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An update on residential tenancies

Following our article on the Deregulation Act 2015 and what it means for landlords, we set out below the major changes coming into force as of 1 October 2015. In relation to Assured Shorthold Tenancies granted on or after 1 October 2015 One of the most important changes coming into force is the prescribed form of Section 21 Notice. This form is annexed to the new regulations and must be used. The days of serving Section 21 Notices when the tenant signs the tenancy agreement will also be long gone.…

Landlords operating a communal heating supply must act now!

Landlords of both commercial and residential buildings (including anything from small residential and commercial developments all the way to blocks of flats and shopping centres) which are heated, cooled or supplied with hot water from a central source and which have more than one tenant, each of which is paying for communal heating or cooling supplied by the landlord, may well be caught by the Heat Network (Metering and Billing) Regulations 2014. These regulations require landlords to provide technical details of the heating system or network to the National Measurement…

Service charges payable under leases

What is service charge? Essentially service charge is a payment made by the tenant to the landlord for costs that have been incurred in relation to services provided to the property. Charges may include costs associated with general maintenance, repairs, insurance, community central heating, lighting, cleaning of the common areas and gardening/landscaping. As a landlord am I obliged to provide services? This is subject to what the lease provides. Some leases will specify services that the landlord is required to provide. Others will mention which services the landlord may provide…

Deregulation Act 2015 and what it means for landlords

Over the last few years it has been widely reported in the media that the country has a housing crisis. With more and more people moving into rented accommodation, protecting tenants’ interests against rogue landlords has been high on the government’s agenda. Lobbyists have been calling for better protection for tenants, and landlords and practitioners have been requesting clarification on landlord’s responsibilities concerning the protection of tenant deposits. We reported last month that the House of Lords were to discuss the Deregulation Bill. The Bill received Royal Assent on 26…

Selective Licensing

The London Borough of Waltham Forest has given notice that the borough will be designated for selective licensing starting today, 1 April 2015. Where a property is a house in multiple occupation and licensed as such, selective licensing will not be required. Once selective licensing comes into force, any person operating a licensable property without a license will be guilty of an offence under section 95(1) of the Housing Act 2004 and shall be liable to prosecution. When managing your rental properties, please be aware that in order to issue…

Court fees set for rise on 9 March 2015

The Government has decided that as from 9 March 2015 there is to be an increase in fees for issuing Court proceedings with a value of £10,000 or more. Whilst there have been increases in Court fees over the recent years, this new increase reflects a substantial and significant increase and may prove to be prohibitive for Claimants. The figures on money claims As from 9 March 2015, money claims with a value which exceeds £10,000 but which do not exceed £200,000 will have an issue fee of 5% of…

A landlord’s guide to dealing with Anti-social Behaviour

Having to deal with anti-social behaviour will undoubtedly be one of the most daunting problems that a landlord will have to deal with. The general rule is that a landlord cannot be held liable for a tenant’s action unless they have authorised the anti-social behaviour. The first thing that may cross a landlord’s mind is how do they evict the tenant. Before embarking upon legal proceedings the landlord should consider discussing the matter with their tenant, but should their behaviour not improve seeking a possession order may be the only…

Protecting your assets: extending your lease

Many people who own a leasehold property will – at some point - face having to make a difficult decision about whether or not they should extend their lease. With an aging and growing population and with the continuing trend of developers building blocks of flats, this question can only become more prevalent. The first question that will, naturally, spring to cross one's mind is: how? Followed closely perhaps by: it is worth the time and expense? In an era where most people look for ways to create wealth, extending…

Immigration Act 2014 – Tougher responsibilities on landlords

Earlier this year the Government's bill to tackle immigration was passed. The Immigration Act 2014 ("the Act") broadens the policing on immigration by placing additional responsibilities on the public at large, and more precisely on landlords. Under the Act landlords will be expected to examine if a prospective tenant has the right to be in the UK. If a landlord is found renting a property to an illegal migrant without carrying out the necessary checks that is expected of them under the Act they may find themselves liable for a…

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