Related Landlord & Tenant News

More and more tenants are fraudulently filing out tenancy agreements with fake names and dodging rental payments it has been revealed, and landlords need to be aware of the tricks people are using to avoid their tenancy obligations.

An Assured Shorthold Tenancy (“AST”) that was granted before 28 February 1997 had to be for a minimum fixed term of 6 months. However, with an AST created on or after 28 February 1997 there is no requirement that the AST has to be for a minimum term.

The government has announced it will be vigorously targeting council house tenants who sublet spare rooms and that it is ready to introduce criminal offences to crack down on the "scandal" of housing tenancy fraud and abuse in the UK.

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.

Over 25% of private rental homes in the UK are littered with major safety hazards and landlords are risking the serious injury and death of their tenants.

Under any assured shorthold tenancy (“the AST”) the Housing Act 1988 (“the Act”) gives a landlord a right to possession of his/her property against any assured shorthold tenant after the expiry of the fixed term and after the expiry of a notice requiring possession served upon the tenant pursuant to the relevant provisions of section 21 of the Act (Section 21 Notice”).

UK landlords must carryout background checks on potential tenants before letting any of their properties, the National Landlords Association (NLA) has warned.

Landlords up and down the country have been told to make sure their properties are prepared for this winter’s cold snap.

While the availability of house purchase loans continues to suffer, the number of buy-to-let loans issued recently has gone the other way entirely.

The government risks pushing three-quarters of the UK’s private landlords out of the Local Housing Allowance (LHA) market if proposed caps on housing benefit payments are enforced.

As the demand for rental property continues to go through the roof, more and more people are being forced to give up their pets because their landlords won’t allow animals in their properties.

Property owners in London could earn roughly £23 million over the next year by renting spare rooms out to tourists eager to see the 2012 Olympic Games.

Two Northern landlords have been jailed and ordered to pay close to £9,000 in costs after renting out properties described as “death traps” by fire service investigators.

In standard tenancy repossession hearings, one of the more common grounds for possession that landlords rely upon is that their tenant is at least 2 months in arrears with their rent payments, which is ground 8 of Schedule 2 of the Housing Act 1988.

The private rented sector is unaffordable for more than half of the UK’s ordinary working families, homeless charity Shelter has claimed.

Purchases of buy-to-let mortgage products soared by 25% over the past six months as lenders offering higher loan-to-value (LTV) mortgages increase, the National Landlords Association has reported (NLA).

Thinking about making the most of your spare room at next year’s Olympics? Well, think again

In recent times, the need for landowners to be vigilant over their property is increasingly important. There are various methods in which owners can either lose ownership of their land or 3rd parties can acquire rights over it. Examples are where land is adversely possessed, compulsory purchased or dedicated as a highway.

The National Association of Estate Agents has called for a review of the ‘postcode lottery’ with regard to short term lettings in the capital

With the country still reeling from the nationwide riots, the National Landlords Association (NLA) has warned that evicting council house tenants who took part in the mayhem risks shifting the problem of anti-social behaviour into the private-rented sector.

An assured shorthold tenancy is a type of assured tenancy. The assured shorthold tenancy was created by legislation to enable a landlord to let his/her property with the knowledge that he/she would be able to recover possession at the end of the contractual term without having to rely upon the usual assured tenancy grounds set out in Schedule 2 of the Housing Act 1988.

Thousands of tenants up and down the UK risk falling foul of the law if they continue to sub-let spare bedrooms to paying guests.

Despite claims that UK commercial property tenants are more satisfied with their landlords’ service than last year, service charge arrangements continue to bring unneeded friction, the Occupier Satisfaction Survey 2011 has found.

As the demand for rental properties continues to remain strong and more people consider becoming a landlord for the first time, along with existing landlords looking to further extend their property portfolios, we seek to highlight some of the main legal issues regarding the Buy-to-Let market.

