Property Misdescriptions Act 1991 to be Repealed
From 1 October 2013 the Property Misdescriptions Act 1991 is to be repealed by the The Property Misdescriptions Act 1991 (Repeal) Order 2013 from 1 October 2013. Since the introduction of the 1991 Act, The Consumer Protection from Unfair Trading Regulations 2008...
First-tier Tribunal (Property Chamber) Begins Today
Today, 1 July 2013, the First-tier Tribunal (Property Chamber) commences in England and replaces a number of tribunals all of which no longer exist: Rent Assessment Committees Rent Tribunals Residential Property Tribunals Leasehold Valuation Tribunals Agricultural...
Possession order overturned because Prescribed Information had agent’s name on it
Possession order overturned because Prescribed Information had agent's name on it An order for possession has been set aside by a court on the basis that the Prescribed Information did not contain the landlord’s name and address. Instead, it showed the agent’s name...
Consumer Protection applies to Residential Leases
Consumer Protection applies to Residential Leases The court ruled that not only does consumer protection legislation apply to residential leases, when the landlord is a business and the tenants are not dealing by way of business, but that a court is obliged to...
Deposit Protection for Statutory Periodic Tenancies and Renewals – Superstrike Ltd v Rodrigues 2013
Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013) is a worrying case which fundamentally changes previous thinking on certain aspects of tenancy deposit legislation and in particular landlords duties. Background The landlord granted a tenancy to the...
Ripon landlord fined £6,500 with £4,426 cost
Ripon landlord fined £6,500 with £4,426 cost A Ripon landlord was fined £6,500 with £4,426 costs by Harrogate magistrates for not complying with an improvement notice and prohibition order served by Harrogate Borough Council relating to his property in High Skellgate,...
Redundant office blocks to be turned into rental homes
Redundant office blocks to be turned into rental homes New rules have gone through, making it possible to convert disused offices into homes without planning permission. ... The Department for Communities and Local Government said: “New permitted development rights...
Renting Homes in Wales White Paper
The Welsh Government have released a white paper Renting Homes A better way for Wales which describes proposals for new legislation that they intend to implement. Current arrangements According to the white paper: Many of the problems are due to inconsistencies in the...
Direct Payment of Universal Credit to Landlords and Alternative Payment Arrangements
It's been reported today that the government has made a “ change in policy ” and “ revealed that direct payments to landlords will now be allowed " by a ” tucked away “ policy change. To further clarify the current position, this...
Six Months Rent in Advance, Tenancy Deposits and Section 21 Notices
Introduction An important question relating to 6 months rent paid in advance, tenancy deposit schemes, and service of a section 21 notice has been answered today by the Court of Appeal in the case Johnson & Ors v Old [2013] EWCA Civ 415 Outline Through their...
Renting Homes in Wales – Law Commission Report
Law Commission report On 9 April 2013, the Law Commission has published the report “Renting Homes in Wales” (Law Com No 337). The report updated the original Renting Homes proposals and addressed any possible devolution issues arising from their implementation in...
Are Private Landlords Prepared for Welfare Reforms?
Last night saw 50 + concerned members of the Guild of Residential Landlords attend a forum in Cardiff to hear more about how welfare reforms could affect their business and in particular Universal Credit. Given the recent articles on Welfare Reform and the sharp...
Landlord Blues: Dealing with Tenants from Hell
One of our members has written and published a book! I understand (but not had chance to read it yet) that the Guild even makes an appearance! The book is aimed at: anyone interested in seeing what life is like for landlords and specifically at anyone considering...
Landlord Accreditation Approved for Dorset Register of Landlords
Bournemouth council has recently launched the Dorset Register of Accredited Landlords and Poole, Christchurch, East Dorset and Purbeck Councils have all signed up to the register too. How does it work? First, a landlord must become accredited through the Private...
Council Tax – Discount on Second Homes and Long-Term Empty Properties
Currently, a number of exemptions and discounts are available for council tax where no one occupies a dwelling as their main residence. These include holiday homes, second homes and empty properties. The changes outlined below only apply to England. For Wales, see...
Council Tax Benefit Reforms From April 2013
Currently, Council Tax Benefit (CTB) is assessed by local authorities on behalf of the Department of Work and Pensions (DWP) but the rules governing the assessment process are applied the same way throughout the UK. From April 2013, the Local Government Finance Act...
Civil Justice Reform April 2013
Civil justice reforms The civil justice system is being reformed and many new provisions are to take effect from 1 April 2013 including changes to the small claims threshold, legal aid and no win no fee arrangements. Small claims track threshold changes If a landlord...
Winter weather tips – avoid damage this winter
Giles Insurance Brokers winter weather tips - avoid damage this winter With the weather showing little sign of improving and the inevitable thawing that will follow, the risk of damage, injury & financial loss is more likely at times like these. In order to help...
The Importance of Prescribed Information (Yet Again!)
Ayannuga v Swindells (2012) CA (Civ) 6 READ THE FULL IN-DEPTH ANALYSIS OF THIS CASE HERE Below is a news item summary of the case at the time. See the link above for analysis of this case. There has been a couple of reports about this very important tenancy...
Homelessness – Section 21 Notices and Localism Act 2011
Homelessness Under part 7, Housing Act 1996, local authorities are under duties in respect of homelessness. A person is regarded as homeless if s/he has no accommodation available for occupation [1]. This includes if the person cannot secure entry to their property or...