Blog Feed: Blog | The Landlord Law Blog

Can I claim rent before my eviction claim under s21?

Published on 2012-05-25 11:34:34

In the run up to issuing proceedings under section 21 - which is best? Issuing proceedings now or waiting until the debt has 'crystalised' after they have gone? > read more

Ben Reeve Lewis Friday Newsround #59

Published on 2012-05-25 03:25:39

A meeting at Landlord Law towers, port and prawn burgers and a lot about bedroom tax > read more

Easy Law for Landlords course – Destin Case Law Digest

Published on 2012-05-24 01:11:09

When studying law it is helpful to have access to law reports. And although the BAILII reports are available and free, they don’t cover ALL cases. Where BAILII reports are available, they also give the full transcripts, rather than focusing on the part you need to know. Often the cases that would be of most... > read more

Do I give my remaining tenant a new tenancy agreement?

Published on 2012-05-23 07:12:26

This landlord wants to know if he should give a new tenancy agreement where one of the tenants has left and the remaining tenant is wiling to pay the full rent. > read more

Housing Law – An Adviser’s Handbook by Diane Astin

Published on 2012-05-23 01:23:59

Ben Reeve Lewis reviews Housing Law by Diane Astin published by LAG > read more

Is this section 21 notice correct?

Published on 2012-05-22 13:39:21

Has Richard's section 21 notice been properly drafted? We take a look and give reasons - but he should have served a saving clause > read more

Easy Law for Landlords course now open for bookings

Published on 2012-05-22 01:24:55

If you are a landlord and want to know a bit more about the law, I have a course to help you. It is called ‘Easy Law for Landlords’. It aims to help you understand how the law works and in particular how it affects YOU as a landlord. It is delivered entirely over the... > read more

Financial awards for rat and mouse infestation

Published on 2012-05-21 01:15:19

I was flicking through the January edition of Legal Action Magazine today (yes I know, I am a bit late getting around to it) when my eye was caught by a couple of cases in the disrepair section featuring rodent related awards. We often get tenants complaining to the Blog Clinic about rats and mice... > read more

Landlord Law Blog roundup from 14 May

Published on 2012-05-19 03:03:46

A roundup of all the posts during the past week > read more

Do I need to pay my landlord after the section 21 notice expires?

Published on 2012-05-18 17:22:12

Colleen has been advised not to pay rent after her section 21 notice expires. But is that correct advice? > read more

Ben Reeve Lewis Friday newsround #58

Published on 2012-05-18 01:13:21

This week Ben discusses transparency and the Dalai Lama and wonders who all these accreditation schemes really protect. > read more

Easy Law for Landlords Course – introducing solicitor and RPT Chair John Murray

Published on 2012-05-17 02:12:16

John Murray of Emsleys Solicitors and Residential Property Tribunal Chair will be taking part in the Easy Law for Landlords Course, > read more

My letting agent lied to me

Published on 2012-05-16 01:21:46

This landlords letting agent told him the tenant had left the property in good order when in fact he had done a runner leaving it in a mess > read more

Easy Law for Landlords – introducing Simon Parrott of Sharman Law

Published on 2012-05-15 01:28:53

Introducing Simon Parrott of Sharman Law solicitors who will be helping me with the agency law elements of the course. Simon is an experienced property litigation solicitor based in Bedford > read more

How can I claim for unpaid rent and missold insurance?

Published on 2012-05-14 02:02:34

This landlord's tenant has moved out early. He has been told he cannot claim under his rent guarantee policy, how can be now claim for the unpaid rent? > read more

Landlord Law Blog roundup from 8 May

Published on 2012-05-12 02:28:22

The 8th May you may ask? What happened to Monday? Monday, you may remember was a Bank Holiday.  A real honest to goodness traditional bank holiday at that, with rain. I decided to have a bit of a rest and not tackle the garden after all.  Getting into the spirit of the thing, I decided... > read more

Ben Reeve Lewis Friday Newsround #57

Published on 2012-05-11 01:35:47

Ben confesses to his heavy metal past before discussing jugaad and the bedroom tax and complaining about the price of deaf aids ... > read more

Are these agents charges justified?

Published on 2012-05-10 16:58:37

A letting agent is charging a release fee even though they have not protected the deposit. What are the tenants rights? > read more

Do you know which tenancy type you have?

Published on 2012-05-10 02:16:19

Not all tenancies are the same and your rights can very quite dramatically according to what sort of tenancy you have. Find out which one YOU have with this short guide > read more

Problems pending in the County Courts from now until August

Published on 2012-05-09 01:36:18

Now is probably not a good time to bring a claim for possession through the courts. Bog standard claims will probably go through all right but I predict dire delays for cases where non standard hearings are required. Strike action My inbox has brought me two news items which will fill all those who use... > read more

How much do we need to pay to buy this sitting tenant out?

Published on 2012-05-08 01:43:08

Here is a question to the blog clinic from Salvina: My mother has been renting out a 2 bedroom flat, in Hackney, above a restaurant to our sitting tenant (no contract) since 1985. He gives my mother as I call it ‘micky mouse money for the flat’. We would like to pay him out. Legally... > read more

Landlord Law Blog roundup from 30 April

Published on 2012-05-05 02:20:24

Looking at posts on the blog during the past week > read more

Ben Reeve Lewis Friday Newsround #56

Published on 2012-05-04 01:56:44

[Ben Reeve Lewis gathers up his tweets ..] As many of you will know I tweet out housing news stories all week that have caught my eye for one reason or another, hoping they might pique my followers interest. Then, when it comes time to write this news round article I gather together all my... > read more

Section 21, deposits and a pyrrhic victory

Published on 2012-05-03 01:09:15

There have been a few annoyed reports from landlords in the past, complaining about the DPS failing to return deposits because the court failed to order this.  Here we have the opposite. A loyal Landlord Law Blog reader has sent me a brief report of a section 21 claim she made where the Judge, wrongly,... > read more

What can we do to evict this terrible tenant?

Published on 2012-05-02 01:53:21

Here is a question to the blog clinic from Mary (not her real name): I have a tenant who has never paid any rent (apart from a small intial payment). I have tried to evict her for non-payment of rent, however, she has launched a counterclaim against up making up all sorts of allegations against... > read more

Easy Law for Landlords – the long slog

Published on 2012-05-01 01:37:03

Easy Law.  It seemed a doodle when I thought of it. Write about law for ordinary people and make it easy to understand. However it is actually really hard to do. The first articles, for module one and the first week of module two, were relatively straightforward as I had already written about those topics... > read more

Has this landlord re-entered the property illegally?

Published on 2012-04-30 01:54:07

Here is a question to the blog clinic from Georgina who is a landlord My question is have a changed the lock unlawfully and gained possession of my property? Back in November I was given a possession order by the county court and the bailiff were due to come in about 2 weeks ago. Due... > read more

Landlord Law Blog roundup from 23 April

Published on 2012-04-28 04:47:03

A week of very hard work on the Easy Law for Landlords course this week.  It was all plain sailing up to module two week two and then I hit two hard topics.  Trusts/Equity and then agency law. I am now on module three part 1 – land law!  I am doing my best to... > read more

A landlords tale of woe

Published on 2012-04-27 07:57:38

If you want to know the sort of problems that landlords can get themselves into, see this email I recieved from a Landlord Law Blog reader.  It has been edited to remove identifying names and places. Our estate agents arranged for council tenants to live in our property but it has taken around £15,000 of... > read more

Ben Reeve Lewis Friday Newsround #55

Published on 2012-04-27 02:15:29

[Ben Reeve Lewis is seeing toothbrush moustache's everywhere now ..] A long, long time ago, in a galaxy far away…….well, the early 1990s at the bottom of the Old Kent Road, (don’t get too excited) I was shop steward and deputy housing convenor of Lewisham NALGO, representing the homelessness unit. I was loosely aligned to Militant (never... > read more

Should this landlord give in to her tenants demands?

Published on 2012-04-26 01:16:10

Here is a question for the blog clinic from Susan who is a landlord: My tenant – in the middle of the second of a three year tenancy agreement – looks after the house brilliantly, BUT nearly every month he asks for something to be replaced or repaired or redecorated. I have even added an... > read more

Judge error causing landlords delay and expense

Published on 2012-04-25 01:36:21

Some landlords are suffering delay and additional expense due to Judges incorrectly rejecting their claims > read more

Easy Law for Landlords – creating content

Published on 2012-04-24 01:28:48

Having received a mandate to develop my Easy Law for Landlords course, I now need to create the content. Although basically it is something I enjoy doing, there is an element of fear there – will they all think its rubbish? Hopefully not. Equity and trust I spent much of the weekend re-acquainting myself with... > read more

Questions from a new landlords with a difficult tenant

Published on 2012-04-23 14:58:23

Question about a potential claim based on rent arrears, but can the landlord use other grounds if he uses PCOL? > read more

DepositGuard – the Landlord Law Interview

Published on 2012-04-23 01:38:31

Last week I did an interview with Alan Ward of the Residential Landlords Association and Ben Beadle of TDS on the new tenancy deposit scheme DepositGuard. It was quite a wide ranging discussion which you can listen to in the video below.  Note that the discussion (which was recorded on 18 April) has a scoop... > read more

Landlord Law Blog roundup from 16 April

Published on 2012-04-21 05:11:16

Sorry to keep banging on about my Easy Law for Landlords course, but I am really trilled that so many have signed up to my Early Bird offer (which ended on Wednesday). I am now hard at work preparing content and loading it up ready for the course start next month.  As I write this... > read more

What are the problems with allowing tenants to run a business from your property?

