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Tuesday, September 26, 2017
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Case Law

Test Case: Superstrike Ltd v Marino. Rodrigues The case involved a landlord who had taken a deposit from the tenant before the deposit protection rules came into force in April 2007, since changed by the Deregulation Act 2015 – see...
Test Case: Leeds City Council v Broadley This case and the subsequent High Court ruling has brought some clarification about who is liable to pay council tax, tenant or landlord, when a rental property is vacant due to a...
Edwards v Kumarasamy - the final decision. A legal update from Tessa Shepperson Last year a really worrying decision for landlords renting out flats owned on a long lease popped up, the case of Edwards v Kumarasamy. In this decision, the Court...

Case Law

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Precedent and Common Law In the UK common law forms the basis of the legal system and as such judgements and case law are particularly important as the doctrine of precedent applies. The court system has a hierarchical structure...
Introduction In recent years there has been a big increase in the number of people investing in rental properties and therefore becoming new landlords. In some areas recently more than 1 in 10 sales have been buy-to-let. From a low point of...
Tenant’s Notice - Assured Shorthold Tenancies An assured shorthold tenancy (AST) gives a tenant full security of tenure for a minimum period of 6 months regardless of the length of the tenancy agreement (contract). If the contract is less than...
Tenancy Surrender Can a landlord insist his tenant pays rent until the end of the tenancy term when the tenant abandons the property or surrenders the tenancy early? The case of British Westinghouse Electric Coy v Underground Electric Railways Coy ...
Is advance rent a deposit? Rent in Advance: If I take rent in advance, say six months’ rent, will this be classed as a deposit, and will I then need to protect it in the Deposit Protection Scheme? The question of...