the fees increase) the Tribunal Service is to merge with...
read moreLHA Transitional Period
I’ve had a number of calls recently regarding the 9 months transitional period concerning the announced changes to LHA from April 2011. Most enquiries are in relation to a letter from the local authority giving examples and it would seem most examples either conflict or differ between authorities. I thought therefore we would produce some guidance as to how the transitional period works. What’s changing? As a quick summary, the following changes take effect on 1 April 2011: An additional bedroom in any case where the customer or their...
read moreDirect Payment Guidance
The Department of Work and Pensions (“DWP”) have published housing benefit circular HB/CTB A4/2011 which advises local authority staff on how to make decisions under the new direct payment provisions which commence in April 2011. What’s changing? From 6 April 2011, the Housing Benefit Regulations 2006 are amended to include a new “discretionary” direct payment to landlords. Regulation 96(3A)(b) (circumstances when payment “may” be made to landlord) will have added to it: “(iv) the relevant authority considers that it will...
read moreProtecting a Deposit AFTER Tenancy Ended
Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon Nearly Legal have reported an interesting new tenancy deposit case Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported). As a brief summary of this case, the landlord granted a 12 month assured shorthold tenancy late 2007 and a further renewal was granted for another 12 months. The tenancy then ran periodic until the tenant left in February 2010. The deposit was not protected so the tenant commenced proceedings...
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