Library

Many tenants feel that it is within their rights to withhold their rent when the landlord is failing to carry out repairs to their property. Naturally, the tenant will feel aggrieved that they have to continue paying the full amount of rent for a property that is in disrepair. In many cases this leads to…

In this ever tightening rental market, it is understandable that landlords are looking at cutting their costs wherever they feel possible. One seemingly simple cost to remove is the agent, to then let their properties privately using social media. When considering this option, landlords need to consider the vast array of legal and compliance issues…

Over the last few years, the length of time for Landlords to get a possession case to court and to obtain the order have grown, such that many face months of delays in getting to a full trial – and resolution can take up to 12 months. Last minute cancellations can also be a costly…

The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) control descriptions used by estate agents, letting agents and can cover some private landlords; many of whom are equally guilty of not understanding the extent of them, or worse, blatantly ignoring them. They create criminal offences for traders that breach them. The Regulations…

The obvious answer is yes, in order to understand the problems and issues a property may have, as well as how they could affect a future tenancy or contractor doing maintenance. We are all aware of HHSRS, Fire, Electric, Legionella and Asbestos risk assessments; but a Pre-Marketing assessment? A case brought by the HSE against…

With fraud a growing issue in the property market, it is advisable to always check both the validity of title and if there are any rights the property has and any charges against the property. The Land Registry holds a wealth of relevant information that split into 3 groups: Property Register – description of the…

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…

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…

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…

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…

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…

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…