Published on 2012-04-20 16:28:14

Mary's tenants run an internet business which is in breach of the terms of the tenancy. What are the effects of this? > read more

Ben Reeve Lewis Friday Newsround #54

Published on 2012-04-20 02:06:41

[Ben Reeve Lewis considers relocating to Scotland ..] Stoopidity is my theme this week. I have had a difficult time at work with interminable meetings that come to naught and criminal landlords getting away with nothing more than another get out of jail free card, of which I obviously cant speak, and take finger to... > read more

Must tenants give notice to leave at the end of the fixed term?

Published on 2012-04-19 07:05:46

Tenants sometimes leave without giving notice which always annoys landlords. But, a tenant asks, are they entitled to do this? > read more

Do landlords need to register for Data Protection?

Published on 2012-04-18 01:42:01

Many landlords are unaware of the need to register with the Information Commissioners Office if they handle data on computers. I take a look at this here > read more

Housing charity to go into liquidation due to funding cuts

Published on 2012-04-17 02:25:56

Voluntary liquidation for Housing Action I was really sad to learn recently that housing charity Housing Action was to go into voluntary liquidation. I see this is now confirmed, in this article in Norwich Evening News. This charity did a lot of good work. It leased houses from landlords giving them a guaranteed rent, and... > read more

Easy Law for Landlords – making the commitment

Published on 2012-04-16 13:54:50

It was crunch time on Friday. I had said I was going to send out the Early Bird invoices for my new Easy Law for Landlords course by the end of the week. But if I sent the invoices out, that was it. I was committed to the project. Ooo er! But I have done... > read more

What can tenants do if the agents are failing to maintain a property?

Published on 2012-04-16 01:24:55

Here is a question to the blog clinic from Ali who is a tenant: We are renting a house via a letting agency which are failing to maintain the property :( should we stop paying rent till jobs are sorted ?? Many thanks Ali The quick answer to that is no.  That is not a... > read more

Landlord Law Blog Roundup from 2 April

Published on 2012-04-14 02:01:04

I hope you all had a pleasant Easter.  Ben and I took the bank holiday off, and so this roundup will be a bit longer than normal. I spent more of the bank holiday doing development work for my new course, Easy Law for Landlords.  I have had quite a few signups already and so... > read more

Easy Law for Landlords – developing a discussion area

Published on 2012-04-13 09:55:30

As you may or may not be aware, I am developing an Easy Law course for landlords (and agents and housing advisors too, if they want it!). Last time I told you about some of the software I am using in its development. But what about a discussion area? Shouldn’t there be somewhere the students... > read more

Ben Reeve Lewis Friday Newsround #53

Published on 2012-04-13 02:33:06

[Ben Reeve Lewis finds that stories are thin on the ground this week ..] Tessa and I took well earned breaks last Easter. I ran out of holiday time in December (when you work for councils it all comes in again April 1st) so I have been slaving away at both TRO-ing, training, writing and... > read more

What is the green deal and how will it help landlords?

Published on 2012-04-12 02:06:05

Looking at the Green Deal, what it is and how it can help landlords reduce energy costs in their rented properties > read more

Can landlords give notice to end periodic tenancies?

Published on 2012-04-11 12:36:21

Here is a question to the blog clinic from Christine, who is a landlord Can you tell me if I can just give notice on a periodic tenancy. My tenant is a treasure but I need his flat back so my daughter has somewhere to live when she finishes university. This is not until 2014... > read more

Olympic problems for landlords

Published on 2012-04-11 03:00:06

An interesting article from the Guardian over the weekend indicates that all is not well in the Olympic letting scene. For a start it looks as if the market is being flooded with properties.  Landlords thinking of turfing out their tenants to make a quick buck are being urged to think again.  A Keatons agent... > read more

Easy Law for Landlords – developing something new

Published on 2012-04-10 01:59:07

Something I have wanted to do for a long, long time is develop a course, my own course, on law for landlords. You may remember, if you visit this blog regularly, that I mentioned something about this in my roundup the other week. As I said in that post, lots of people emailed me after... > read more

Gone fishing

Published on 2012-04-06 01:45:21

We  are taking a bit of a break over Easter to relax with our families and re-charge our batteries. No more posts will be done now until Tuesday (or maybe even Wednesday). So have a great Easter yourselves, and we will see you later. Tessa and Ben Photo by Rogerio Zgiet > read more

What rights does tenant have to claim this deposit back?

Published on 2012-04-05 11:01:34

Tenants landlord has failed to protect and is now failing to refund the deposit money. What rights does the tenant have? > read more

Tenant wishes to contract with landlord not the agent

Published on 2012-04-05 02:05:10

A tenant asks if he can insist on dealing with the landlord direct as a condition of staying on in the property > read more

Tenancy deposits – what you need to do NOW! Or risk being fined

Published on 2012-04-04 03:06:08

Tenancy deposit regulations are coming into force on 6 April and will be retrospective. It is important that landlords put their house in order now > read more

Landlords! Are you making one of these five fatal mistakes?

Published on 2012-04-03 02:27:07

If you are a landlord are you doing any of the following?  If so this is bad news! 1. Allowing someone to become a tenant without referencing them properly Amazingly it seems that many landlords take on tenants without doing any referencing at all! This is really bad news. A property is a huge investment.... > read more

Evicting tenants with no written agreement

Published on 2012-04-02 02:26:48

Here is a question to the blog clinic from David who is a landlord I am the owner of a property. We have no signed agreement other than trust. I wish to evict two persons staying in my property asap. They have changed the front door lock. One of the girls is very late in... > read more

Landlord Law Blog roundup from 26 March

Published on 2012-03-31 04:10:46

I was thinking to myself on Thursday that what I would really, really like to do on my School for Landlords site is a ‘proper’ law course. Not a boring one (heaven forfend) but one where I can explain properly all the legal rules that underpin tenancies.  In plain English, with pictures. “But”, I thought,... > read more

Can the tenant claim for heat loss due to broken windows?

Published on 2012-03-30 16:59:42

Here is a blog clinic question from Carlotta who is a tenant: My partner and I moved into the property in March 2011. As we entered the property we discovered that the windows in the bedroom were broken (windows cannot be closed properly leaving a gap through which cold air is entering in the room).... > read more

Ben Reeve Lewis Friday newsround #52

Published on 2012-03-30 02:24:23

[Ben Reeve Lewis feels an anniversary coming on ..] Bloody hell. Cant believe I’ve been doing this for a year. When I ditched my previous series for Landlord Law Blog, TRO Confidential, worrying I was exposing too much of my client’s business, and suggested a newsround to Tessa I secretly thought “Oh no. What a... > read more

Problems about renting to under age tenants

Published on 2012-03-29 02:37:43

I get asked sometimes about renting to tenants who are under 18. You need to be careful here as minors (people under 18) are legally incapable of owning ‘an estate in land’. What happens therefore if they sign a tenancy agreement in their name? This is decided by an act called the Trusts of Land... > read more

How to draft section 21 notices

Published on 2012-03-28 02:52:23

Section 21 notices are tricky things. Hundreds and thousands of landlords have got them wrong and have had their claim chucked out of court because of it. They can then waste months getting a new notice drafted up and served and waiting for it to expire. This is the last thing you want, particuarly if... > read more

Does a non returnable deposit have to be protected?

Published on 2012-03-28 02:11:28

Here is a question to the blog clinic from Chris who is a tenant When I moved into my Property in 2008 my Landlord insisted that I pay one months rental payment to cover dilapidations at the end of the tenancy. This payment I was advised was non returnable and very foolishly I agreed to... > read more

Can a guarantor end the guarantee if the people living at the property change?

Published on 2012-03-27 10:13:57

This is a question to the blog clinic from Serena on behalf of her builder My builder, Dave, agreed to be guarantor for his son and his girlfriend on an AST which commenced March 2011 with a fixed term of a year. His son moved out following their break up and his girlfriend has moved... > read more

Twelve things landlords need to know about

Published on 2012-03-27 01:29:33

This is a video I did over the weekend which I thought I would share with you here. > read more

Letting agents fees are crippling low to middle income families says report

Published on 2012-03-26 02:40:04

Renting in the Dark is a report published by Resolution Foundation, an independent research and policy organisation concentrating on people with low and modest incomes. The report is by Louisa Darian and was published in December last year, so I am a bit late in finding out about it! Statistics and problems The report starts... > read more

Tom Derrett’s Deposit Protection Nightmares

Published on 2012-03-14 02:29:26

Here are three bizarre deposit protection cases brought to you by Tom Derrett, author of How to Win Deposit Disputes > read more

Can a tenant ask for two final inspections?

