Recent Articles

Application to Assign not Valid by Email

Where a tenancy (other than a local authority tenancy) contains a clause that a tenant may not assign the tenancy without the consent of the landlord, which consent is not to be unreasonably withheld, the landlord has a duty to reply to any written application for consent within a reasonable period of time and to give reasons for his decision ...

Licence Fees Must be Reasonable and Proportionate

Below has been amended to include a link to the Court of Appeal judgment because it was first reported from High Court judgment. The general consensus is that the below case is authority that HMO licensing fees charged by a local authority must only cover actual costs they incur in operating the scheme. Hemming (t/a Simply Pleasure Ltd) ...

Failure to Have HMO Licence and Proceeds of Crime

If a house in multiple occupation ("HMO") requires a licence whether that's because it has 3 storeys and 5 or more occupiers or because it's located in an additional licensing area, it's a criminal offence to operate the HMO without a licence . Also, if there is a selective licensing area and a landlord operates a house (not necessarily an ...

Still Being Debated – What are the Periods of a Statutory Periodic Tenancy?

Thanks to the nearlylegal blog for this one (who in turn offer thanks to Legal Action’s ‘Recent Developments in Housing Law’ , Edwards Duthie and Liz Davies for the case). In Lappin v Surace, Romford County Court 13 June 2012, Mr Lappin let a property to Ms Surace on an assured shorthold tenancy for 12 months from 20 April 2009 to 19 April ...

Door Handle Missing – Landlord and Builder Negligent

On 26th August 2007 the claimant, Miss Jasmine Alexander, was injured when the index finger of her left hand was caught in the front door of the block of flats where she lived. She suffered a traumatic partial amputation of her finger. The building contractor, Christopher Place, had been engaged by the landlord, Freshwater Properties Ltd, to ...

Plymouth City Council Planning Document Consultation Article 4 Direction

The Development Guidelines SPD provides further guidance and explanation to the adopted Core Strategy and is used to inform planning decisions. It helps to improve the quality of development in Plymouth by providing user-friendly planning guidance and enables applicants to better understand the planning criteria by which their application will

Consent Charges on Long Leases and LVT Jurisdiction

As we have discussed previously, in most long leases (leases for 21 years or longer) a freeholder is entitled to require a leaseholder tenant to obtain consent from the landlord before sub-letting and to require the leaseholder to pay costs in relation to that consent. A tenant is only required to pay to the extent that the fee being charged ...

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 deposit scheme case (most notably see the nearlylegal blog here) that has ...

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 reduce this risk, we have compiled a number of 'Winter Weather Tips' that ...

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 renting out houses.  It is also targeted at current landlords who might like to