Residential Property E-Briefs
On 6th March 2013, the Advertising Standards Authority (ASA) found against an estate agent (Your Move Lettings) in connection with a complaint made about fees chanrged to tenants.
Whilst the OFT acknowledges that many agents do comply with the law, being at present and unregulated sector, there are likely to be many “agents” operating within the market that behave in an unacceptable and unfair way.
The Court of Appeal has recently made a decision potentially affecting all landlords and tenants.
This briefing concerns a Deposit Penalty Claim heard in the Court of Appeal on 6th November 2012 – Ayannuga -v- Swindells (2012).
In the light of the recent decision in Beitov Properties Limited –v- Elliston Bentley Martin a Landlord’s must give some consideration to giving an actual address in a tenancy agreement. Section 48 doesn’t actually require this for rent to be due, and a Landlord should not be criticised for failing to give his actual address in the tenancy agreement. But in order to save the potential for arguments on the validity of notices, a Landlord’s actual address should certainly be given on any demands or notices served (including those under Section 8 Housing Act 1988).
For some time now the acts of rogue wheel clampers have caused some concern. That conduct will now be outlawed as a result of the Protection of Freedoms Act 2012.
The Legal Aid Sentencing and Punishment of Offenders Act 2012 received royal assent on the 1st May 2012. The Act contains provisions that make squatting in a residential building a criminal offence. Please note that these provisions are not yet in force.
I expect that you will have seen various reports recently about the changes made to the deposit protection provisions of the Housing Act 2004. I attach a briefing note which sets out the principal changes that have been by the Localism Act 2011 and which came into effect on 6th April 2012.
This briefing contains important information about a new initiative launched by the Land Registry to safeguard non resident homeowners against property fraud.
As we move into 2012 we see more residential tenants defaulting on their rent payments. A landlord should always act proactively and swiftly when faced with a defaulting tenant
If you own or manage a property where the boiler is located on an internal wall, it is vital that you take steps now to ensure that the flue can be properly inspected before the end of the 2012.
It is a landlord’s duty under various legislation to ensure the safety of premises which are let to residential tenants. This extends to inspection between tenants.
Can a tenant dictate the identity of a landlord’s agent who is permitted to enter his property to examine the state and condition of the premises.
Most property owners don’t give much consideration to the state of drains and sewers until a collapse or blockage might occur, at which time the scope for unpleasantness and damage increases significantly.