Published on 2012-03-13 10:04:14

As this is tenancy deposit week, I have asked Tom to help me out with a few blog clinic questions.  So he is the one answering todays question which comes from Matthew (not his real name): I’m unsure if this has been answered but here is my problem, I’ve asked my landlord/estate agent to preform... > read more

School for Landlords – deposit prescribed information notices

Published on 2012-03-13 01:55:29

Prescribed information notices for tenancy deposits are essential but many landlords are unaware of how important they are. This video explains the situation > read more

Tenant has an unlockable door problem

Published on 2012-03-12 17:21:11

A tenant has a door with no lock and the landlord is refusing to deal with it. What are his rights? > read more

All tenancy deposit adjudicators are biased against landlords – discuss

Published on 2012-03-12 02:30:04

Are adjudicators REALLY prejudiced against landlords? Many of them believe this after reeling from losting their case. This post considers the question > read more

Landlord Law Blog roundup from 5 March

Published on 2012-03-10 03:29:21

Hi Everybody.  A very busy week here at Landlord Law Towers. I have been doing a lot of work preparing for Tenancy Deposit week next week leading up the launch of Tom Derrets brilliant book on tenancy deposits. I have also changed my repossession service so that there are now just two options  - do... > read more

A new Landlord Law ‘all in one’ repossession service

Published on 2012-03-09 17:15:14

A new repossession service with an all in one fee to cover all stages of a standard claim for possession . > read more

Ben Reeve Lewis Friday Newsround #49

Published on 2012-03-09 01:46:08

[Ben Reeve Lewis is (mostly) pleasantly surprised this week ..] Its been a week of surprises: Arsenal winning 5:2 after a disastrous few weeks and even managing to beat Milan on the night, which compared to the embarrassing performance in Milan itself was nothing short of a miracle. I was pleasantly surprised in the form of... > read more

Do you have questions about tenancy deposit adjudications?

Published on 2012-03-08 05:58:56

Next week there will be a lot of content on the blog on tenancy deposits and tenancy deposit adjudications, leading up to the launch of Tom Derretts book ‘How to win deposit disputes’. One thing we are preparing is an interview of Tom by me, where we will be talking any tenancy deposits, deposit disputes... > read more

Tenancy deposit adjudication workshop with TDS

Published on 2012-03-08 01:33:20

The Dispute Service (TDS) run regular workshops around the country for their agent members and others. Last month they had one in Norwich, and as I happen to live there (in fact the venue was just up the road from my house), they kindly invited me to attend. It was extremely interesting.  It was run... > read more

Do long term tenants have special rights?

Published on 2012-03-07 02:34:58

Long term tenants often have special rights. But do they have these because they have been there a long time? Confusingly the answer is both yes and no ... > read more

Can frustration end a tenancy?

Published on 2012-03-07 02:18:20

Richard's property is near a dog kennel and the barking is unbearable. Can this justify ending the tenancy by frustration? > read more

School for Landlords – EPCs

Published on 2012-03-06 01:19:46

Todays video is on Energy Performance Certificates - something all landlords need to have and give to tenants wit the particulars of the property > read more

Can we take over a protected tenancy on death of aunt?

Published on 2012-03-05 01:32:55

A protected tenancy can be inherited by a family member but what are the conditions for this? THis blog post explains > read more

Landlord Law Blog Roundup from 27 February

Published on 2012-03-03 03:19:34

Can’t say I’m sorry to see the back of February this year, always one of the more  depressing months of the year.  Lets hope March will be better. Still I managed to get my free course out, which was a bit of an effort, but it seems to be popular as loads of people have... > read more

Ben Reeve Lewis Friday Newsround #48

Published on 2012-03-02 03:48:50

[Ben Reeve Lewis is getting financial this week ..] I’ve had a tiring week involving a protracted case of an illegal eviction of a couple of under aged girls being pimped by Yardies from a local flat and an interminable case of an injunction hearing for an illegal eviction in front of a judge who... > read more

Who is responsible for returning the deposit – landlord or agent?

Published on 2012-03-01 10:56:22

If an agent fails to protect the deposit and then goes bust, can the tenant claim from the landlord? Or does it have to be from the agent? > read more

Tenancy deposit scheme price wars

Published on 2012-03-01 01:38:46

TDS and the RLA with Deposit Guard and My Deposits with their Safe Agent rate, its all change on the fees front for tenancy deposits > read more

What happens if the tenant gives notice but then doesn’t leave?

Published on 2012-02-29 01:48:34

A tenant gives notice and then changes his mind. What options are available to the landlord in this situation? > read more

A free course for Landlords on their legal responsibilities

Published on 2012-02-28 02:35:03

I don’t have a video for you this week. Why not? Well, I have been too busy setting up my new free e course. Do you understand your legal responsibilities? We are constantly reading about how many landlords, particularly landlords with small portfolios and accidental landlords, know little about their legal obligations, and about the... > read more

Landlord wants tenants out but deposit is lost

Published on 2012-02-27 02:00:37

This tenant has had a notice served on him by his landlord but suspects it is invalid. He also believes his tenancy deposit is unprotected. > read more

Landlord Law Blog Roundup from 20 February

Published on 2012-02-25 02:58:03

A busy week working away at new things.  One of these is a new free information product for landlords which I will be releasing very soon. Then there is a new help book on tenancy deposit disputes which is going to be launched from my Your Law Store business in the next few weeks.  We... > read more

Ben Reeve Lewis Friday newsround #47

Published on 2012-02-24 01:43:53

The usual news and views from Ben, pressure cooking tomatoes, the bedroom tax, housing benefit, big lunches and a rant. What more could you want on a Friday? > read more

Agent seeking commission from tenants leaving early

Published on 2012-02-23 14:31:39

Here is a blog clinic question from Peter, who is a tenant Please help. We are tenants with 3 year lease with a two year break clause and we have to leave due to an employment situation. We have 15 months left on the lease. The Landlord has agreed to release us from the lease,... > read more

Five fixed term tenancy periods and what they mean

Published on 2012-02-23 01:51:56

The fixed term of a tenancy can affect more than simply how long it lasts. This article gives tips on five different tenancy fixed terms and how they differ from each other > read more

Increasing rent with School for Landlords

Published on 2012-02-22 01:50:21

A seven part video course available from School for Landlords on increasing rent the proper way - and why it is necessary > read more

School for Landlords – Inventories

Published on 2012-02-21 01:46:45

Inventories are essential if you take a deposit from your tenant. This video has essential information about why you need them and how they can be obtained. > read more

Asking agents for the landlords address

Published on 2012-02-20 14:14:00

Have these agents properly complied with Helen's request to be provided with her landlords address under the Landlord & Tenant Act. > read more

Five tips for landlords on tenancy agreements

Published on 2012-02-20 02:20:54

Tenancy agreements are essential if you are renting property. Here are five tips for landlords on what you should do and, also on what you should NOT do! > read more

Landlord Law Blog Roundup from 13 February

Published on 2012-02-18 02:47:18

The usual roundup of posts on the Landlord Law Blog during the past week - and some further reading > read more

Ben Reeve Lewis Friday Newsround #46

Published on 2012-02-17 02:09:21

[Ben Reeve Lewis is feeling pretty chipper having just spotted his first spring flowers of the year.  How long will it last...?] I spent the first 2 days of this week working on 5 cases in court. Four mortgage repossessions to defend and getting an emergency injunction for an illegally evicted grandmother with severe health... > read more

What about saving clauses for s21(1) notices?

Published on 2012-02-16 14:36:58

Saving clauses for section 21 notices have been effectively approved for s21(4) but what about s21(1)? > read more

Must departing tenant pay extra rent when it is already paid in advance?

Published on 2012-02-16 01:54:03

A tenant wants to leave but her landlord is demanding payment up to the day she leaves, even though she has paid in advance. > read more

Do you have a Court hearing coming up?

Published on 2012-02-15 10:05:43

Court hearings can be very scary but with this guide you will know what to do. Gives help on preparation, what you do at court, the different sorts of hearings, and includes some precedent forms to help you > read more

Landlords from hell on Channel four

Published on 2011-07-06 01:50:58

Looking at the Dispatches program fronted by Jon Snow which looked at slum landlords in this country > read more

Mould problems – can the landlord charge for redecoration?

