Recent Articles

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Failure to Comply with Initial Requirements

Paula O’Brien v Jacqueline Jones & Andrew Alexander (T/A Belvoir Huntingdon). Northampton County Court, Claim No 9KG00335 12/02/2010 This case raises an interesting and important point regarding compliance with the initial requirements of a tenancy deposit scheme. There is also a useful example of disrepair contained within the case. ...

Tenant moving from old HB to LHA

As was reported here, we have been working very hard on a case where a tenant ceased claiming housing benefit under the old rules. Then, three weeks later claimed again which in our opinion should have gone onto the new higher LHA rate. However, Cardiff council refused and treated the new claim as continuous from the old and therefore the ...

When has a claim been made?

Novitskya v (1) London Borough of Brent (2) Secretary of State for Work and Pensions EWCA Civ 1260 Prior to March 6, 2006, claims for housing benefit were governed by the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971). Regulation 72(1) required a claim for housing benefit to be made in writing and on a form approved for that ...

Couple of Interesting Cases

A quick blog entry to let you know of a couple of interesting cases we are currently dealing with. One of them is only potential at the moment. (1) We are now going to appeal on a housing benefit issue where the landlord increased the rent and the tenant was receiving Housing Benefit under the old rules. The tenant claims he was offered a job

Notice of Surrender

Introduction Where a tenant wishes to leave during a fixed term, or simply vacates without notice, this is an offer to surrender. A landlord may accept such a surrender or refuse to accept (see this article for much more detail). In the case that the landlord is willing to accept the surrender, it is best to have a notice to surrender from ...

Can the Tenancy be Assured Shorthold?

In most cases, an assured shorthold tenancy will be the required tenancy to give but there are some exemptions and before granting an assured shorthold tenancy, it is worth checking which you can do with our Tenancy Wizard. Schedule 1 of the Housing Act 1988 contains certain tenancies which cannot be assured or assured shorthold tenancies, ...

Section 21 Notices – Brief Overview

Introduction This series is a collection of articles relating to cases and opinion specifically relating to section 21 notices only. There maybe other cases on this website that are applicable so if you have not found what you are looking for, contact us a try searching again If you are wanting to simply know which section 21 notice to serve

Choose which Scheme

The Deposit Protection Service (DPS) http://www.depositprotection.com The DPS is the only scheme to offer both a custodial and insured tenancy deposit scheme. Both landlords and letting agents may use this scheme. Landlord members of the Guild get discounted rates to the insured scheme making it the cheapest insured scheme out of all ...

The Housing (Tenancy Deposits) Prescribed Information Order 2007

Section 213(5) Housing Act 2004 requires a landlord to give the tenant information as may be prescribed. (5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to— (a) the authorised scheme applying to the deposit, (b) compliance by the landlord with the initial ...

Water Charges

The Flood and Water Management Act 2010 makes significant changes to who is liable to pay water bills. In particular it will affect property owners. What's changing? The Flood and Water Management Act 2010 adds a new section 144C to the Water Industry Act 1991 . Currently, the "occupier" is the liable person for water bills (Guild members ...