As the UK property buyers' and sellers' market continues to falter, landlord optimism is at its highest point for almost four years.

Leading Banbury legal firm Spratt Endicott has received recognition from the Law Society with the presentation of its Conveyancing Quality Standard (CQS), an award given to recognise the outstanding contributions of legal firms to high-quality conveyancing practices.

Since 6 April 2007, Landlords who rent properties on an assured shorthold tenancy in England and Wales must protect the deposit they receive via an authorised Tenancy Deposit Protection Scheme (section 213 of the Housing Act 2004 “HA 2004”)). The scheme was set up with the intention of safeguarding tenancy deposits; to provide alternative dispute resolution methods of resolving disputes in relation to deposits; and to punish landlords who failed to comply with their duty to protect the deposit.

Despite a landmark ruling last year in favour of the Office of Fair Trading against estate agents Foxtons, which ruled that some of their fees were like a "trap" for landlords, the OFT has warned that unfair contract terms are still being used by letting agents

Private tenancies have soared 55% in the last six years as more and more young people are priced out of the UK housing market, a new survey has found.

Where a tenant is causing nuisance or annoyance to neighbours or others, private sector landlords are confined essentially to the traditional remedy of possession or, in a limited number of cases, an injunction for breach of a term of the tenancy.

Buy-to-let property has long since been an attractive investment and has proven lucrative for professional landlords during the recent economic downturn when demand for rental properties has increased. Buy-to-let demands more legal assistance, and this article seeks to briefly examine the main legal concerns.

As mortgage finance becomes available and the demand for rental properties continues to boom, The National Landlords Association (NLA) has warned those looking to extend their Buy-to-Let property portfolios to do so in a sustainable manner

A landlord, who pleaded guilty to five breaches of the Fire Safety Order (2005), has been ordered to pay £5,500 in fines and an additional £2,400 in costs after prosecution at York Crown Court this May.

Landlords up and down the country are increasingly optimistic about the future of the buy-to-let market as tenants continue to flood the market, according to the latest survey from LSL Property Services.

The Energy Bill has now had its second reading in Parliament This has resulted in several amendments including new proposals to make landlords responsible for meeting minimum energy efficiency standards in respect of their properties

The Government’s recent overhaul of housing benefit provisions has lead to an increase in the number of late rent payments over the past year, research by the National Landlords Association has found.

A Wycombe landlord has been fined after an investigation into one of his properties uncovered a number of dangerous defects regarding gas appliances.

This is the second part of an article discussing Insolvency of an individual tenant. Having previously discussed Individual Voluntary Arrangements, this issue of Property Insight discusses the implications of bankruptcy of a tenant on landlords’ rights.

The case of London Borough of Hounslow v Powell was decided in the Supreme Court in February

A Scarborough man has been issued with a 12-month community order and told to complete 50 hours of unpaid work after fraudulently renting a flat whilst posing as a landlord

Investment opportunities in the UK buy-to-let market are on the up and up as demand for rented property continues to grow rapidly, new research has revealed

The High Court has ruled on the correct service of notices in relation to break clauses in the recent case of MW Trustees (and others) v Telular Corporation [2011]

Tenants across the UK have seen their rental prices increase for the second consecutive month this march, as demand for rental property continued to outweigh supply, new research has indicated.

In the current climate all landlords are affected by tenant insolvency. This article is the first of a two-part article discussing Insolvency of an individual tenant.

The recent Court of Appeal case of Baxter v Mannion [2011] saw judges rule against the position as reflected on the Land Registry in favour of the true reality of the situation

The Supreme Court in the cases of Hounslow v Powell, Leeds v Hall and Birmingham v Frisby [2011] has stated that councils and housing authorities are required to consider whether it is proportionate to evict occupants who have introductory tenancies or license agreements, as well as secure tenancies. 

UK tenants are suffering from an increase in living costs as rents continued their upward trend this February, research has indicated.

