Recent Articles

Surrender

Also see "is notice by tenant valid" Surrender by operation of law An agreement by the landlord and the tenant that the term shall be put an end to, acted upon by the tenant's quitting the premises and the landlord by someĀ  unequivocal act taking possession, amounts to a surrender by operation of law. But the giving and acceptance of ...

Minor error on a Notice

Dudley Metropolitan Borough Council v. Bailey (1990) 22 H.L.R. 424 Abstract: P served a notice seeking possession on D which notice was not in the prescribed form and which alleged that rent was owing, without stating that the arrears were in part made up of arrears of rates. The judge held that the notice was not in a form substantially to ...

Tenancy Deposit Schemes Case Law Summary

Court of Appeal Ayannuga v Swindells (2012) CA (Civ) 6 Landlord had protected the deposit perfectly well but not issued "full" prescribed information (had provided some basic information but nothing more than that). This case decided that the prescribed information is strict and "all" the information (or substantially all) must be given to ...

Six Months Rent in Advance and Tenancy Deposits

Sometimes, a landlord is offered a multiple of months rent in advance by a prospective tenant. Commonly this is six months rent in advance. Since the introduction of tenancy deposit schemes, this can cause a surprising problem. It is well accepted that where a landlord claims that a payment of money was for rent in advance and not a deposit, ...

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 ...

HHSRS – Summary of Cases

Below is a summary of Housing Health and Safety Rating System appeals to both the Upper Tribunal and the Residential Property Tribunal. Please note that from 1 July 2013, all HHSRS hearings are dealt with by the First-tier Tribunal (Property Chamber) Most significant cases are listed including appeals relating to prohibition orders and ...