Library

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Does Data Protection (GDPR) apply to Maintenance?


Whilst one could argue that giving a contractor contact details for maintenance or repairs is needed as part of the tenancy agreement it is not a legal necessity: On the contrary, it is imperative that both the contractor and tenants are given a Privacy Notice which explains what data is being held by whom and…

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Do I need to visit my Property and how do I arrange it?


If it is not being done already, it will be essential under the Homes Act (2019) that regular visits are put into place; with HMO`s (Homes in Multiple Occupation) it will be a condition of the licence to operate and will be critical for future renewals of the licence. The type of visit can vary…

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How do I make sure I am covered and defend a future maintenance claim?


The simple answer is to be very diligent and keep excellent records, preferably on computer so they can be chronologically accessed. Ensure that all communications are date and time stamped. Check that all your contractors are using the same line of communication and not changing to texts or phone calls which are harder to record…

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How will a Property be defined as `Unfit`


A property that is deemed to be unfit for human habitation was defined in the Landlord and Tenant Act 1985: being “so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition”. The areas covered were comprehensive:- Repair Stability Freedom from damp Internal arrangement Natural…

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Homes (Fitness for Human Habitation) Act 2018 – a change of perspective?


As of 20 March 2019, the Homes (Fitness for Human Habitation) Act will interact with previous property maintenance and repair legislation and pull them all together. It will be essential to have a sound working knowledge of the essential sections of each bill to be able to provide the higher quality of accommodation that the…

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Homes (Fitness for Human Habitation) Act 2018


The Homes Act amends the Landlord and Tenant Act 1985, with the practical implications of the legislation affecting tenancies in England only. Landlords, and letting agents acting on their behalf, will be required to ensure that a property, and its common parts, are fit for human habitation at the beginning and for the rest of…

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Tenant Fee Act 2019


The 1st June gets ever closer and most landlords and agents are fully aware of it’s existence. Remember it is written along the lines of Roman law – if it is not allowed in the Act, it is NOT allowed and therefore, illegal. This Act in the main is black & white and relates to…

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ARLA Propertymark comments on news Bristol Trading Standards will be Lead Enforcement Authority for private rental sector


David Cox, Chief Executive, ARLA Propertymark comments on news that Bristol Trading Standards will be the Lead Enforcement Authority for the private rental sector: “We welcome today’s announcement of the Lead Enforcement Authority, and hope this is a major step forward in improving enforcement in the private rented sector. At the moment, there is a…

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Section 21 to be abolished – ARLA Propertymark’s response


Today, the Government announced its intention to abolish Section 21 notices for eviction, in an effort to create open ended tenancies for all private renters. Section 8 evictions are also set to be reformed, with a consultation launching shortly. Tenants are rarely evicted via Section 21 notices unless their landlord has a genuine reason for…

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Homes (Fitness for Human Habitation) Act 2019


  This Act comes into law on 20th March 2019 and has the potential to radically alter the responsibility of landlords to both their properties and tenants. Running in parallel with the HHSRS (Housing Health Safety Rating System), the Act looks at making a property more suitable and comfortable for a tenant to occupy, as…

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Gas Safety Certificates


  A little known case – Caridon Property Limited v Monty Shooltz – is causing potential shockwaves around the exact date of service of a current gas certificate to new tenants.     The previous acknowledged route was to make sure the tenant was given a valid gas certificate by and often at the start of the tenancy when signing the legal paperwork. This…

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Tenants – what do you need to check before deciding?


  There are various basic things to check as a tenant to make sure you have all of the correct information to make a properly balanced decision that should enable you to stay for a secure and safe tenancy:   The length of tenancy – make sure of the landlords intentions but bear in mind…

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