Recent Articles

Emails as contracts

This article taken with thanks from the Painsmith Solicitors blog. Original article here In University of Plymouth v European Language Centre Ltd EWCA Civ 784 the Court decided that in legally binding e-mail correspondence it is essential to have an unequivocal offer and acceptance, together with agreed contract terms. In the case itself , ...

When MUST housing benefit paid to landlord?

When payment of Housing Benefit must be made to landlord See in particular this important case (Doncaster v Coventry City Council 2009) Regulation 95 Housing Benefit Regulations 2006 If a tenant is the equivalent of 8 weeks or more in arrears, the local authority must make payment to a landlord. Regulation 95 Housing Benefit Regulations ...

How To Increase The Rent

There are three ways to increase the rent for an assured shorthold tenancy: clause in the tenancy agreement or agreement with the tenant or by notice under section 13 of the Housing Act 1988. At the bottom of this article is detailed information for completing a section 13 form.
Who has the Material Interest?

Who has the Material Interest?

IMPORTANT: This case has been overruled by CT v Horsham District Council (HB) UKUT 617 (AAC). However, if you are using our tenancy agreements (since June 2013) then, the tenant will be liable for council tax in certain cases even when they are not occupying because no statutory periodic tenancy is created under our current agreements. ...

Rent dodger signs – Are they lawful?

I've just had an interesting question on the help-line that I thought worthy of a brief article. I remembered seeing this on the news a while ago and found a BBC article here Q: My friend who is a landlord has placed a sign outside his property stating "rent dodger lives here". Is this legal? A: S.40 Administration of Justice Act 1970 ...

Payment of rent in advance is not payment of rent

Payment before the day is voluntary and a payment of a sum in gross, and no satisfaction at law of the rent.   Thus the landlord was entitled at law for forfeit for non-payment of rent on the rent day, even though the rent had been paid before that day.   However, a payment in advance of the rent day provides a good equitable defence to any ...