LegalMentor

14/03/2024

Important article on the proposed Renters Reform Bill

https://www.conservativewoman.co.uk/rent-bill-will-demonise-landlords-and-bankrupt-councils/?fbclid=IwAR2YBw4TfFPyh5Y7e6XVfVNc9uxX0jm_PACDPPwTGprPEwKv3lNyeJFoTDI

Rent Bill will demonise landlords – and bankrupt councils

21/10/2023

Abolishing Section 21 was only ever going to help wealthy housing solicitors to rip off landlords and the State (legal aid) by contesting poorly drafted possession claims. Tenants meanwhile would have had even less properties available to choose from

The Government has today confirmed it will NOT axe section 21 ‘no fault’ repossessions until improvements have been made to the courts, following extensive lobbying by the NRLA.

07/12/2022

Today at court we got relief from forfeiture of a lease for a tenant having difficulty bringing funds into the UK to pay his rent and arrears. Landlord will get his money by end of January. Tenant and family greatly relieved.

09/11/2022

An advocate recently told us of two district judges stating that a Section 21 Notice would not be valid unless the ‘How to rent: easy read’ booklet published in July 2021 had been provided to tenant, as THIS was the most recent version of the ‘How to Rent’ booklet.

This is incorrect in law. Until a new version is published, the December 2020 version should ALWAYS be used. Here is why:

2/4 The requirement in Regulation 3(2) of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 is that ‘The information is the version of the document entitled ‘How to rent: the checklist for renting in England’ that ‘has effect for the time being’.

3/4 The July 2021 version is called ‘How to rent: easy read’.

So the statutory instrument specifically states that the ‘How to rent: the checklist for renting in England’ from December 2020 must be used.

4/4 Also, the Gov.UK website specifically states that ‘How to Rent: easy read’ is ‘supplementary to How to Rent: the checklist for renting in England and is available as an additional supporting resource where appropriate’.

Always give the most up-to-date, non-easy read version to tenants. Which at the moment is December 2020.

If you disagree, let us know your reasoning.

An advocate recently told us of two district judges stating that a Section 21 Notice would not be valid unless the ‘How to rent: easy read’ booklet published in July 2021 had been provided to tenant, as THIS was the most recent version of the ‘How to Rent’ booklet. This is incorrect in law.

09/11/2022

‘How to Rent’ booklet confusions

An advocate recently told us of two district judges saying that a Section 21 Notice would not be valid unless the ‘How to rent: easy read’ booklet published in July 2021 had been provided to tenant, as THIS was the most recent version of the ‘How to Rent’ booklet.

This is incorrect in law. Until a new version is published, the December 2020 version should ALWAYS be used. Here is why:

The requirement in Regulation 3(2) of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 is that ‘The information is the version of the document entitled ‘How to rent: the checklist for renting in England’ that ‘has effect for the time being’.

The July 2021 version is called ‘How to rent: easy read’.

So the statutory instrument specifically states that the ‘How to rent: the checklist for renting in England’ from December 2020 must be used.

Also, the Gov.UK website specifically states that ‘How to Rent: easy read’ is ‘supplementary to How to Rent: the checklist for renting in England and is available as an additional supporting resource where appropriate’.

Always give the most up-to-date, non-easy read version to tenants. Which at the moment is December 2020.

27/09/2022

Yesterday we went to court for a London local authority tenant being evicted on the basis of a Notice to Quit signed by his (now) ex-wife. We got the claim dismissed, and all his costs. He was delighted. We are so pleased for him.

10/07/2022

Only 6% of private tenants prompted to leave by their landlords. So abolishing Section 21 Notices does not help 94% of good tenants, but makes it harder to move irresponsible tenants on. Rethink?

https://www.landlordzone.co.uk/news/truth-about-evictions-only-6-of-tenancies-end-because-landlords-ask-tenants-to-leave/?utm_source=newsletter&utm_medium=email&utm_campaign=LLZ_09_07_22

18/06/2022

No provision for students in the Renters' Reform White Paper makes the student business model untenable for landlords. One student in a house of 6 not leaving loses 6-9 months rent, with all 6 students liable. Rethink?

https://www.gov.uk/government/publications/a-fairer-private-rented-sector

13/06/2022

Landmark Court of Appeal judgment on the requirement in CPR 55.8(2) for a 'real prospect of success' to defend a possession claim

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2021/1835.html&query=(Global)+AND+(100)

i) That G100 had been granted sufficient right to pursue the possession claim and that in any event Ms Laleva was estopped from denying its right.

01/06/2021

New Section 8 and Section 21 Notices published today. Just not yet...

Renters will continue to be supported as national COVID-19 restrictions ease.

10/12/2020

NRLA proposals for the new Renters Reform Bill:

The Government remains committed to ending Section 21 repossessions as part of its Renters’ Reform Bill. Although no clear timetable has been provided as to when it will be published, the Housing Minister, Christopher Pincher MP, has outlined that the Bill will be brought forward when 'there is a ...

31/03/2020

If you are a landlord or a tenant, please contact us if you have any questions regarding the new rules for possession claims during this time of Coronavirus