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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

As things start to calm again after Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 for obvious reasons we are getting lots of requests for information. We have therefore produced for the benefit of our members and accredited landlords a guidance document which covers all the scenarios we can think of including the following: Deposits

Superstrike Ltd v Rodrigues – A Mini Rant and Reflection

It would seem all the talk currently is about Superstrike Ltd v Rodrigues [2013] 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 ...

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 ...

Deposit Protection for Statutory Periodic Tenancies and Renewals – Superstrike Ltd v Rodrigues 2013

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013) is a worrying case which fundamentally changes previous thinking on certain aspects of tenancy deposit legislation and in particular landlords duties. Background The landlord granted a tenancy to the tenant on 8 January 2007 for a term of one year less a day at a rent of £606.66 ...

Ripon landlord fined £6,500 with £4,426 cost

Ripon landlord fined £6,500 with £4,426 cost A Ripon landlord was fined £6,500 with £4,426 costs by Harrogate magistrates for not complying with an improvement notice and prohibition order served by Harrogate Borough Council relating to his property in High Skellgate, Ripon. We don't get much of this in our area! Source: Harrogate News

Tenancy Deposit Prescribed Information – Ayannuga v Swindells

We have already reported on the case Ayannuga v Swindells (2012) CA (Civ) 6 and in that article we promised to go slightly more in-depth with the case when we got a moment. As it turns out the summary was pretty close so we haven’t felt the need to rush this through. It is worthy of note that this case was decided under the previous version ...

When Does the Absolute Duty to Repair Apply?

Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013) relates to repairing obligations on commercial premises but it’s worthy of note because it contains general information about duties of repair which will equally apply to residential premises. Ms Flores was the tenant of commercial premises at 104 and ...

Redundant office blocks to be turned into rental homes

Redundant office blocks to be turned into rental homes New rules have gone through, making it possible to convert disused offices into homes without planning permission. ... The Department for Communities and Local Government said: “New permitted development rights will enable offices to be converted to homes. This is an opportunity for ...