Published on 2011-07-05 11:11:36

If a tenant has not caused mould damage, can his landlord charge him for doing re-decoration and remedial work? > read more

The basic rules of tenancies – before the codes

Published on 2011-07-05 01:19:54

Before we consider the statutory codes we need to look at the rules which apply under the pre existing common law > read more

Housing benefit reforms, the Pickles letter and the Voldemort connection

Published on 2011-07-04 01:08:30

I don’t think I can really let the revelation in the Observer yesterday of the Pickles letter regarding the likley outcome of the Housing Benefit reforms go without at least some comment. Ministry of Magic speak Fiction is often a frightening r > read more

Foundations of landlord and tenant law index

Published on 2011-07-01 09:25:12

My ‘foundations of landlord and tenant law’ series is an educational series to help you understand some of the basic legal concepts which underly this area of law.  The nuts and bolts as it were of tenancy law.  You don’t NEED to > read more

Ben Reeve Lewis’ Friday Newsround #14

Published on 2011-07-01 00:59:28

[This week our intrepid reporter Ben Reeve Lewis considers renting property out for the Olympics and transport Sarf of the river  ... ] I try to think of different angles each week for this column. I use a thing called Google Reader to gather my in > read more

Using new technology to do inventories

Published on 2011-06-30 00:54:27

Inventories are absolutely crucial today, and we are told that landlords will have virtually no chance of success at tenancy deposit adjudications without one. However an inventory should not just be a list of furniture and other contents – it > read more

What to do about constant noise?

Published on 2011-06-29 11:49:16

Here is a cri de coeur from Jonathan (not his real name) who has called on the blog clinic for advice: I’m having problems with tenant living above me with constant noise and disturbing behavior.  Its very clear that this person has had some k > read more

Decline in home ownership and rise of renting needs a big change in government thinking says new report

Published on 2011-06-29 01:05:49

I have recently come across an interesting report, published by the Smith Institute called ‘The end of the affair – implications of declining home ownership’, written by Andrew Heywood. The report considers what seems to be a permanent tren > read more

Differentiating tenancies from business lets and long leases

Published on 2011-06-28 01:39:49

Foundations of landlord and tenant law – part 8 This series of posts is directed towards increasing understanding of short lets, so in future posts we will largely be concentrating on these. However before moving on to this, I just want to look at > read more

Shared house problems – smoking and partying

Published on 2011-06-27 11:25:27

Here is a blog clinic entry from Claire: I’m currently a tenant in a shared household that I moved into 3 weeks ago. When moving in I was told that it was a professional, non smoking household. I was not at the house the first week of tenancy d > read more

Landlord convicted of harassment by text

Published on 2011-06-27 00:47:47

We have all learned from Ben Reeve Lewis’s writings on this blog, how hard it is to get a conviction for harassment against a landlord.  Well hats off to Sheffield Council whose officers obtained a conviction against landlord Steven Loxley in > read more

Plumbing problems

Published on 2011-06-24 11:49:18

Here is a blog clinic question from Angela (not her real name): I need some legal advice with a small claims court claim I have taken out against a tenant who has just moved out, leaving the property in a dirty and unkempt state. Am I allowed to char > read more

Ben Reeve Lewis’s Friday Newsround #13

Published on 2011-06-24 01:12:55

[This week our intrepid reporter Ben Reeve Lewis is putting his finger on the pulse, his ear to the wall and sensing the winds of change  ... ] A change is gonna come An impassioned plea and a bit of a heads up for all you landlords and agents out > read more

Special offer forms for lodger landlords

Published on 2011-06-23 04:19:27

If so, you may be interested in a new lodger pack I have developed.  It is currently available for £12.50 – just over half price, from my Your Law Store site. Its a very good deal as on its own the lodger agreement itself is £12. But the off > read more

Break clauses and slippery words

Published on 2011-06-23 01:42:07

I was recently dealing with a claim for possession under section 21  and had a bit of a problem with a break clause. Break clauses are those clauses which allow you to end the tenancy early provided you do what the clause says.  My understanding is > read more

Birds nest removal – who is responsible?

Published on 2011-06-22 10:28:38

Here is a blog clinic entry from Simon (not his real name) who is worried about birds nests: I am in a rented short term assured property and unfortunately a bird/birds could have a nest in the loft. If there is a nest/birds who’s responsibility is > read more

Better tenants mean better landlords

Published on 2011-06-22 00:45:22

I am delighted to introduce a special guest post from Alan Ward, who is Chairman of the Residential Landlord Association. The bad landlord problem There’s a new pejorative term being attached to landlords – amateur is now added to rogue. Meanwhil > read more

When does the Council tax empty property exemption period start?

Published on 2011-06-21 11:24:27

Susan (not her real name) has consulted the Blog Clinic about a problem with Council Tax Hi Last year my tenants were in arrears of rent and weren’t responding. Eventually in July 2010 they turned up at my Agent’s with the keys expecting > read more

Common law and statute

Published on 2011-06-21 00:49:08

Foundations of landlord and tenant law – part 7 In the beginning there was the common law. As discussed in the post on Equity and Law, and also this post on the common law here, it has developed over many years and is largely based on the decisions > read more

When the cost of damage is more than the deposit

Published on 2011-06-20 08:40:11

Here is a blog clinic request from Karen (not her real name) who is a landlord. We have collected quotes for damage to our property that have exceeded the deposit by around £500. We are using a letting agent and they informed the tenants of the cost > read more

Mistaken and incompetent Council sued by tenant

Published on 2011-06-20 00:38:19

Here is a case which just goes to illustrate how bonkers litigation can be, and which also casts a worrying light on the competence of local authority legal departments. If at first you don’t suceed … It is the case of Allen v. the London > read more

Students can’t move out washing machine due to scaffolding

Published on 2011-06-19 03:07:35

Here is an interesting blog clinic quesiton from student tenant Mandy (not her real name): I am a tenant of a student assured shorthold tenancy with 4 others. Our lease is about to expire, but we have suffered from extreme noise and dust from the lan > read more

Finding content on Landlord Law

Published on 2011-06-18 12:49:04

I have just done a new help video for my Landlord Law site (11.13 minutes), so put it here too so you can see (if you are not a member) what stuff is available for you on my main Landlord Law site. // < ![CDATA[ // < ![CDATA[ var playerhost = (("http > read more

Can tenants be excluded from the checkout meeting?

Published on 2011-06-17 13:44:11

I have received a blog clinic request from Jen.  She has a problem with her landlord regarding checkout: Hi,  My current tenancy is coming to an end and the letting agent has just sent me a bill for check-out fees. I was not made aware of these fee > read more

Ben Reeve-Lewis’ Newsround #12

Published on 2011-06-17 00:49:52

[Ben Reeve Lewis to his surprise, finds a few good things in the Localism Bill  ... ] I’m looking into my crystal ball this week. Despite being called ‘Landlord Law Blog’ I know that Tessa’s readers aren’t just landlords. It is read by te > read more

Disabled tenant wants landlord to help him enjoy his property

Published on 2011-06-16 01:06:52

I can’t help feeling that this case was a cheeky try on by the tenant, although everyone seems to be taking it seriously.  It is an interesting illustration to my discussion on the covenant of quiet enjoyment which I wrote about here and the m > read more

What to do if tenants won’t attend checkout meetings

Published on 2011-06-15 00:47:01

One of my clients has contacted me about the problem of tenants moving out, leaving the keys with a neighbour and then refusing to attend the checkout meeting. Invariably the property is left in a mess and invariably they challenge any deductions to > read more

Tenant vacating early as agent failed to renew contract

Published on 2011-06-14 06:05:35

I have received the following cry for help from Sudheer via the Landord Law Blog clinic: My tenant has been with me for last 3 terms of 6 months, renewed as ‘six months- no break’. He requested me to go for a six months renewal again in December > read more

The six most important elements of a tenancy or lease

Published on 2011-06-14 01:36:04

Foundations of landlord and tenant law – part 6 For a tenancy – what are the essential elements? Here are what I think, are the most important: Parties – There must be a landlord and a tenant. Or you can have joint landlords or joint te > read more

Landlords liable for plaster says Court of Appeal

Published on 2011-06-13 00:46:12

Grand -v- Gill [2011] Court of Appeal We have a Court of Appeal decision on disrepair!  As pointed out by Nearly Legal in his report, this is as rare as hens teeth. I won’t go into the facts of the case in any detail as these can be found in t > read more

International students still waiting for deposit after 3 months

Published on 2011-06-10 11:12:41

Here is a blog clinic item from some international students in distress My flatmates and I are international students and we rented a flat (with all the bills inclusive in the rent) from September 2010 and the tenancy was supposed to end in July 2011 > read more

Ben Reeve Lewis’s Friday newsround #11

Published on 2011-06-10 01:03:21

[Ben Reeve Lewis our intrepid reporter, looks in vain for the middle ground ... ] News, news I thought I would run a theme this week, the current housing bubble and my concerns for it. This has been prompted by my signing up to Google Reader, which k > read more

Should students pay a retainer over the summer?

