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The Corresponding Date Rule

Notices This rule has been well established since the 1800's. The rule basically determines how long a calendar month is for the purpose of serving notices. The main question that can be asked is, if a 2 month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January or should it ...

The Dispute Service changes

This article is only relevant to you if you are a member of the tenancy deposit scheme operated by the Dispute Service Ltd. Essentially the changes to the scheme rules and tenancy requirements apply from 1 October 2010 when the threshold increases to £100,000 for when a tenancy is an assured shorthold tenancy. As has been previously ...

Deposit Protection after 1 October

The DCLG were insisting that all deposits required protecting within 14 days of 1 October 2010 for tenancies that convert to assured shorthold tenancies after the rent threshold increase. However it is being widely reported that they have revised their position after several commentators including this website said it wasn't necessary. They

AST Threshold to Increase £100k

What's changing? From 1st October 2010, the rent threshold for when a tenancy is an assured or assured shorthold will be increased from £25,000 to £100,000. The legislation making this change is here. From 1 December 2011, the same increase takes effect in Wales Retrospective? It was previously being reported that the change would be ...

Enforcement Notices

What is an Enforcement Notice? An enforcement notice is issued by a local authority where a development requiring planning permission has taken place without planning permission forst being obtained. An enforcement notice could seek that the development be restored to it's previous state for example. If I don't have planning permission, what

Do I need planning permission for my HMO?

Please note this article applies to England. See the next article in this series for Wales HMO planning permission information. From 1 October 2010, incorporating changes already made on 6 April 2010, planning rules are changed affecting HMOs in England. What is an HMO? A simple non legal definition is that a house (or flat) is an HMO if ...

Grant Shapps: Sensible approach to manage shared homes

Landlords and councils will no longer be faced with bureaucracy aimed at micro-managing rented housing, Housing Minister Grant Shapps confirmed today. The Minister laid new regulations that could cut as many as 8,500 planning applications from the system, freeing up councils to focus on local priorities. Currently landlords have to submit

Adjournment, suspension and stay possession proceedings

A common problem with seeking a possession order from the court is not only establishing the validity of notices but also the many adjournments that can occur. This article attempts to explain the law of adjournments and postponement of possession. Accelerated Possession Procedure Claim Struck out, Refused or Dismissed After possession ...

Postpone possession up to 6 weeks

If a tenant wishes to postpone the date for possession, they may ask the court for up to six weeks if exceptional hardship would be caused under section 89 Housing Act 1980. In addition, the court may not hold a hearing to determine exceptional hardship at any time on or after the date for possession given by the court. Section 89 Housing ...

Set Aside Possession Order

An order for possession may be set aside by the court if one party fails to attend a trial. Note: The word "trial" is important. The below rules do not apply to the initial possession hearing as normally only a few minutes are allowed. Therefore if a possession order is granted at the initial "hearing" and the tenant fails to attend, they ...