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The Spirit of the Legislation

Please note: if any case is on or after 6 April / 6 May 2012 this article might not be reliable After the handing down of the judgement in Draycott v Hannells 2010,it would seem clear as long as deposit has been protected, albeit late, there is a good possibility that a landlord can avoid the penalty provisions of the tenancy deposit scheme ...

Draycott v Hannells 2010

Please note: if any case is on or after 6 April / 6 May 2012 this may not be reliable although some parts should remain useful. Thanks to Painsmith blog for bringing this to everyone's attention. Draycott v Hannells Lettings Ltd [2010] EWHC 217 (QB) At the time of writing this article, this is the first binding decision on tenancy deposit ...

Saad v Hogan 2009

Saad v Hogan Brentford County Court, 16 February 2009 (appeal heard in the County Court) Mr Saad (landlord) entered into a tenancy with Ms Hogan (tenant). The tenancy was for one year at a rent of £1,000 per calendar month. A deposit of £1,000 was paid. In November 2007, after the tenancy deposit legislation came into effect, Mr Saad granted ...

Piggott v Slaven 2009

Piggott V Slaven Great Grimsby County Court, 23 February 2009 Mr Piggott granted a tenancy to Ms Slaven in 2005. She paid a deposit of £600.00 for this tenancy. On 14 February 2008, another tenancy was granted for a different property. £75.00 from the earlier deposit was repaid to Ms Slaven. The balance of £525.00 was held by Mr Piggott. He ...

Statutory Periodic Tenancy

Introduction A statutory periodic tenancy is what happens to an assured or assured shorthold tenancy when the tenancy ends. One important note is that if the tenancy has a term to the effect that the tenancy continues as a periodic tenancy after the end of the fixed term, no statutory periodic tenancy arises because the tenancy does not ...

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 ...