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Key Insights from Tim Reid on Tenant Rights and Recent Legal Updates

Join Tim Reid, a solicitor and accredited commercial mediator, as he discusses critical legal updates concerning tenant rights and landlord obligations. This session covers essential topics, including changes to tenancy agreements, deposit registration issues, and the implications of recent case law such as Superstrike Ltd v Rodrigues. Learn about the necessary prescribed information, the implications of the Housing Act 1988, and how these affect both tenants and landlords. Tim also highlights best practices for ensuring compliance with regulations and the evolving landscape of property litigation.

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Key Insights from Tim Reid on Tenant Rights and Recent Legal Updates

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Presentation Transcript

  1. Legal Update Tim Reid 19 March 2014

  2. Speaker Tim Reid • Solicitor • Accredited Commercial Mediator • Member of the Property Litigation Association

  3. 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

  4. 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

  5. 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-Gadson1991 • Section 5 Housing Act 1988

  6. Further case • Spencer v Taylor • Validity of s21 Notice • Saving provisions • Section 8 or Section 21? • Accelerated procedure

  7. Further issues • 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?

  8. Controlled Waste (England & Wales) Regulations 2012 • Local authorities’ charges to businesses • Is student accommodation a business? • Practise to stop if domestically rated • Regulated by DEFRA

  9. Gas Safety (Installation and Use) Regulations 1998 • Regulation 36 (4) • Check qualification of gas fitters • Gas Safe Register • £950 fine/£4000 costs

  10. …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

  11. Thanks for listening Any questions?

  12. Contact details Tim Reid Solicitor Tel: +44 (0)1295 661513 Email: timreid@brethertons.co.uk Steven Neasham Partner Tel: + (0)1869 252161 Email: stevenneasham@brethertons.co.uk

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