Published on 2011-06-09 13:17:27

Got a quick blog clinic query from Gill here, who rents rooms to students: We have a student who wants to stay in the same room next year but is saying he can’t/won/t pay a retention fee over the summer… surely it is normal practise for a > read more

What to do about forwarding post

Published on 2011-06-09 01:54:12

With the increasing use of email and social media, the post is becoming less relevant to people’s lives.  However its not dead yet and important things are often sent by mail. So whats the best approach to take about forwarding mail? There are > read more

Association of tenancy relations officers

Published on 2011-06-08 05:47:31

I have been asked to give a quick plug to the ATRO which is due to have its Annual General Meeting next Monday (13 June) in Camden Town Hall, London next week.  Their guest speaker is Cherry Furber, Shelter’s Regional Development Manager. Annu > read more

Guarantor worried about student son’s co-tenant

Published on 2011-06-08 00:56:49

This is rather similar to the blog clinic question I had from Sharon recently about a co-tenant not paying rent.  Obviously a big problem out there.  Here is the question from Mary (not her real name) who acts as guarantor for her son: My son has b > read more

Tenancies and how land law and contract law work together

Published on 2011-06-07 01:44:44

Foundations of landlord and tenant law – part 5 We have had a look at land law, and the rules where land is owned by more than one person, and we have had a look at contract law. Lets now see how the two areas of law work together. When I was a law > read more

Legal aid madness

Published on 2011-06-06 13:36:51

I got a communication from the Legal Aid Board today.  Or rather I should say the Legal Services Commission East Midlands Regions.  They apparently wanted to tell me that a certificate for a client had been cancelled. Well I could have told them th > read more

Can landlords refuse to accept a signed tenancy renewal form?

Published on 2011-06-06 01:47:33

I sometimes get questions from tenants who have signed a renewal tenancy sent to them by their landlords in good faith, only to be told that their landlord has changed his mind and does not want to go ahead with the renewal. Or get asked by landlords > read more

How to create possession notices and get them right

Published on 2011-06-05 08:08:54

Its easy to make mistakes with possession notices, but this rarely happens to Landlord Law members.  Take a look at this video to see how the system works and how it could help you. // < ![CDATA[ var playerhost = (("https:" == document.location.prot > read more

Ben Reeve Lewis’ Friday Newsround #10

Published on 2011-06-03 02:14:16

[Ben Reeve Lewis is back again for his weekly extravaganza  ... ] A little bird told me … I’ve started Twittering. It sounds daft I know but it is a real eye opener. I didn’t know so many people involved in housing were out there. Everyone > read more

How do you get rid of a joint tenant who is not paying?

Published on 2011-06-02 12:09:36

Problems with a co tenant … I recieved this Landlord Law Blog Clinic entry today from Sharon (not her real name): I have a 6 months tenancy contract for where I am living at present. It is a joint tenancy with a friend. When we were getting rea > read more

Assured shorthold tenancies and section 21 – make your life easier

Published on 2011-06-02 06:41:20

Ben Reeve Lewis reviews Tessa's new book - Assured Shorthold Tenancies : Your complete guide to section 21. > read more

Its all in the contract

Published on 2011-06-01 02:25:02

Foundations of landlord and tenant law – part 4 As well as being an ‘estate in land’ (looked at in part 1) a lease or tenancy is also a type of contract. So we need to take a look at contract law. Contract law is a very important area of law > read more

Can a landlord claim unpaid rent from the deposit?

Published on 2011-05-31 11:05:47

Tenancy deposit problem Here is a problem from Martin (not his real name) which was loaded up to our Landlord Law Blog Clinic: “My tenant only fulfilled 7 months of a 12 month lease, citing personal problems for having to break the lease. The p > read more

The seven top mistakes that landlords make with ASTs and section 21

Published on 2011-05-31 03:13:10

Don’t let them be yours! This video (8.27 minutes) tells you about the seven top mistakes that landlords make. One of them will be particuarly interesting to investor landlords, the other six are mainly connected with section 21 notices for pos > read more

Introducing the Landlord Law Blog Clinic

Published on 2011-05-28 02:16:20

If you look upwards you will see a new link on the orange navigation bar, called ‘clinic’.  This is a new initiative for the Landlord Law Blog – our clinic. Its an idea I have put together with Ben Reeve Lewis (my regular guest blo > read more

Ben Reeve-Lewis’s Friday Newsround #9

Published on 2011-05-27 01:14:58

[Our intrepid reporter Ben Reeve Lewis tells it like it is  ... ] Well I tried it……didn’t like it. Too much like hard work. I mean last week’s newsround……all that enforced optimism. Time for me to get back to my ‘What are they thinking > read more

Landlords! How to save money and stop making mistakes

Published on 2011-05-26 01:42:18

Is this YOUR story? I’ve known many people have problems with section 21. Thats the section in the Housing Act which allows you to recover your property, even if the tenant hasn’t done anything wrong. It was supposed to be a really simple straigh > read more

Who is responsible for damage done by rats?

Published on 2011-05-25 10:42:40

I recieved an email recently from Greg who had a bit of an unusual problem: I bought a converted flat around 3/4 years ago located on the top floor of the building and the place was and is in generally good order. In the last year my tenants of the F > read more

A digression on equity and the Court of Chancery

Published on 2011-05-25 01:23:04

Foundations of landlord and tenant law – part 3 I had thought of leaving this bit out, as it is not essential to landlord and tenant law. But it is an important part of our legal history and comes into all sorts of things, so I thought I had better > read more

Tenancy deposits – the law that never was

Published on 2011-05-24 14:28:33

There are probably a lot of angry landlords out there. Landlords who were sued by their tenants for the deposit of three times the deposit sum because they failed to protect, and were ordered to pay up. Why are they angry? Because if they were to be > read more

About Your Law Store and my ebook on section 21

Published on 2011-05-24 01:14:17

Please watch the video (3.10 minutes) to learn about Your Law Store and my ebook (re-load the page if it doesn’t show).  I explain about the new site and why the book will help you. Then complete the opt in box below to join our mailing list & > read more

On squatter landlords and other legal lettings

Published on 2011-05-23 01:29:59

Is a tenancy illegal if the landlord does not own the property? I get asked this sometimes by tenants who get very suspicious if they do a search at the Land Registry and find that their landlord is not given as the owner. Or if they see that the lan > read more

Landlord event at Excel on 20 May

Published on 2011-05-21 01:39:57

It was really nice to see so many people at the Landlord & Letting Show at Excel yesterday. It was particularly good to catch up with Tom Entwistle of LandlordZone, Paul Shamplina of Landlord Action and in particular Alan Ward of the Residential > read more

Ben Reeve-Lewis’ Friday Newsround #8

Published on 2011-05-20 00:29:37

[Ben is turning over a new leaf today - gone is the sneering cynic, now all he wants to do is spread sweetness and light.  Trouble is he can't find any in the private sector news ... ] After last week’s newsround I got into a forum chat and fessed > read more

Dealing with dirty tenants

Published on 2011-05-19 00:48:28

From time to time I get asked about dirty tenants.  ”My tenants are keeping my house in an absolute mess” one outraged landllord said, “what can I do about it?” I’ve seen all sorts of attempts by landlords to deal with > read more

What can you do if your tenant just WON’T GO!

Published on 2011-05-18 00:58:49

Guidance on how you can protect your position and what you can do if your tenants fail to leave > read more

How to create your own tenancy agreements

Published on 2011-05-17 08:06:39

Now we have our document generator software working properly on Landlord Law, I have done this short video (about 9.31 minutes) explaining how it all works.  (My family tell me its boring, but I’m sure you’ll love it).  I talk about the > read more

Owning property with other people – the rules

Published on 2011-05-17 01:24:40

Foundations of landlord and tenant law – part 2 Often people want to own property together. For example: A husband and wife may own their house jointly Business partners may own the lease for their shop premises together Brothers and sisters may be > read more

Tenants in the firing line #2

Published on 2011-05-16 01:02:05

Tenant A – being evicted because of his dog I received this email from tenant  A the other day, and he kindly allowed me to publish it.  This sort of thing does not put our country in a good light: I have just relocated to London from the US. > read more

Introducing Your Law Store

Published on 2011-05-14 06:08:42

A new service is born! I am very excited to be able to tell you about my new project. This is an online legal ecommerce store called Your Law Store.  I am running it in partnership with my long term web designer Gill Bishop through a new company, Zo > read more

Ben Reeve Lewis’ Friday Newsround #7

Published on 2011-05-13 01:23:58

[We have a new picture of Ben today - so you can see what he really looks like under those shades.  But today Ben is going into rant mode ... ] Warning….fledgling UKIP zone ahead. Who said we turn into our parents as we get older? I don’t always > read more

Tenants in the firing line

Published on 2011-05-12 01:01:12

I have received the following sad story from C, a harassed and frightened tenant, whose landlord’s son actually damaged the door frame (right) when he slammed the door shut  on his way out …. 10 May 2011: We pay the electric directly to > read more

Court websites – more confusing changes

Published on 2011-05-11 01:32:28

Some time ago I did a post about the withdrawal of up to date information and guidance from the CLG website. I now find that they have messed around with the Court Service website.  I know it is as a result of administrative changes but it is really > read more

Land Law, a bit of history, and the two estates in land

Published on 2011-05-10 01:13:05

Foundations of landlord and tenant law – part 1 Land law is pretty complicated. The subject matter, land, is after all both very important and limited. There may be a few bits at the edge of the country where land is dropping into the sea, and > read more

Another tenancy deposit case – Potts v. Densley

Published on 2011-05-09 12:50:25

The Tiensia tenancy deposit Court of Appeal decision clarified the law to a certain extent, but there are still lose ends flapping around.  We all rather hoped that the cases in the litigation queue would resolve the remaining problems.  However th > read more

Tenancy deposit schemes collaborate on new guide

Published on 2011-05-09 02:07:54

There is a new report out on tenancy deposits and adjudications which has been created by all three tenancy deposit schemes in collaboration. The guide covers the collation of evidence what an adjudicator looks for when considering a dispute, and the > read more

Ben Reeve-Lewis’s Friday Newsround #6

Published on 2011-05-06 02:20:57

(Our investigative reporter Ben Reeve Lewis tries to find some housing news to delight you this Friday morning – Ed) Just as over the last few weeks it was difficult to find housing news not buried under a pile of union jacks, this week it has > read more

When is an AST not an AST?

