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Condensation

Introduction Before the Housing Health and Safety Rating System (HHSRS) introduced by the Housing Act 2004, there have been several cases showing that a landlord is not liable for condensation unless that condensation is caused by some structural defect falling under the landlords obligation to repair. Under the HHSRS, greater powers are ...

Backdating HB Claim

Regulation 83(12) Housing Benefit Regulations 2006: Backdating A claim made on or after 6 October 2008 can only be backdated for up to six months, rather than the 52 weeks that was possible before that date. Note that the DWP has said, in the explanatory memorandum to SI 2008 No 2424, that the policy intention is to move to ...

Rental Periods for Student Tenancy Agreement

When letting to a student, often a landlord wishes to make the rent payable at the same times as the student loans are paid. We have therefore produced a replacement front page for our tenancy agreements allowing a landlord to allocate the rent in three payments. Should the tenant remain beyond the fixed term, the rent becomes calendar ...

HMO Planning Permission

John Healey: Local powers for councils to protect communities and improve standards in the private rented sector Housing and Planning Minister John Healey today (27/1/10) announced new local powers to control the spread of high concentrations of shared rented homes and to tackle pockets of unsafe and substandard accommodation run by bad ...

Who is supplying the property?

We have free guidance available for landlords to give to their tenants before they move in, in order to help tenants with signing on with gas and electricity. This is available free of charge here (tick the F051 box): Because the market is open to occupiers to choose who they like to supply gas and electric, there are two national numbers ...

Third Party Deductions

Where a landlord has a current tenant claiming Job Seekers Allowance or Income Support and there are rent arrears, it is possible to claim a small amount to be paid from the JSA or IS direct to the landlord. This is called "third party deductions". What are ‘third party deductions? Benefit customers should normally meet their household ...

Special procedure must be used by tenant to make claim

Fox v Hill, Preston County Court, 21 January 2010, 9PR01873 We seem to be on a bit of a run at the moment as the Guild has helped win another case for it's members. Should a landlord get a claim for three times deposit by a tenant for a failure to protect a deposit, there is a special procedure that must be followed. A simple small claim ...

When is tenant 8 weeks in arrears for direct payments? (Doncaster v CCC)

Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009 The Guild of Residential Landlords has won a very important case which will benefit all landlords throughout England and Wales where the tenant becomes in arrears and the landlord requests direct payment. Since this article was written, the DWP has amended ...

Forfeiture common-law tenancy breach of tenancy

None of the information below applies to assured or assured shorthold tenancies. The information below only applies to common-law tenancies for example company let or where rent is in excess of £25k etc. Rent arrears The procedure below does not relate to rent arrears. Please see this article for forfeiture due to rent arrears on a ...

Utility (Gas & Electric) Bills

When is a landlord liable to pay gas or electric in rented accommodation? The first step is to establish what the terms of the tenancy are. If the tenancy provides that electricity and / or gas is included and paid by the landlord, the landlord is contractually bound by the tenancy. Where the contract requires the tenant to pay the bills, ...