Boarding Up of Property by Police and Liability The police have a legal obligation under the Police and Criminal Evidence Act 1984 (known as “PACE”) code of Practice B, paragraph 6.13(e) to secure property where forced entry has been made and where the property owner or occupier is not on scene. Police may also hold […]
Tenancy Deposit Scheme Breaches – Can There Be Multiple Breaches? Payment of a deposit by an assured shorthold tenant as security for performance of the obligations of the tenancy is the norm. The Housing Act 2004 (“the Act”) brought in the tenancy deposit scheme which required landlord to essentially protect deposits paid by tenants in […]
To Serve or Not to Serve – EPC’s and Gas Safety Certificates In a judgment handed down by the Court of Appeal in the case of Minister v Hathaway [2021] EWCA Civ 936, it was ruled that the landlords of an assured shorthold tenancy (that commenced prior to 01 October 2015) could serve a Section 21 […]
Corporate Tenant Struck Off – What Happens to the Lease? Unfortunately, over the last few years, and following the coronavirus pandemic many companies have floundered in the face of the economic downturn. In the worst cases, this resulted in them being removed from the companies register following insolvency. Companies can also be struck off the […]
Evictions in Wales The use of the current 6-month minimum notice period for serving (most) possession notices in Wales is being extended until 30 September 2021. This extends the temporary legislation enacted arising out of the coronavirus pandemic and affects evictions in Wales. The notice periods have been lengthened temporarily during the current pandemic to […]
Regulations in England have been passed which will reduce the current minimum notice periods from 6 months to 4 months for most possession notices served between the 01 June 2021 until 30 September 2021 (inclusive). These changes come into effect on the 01 June 2021, with further changes to section 8 notice periods (on the […]
New Section 8 Notice and Breathing Space for Tenants The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021 have been published which create a new prescribed section 8 notice for England. The changes of note incorporate information about the breathing space regulations which commence on 4 May 2021. This means […]
The ban on evictions extended to 31 May 2021 The ban on evictions extended to 31 May 2021 is unwelcomed by the majority of landlords. Business owners – many of whom have had to cease trading entirely during lockdown – are being given extra support after the government extended the ban on commercial evictions for […]
Eviction Ban Extended Further in England To further protect against Coronavirus transmission, the Government has passed The Public Health (Coronavirus) (Protection from Eviction) (England) (No. 2) Regulations 2021 (‘the Regulations’) which extends the temporary eviction ban in England. No eviction notices can be served on residential tenants nor can bailiffs execute warrants of possession of land […]
Updated Money Laundering Risk Assessments for Estate Agents and Letting Agents This article applies to both Estate Agents and Letting Agents. Estate Agents are regulated by HMRC. A regulated business must comply with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended by The Money Laundering and […]