The Government have now launched their consultation on the proposed repeal of section 21 evictions and to end the assured shorthold tenancy regime. The consultation paper states: “We intend to deliver the intention to remove section 21 by removing the assured shorthold tenancy regime. Section 21 notices can only be served under assured shorthold tenancies […]
A tenancy deposit scheme safeguards tenancy deposits paid in connection with shorthold tenancies. Landlords commonly require tenants to pay a deposit, as security for any damage that the tenant may do to the property. Chapter 4 of the Housing Act 2004 sets out the framework for tenancy deposits. The core purpose of Chapter 4 of […]
Hammersmith & Fulham LBC v Monk [1991] UKHL 6 (05 December 1991) Though old, this case concerned the effect of a notice to quit given by one joint tenant without consent of the other joint tenant in relation to a periodic tenancy. Mr Monk and Mrs Powell held a periodic tenancy as joint tenants at […]
Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch) The tenant operated a high-class art gallery from the ground floor and basement of a five-storey building in Mayfair. Under the 20 years lease, the landlord reserved an express right to alter or rebuild the building, even if the gallery (or its use or […]
After the first news concerning the section 21 evictions being abolished, the Prime Minister Theresa May gave a speech today at the Housing 2019 conference. The Prime Minister stated: “We are re-balancing the relationship between tenant and landlord, making major changes that will make an immediate and lasting impact on the lives of millions of […]
A Government-commissioned review into selective licensing has backed the creation of a national landlord register. Currently, certain designated areas require landlords to obtain a property license and failing to do so can result in a fine of up to £30,000 or prosecution in which the court could impose an unlimited fine. Tenant can also apply […]
Renting boats may at first instance seem the same as letting property which is part of land, such as a house. However, the problem some landlords have faced is the determination of whether renting a boat creates a tenancy or a license. A tenancy creates interest in land, as the courts have found, a boat […]
Please note: this guidance applies to England only. What fees can I ask a tenant to pay? You cannot require a tenant (or anyone acting on their behalf or guaranteeing their rent) to make certain payments in connection with a tenancy. You cannot require them to enter a contract with a third party or make […]
New Form of Section 21 Notice The Section 21 Notice is being amended to incorporate the changes made under the Tenant Fees Act 2019 which brings further restrictions on serving a Section 21 Notice under the Housing Act 1988 where a landlord has taken a prohibited payment. The amendments to the Section 21 Notice (Form […]
The Governments data shows it is taking longer for landlords to repossess properties through the courts. However. the number of landlord possession actions for all court stages have decreased. Figures from the Ministry of Justice show it took 17.3 weeks on average for a claim to result in a repossession. This is one week longer than […]