Legal Update

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Plans for landlords to be forced to rent out empty shops will not work – lawyers say

Government plans to be outlined in the Queen’s Speech that will force landlords to rent empty retail units to the highest bidder in rental auctions will work in any meaningful way, according to retail lawyers. The Conservative government hopes the measures will reinvigorate high streets that it believes are “blighted by derelict shopfronts”. However, retail […]

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Final ruling on gas safety certificate when serving a Section 21

Supreme Court rejects any more appeals by the tenant in the infamous Trecarrel House vs Rouncefield eviction case. Letting agents and landlords can feel safer issuing gas safety certificates to tenants following the end of a landmark court case. The Supreme Court has rejected any further appeals by the tenant and her legal team in […]

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Section 21 notices for assured shorthold tenancies: joint tenants

On 6 April 2022 Shelter Legal updated its advice to clarify that in the case of a joint tenancy the prevailing view confirms the common law position that a valid section 21 notice must contain the names of all joint tenants and be served on at least one of them. It states that in the […]

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2014 Act used to partially close property with bad ASB

A three-month Partial Closure Order has been enforced at a Wrexham address following a spate of anti-social behaviour reports. Police say the Empress Road address had been the subject of a high number of ASB and drug-related incidents in recent months. Granted on Friday, 8 April by Wrexham Magistrates’ Court, the order was enforced under […]

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How to prepare for right to rent changes

A series of major changes in right to rent have already occurred and more are heading towards the market, bringing with them serious legal implications for agents, landlords and tenants. Two significant changes to right to rent checks come into force in the coming months. From September 2022, legislation will change to allow landlords and letting agents […]

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Terminating a flexible tenancy in the fixed term: Supreme Court judgment in Kalonga

On 9 March 2022 the Supreme Court gave judgment in Croydon London Borough Council v Kalonga [2022] UKSC 7. It held that a landlord under a fixed term tenancy can recover possession during the fixed term in two circumstances only. Firstly, if the tenancy contains a contractual break clause, the landlord may exercise that clause and then […]

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Two signatures no longer required for eviction notice

On Wednesday 26 January 2022, the Court of Appeal handed down its decision in the case of Northwood Solihull v Fearn & Others. The Court deciding that where a corporate landlord or agent is completing certain statutory forms including a Section 8 Notice, such documents do not have to be ‘executed’ in accordance with the […]

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Judicial Review and Courts Bill: Progress of the Bill

The House of Commons Library has published a paper summarising the amendments made to the Judicial Review and Courts Bill in Committee and the main issues that were debated. The Bill would reform rules affecting judicial reviews and bring in changes to the court system. It was considered by a Public Bill Committee over 11 […]

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Suspended sentence for landlord who evicted tenant overnight

A landlord has been jailed for six months, suspended for a year, after being found guilty of illegally evicting a tenant and locking him out while he was working a night shift.The landlord has also been found guilty of disposing of all of the tenant’s belongings.The tenant returned home early in the morning after work […]

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