Related Legal Updates

  • Property Insight

    Property Insight November is Out Now

    Nov 28, 2014
    The November issue of Property Insight is now available to read online.
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  • Property Insight

    Property Insight: Section 21 Notices, CRAR, Anti-Money Laundering Practices

    Apr 11, 2014
    The redesigned Property Insight, our newsletter for landlords and estate agents, is out now.
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  • Considerations for Landlords Letting Residential Properties

    Sep 11, 2013
    According to research undertaken by the Association of Residential Letting Agents (ARLA), landlord investment in residential property increased significantly during the second quarter of 2013, despite a slight easing of tenant demand during the equivalent period. Becoming a professional landlord is synonymous with starting any other business. With the “buy-to-let” market apparently going from strength to strength it is all the more important for landlords to keep up to date with the legislation in relation to residential lettings which continues to be a minefield for the unwary. Equally there are a number of important issues which landlords should consider to avoid some of the most common pitfalls.
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  • Property Insight - Scottish Landlords - Safeguarding Tenancy Deposits

    Jun 03, 2013
    As highlighted in Issue 24 of Property Insight, since 6 April 2007, Landlords in England and Wales who rent properties on an assured shorthold tenancy in England and Wales have been required to protect the deposit they receive via one of three authorised Tenancy Deposit Protection Schemes under section 213 of the Housing Act 2004 as amended by section 184 of the Localism Act 2011. The scheme was set up with the intention of safeguarding tenancy deposits; to provide alternative methods for resolving disputes (as opposed to court litigation) in relation to deposits; and to punish landlords who failed to comply with their duty to protect the deposit.
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  • Advice for Landlords who are letting a residential property

    Mar 18, 2013
    With the “Buy-to-Let” market going from strength to strength, renting out property continues to be a popular method of generating income. Before letting out property, there are a number of issues for a landlord to consider which will help to avoid some of the common pitfalls.
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  • Commercial Tenants Beware: Conditional Break Clauses in Leases

    Feb 25, 2013
    With tenants increasingly looking to add break clauses into their leases (and/or looking to exercise them) and landlords anxious to retain tenants so that they are not left with vacant premises and a potential rates liability, the issue of break clauses, remains a “hot topic”.
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  • Landlords – Are you aware of the consequences of failing to protect your Tenant’s Deposit?

    Feb 06, 2013
    As the “buy-to-let” market continues to go from strength to strength, it is important for landlords to keep up to date with the law relating to residential lettings which continues to be a minefield for the unwary.
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  • Property Insight - Break Clauses for Commercial or Residential Leases need careful consideration

    Feb 01, 2013
    Break clauses are often the most controversial element of a lease. They provide the opportunity for either party to a lease to bring that tenancy to an end before the expiration of the fixed term originally granted. Although most commonly found in commercial leases, options to break can appear in Assured Shorthold Tenancies (“AST”). Indeed these are the only residential tenancies to utilise break clauses.
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  • Property Insight - Break Clauses in Assured Shorthold Tenancies

    Jan 28, 2013
    Break clauses are often the most controversial element of a lease. They provide the opportunity for either party to a lease to bring that tenancy to an end before the expiration of the fixed term originally granted. Although most commonly found in commercial leases, options to break can appear in Assured Shorthold Tenancies (“AST”). Indeed these are the only residential tenancies to utilise break clauses.
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  • Property Insight - What should a landlord do if a property is abandoned?

    Dec 05, 2012
    An Assured Shorthold Tenancy (“AST”) is brought to an end by surrender when the landlord and the tenant both agree that the tenant should yield up the remaining term to the landlord. If the AST is a joint tenancy, all of the joint tenants must agree to the surrender. The surrender may be express or by operation of law.
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  • Property Insight - Section 21 Notices under The Housing Act 1988 - What is a period of the tenancy?

