When we reach 1 October 2018, provisions of the Deregulation Act 2015 come into force, affecting all assured shorthold tenancies that commenced before 1 October 2015. Quite what those provisions are is a bit complicated, and may yet be subject to further...
How to Rent Guide – a bit of a snafu
There is a new version of the MHCLG 'How to Rent Guide' out (apparently updated on 6 July 2018). Though according to MHCLG it dates from 26 June 2018. This is because there was a bit of a mess up with the previous version. (Update. During the course of this...
Too soon?
Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing the prescribed information before a deposit has actually...
I can serve this only once – gas safety certificates
Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (Now with approved transcript of judgment) First our thanks to Matthew Cannings of 3 Paper Buildings for note of judgment and Richard Cherry of 33 Bedford Row for details...
When is a deposit returned? Once more with confusion
Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. June 2015 (link is to our note). Yeomans v Newell,...
Validity of section 21 notices – a flow chart
IMPORTANT - NOT YET UPDATED FOR 1 OCTOBER 2018 CHANGES. [Update 3 pm 03/06/2016 - improved flow chart with added HMO licensing section now at link below. Update 05/12/2016 - tidier version will small error correction. Update 07/03/2017 - correcting an error...
February is the cruellest month
Monday 1 February 2016 sees the commencement of the 'Right to Rent' regulations in all of England. All new private tenancies, sub-tenancies, lodgings, and licences (including property guardians) will be caught if it is the occupant's main residence....
Putting section 21 right – again.
Just a quick note to record that The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 have been made. The only purpose of these regulations is to address the mess that had been made of the prescribed...
1 October 2015 – section 21 day
[Update 29/09/2015. New regulations correcting the obvious errors in the new prescribed section 21 notice have now been made. See here.] On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21 notice on an...
Proposed changes to S.21
As well as the clauses introducing the retaliatory eviction proposals, the Government's proposed amendments to the Deregulation Bill would make some other changes to s.21. The effects would be: No s.21 notice can be served within the first 4 months of the...
Shome mishtake shurely: The RLA discover a defence to s.21
[Update 26/11/204. Rather gloriously and hilariously rudely, the RLA have replied. Their response and an explanation of why they are shooting themselves in the foot is now at the end of this post] As the second reading of the Teather bill on retaliatory...
Spencer v Taylor – section 21 news
The Appellant tenant in Spencer v Taylor [2013] EWCA Civ 1600 (our note here) has had permission to appeal to the Supreme Court refused, on the grounds that it did not raise an arguable point of law. This means that the Court of Appeal decision stands. Where...