Tenants should be giving the right to decide to whom their Housing Benefit payments are issued, that’s the argument being put forward by the Residential Landlords Association (RLA).

As the residential property market continues to stumble under the weight of economic uncertainty, rental prices are rising rapidly in the face of strong tenant demand and a shortage of available properties, research has indicated.

The Sunday Telegraph backed by a number of MP’s is campaigning for a change in the law relating to squatters following their occupation of various historic buildings in London.

A record number of residential tenants are setting up cannabis farms in rented properties, that’s the warning from Insurance provider Aviva following a bumper crop of payouts to landlords in the past year

UK tenants welcomed the second consecutive monthly fall in housing rental prices this January, as investors piled into the buy-to-let market, current research has indicated.

Legal disputes between disgruntled commercial property landlords and their tenants increased by an astonishing 43% in 2009, according to figures obtained by legal information service Sweet amp; Maxwell.

Demand for rented property hit a two-year high as 2010 came to a close, according to a recent survey of UK landlords.

Ever since the previous government introduced laws requiring landlords to pay tax on empty industrial, office and retail premises, in 2008, the number of charity shops taking short term leases of rented premises has increased

Under the provisions of the Housing Act 1988 there are eighteen different grounds upon which a landlord can rely when seeking a Possession Order for their property which their tenant occupies under an Assured Tenancy agreement (whether Shorthold or otherwise).

Since 6 April 2007, Landlords who rent properties on an assured shorthold tenancy in England and Wales must protect the deposit they receive via a Tenancy Deposit Protection Scheme. The scheme was set up with the intention of safeguarding tenancy deposits and to provide alternative dispute resolution methods of resolving disputes in relation to deposits.

Landlords are being reminded that they are legally required to have gas appliances they supply in their properties checked annually for safety and to prevent carbon monoxide poisoning.

The Government has launched an initiative to assist Local Authorities in tackling tenancy fraud by council and housing association tenants.

The purpose of this article is to clarify the position where a tenant wishes to assign an Assured Shorthold Tenancy. The ability of a tenant to assign an Assured Shorthold Tenancy varies depending upon whether:

A badly burned student is seeking compensation from her former landlord.

The purpose of this article is to clarify the unfortunate position where a tenant dies during the subsistence of an Assured Shorthold Tenancy. The effect this has on the tenancy will depend on a number of factors including:

Carbon monoxide (CO) Awareness Week has prompted a reminder for landlords of their legal obligation to ensure tenant safety

Tenants in private rented and social housing sectors could face severe financial difficulties in the wake of Government austerity measures, new research has suggested.

Since 6 April 2007, Landlords who rent properties on an assured shorthold tenancy in England and Wales must protect the deposit they receive via a Tenancy Deposit Protection Scheme. The scheme was set up with the intention of safeguarding tenancy deposits and to provide alternative dispute resolution methods of resolving disputes in relation to deposits.

A landlord who was misled about the rental potential of his property has been awarded compensation.

As the Government rolls out the biggest wholesale spending cuts for a generation, experts have feared that everything from social rents to house prices could suffer within the property market.

As the Government rolls out the biggest wholesale spending cuts for a generation, experts have feared that everything from social rents to house prices could suffer within the property market.

Members of The Association of Residential Lettings Agents (ARLA) have expressed concern over the welfare of individuals and families who rent property.

Thousands of UK homeowners are taking in lodgers to boost their finances amidst economic uncertainty and the number is rapid increasing, according to new studies

Rights of the tenant A tenant has the right to ‘quietly enjoy’ the property that they rent. ‘Quiet enjoyment’ does not mean that the tenant must be undisturbed by noise. It means that the tenant should enjoy the possession of the property without the landlord interfering.