Published on 2011-05-05 01:05:51

I am currently editing my section 21 ebook, which I hope to be able to launch in its final form in a week or so. There is one point which one of the purchasers of the beta version made which is quite interesting and I would be interested to hear your > read more

Does giving a new tenancy agreement cancel out the original tenants debt?

Published on 2011-05-04 01:28:31

This is a question I was asked recently in my Q and A. The tenants had run up a large rent arrears debt and then absconded. The landlords wanted to put in some new tenants but were worried that doing this might cancel out the original tenants’ debt > read more

Foundations of landlord and tenant law – it begins

Published on 2011-05-03 01:41:05

Over the five years or so that I have been writing this blog I have written a lot about various aspects of landlord and tenant law, and I have also done several series, in particular my series on tenancy agreements. However I have never done a proper > read more

Ben Reeve-Lewis’ Friday Newsround #5

Published on 2011-04-29 03:04:46

Royal Wedding Issue ;) (Our investigative reporter Ben Reeve Lewis is back on the job, trying unsuccessfully to find a wedding free zone – Ed) I finally have the internet back on, after nearly 3 weeks in our new place. You would think, in this > read more

Newsletters and mailing lists

Published on 2011-04-26 02:27:55

You may have noticed on the side bar that we have a couple of links for newsletters. The Landlord Law Newsletter The first is for my Landlord Law newsletter.  This has been running for years, and is for members of my Landlord Law site (who are added > read more

Gone fishing

Published on 2011-04-22 04:13:21

With the double bank holiday upon us, Ben and I are taking a bit of time out from the blog.  Ben has just moved house and needs to get a bit of decorating done, and I need to spend a bit of time with the family. We’ll be back later. Photo by R > read more

The cost of poor housing – a report from Wales

Published on 2011-04-21 02:10:41

Last week I did a post called poor housing = poor health.  This looked at a report out which showed that poor housing conditions are believed to cost the NHS at least £600 million per year. I now learn of another new report – this one is a bi > read more

London and SE Landlords Day

Published on 2011-04-20 03:49:57

Just a short post today to say thank you to everyone who came to my talk yesterday at the London and SE Landlords Day at UCL yesterday, which was put on by Unipol. It was a nice event and I enjoyed doing my talk.  If you were there, thank you for be > read more

My landlord is advertising my flat!

Published on 2011-04-19 00:06:00

I received a crie do coeur from a tenant the other day: My partner and I moved in to a property 14th December 2010 for 12 months with a 6 month break clause.  We pay £1,000 pcm. We have just been advised that the Landlord wants us to leave (as in t > read more

Tenants legal help : making a tenancy deposit claim

Published on 2011-04-18 01:18:46

If you want to bring a claim against your landlord because he has not protected your deposit you may find it hard to find someone to act for you.  Most of us who used to provide fixed fee services for tenancy deposit claims, have taken them off the > read more

Ben Reeve-Lewis’ Friday Newsround #4

Published on 2011-04-15 05:30:58

[News and views from our investigative reporter Ben Reeve-Lewis, (a bit late today) plus a few pithy interjections from me - Ed] Oh no! Its Friday! I woke up this morning to the sound of birds singing in the garden of our new home. Stretched, relaxed > read more

Tenancy deposits, fed up landlords and a coach and horses

Published on 2011-04-14 01:08:45

Regular readers will remember the Court of Appeal decision in the case of Tiensia v Vision Enterprises Ltd (t/a Universal Estates).  This drove a ‘coach and horses’ through the tenancy deposit legislation by saying that landlords could p > read more

Poor housing = poor health

Published on 2011-04-13 01:21:00

How does poor housing affect the nations health? This is the subject of an interesting report I found via the excellent Legal Action Magazine (required reading for all housing professionals) and is from the Parliamentary Office of Science and Technol > read more

Solving disputes in the county courts – Pt 2

Published on 2011-04-12 01:37:51

Last week I started looking at the Ministry of Justice report on the procedures in and use of the County Courts.  However it is quite a long report so I decided to split my post into two parts.  This is the second part, but you might want to read t > read more

Tenants legal help : Five things about joint tenants

Published on 2011-04-11 01:59:40

Lots of people share rented property.  Maybe you do.  Here are five things you may not have realised: 1. All of the tenants are collectively ‘the tenant’ This means that they are generally dealt with as a group rather than individually. > read more

Ben Reeve-Lewis’ Friday Newsround #3

Published on 2011-04-08 01:54:59

Ben Reeve Lewis scours the internet to bring you the best news and views > read more

Are the Law Commission just wasting their time?

Published on 2011-04-07 01:33:40

The post looks at a report on past Law Commission projects and says whether they will be implemented or not. It looks as if the big housing projects carried out a few years ago are being thrown on the scrap heap ... > read more

Solving disputes in the county courts – Pt 1

Published on 2011-04-06 04:26:10

The Ministry of Justice has recently issued a major report and consultation exercise about the procedures in and use of the County Courts. The report describes the system in this way Civil justice is the area of law that deals with everyday problems > read more

Front Liner first issue out today

Published on 2011-04-05 03:01:59

Regular readers may remember that last week I introduced the new e newsletter Ben Reeve Lewis and I are launching for housing workers, called the Front Liner (for those on the front line). Just a short note to say that we hope to get the first issue > read more

Tenants legal help – five tips on repair problems in rented properties

Published on 2011-04-04 01:35:38

Repair problems in rented properties Sadly more common than it should be. Here are five tips which  maybe you didn’t know: 1. The law says that your landlord must keep your property in proper repair. Your landlord is obliged by law to keep the > read more

My section 21 ebook and the benefit of reader feedback

Published on 2011-04-03 02:17:28

Many of you will know that I have written an  ebook on section 21 of the Housing Act 1988, which was released recently as a ‘beta’ version, at a modest price, to members of my mailing list, for a limited period, in exchange for feedback. > read more

Ben Reeve-Lewis’ Friday Newsround #2

Published on 2011-04-01 02:21:20

Ben scours the internet for relevant and compelling news items to make your Friday > read more

Introducing the Front Liner – help for housing staff

Published on 2011-03-31 02:33:43

If you read Landlord Law Blog regularly you will no doubt have been greatly entertained by the TRO Confidential series (now concluded) ably written by Ben Reeve Lewis.  That series was a revelation to me, and no doubt to many. But not to Local Autho > read more

Court fees to rise on 4 April 2011

Published on 2011-03-30 01:31:40

Just a short note to say that the Court fees are set to rise in April. For example The fee for issuing proceedings for possession will rise from £150 to £175, unless the online procedure is used, when it will remain at £100 A standard application > read more

Landlord Law Podcast – with housing benefit expert Steve Perrons

Published on 2011-03-29 01:33:39

Tessa Shepperson talks to housing benefit letting agent Steve Perrons. Steve specialises in renting to benefit tenants, and shares some of his secrets in this podcast. > read more

Tenants legal help – what if your landlord won’t agree to a check out meeting?

Published on 2011-03-28 01:15:26

Way back last August, I did a post on checkin procedures.  This post is about the other end of the tenancy where you are supposed to have a check out meeting with your landlord or landlords agent or inventory clerk, to check the condition of the pro > read more

Landlord Law is for tenants too!

Published on 2011-03-27 10:32:40

A short video explaining why Landlord Law (my subscription membership site) is good for tenants: var playerhost = (("https:" == document.location.protocol) ? "https://www.ezs3.com/secure/" : "http://www.ezs3.com/players/"); document.write(unescape("% > read more

Ben Reeve-Lewis’ Friday newsround – issue #1

Published on 2011-03-25 02:22:19

[He's back! Now in the guise of the Landlord Law intrepid investigator, reporting from the front line ...   - I'll try to add a note of sanity from time to time ...  Ed] Welcome to the new column! Each week I will be scouring the news pages for sto > read more

Why you should never allow your tenant to pay the deposit by installments

Published on 2011-03-24 04:15:40

What do you do if your tenant only pays part of his deposit? This is a question I have been asked several times. Often tenants cannot afford to pay the whole sum in one go and ask their landlord if they can pay by installments. Sometimes landlords, w > read more

Court closures and their effect on repossessions

Published on 2011-03-23 03:42:15

County Court closures. As you will probably know, one of the cost cutting exercises carried out by our government is the closure of many of the smaller courts around the country.  I reported on this here. The effect of this will probably be to slow > read more

What date do you serve a section 21 notice on?

