By way of a brief re-cap, Section 213 of the Housing Act 2004 provides: A Landlord must register a tenant’s deposit with an approved Tenancy Deposit Scheme within 30 days of receiving it; and That Landlord must also provide the tenant with information about their deposit – being specific information prescribed by The Housing (Tenancy [...]
Comment and advice on the latest legal issues, and answers to some of the questions we are often asked…
Tag Archives | landlords
What is a tenancy deposit?
In our previous blog posts, we have warned of the pitfalls in a landlord failing to comply with the requirements relating to tenancy deposits – i.e. the ability of a tenant to bring a claim against the landlord for the value of the deposit, plus compensation of between one and three times the deposit. But [...]
Proportionality in possession cases – another update
Avid followers of the Emsleys Housing Law Blog are only too well aware of the ability of a tenant of social housing to raise a defence to a possession claim under Article 8 of the European Convention of Human Rights – is the decision of the housing provider proportionate? I.e. is the means legitimate for [...]
The Purpose of Review in Ending Introductory (Starter) Tenancies
Those working in the Social Housing sector will be very familiar with the introductory, or starter, tenancy regime – i.e. a tenancy which effectively provides for a 12 month trial period before converting to either a secure or assured tenancy at the end of that period. However, if the landlord experiences any problems in that [...]
The Court’s Discretion in Tenancy Deposit Claims – a Judge’s view
Our recent article explained how the existing law in relation to tenants’ deposits changed as of 6 April 2012. One of those changes was that, if a Landlord fails to register a tenant’s deposit, or provide the tenant with prescribed information about their deposit, within 30 days of receipt, a Court may order the Landlord [...]
Easy Law for Landlords – legal training for landlords and property professionals
Housing Law is a fairly complex subject. It needs to be – it’s regulating an area of people’s lives that has an enormous impact on their health and wellbeing. We all need somewhere to live; “the market provides”, but not always adequately – and that’s where housing law steps in to ensure minimum standards, for [...]
Changes to the Tenancy Deposit Procedure – The Localism Act 2011
The Localism Act 2011 has introduced changes to the tenancy deposit procedure that all Landlords need to be aware of in respect of taking deposits from their tenants. Under the old procedure, Landlords had a period of 14 days to protect a tenant’s deposit via an approved Tenancy Deposit Scheme and then provide the tenant [...]
Break Clauses in Commercial Leases – Tenants Beware!
In today’s challenging economic climate, tenants who agreed conditional break clauses in a lease of their business premises a few years ago and who are now reliant on successfully exercising the break clause to protect their future business interests may be alarmed to discover just how difficult it can be. A break clause is a [...]
Why Lettings Agents should be regulated
In Leeds this week an estates and lettings agency has simply disappeared from view – shutting up their shop, removing all computer equipment and leaving unopened post on the doormat – as well as a lot of confused and disgruntled landlords and tenants. The Property Showroom, in Farsley, Leeds, was run by Ayrton Properties Ltd. [...]