    Sep 27, 2012
    As highlighted in the last edition of Property Insight the issue of what is meant by a period of an Assured Shorthold Tenancy (“AST”) has created difficulty. As it is a requirement that the expiry date in any notice requiring possession served under section 21(4)(a) of the Housing Act 1988 (“HA 1988”) must be the last day of a period of the AST, establishing what a period of the AST is vitally important.
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  • Property Insight - Section 21 Notices under the Housing Act 1988

    Aug 28, 2012
    Under the provisions of the Housing Act 1988 (“HA 1988”) in regard to a particular subset of Assured tenancies, namely Assured Shorthold tenancies (AST’s), there is a separate right to recover possession under section 21 HA 1988. Following the coming into force of the provisions of the Housing Act 1996, all Assured tenancies are assumed to be AST’s (subject to certain exceptions contained in HA 1988). Recovery of possession under section 21 HA 1988 is therefore open to the vast majority of landlords.
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  • Advice to struggling Commercial Tenants

    Jul 20, 2012
    Times are tough. The June quarters day rental payment has just passed and you may find yourself in a position where you have been unable pay your rent. Please do not wait for your Landlord to take action. Instead take positive action and try and open up negotiations with your Landlord for a rent reduction and/or restructuring of the rental payments.
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  • Property Insight - Assignment, sub-letting and parting with possession of Assured Shorthold Tenancies – Section 15 Housing Act 1988

    Jul 04, 2012
    The position when it comes to the assignment, sub-letting or otherwise parting with possession of an Assured Shorthold Tenant will differ depending on whether the assignment, sub-letting or parting with possession is of (i) a statutory periodic Assured Shorthold Tenancy (“AST”) (ie one which has arisen following the expiry of a fixed term AST), (ii) a fixed term tenancy or (iii) a periodic AST which is not a statutory periodic AST (ie one which has not arisen after the expiry of a fixed term AST). Each of these different situations is dealt with below:-
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  • Property Insight - Requiring a guarantor in respect of the tenant's default

    May 28, 2012
    It is usual for landlords to accept a deposit as security from the tenant but in some circumstances a landlord may also require a guarantee from a third party in addition to or sometimes instead of a deposit.
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  • Property Insight - New dangers to landlords for failing to protect the tenancy deposit and provide prescribed information

    Apr 26, 2012
    Since 6 April 2007, Landlords who rent properties on an assured shorthold tenancy in England and Wales have been required to protect the deposit they receive via one of three authorised Tenancy Deposit Protection Schemes (section 213 of the Housing Act 2004 “HA 2004”). The scheme was set up with the intention of safeguarding tenancy deposits; to provide alternative methods for resolving disputes (as opposed to court litigation) in relation to deposits; and to punish landlords who failed to comply with their duty to protect the deposit.
    Full story
  • The Pitfalls of Letting a Property

    Apr 06, 2012
    In the current economic climate, renting out a property you own has become a popular method of generating income.
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  • Property Insight - Enforcing an Order for Possession

    Mar 28, 2012
    If a landlord has obtained an order for possession they must not enforce it otherwise than by the issue and execution of a “Writ of Possession” or a “Warrant of Possession". Any attempt by a landlord to evict a tenant without the assistance of the Court gives rise to a claim for unlawful eviction.
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  • SE Watch - Tax allowances and letting properties

    Mar 07, 2012
    Welcome to our latest issue of SE Watch, which aims to provide our readers with up to date articles on a range of Private Client legal issues. This month we are discussing how to ensure you are prepared for the tax year end, and also provide you with some guidance should you be considering renting out a property.
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  • Property Insight - Termination of Assured Shorthold Tenancies by the tenant

    Feb 21, 2012
    Unlike in the case of landlords, there are no special provisions within the Housing Act 1988 directly governing termination of an Assured Shorthold Tenancy (“the AST”) by a tenant. An Assured Shorthold tenant may therefore bring the AST to an end in the usual ways provided for by law:-
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