Savage Legal Services, Chorley (2026)

15/10/2026

Student tenants moved in a few weeks ago, but was the Ground 4A statement given before the tenancy was signed?

It’s worth checking now, rather than finding out next summer that a key step was missed.

Ground 4A can allow a landlord of an HMO let to full-time students to recover possession where they intend to re-let it to another group of students, but there are specific requirements that need to be met.

For a new tenancy, the written statement must have been given before the tenancy was entered into.

There are timing rules too. The tenancy must generally have been agreed no more than six months before the tenant became entitled to possession, and any later Ground 4A possession notice must give at least four months’ notice, with the relevant date falling between 1 June and 30 September.

If you manage student accommodation, now is a good time to check the file.

- Was the statement given?
- Was it retained?
- Is that step built into your process for future student lets?

Finding out next summer that it was missed is far too late.

13/10/2026

A tenant passes every affordability check on paper, but part of their income comes from Universal Credit.

They’re then rejected.

Is that an affordability decision, or could the process itself amount to rental discrimination?

Landlords and letting agents can still carry out affordability checks, but benefit income should be taken into account and treated in the same way as other income when deciding whether an applicant meets the required affordability criteria.

That means a referencing process which ignores benefit income, gives it less weight, applies a higher threshold because someone receives benefits, or causes them to fail because of where their income comes from could create a discrimination issue.

And using a third-party referencing company doesn’t remove that responsibility. The rules can apply to landlords and those acting on their behalf, including letting agents and referencing services.

08/10/2026

A landlord gets possession of a property because they intend to sell it. The tenant leaves. The property goes up for sale. Then the sale falls through. Can the landlord just put it straight back on the rental market?

Not necessarily.

If Ground 1A was used to recover possession, there is a restricted period during which the property cannot simply be re-let or marketed to let.

That includes more than just signing a new tenancy.

It can include advertising the property to rent or, during letting-agency work, telling someone that the property is or may be available.

So if a landlord comes back to an agent and says:

“The sale has fallen through. Can you get it listed for rent again?”

Check how possession was recovered and whether the restricted period is still running. There are exceptions in some circumstances, but a failed sale does not mean the landlord is free to change course.

For landlords and letting agents, possession can create compliance issues even after the tenant has left.

06/10/2026

Possession claims are starting to move onto a new digital service, but this does not mean every landlord can now use it.

The new Possession Claims service under the Online Procedure Rules is being introduced in phases.

For claims in England, the first phase applies to proceedings started from 12 noon on 29 September 2026 where:

✅ The claimant is a registered provider of social housing
✅ The claim is for possession of social housing
✅ The property is within one of the specified postcode areas
✅ The claim would be allocated to Bradford, Huddersfield or Wandsworth

Other possession proceedings continue under the existing Civil Procedure Rules, and there is also the existing Possession Claims Online service for certain qualifying claims.

Also, the new service does not cover every type of possession case. Accelerated possession proceedings, interim possession orders, possession claims against trespassers and relief against forfeiture are among those excluded.

So before assuming a possession claim should now be started through the new service, check:

🔹 Who the claimant is
🔹 Where the property is
🔹 Which court centre would deal with the claim
🔹 Whether the type of possession proceedings is actually covered

This is a phased procedural change, not a complete switch to a new possession system.

01/10/2026

The revised Right to Rent Code comes into force today.

If you’re a landlord or letting agent in England, it’s worth checking whether anything has changed in the way you carry out Right to Rent checks.

The new Code applies where an initial Right to Rent check, or a repeat check on an existing occupier, is required on or after 1 October 2026 to establish or retain a statutory excuse.

There’s also a revised anti-discrimination Code in force from today.

That means this isn’t just a case of knowing the guidance has changed. The process being followed in practice needs to reflect it too.

Does your team know which checking route should be used in different circumstances? Are they comfortable using eVisas and the Home Office online service? If you use a digital verification service provider, are you using a registered provider approved to carry out Right to Rent checks? And does your process cover situations where the Home Office Landlord Checking Service needs to be used?

It’s also important that applicants aren’t treated less favourably because they have a time-limited Right to Rent or because a different checking route is required.

For letting agents especially, this is a good time to check the process your team follows, rather than relying on the fact that there’s already a policy sitting somewhere on file.

From today, that process needs to reflect the revised Code.

29/09/2026

A tenant emails their letting agent and asks:

“Is it OK if my partner moves in?”

It's a fairly routine property-management request, but a request like this isn’t always as straightforward as it seems.

- Is the partner going to be an additional occupier, or are they going to become a tenant?
- What does the existing tenancy agreement say about additional occupiers?
- Are there any Right to Rent requirements that need to be dealt with?

In England, Right to Rent isn't simply determined by whether someone's name appears on the tenancy agreement. The rules can apply to adults who will occupy the property as their only or main home, so if another adult is being given the right to occupy the property, the Right to Rent position needs to be addressed.

And Right to Rent isn’t the only thing that might need looking at.
Depending on the existing occupation of the property, it may be necessary to consider HMO or licensing requirements too. This doesn't mean a tenant asking for their partner to move in automatically creates an HMO, as couples living together are treated as one household for HMO purposes.

For letting agents, it's another example of how a fairly ordinary management request can touch several different areas at once. It comes down to being clear about what the tenant is asking for, dealing with anything that follows from that and keeping a clear record of what’s been agreed.

24/09/2026

A tenant passed their Right to Rent check when they moved in. Everything has carried on normally since then. But their Right to Rent was time-limited.

Who in your office is responsible for making sure the follow-up check happens?

This is worth thinking about before the revised Right to Rent Code comes into force on 1 October, because where a time-limited statutory excuse has been established, a follow-up check will be required before it expires if the landlord or agent is to maintain it.

