After this post (and some substantial behind the scenes contacts from others), MHCLG have acknowledged that the amended Form 6A that had been put up on the gov.uk site should indeed not have been put up. The form 6A has been replaced with the version in the...
Deja vu all over again
[Update 12 August 2019 - MHCLG have acknowledged that this was an error and have corrected the form 6A on the gov.uk page, with a note. So that form is OK to use again.] On 8 August 2019, MHCLG published an amended Form 6A section 21 notice on the...
How to rent guides – sneak updates
Many thanks to Rich Greenhill (@RichGreenhill ) for spotting this. The last official update to the MHCLG 'How to Rent' Guide was on 31 May 2019, to take into account the Tenant Fees Act 2019. However, since then, there have been two further changes to the...
Fixed terms that then aren’t
Livewest Homes Ltd v Bamber (2019) EWCA Civ 1174 This was the Court of Appeal hearing of a second appeal on the issue of when six months notice of intention to terminate a tenancy must be given under section 21(1B). We noted the first appeal here. The brief...
Gas Safety and section 21 – late inspections
With grateful thanks to Oliver Fisher Solicitors for information on this case, which contains a fresh twist on the gas safety certificate and validity of section 21 rules that we have previously encountered here and here. Kaur v Griffith, County Court at...
Deposit penalties. How many breaches is too many?
Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We've seen the 'claims for multiple deposit...
1 June 2019 and the Private Rental Sector
1 June 2019 is quite a big day for the PRS. The Tenant Fees Act 2019 is now in force. The MHCLG Guidance for tenants, landlord and agents is here. Along with this, there is a new Form 6A, the mandatory form of section 21 notice, which must be used for all...
Getting Guidance wrong and the perils of not updating legislation
MHCLG recently (April 2019) put out a guidance document called "Landlord and tenant rights and responsibilities in the private rented sector". Under a heading "Guidance for tenants renting in the private sector: rights, responsibilities and advice", on page...
Don’t go changing…
Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC). This is an Upper Tribunal appeal on the meaning of 'variable service charge'. Mr W had an assured shorthold tenancy of a flat from Guinness. The tenancy agreement provided that the landlord would...
Misc – talking about Fitness, new section 21 notice, and leasehold shenanigans
This will be a busy few weeks for me on the Homes(Fitness for Human Habitation) Act. On the off chance that anyone wants to hear and question me and others on the Act, here are some dates and details: 15 May 2019 - HLPA meeting, with Steve Lawrence of the...
Troubles with TLAs – HMOs and EPCs
Home Group Ltd v Henry. County Court at Newcastle. 21 May 2018 For post October 2015 assured shorthold tenancies section 21A means that no s.21 notice may be served when the landlord is in breach of a prescribed requirement. One of those prescribed...
Deposits – Better to give than to receive
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B...