Transcript Legal Update - ARLA - Association of Residential Letting

Legal Update
Tim Reid
19 March 2014
Speaker
Tim Reid
 Solicitor
 Accredited Commercial
Mediator
 Member of the Property
Litigation Association
Tenants Charter
 Initial press release October 2013
 Still in draft
 Model agreement to include, longer
terms, break clauses and rent
reviews
 Greater flexibility
 Scheme for Redress
 Landlord’s information for “standard”
questions
Superstrike Ltd v Rodrigues
 Tenancy was 1 year minus a day from 8.1.2007
 Deposit taken but not registered
 Became statutory periodic – S.5 Housing Act
1988
 Section 21 Notice to end periodic tenancy
 Appeal
The Legal Argument
 Was a new tenancy created?
 Had the deposit been “received” at the start of
the periodic tenancy?
 N and D (London) Ltd-v-Gadson 1991
 Section 5 Housing Act 1988
Further case
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Spencer v Taylor
Validity of s21 Notice
Saving provisions
Section 8 or Section 21?
Accelerated procedure
Further issues
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Change status
Initial scheme requirements
Prescribed information (essential)
Is the registration valid?
 TDS
 My Deposits
 DPS
 30 day period “from change”
 Is contractual term rolling?
Controlled Waste (England &
Wales) Regulations 2012
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Local authorities’ charges to businesses
Is student accommodation a business?
Practise to stop if domestically rated
Regulated by DEFRA
Gas Safety (Installation and
Use) Regulations 1998
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Regulation 36 (4)
Check qualification of gas fitters
Gas Safe Register
£950 fine/£4000 costs
…And Finally
 Leasehold Valuation Tribunals now First Tier
Tribunal (FTT)
 CPRs & BPRs
 The Universal Credit
 Immigration Bill 2013
 No win no fee for x3 claims
Thanks for listening
Any questions?
Contact details
Tim Reid
Solicitor
Tel: +44 (0)1295 661513
Email: [email protected]
Steven Neasham
Partner
Tel: + (0)1869 252161
Email: [email protected]