Published on 2011-03-22 02:45:25

As some regular readers will know, my section 21 book went on sale very briefly, to enable me to get feedback before it is launched properly (in a few weeks time).  It is interesting going through the feedback forms.  Clearly this is an area that c > read more

Tenants legal help – beware gaumping

Published on 2011-03-21 02:10:04

I thought I would make this the subject of my Monday tenants feature as I have come across this twice very recently. The first time , it was the subject of one of my Q&A answers which you can see here.  In this case the tenants thought that they > read more

TRO Confidential : The case of the Long Goodbye

Published on 2011-03-18 03:04:37

A day in the life of TRO Ben Reeve Lewis. The case of the long goodbye Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Eviction a > read more

What Local Authorities Do

Published on 2011-03-17 02:40:28

The Government is currently undergoing a review of Local Authority Statutory Duties.  If this is something that interests you, you may want to take a look at some information now available on the DCLG website. The information can be found here.  Th > read more

Housing Benefit – the government answers questions

Published on 2011-03-16 03:16:02

The housing law bulletin issued by Garden Court Chambers every week had some interesting links to housing benefit related items this week. Most interesting of all perhaps was a link to the Government’s response to the Work & Pensions Select > read more

Problems with the Courts

Published on 2011-03-15 03:22:27

Have you been having problems with the courts recently? I thought a post on this would be a good idea as I have had a couple instances recently where the courts have been plain wrong in the information they have given. Often non lawyers think that if > read more

Tenant legal help – the current situation with tenancy deposits

Published on 2011-03-14 03:22:25

Although I wrote about tenancy deposits last week, I thought it might be helpful just to do a brief summary of the current situation from the tenants point of view. Tenancy deposits law Under the Housing Act 2004, all deposits must by law be protecte > read more

TRO Confidential : The Case of Cat-woman and the Strange Coincidence

Published on 2011-03-11 01:34:41

A day in the life of TRO Ben Reeve Lewis. The Case of Cat-woman and the Strange Coincidence Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment a > read more

Two tenancy deposit decisions

Published on 2011-03-10 02:43:53

The law on tenancy deposits and the three times the deposit penalty for non compliance is a bit up in the air at the moment.  There are, I understand, several cases in the pipeline waiting for High Court and (perhaps) Court of Appeal decisions, plus > read more

Using the High Court Sheriffs for evictions

Published on 2011-03-09 01:18:19

Has anyone had any experience of using the High Court Sheriffs for evicting tenants under County Court possession orders? I get asked this from time to time, as the sheriffs all advertise that they provide a superior and much quicker  service, to th > read more

Housing Benefit specialist Steve Perrons to guest on the March Landlord Law Podcast

Published on 2011-03-08 01:42:20

Housing benefit has been very much in the news recently and so I was delighted when Steven Perrons of Perrons Davis agreed to be my podcast guest for March. Perrons Davis is a Yorkshire letting agency which specialises in letting to housing benefit t > read more

Tenants legal help – when the police unjustly support your landlord

Published on 2011-03-07 01:26:50

Some time ago I did a post on locks and keys, and it is one of the posts on this blog which regularly attracts new comments, even though it was written quite a while ago. One of the recent comments is rather worrying. It is from Karen who says I rece > read more

New ebook on section 21 – coming soon!

Published on 2011-03-05 11:04:57

Of all the things that I have written about on this blog, section 21 and the problems associated with it, seem to have attracted the most comment and questions from readers.  For example I did a short post on misunderstandings with section 21 recent > read more

TRO Confidential : The Case of the Man Who Never Was

Published on 2011-03-04 01:11:16

A day in the life of TRO Ben Reeve Lewis. The Case of the Man Who Never Was Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Evict > read more

Case law digest by Destin Solutions

Published on 2011-03-03 02:29:55

I have recently learned of a new case law service, called the Case Law Digest.  It is provided by Destin Solutions and authored by the well known and respected housing expert Jan Luba QC, so you can be sure that it is accurate. Destin specialise in > read more

Can landlords be liable to neighbours for tenants from Hell?

Published on 2011-03-02 01:21:38

The topic of this blog post is similar in many ways to the post I did on Monday about nightmare co-tenants (which has attracted some great comments by the way). The neighbours from hell What do you do if you find that the rented property next door to > read more

Localism Bill to amend tenancy deposit regulations

Published on 2011-03-01 02:26:54

The Tiensia case more or less put a coach and horses through the tenancy deposit regulations. In fact when I spoke at a Landlords Association meeting recently, one of the things I was asked to speak about was the ‘new’ tenancy deposit rul > read more

Tenant legal help – problems with other tenants

Published on 2011-02-28 01:25:23

This blog post is for tenants who rent a room (or two) in a shared house where they share facilities, such as kitchen and living room, in the property with other tenants. I was prompted to write this as I had an email from a tenant who said that one > read more

TRO Confidential : The Case of 3 Daft Interviews

Published on 2011-02-25 02:55:24

A day in the life of TRO Ben Reeve Lewis. The Case of 3 Daft Interviews Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Eviction > read more

Landlord possession notices – and how to defeat the devious tenant

Published on 2011-02-24 07:02:55

I had a bit of a problem with this recently with one of my cases so I thought it would be a good idea to write about this here. A possession notice is generally essential if you are going to apply for a possession order at the County Court. However t > read more

Mortgage repossession – help from Ben Reeve Lewis

Published on 2011-02-23 03:11:48

If you are a regular reader you will know Ben Reeve Lewis – my regular guest blogger who talks about his experiences as a tenancy relations officer in south east London. However it now seems as if his worst opponents may not be the thug landlor > read more

Landlord Law Podcast – in conversation with David Lawrenson

Published on 2011-02-22 01:38:32

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Landlord Law Podcast – in conversation with David Lawrence

Published on 2011-02-22 01:38:32

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Tenants legal help – five things you didn’t know about your assured shorthold tenancy

Published on 2011-02-21 02:43:11

The Assured shorthold tenancy is the most common form of tenancy in the private rented sector today. But did you know the following five facts? Most tenancies are automatically an assured shorthold tenancy, whether or not the landlord gives you a wri > read more

TRO Confidential : The case of the Emperors New Clothes

Published on 2011-02-18 01:58:53

A day in the life of TRO Ben Reeve Lewis. The case of the Emperors New Clothes Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Ev > read more

Legal aid – death by a thousand cuts

Published on 2011-02-17 00:51:20

In this country we have a proud tradition of justice. In 1949 the then Labour government (at a time of great economic stringency, as it was just after the war) set up the legal aid system. No one, it was said, should be denied access to justice or le > read more

The Landlord Law Suppliers section

Published on 2011-02-16 02:40:07

Landlord Law is not an advertising site.  It is a solicitors information service, membership site, and also has a certain amount of free information for landlords or tenants. However when I was developing the current new version of the site, we had > read more

Housing Benefit changes – an update

Published on 2011-02-15 03:09:33

I received a very useful briefing recently from Alan Smith (pictured), housing officer at Hartsmere Borough Council, and he has kindly given me permission to reproduce this for you all. Budgetary Changes being made to Housing Benefit (NB: Except wher > read more

Tenants legal help : know your tenancy type

Published on 2011-02-14 01:21:26

Housing law is terribly complicated. One of the reason for this is all the different types of tenancy, all of which have slightly different rights. One of the Law Commission’s consultation paper for their renting homes project identified 13 dif > read more

Tessa Shepperson interview on Property Tribes TV

Published on 2011-02-12 05:22:32

You may remember last week I mentioned I had been interviewed by Property Tribes?  Here is the interview. > read more

TRO Confidential: The Case of the Railway Sleeper

Published on 2011-02-11 02:03:17

A day in the life of TRO Ben Reeve Lewis. The Case of the Railway Sleeper Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Evictio > read more

David Lawrenson to guest on the February Landlord Law Podcast

Published on 2011-02-10 03:03:38

I am delighted to announce that my guest for the February edition of the Landlord Law podcast will be David Lawrenson.   David is a property consultant ,  and the author of best selling book Sucessful Property Letting. David, who has been a landlor > read more

Crime? Not in my back yard!

Published on 2011-02-09 01:52:58

Quite a few commentators have been discussing the new police website, reported on the BBC here, which shows crime reports in your area. Needless to say I had a quick search myself – its intriguing to see what crimes have been reported but also > read more

Pre 2007 tenancy deposits – have we all got it wrong?

