We have previously commented (fairly negatively!) on the plans to introduce compulsory membership of redress schemes for lettings and property management agency work which appeared at the last minute in the Enterprise and Regulatory Reform Act 2013.
Slightly surprisingly (actually it isn’t, that was a rhetorical device) the government has, instead of producing the consultation that was promised on this issue, produced a draft Statutory Instrument which sets out the requirements for any organisation that is seeking approval as a redress scheme provider.
There is not a huge amount of useful information in the draft SI, unless you are considering applying to be a redress scheme of course! There … Read the full post
News has reached us from RH Environmental of a case in Bristol Magistrates on HMO licensing and the counting of storeys. Unfortunately it is not binding but it is nonetheless interesting.
The case involves the licensing status of a two storey maisonette on the first and second floor of a property. There was accordingly (as tenants don’t fly) a separate private entrance and staircase leading from ground to first floor. Both sides agreed it was an HMO. The dispute was over whether it was a two or three storey HMO, three storey HMOs being subject to mandatory licensing. The report is limited but I am guessing the issue was actually … Read the full post
The Government has today published the Immigration Bill in the Commons. We have previously commented on this planned bill and we had been hoping that it might be quietly shelved or downgraded. However that appears not to be the case. From our point of view we are only interested in the housing related provisions in Chapter 1 of Part 3 (which start here) and I am not going to discuss the rest of the Bill.
Chapter 1 of Part is, as most of you will know, concerned with ensuring that private landlords have to do the Home Office’s job for them. Sorry what I meant to say there … Read the full post
…says the RLA. Personally I remain convinced that it is a lovely place and we should all move immediately. Why is the RLA less keen you might well ask. Well, the Welsh Government has today published the White Paper I response to the recent updated Renting Homes report produced by the Law Commission (which we wrote about here).
I am not going to follow the fad on television for repeating a mildly edited version of the previous post and then adding a small update at the end. I will only discuss here the new points, changes, and clarifications contained within the White Paper.
The Welsh Government is explicit in … Read the full post
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland)  UKSC 22
It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme Court.
You will have to bear with me as the facts are complex. I promise to keep it simple. Scottish Agricultural tenants have historically had very substantial security of tenure along with very powerful succession rights. Much the same situation has existed in England too at times. This is said to be good for land husbandry but is equally a reflection of post-war … Read the full post
Johnson & Ors v Old  EWCA Civ 415
The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.
The Law and The Problem
In s212(8), Housing Act 2004 there is a definition of a deposit as follows:
“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
(a)the performance of any obligations of the tenant, or
(b)the discharge of any liability of his,
… Read the full post
It comes as something of a surprise to many people that there is no formal regulation of lettings agents or any form of structured consumer redress of protection scheme. Apparently, this is something that also bothers our elected representatives, or some of them…a little bit.
Some of the aforementioned elected representatives were seeking to use the Enterprise and Regulatory Reform Bill which is currently in Parliamentary ping pong as a vehicle to do this. I would try to explain what this Bill is actually intended to do but in all honesty it is such a hodge-podge of items the list would extend well beyond your reasonable tolerance. Naturally, this sort … Read the full post