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Another Report Into The Private Rented Sector

The House of Commons Communities and Local Government Committee has published a first report on the private rented sector. In the lengthy report a number of recommendations are made including: Conduct a wide-ranging review to consolidate legislation, with the aim of producing a much simpler and more straightforward set of regulations that ...

Article 8 Proportionality and Private Landlords Possession

The idea that an Englishman’s home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to secure the eviction of trespassers from it. But what if the invaders occupy for long enough to establish their home within the ...

Property Misdescriptions Act 1991 to be Repealed

From 1 October 2013 the Property Misdescriptions Act 1991 is to be repealed by the The Property Misdescriptions Act 1991 (Repeal) Order 2013 from 1 October 2013.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 have been implemented in the United Kingdom. They provide the same ...

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 Land Tribunals. There are new procedure rules that are now effective which ...

Basic Tax Implications To Be Aware Of

Over the last year the number of buy to let mortgages in the UK has risen, partly as new investors enter the property market and as professional landlords look to expand their portfolios. Regardless of the number of buy to let properties you own it can always help to be aware of the tax implications of owning property and what you can do to ...

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 and address as the holder of the deposit. The deposit itself was protected ...

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 investigate the point on its own motion if it arises, even if it is not argued by ...

What to do now guidance after Superstrike Ltd v Rodrigues

This article may be out of date as major changes have been introduced from 26 March 2015. See our article about the Deregulation Act 2015. As things start to calm again after Superstrike Ltd v Rodrigues EWCA Civ 669 for obvious reasons we are getting lots of requests for information. We have therefore produced for the benefit of our ...

Superstrike Ltd v Rodrigues – A Mini Rant and Reflection

It would seem all the talk currently is about Superstrike Ltd v Rodrigues EWCA Civ 669. I thought today we would provide a few more thoughts on this now that things have had time to settle and also explain why we are especially concerned with comments made in this judgment. I should just say from the outset this is more of a personal blog ...

Older Tenancies – Superstrike Ltd v Rodrigues 2013

Normally, questions go to our ask a question part of the website but this question received early this morning sums up the case from Friday (Superstrike Ltd v Rodrigues) perfectly and shows that perhaps there will be more landlords affected than first thought. We have put it here so all can see the post as it may be useful for landlords or ...