Published on 2011-02-08 01:34:27

Deposit regulation came into force in April 2007. What is the situation regarding tenancy deposits paid to landlords before then? The general view is that the deposit needs to be protected in a scheme if the tenancy is ‘renewed’, for exam > read more

Tenants legal help : tips on tenancy deposit adjudications

Published on 2011-02-07 01:39:29

There are a number of benefits which come with the tenancy deposit scheme. One of these is the right, if you can’t agree on deductions from the deposit money at the end of the tenancy, to refer this to a free adjudication service. Needless to s > read more

The Landlord Law New Landlords Guide

Published on 2011-02-06 05:00:41

I announced yesterday our new You Tube channel and loaded up my first video, which was a general introduction to the Landlord Law site. However having done one, I was on a bit of a roll. So I decided to do another, this time about one of the free inf > read more

Landlord Law goes on You Tube

Published on 2011-02-05 05:46:59

First podcasts, now videos! What next! The LandlordLaw You Tube Channel is a new outlet for Landlord Law content, and over the coming weeks I will be doing a series of short videos about my professional service Landlord Law. I was partially inspired > read more

TRO Confidential : The case of the devious TRO

Published on 2011-02-04 01:46:41

A day in the life of TRO Ben Reeve Lewis. The Case of the Devious TRO Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Eviction an > read more

A day in London

Published on 2011-02-03 02:53:57

I am still feeling somewhat shattered after a very long day in London yesterday. I was chairing a conference for Central Law Training on Housing Litigation. As I live in Norwich and was anxious not to be late, that meant catching the 6.00 am train, w > read more

Five tips on how to avoid cowboy letting agents

Published on 2011-02-01 23:00:56

There are quite a few people renting property for the first time, and inevitably, there are rogue letting agents setting up shop to take their money. If you are new to landlording, you should be VERY careful when choosing an agent. Particularly if th > read more

Renting to students

Published on 2011-02-01 01:07:15

Many students are starting to look for their accommodation for next year just now and more will do so over the coming months. Renting to students is a bit of a specialism among landlords and some will let only to students. Some of their properties ar > read more

Tenants legal help – moving out of a shared house

Published on 2011-01-31 00:57:39

It often happens.  You enthusiastically sign up to rent a shared house with friends, but then have second thoughts. Maybe your plans change and you need to live elsewhere.  Or maybe it’s that really can’t put up with your co-tenantsR > read more

TRO Confidential : The case of MC Hammer

Published on 2011-01-28 03:45:44

A day in the life of TRO Ben Reeve Lewis. The case of MC Hammer Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Eviction and pros > read more

Landlord Law Podcast – interview with Kevin Firth, DPS Director

Published on 2011-01-27 09:43:56

Welcome to the first of the Landlord Law Podcasts, or Landlord Law on the radio!  You may remember that a couple of weeks ago I announced this, and asked you to submit questions for my first guest, Kevin Firth of the DPS. The interview took place th > read more

Tenancy deposit protection in Scotland

Published on 2011-01-27 01:29:30

It looks as if Scottish landlords are going to have to comply with tenancy deposit protection fairly soon as regulations have now been laid before the Scottish parliament – you can see them here. I was alerted to this by Kevin Firth when I inte > read more

Violent landlords

Published on 2011-01-26 02:10:53

In society there are always a few people who do not respect societies values or the law, and who will use violence to enforce their will. Unfortunately quite a few of these people are landlords. These are the landlords who rent out substandard proper > read more

What are fixed terms and periodic tenancies?

Published on 2011-01-25 01:53:55

Today I am going to look at something which puzzles a lot of people – fixed terms and periodic tenancies. Many people don’t even realise that periodic tenancies exist. They assume that a tenancy is given for a specific period and then it > read more

Tenants legal help – do you get a cooling off period?

Published on 2011-01-24 01:30:15

Sign in haste repent at leisure, is something that prospective tenants ought to bear in mind when signing tenancy agreements. You need to be really sure you want that property. For some type of contract, there is a ‘cooling off’ period of > read more

Landlord Law Blog is a winner!

Published on 2011-01-23 07:47:36

I was quite pleased to receive an email the other day from Simply Business insurance telling me that the Landlord Law Blog was a winner in their 2010 Landlord & Property Website Awards. It was even nicer when I visited the site and saw we were at > read more

TRO Confidential : The case of the countdown and the human champagne cork

Published on 2011-01-21 02:23:29

A day in the life of TRO Ben Reeve Lewis. The case of the countdown and the human champagne cork Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassm > read more

Why landlords should not trust their tenants

Published on 2011-01-20 01:22:29

This post comes from a situation I had with my work recently. Back in July last year I was instructed to issue possession proceedings against a tenant. The real reason we were bringing proceedings was because the tenant had fallen behind with his ren > read more

The new tenancy agreement service on Landlord Law

Published on 2011-01-19 01:18:47

As you may or may not know, we launched my new Landlord Law service a couple of weeks before Christmas. What I did not say at the time though, was that there was a bit of a problem with our document generator software. The document generator software > read more

Five tips for dealing with rent arrears

Published on 2011-01-18 01:45:25

What do you do if your tenant suddenly stops paying his rent? This can be a big problem for landlords. A tenant loses his job, or perhaps a couple split up, leaving the partner with no job in the property, and suddenly you have no income. Here are so > read more

Tenants legal help – five points on your rights about electricity

Published on 2011-01-17 01:58:48

There are differences between tenants rights as regards gas and electricity which is often confusing. Here are five points to help you. 1. There is no equivalent to the gas regulations certificates Under the gas regulations all landlords are obliged > read more

TRO Confidential : The case of the Tenancy Deposit rant

Published on 2011-01-14 01:27:23

I asked TRO Ben Reeve Lewis if he could do a  tenancy deposit post, to fit in with this weeks theme, so he got out his soap box … The case of the Tenancy Deposit rant Explanation: Tenancy Relations Officers (TRO) work for local council’s pro > read more

The Deposit Protection Service on Landlord Law Blog

Published on 2011-01-13 01:26:51

I have written quite a few posts involving the DPS on Landlord Law over the years since the scheme went live. I thought in the leadup to my interview with Kevin Firth (DPS Director) next week on tenancy deposits, it might be interesting to look back > read more

What is the Deposit Protection Service?

Published on 2011-01-12 01:08:50

Introducing the DPS The Deposit Protection Service (DPS) is one of the three tenancy deposit protection companies set up by the government to protect tenants deposits. The DPS is the only ‘custodial’ scheme, and is completely free to use. > read more

Is the tenancy deposit legislation legal?

Published on 2011-01-11 01:13:27

Can the tenancy deposit laws be challenged in the courts? Tenancy deposit law has been with us for several years now, and most people are getting used to it, even if many of them don’t like it.  However one website I spotted recently still has > read more

Tenants legal help – how do I know if my deposit is safe?

Published on 2011-01-10 01:09:05

How safe is your tenancy deposit? Basically if it is protected in a scheme it is safe, if it is not protected, it may not be. From 7 April 2007 all tenancy deposits for assured shorthold tenancies have to be protected in a government authorised tenan > read more

Introducing the Landlord Law Podcasts

Published on 2011-01-08 02:59:32

First Guest – Kevin Firth of the DPS A new initiative for the new year is my podcast series.  I’m hoping to do one per month and I have some great guests lined up for you. To tell you a bit more (and to practice with the audio equipment) > read more

TRO Confidential : The case of the happy new year

Published on 2011-01-07 01:39:57

A day in the life of TRO Ben Reeve Lewis. The case of the Happy New Year. Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Evictio > read more

Eviction – five misunderstandings about using section 21

Published on 2011-01-06 01:25:37

Eviction using section 21 Section 21 of the Housing Act 1988 is the section which says that you can evict your tenant, without giving a reason, provided you serve the proper form of notice. It sounds like quite an easy eviction procedure, and in a wa > read more

Urban Myth – it can’t be an HMO if all the tenants sign the same tenancy agreement

Published on 2011-01-05 01:07:58

It is important to know whether you have an HMO or not.  There are some rather important consequences.  For example: All HMO landlords have to comply with the special management regulations (and can be prosecuted and fined if they don’t), and > read more

What has happened to the CLG web-site?

Published on 2011-01-04 03:29:59

The government department in charge of housing matters is the Communities and Local Government department and they have a web-site here. In times past it was really informative, and had a lot of information, for example on HMOs, the Housing Health an > read more

Tenants legal help – doing the repair work yourself

Published on 2011-01-03 03:03:54

Repair work – an alternative to court action If there is urgent repair work which needs doing in your property and your landlord is refusing to do anything about it, there is one alternative. You could do it yourself, and deduct the money from > read more

TRO Confidential – The case of catch me if you can

Published on 2010-12-31 03:15:30

A day in the life of TRO Ben Reeve Lewis. The case of catch me if you can Explanation: Tenancy Relations Officers (TRO) work for local council’s providing advice on landlord tenant law and investigating allegations of harassment and Illegal Evictio > read more