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Landlords and The Party Wall Act

Being a Landlord you rely upon your tenants to do many things; pay the rent and look after your property would be the main two but passing correspondence on to you can be equally important, particularly when protecting your property from structural damage could depend upon you receiving that correspondence. As prices have risen over [...]

Tenancy Deposit Schemes – 12 months on…

The new tenancy deposit schemes have been operating for 12 months. This is an important review, of considerable interest to landlords and letting agents, by Daniel Dovar and Michael Walsh, barristers at 33 Bedford Row – April 2008 Introduction The tenancy deposit schemes came into force on 6 April 2007. The idea of the schemes [...]

Commercial Rent Arrears Recovery – PainSmith Solicitors Legal Update – April 2008

For commercial landlords with tenancies created under the Landlord and Tenant Act 1954, the imminent introduction of the Tribunals, Courts and Enforcement Act 2007 (“the Act”) is set to have an effect on the way in which they recover any rent arrears. The new procedure which has been introduced in order to comply with the [...]

Arbitration – PainSmith Solicitors Legal Update – April 2008

Many property professionals will be familiar with arbitration clauses. In the past these used to be relatively popular but, with the advent of Tenancy Deposit Protection and the end of the TDSRA scheme their usage has tended to fall away. This is unfortunate, as when dealing with higher value claims a well crafted arbitration clause [...]

Energy Efficiency & Energy Performance Certificates

Energy Efficiency Energy efficiency improvements cost less than you think. Central heating, insulation, and double glazing can increase the long-term value of your properties and make them more attractive to renters. What’s more there are many grants available and they can reduce your income tax bills. Here are some simple things you could do to [...]

Competition Commissioner’s Report – Competitiveness in Retail?

In its provisional findings, published 31 October 2007, the Competition Commission’s interim report on competition within the grocery trade, concluded that there is a lack of competition in certain local markets which creates not only disadvantages to consumers in those areas but also allows retailers to weaken their offer to consumers nationally. CgMs Consulting P [...]

Is the deal closed? The use of the ‘Subject to

PainSmith Solicitors Legal Update – 30 October 2007 Many agents will be familiar with the phrase “Subject to Contract” or some similar formulation as a method of accidentally making a representation to the tenant which was not intended. This way any offer made is subject to its incorporation in the final lease agreement. However, there [...]

Section 13 Notices

PainSmith Solicitors Legal Update – 30 October 2007 Most agents and landlords will be familiar with the need to serve a section 13 Notice to increase the rent in periodic Assured and Assured Shorthold tenancies. However, they may not be aware that it is perfectly possible to get round the provisions of s13 with a [...]

New Consultations

PainSmith Solicitors Legal Update – 24 August 2007 There are two key consultations which Landlords and the Agents may wish to respond to at the moment. The first of these is by the Law Commission which is considering how to reduce problems relating to poor housing quality and harassment of tenants. Their current view is [...]