Residential landlords with tenancies of up to £100,000 a year are reminded they will automatically default to an Assured Shorthold Tenancy (AST) from October 1 and deposits may have to be protected

A London landlord who let a nine bedroom property to paying tenants has been heavily fined after investigations found he failed to obtain the correct housing licence

Britain’s commercial property sector prices fared poorly for the fifth consecutive month in August while occupiers have begun voicing their concern over lack of customer service

Widespread cuts to public benefits could have a far-reaching effect on the nation’s lettings market as landlords fear slashes to housing allowances could increase homelessness and reduce rental income

Almost one million people have been the victims of scams carried out by private landlords, a housing charity has warned

Pockets of UK tenants are being unfairly targeted by rogue landlords intent on ignoring protection laws, a leading charity claims

Landlords and agents in different parts of the country will face different regulations about whether planning permission will have to be sought to change a one-household property into a shared one following a change in government plans

Cannabis farms, unwanted extensions and bribes, just some of the alarming problems faced by British landlords in the past 12 months, according to market surveys

Record tenant demand and rising rents have strengthened the lettings market while homeownership struggles to regain its footing post-recession

Landlords increased their rents for the sixth consecutive month during July as the availability of properties to let remained tight, research has indicated

Almost half of the nation’s possessions by landlords are a direct result of rental arrears, according to research published by the National Landlords Association (NLA)

Property experts have warned landlords to keep personal and financial documents away from rented properties and ensure identity theft is kept to a minimum

British and overseas tenants should take care before signing property rental deposit schemes following a string of online abuses, the National Landlord Association (NLA) has advised

SECTION 8 NOTICES - There are two types of Notice which a Landlord must serve before issuing proceedings to recover possession of an assured shorthold tenancy: a Section 21 Notice and a Section 8 Notice.

With the nation’s housing market still unpredictable, demand for rental accommodation has reached record levels in the past year, market research has revealed

Investors previously scared of Chancellor George Osborne’s Capital Gains Tax (CGT) hikes have flooded the buy-to-let market after expressing relief at the softened increase.   Prior to June’s Budget, buy-to-let investors were openly voicing concerns over an alleged hike in CGT, up to 40% according to some experts

A Hertfordshire gas fitter has been fined more than £2,000 after illegal fittings and outdated qualifications lead to an elderly couple being poisoned by carbon monoxide.

Consumers struggling under mountains of debt are becoming increasingly worried about their rental accommodation and likelihood of evictions, according to new research

Landlords are preparing for a spending surge on the country’s housing market, with terraced properties top of their wish lists, new research has revealed

To reduce burdens for landlords and town councils, the government has made it easier for landlords to rent out shared properties while improving local government control of rental communities

"An Assured Tenancy can not be brought to an end by the Landlord except by obtaining an Order of the Court in accordance with the following provisions” – Section 5(1) Housing act 1988.

On 8 April 2010 the Mortgage Repossessions (Protection of Tenants etc) Bill received Royal Assent and is now close to becoming law. The proposed Bill seeks to strengthen the rights of ‘unauthorised’ tenants that live in a property which is repossessed by their landlord’s mortgage provider.

Landlords must ensure their properties and appliances are fully compliant with gas safety legislation after research shows an alarming number are gambling with tenants’ lives

Spratt Endicott Solicitors and Let Insurance Services are running a FREE seminar on issues important to Letting Agents and Property Managers.

The government has announced through the National Landlords Association (NLA) that the threshold for Assured Shorthold Tenancies (ASTs) will rise from £25,000 to £100,000 and will be applied retrospectively from October 1st.

More and more criminals are using residential, privately-rented properties to operate illegal practices at major cost to hard working landlords, according to the National Landlords Association (NLA).

New Insolvency Service statistics have shown that the number of Britons edging towards bankruptcy will swell dramatically as borrowers fail to seek proper help from their creditors.

Here in our Property Recovery Department we are often asked a range of questions regarding various property related issues.

A list of landlords’ worries for the year ahead has highlighted existing regulations as a number one concern, and, with more regulations possibly on the way, 2010 could be a cautious year for the letting market.