If an agent has taken responsibility for Right to Rent checks, the written agreement should make clear whether that includes the initial check, follow-up checks, or both.

But what happens when that follow-up date eventually comes around. Does your property-management system automatically flag the date? Does somebody schedule a reminder manually? Or does it effectively rely on someone remembering?

I’d be interested to know how other letting agents are managing this in practice.

How do you currently track Right to Rent follow-up checks?

22/09/2026

Can an agent instruct a contractor to let themselves into a property if the tenant has been given ample notice but hasn’t confirmed the appointment?

It’s the kind of situation that can arise in property management, especially where a repair has already been arranged and everyone is trying to avoid delays. However, I would be cautious about treating notice of a proposed visit as automatic permission to enter.

The first thing to check is what the tenancy agreement says about access, the reason access is required, how urgent the issue is and what communication has taken place with the tenant. If the tenant has previously agreed that contractors can enter while they’re out, that should obviously be taken into account, but if there has been no response at all, I’d be more cautious before telling the contractor to use a management key.

There is also a clear difference between a genuine emergency, where immediate access may be necessary to protect the property or neighbouring properties, and a routine inspection or repair that can be rearranged without risk.

From an agent’s perspective, the decision should also be supported by a clear file. That means keeping the notice sent to the tenant, the repair report, records of calls or messages, the relevant tenancy terms and a note of why access was considered appropriate in the circumstances.

Agencies often develop their own procedures around access, and those procedures are not always tested until a tenant later complains about what happened.

For that reason, where there is any uncertainty, I’d want the decision to be based on the facts of the particular case rather than an assumption that 24 hours’ notice automatically gives authority to enter.

17/09/2026

The PRS Database starts rolling out in December, and one question I suspect a lot of letting agents are going to hear is:

“Can you just deal with that for me?”

The government has confirmed that the new “Register your rental property” service will launch in the West Midlands on 15 December before being rolled out across England region by region.

Landlords will be legally required to ensure themselves and their properties are registered, but in practice, many fully managed landlords may expect their agent to handle much of the administration for them.

If you already manage the tenancy, arrange the gas safety certificate, keep the EPC and electrical information, advertise the property and maintain the compliance records, it’s not difficult to see why landlords may assume the database will simply become part of the management service too.

That raises some important operational questions.

Who collects the information, who checks it, who updates it when something changes, and who makes sure registration deadlines and future requirements aren’t missed?

There is also a wider contractual point. What does the management agreement actually say about responsibility for this kind of administration?

The statutory responsibility may sit with the landlord, but that still leaves the commercial question of how much of the process a fully managed landlord will expect their agent to take on.

There is more detail to come as the service rolls out, but agencies may want to start thinking now about how this will work in practice.
If you’re a letting agent, what are you planning to do?

Will PRS Database administration become part of full management, a separate paid service, or something you expect landlords to handle themselves?

15/09/2026

Why the rent arrears figure in a Section 8 Notice matters.

Rent arrears can feel like one of the more straightforward reasons for a landlord to recover possession of a property, especially where the tenant has stopped paying rent, the arrears are continuing to increase and the landlord has already tried to resolve matters without taking formal action.

However, even where there are genuine rent arrears, the process still needs to be handled carefully because a possession claim is not just about proving that money is owed, it is also about making sure the notice, the figures, the tenancy history and the supporting paperwork are accurate before the matter gets anywhere near court.

One issue I see quite often is that the arrears position is more complicated than it first appears.

There may have been earlier arrears under a previous tenancy, a new tenancy agreement, refurbishment works, informal arrangements, missed payments, guarantor issues, complaints about the property, or other alleged breaches of the tenancy agreement that all need to be looked at properly before a notice is served.

If the rent arrears figure in the Section 8 Notice is wrong, that can create problems for the landlord later because the tenant may challenge the notice, the court may need to consider whether the notice is valid, and the landlord may be left dealing with delay, extra cost and avoidable risk.

This is especially important where a landlord has already served a notice before taking advice, because what looks like a simple rent arrears matter can quickly become more difficult if the notice has been based on the wrong information.

In a recent case I dealt with, a landlord came to me after trying to recover possession of a rental property where the tenant had fallen into arrears.

The background was not straightforward. There had been arrears under a previous tenancy agreement, refurbishment works at the property, a new tenancy agreement, further missed rent payments, and additional concerns about breaches of the tenancy agreement. The tenant was also arguing that the landlord should recover the unpaid rent from the guarantor, rather than pursuing them directly.

When I reviewed the paperwork, it became clear that the Section 8 Notice already served was invalid because the rent arrears figure stated in the notice was incorrect.

I advised the landlord on the correct steps to take and prepared a valid Section 8 Notice based on the accurate rent arrears position.

The tenant then contacted me directly, arguing that the guarantor should be responsible for the arrears and raising potential issues with the property. I explained the tenant’s obligations under the tenancy agreement, the landlord’s position, and that possession proceedings would be pursued if the arrears were not cleared and the property was not vacated.

Following further negotiation, the tenant and guarantor agreed to surrender the tenancy, repay the arrears and contribute towards the landlord’s legal costs. I prepared a Deed of Surrender and Settlement Agreement so the matter could be brought to a clear conclusion.

The landlord recovered possession of the property and the money owed without needing to issue costly possession proceedings.

For landlords and letting agents, this is a reminder that the detail behind a rent arrears claim matters.

Before relying on a Section 8 Notice, it is worth checking the rent schedule, the tenancy agreement, any previous arrears, any guarantor documentation, any property condition issues, and the exact figure being relied on.

A notice may look like a simple document, but if the figures or process are wrong, it can put the landlord on the back foot before the claim has even started.

Savage Legal Services

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