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The Dispute Service Offers Landlords Deposit Protection Directly

Landlords are well aware by now of two of the tenancy deposit schemes namely Deposit Protection Service and My Deposits. Perhaps slightly less know amongst landlords but widely used by agents is the third tenancy deposit scheme operated by the Dispute Service. This scheme mainly catered for agents but landlords of a corporate nature (£100k + ...

What Happens if Payment is Made on Day of Hearing?

When a tenant falls into rent arrears, a landlord has the option of serving a section 8 notice on the tenant. This is particularly used if the tenant is 8 weeks in arrears (if the rent is weekly) or two months in arrears (where the rent is monthly). This is often referred to as "serious rent arrears" and the ground relied upon is ground 8. Our

Tenancy Deposits and Serving a Section 21 Notice

Update: this page has been updated October 2015 reflecting new case law about returning a deposit by cheque. See below. I thought today we would try and resolve a little problem as to the procedure of serving a section 21 where a deposit has not been protected after the changes have now taken effect from section 184 Localism Act 2011. The ...

Six Months Rent in Advance and Tenancy Deposit Protection

The Court of Appeal has held in favour of the landlord in this case and you should read that page rather than this one which is now in archive Archive use only We have always been worried that the taking of multiple periods of rent in advance (for example 6 months rent in advance) could well be a deposit and therefore potentially needs ...

Running Cost for Tenant of Heating Bills Must be Considered by Landlord

According to Liverpool City Council, they have won a "landmark tribunal ruling" which establishes the type of heating that must be installed by a landlord if the landlord is served with a notice or order under the Housing Health and Safety Rating System (HHSRS) under Part 1 Housing Act 2004 by a local authority. The statutory operating ...

The Requirement of Providing Name and Address of Landlord

Section 48 Landlord and Tenant Act 1987 requires a landlord to provide an (emphasis added by author) address in England or Wales at which notices may be served on him by the tenant. Where a landlord fails to provide such an address, any rent or service charge otherwise due from the tenant to the landlord shall be treated for all purposes as ...

Reasonableness of Consent Charges for Underletting

Introduction A long lease is defined by section 76 Commonhold and Leasehold Reform Act 2002 as including if the lease is granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant, by re-entry or forfeiture or otherwise, [s.76(2)(a)]. ...

Occupation, Abandonment and Only or Principal Home

Introduction For a tenancy to be an assured shorthold tenancy, it must be the only or principal home of at least one of the tenants (if more than one) section 1(b) Housing Act 1988 This means that the tenant of an assured shorthold tenancy may have two homes because it can be either their “only” home or their “principal” home. The problem ...

Serving a Section 21 Notice if Deposit Protected Late or Never

From 6 April 2012, there is a new procedure to be followed in respect of serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice. Deposit Protected but no (or incorrect) Prescribed Information Given Prescribed ...

Imminent Risk, Emergency Remedial Action and Excess Cold

Bolton Metropolitan Borough Council v Patel [2010] UKUT 334 (LC) This appeal to the Upper Tribunal (Lands Chamber) was in relation to the interpretation of “imminent risk” which is a requirement of emergency remedial action or an emergency prohibition order. However, interesting comments were also made about assessments (highlights ...