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Payment by Guarantor is not Payment of Rent

Payment by the surety pursuant to his covenant is not payment of rent so as to operate as a waiver of a right to forfeit. Ch. 764 explained in Milverton Group v Warner World 32 E.G. 70, CA.] However, payment by the surety discharges the tenant from liability to pay the rent, since otherwise the landlord would recover twice over. But it ...

Deposit Protection After Tenancy Ended

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Potts v Densley & Anor EWHC 1144 (QB) Thanks again to the Painsmith blog for this one. Background The landlord granted the tenant a tenancy of 12 months from 12 May 2007. A deposit of £1,500.00 was paid and duly registered by the landlords ...

Joint Dispute Resolution Advice

The three tenancy deposit schemes have jointly published a ‘Guide to Tenancy Deposits, Disputes and Damages‘ The new guide outlines the principles on which all three scheme administrator’s adjudicators make decisions so that the process is consistent and transparent for letting agent, landlord and tenant alike; regardless of which scheme you ...

HMRC Investigation Insurance

We belong to both the National Landlords Association and the Guild of Residential Landlords. One of the benefits of the NLA is insurance should we be subject to an HMRC enquiry. We are covered up to £75,000 costs for accountant's and legal fees. Do we have such a benefit with the Guild? Sandra McManus

Sprinklers Required in Wales

From 7 April 2011, all residential properties in Wales that are new build or converted after this date are required to have an automatic fire suppression system installed (sprinkler system). The legislation bringing in this requirement is the Domestic Fire Safety (Wales) Measure 2011 and as the title suggests, the provisions only apply to ...

Direct Payment Guidance

The Department of Work and Pensions (“DWP”) have published housing benefit circular HB/CTB A4/2011 which advises local authority staff on how to make decisions under the new direct payment provisions which commence in April 2011. What’s changing? From 6 April 2011, the Housing Benefit Regulations 2006 are amended to include a new ...

Equality Act 2010

A Landlords Guide I have searched every where for a landlords guide to the Equality Act 2010 and surprisingly there is nothing available so I will give it a go here. In particular, the most common duty under the Act for landlords will be in relation to adapting premises for disabled persons. Background The Equality Act 2010 primarily took ...

What was the Occupiers Status?

KT Property v Joseph Pritchard Bristol County Court 3 February 2011 This case, although quite rare was in our view certainly interesting and was one that made the mice in our heads revolve on the spinning wheel at great speed and for long periods of time. That being said, full credit must go to Evicthem as they did the vast majority of ...

Letting to Minors

It is not possible for an infant (minor) (a person under 18 years of age) to hold an estate in land . By virtue of paragraph 1(1) of Schedule 1 to the Trusts of Land and Appointment of Trustees Act 1996 any purported grant of a legal estate to a minor will not be effective to pass the legal estate, but will operate as a declaration that the ...

Protecting a Deposit AFTER Tenancy Ended

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Nearly Legal have reported an interesting new tenancy deposit case Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported). As a brief summary of this case, the landlord granted a 12 month assured shorthold tenancy