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Painsmith Landlord & Tenant Blog
The Misuse of Drugs Act 1971 – What it means to Managing Agents
We have received quite a few helpline queries about the above Act and whether or not agents can refuse to supply tenant’s personal information to the police. The key obligations provided to an agent are covered by Section 8 of the Misuse of Drugs Act 1971. Essentially an agent is not responsible for drug activity [...]
We have blogged on the issues surrounding the release of Deposits following possession proceedings here. Many of you will be interested to note that the TDS have replied to this blog here. Filed under: England & Wales, FLW Article Tagged: comment, deposits, Housing Act 2004
From the 1st of this month the Land Registry launched Form LL which allows landlords to register a restriction for free against the title of their home when they do not live at the property. The restriction is designed to help prevent forgery by requiring a solicitor or conveyancer to certify they are satisfied that [...]
Money Claims- Changes to the rules
From the 19th March 2012 all claims for money only started in the County Court and not already subject to special procedures under the CPR will now be known as “designated money claims”. All of these claims must now be sent to the County Court Money Claims Centre which is based in Salford. The claims [...]
Can Freeholders charge for Consenting to Underletting?
Most long residential leases today contain some provision about underletting. Often the clause in the lease will require the Leaseholder to obtain the prior consent of the Freeholder or their managing agent. It is when this consent is sought that problems can arise. As ever the starting point should be the lease. Many leases have [...]
Survey of tenants in private rented sector.
The university of Winchester has launched a survey of tenants in a private rented sector. There is a real shortage of good information about the sector and Tenant’s experiences of it. Again, the government is in danger of making policy decisions in this information vacuum. PainSmith ask all readers of this blog to promote this [...]
LEASE INTERPRETATION: WHAT DO COURTS AND TRIBUNALS LOOK AT?
We have over the past few months referred in our articles to the fact that the starting point for LVTs and Courts in leasehold disputes is the lease itself. Often residential leases were drafted many years ago and are in a format which even to professionals can be difficult to assess but what are the [...]
How to prepare for an LVT Hearing in respect of service charges
For many people having an LVT hearing can be a daunting prospect and there first experience of dealing with a Court or Tribunal particularly in an unrepresented capacity. For the purpose of this blog post we are specifically referring to applications made under Section 27A of the Landlord and Tenant act 1985 although the principles [...]
Getting it wrong can be expensive….
When a landlord wants to begin work on a building it is important to follow the full section 20 consultation process, as shown by a recent decision from the Upper Tribunal of the LVT; Stenau Properties Limited and Karin Leek, Klaus Reckling and others. Stenau Properties Ltd had written to the leaseholders informing them of [...]
A short blog to highlight to readers that TDS and the Residential Landlords Association have created a fourth tenancy deposit scheme with price structures that are targeted at private landlords. The scheme is called Deposit Guard and the scheme will not charge an annual subscription fee or joining fee. For more information click here. Filed [...]