February 2017 – Newsletter

Property Litigation News

Changes to S21 Notice Procedure

Landlords of residential let properties please take note.

A number of changes to Section 21 possession claims are brought in after 1^st October 2015 under the new rules in the Deregulation Act 2015.

Any new Assured Shorthold Tenancy (AST) in England starting on or after the 1^st October 2015 will require the new Standardised Section 21 (A6) form and you MUST conform to the new requirements, the main ones being:

1. Provide the tenant/s with a current copy of the 10 year Energy Performance Certificate (EPC) for the rental property, when letting information is given or at the viewing whichever is sooner.
2. Provide the tenant/s with a current copy of the annual Gas Safety Certificate for the rental property before the tenant enters the property.
3. Provide the tenant with a current copy of the Government Booklet: How to rent: the checklist for renting in England This MUST be the latest available version at the time of letting and on a tenancy renewal.
4. Protect any Tenancy Deposit taken, plus serve the statutory information (s213 notice) and the scheme’s information leaflet within 30 days of receiving the deposit. Always get proof of service and remember that the statutory notice must provide reference to the clause in the tenancy agreement which spells out the circumstances under which monies can be withheld, e.g., rent arrears, service changes, damage etc.

You must be able to prove you did all this by having some sort of proof of service, or signed documents from your tenant/s. Documentation is key.

Changes to Notice Periods:

• The new Section 21 notice cannot be served in the first 4 months of the original tenancy but it can be served at the start of a tenancy renewal.
• Once served the s21 lasts for a maximum of 6 months, during which time court action must be started, otherwise a new notice will need to be served.
• The new notice does not require an end date or end on the last day of a tenancy period. It is simply 2 months’ notice. The exception to this is where the tenancy is contracted for quarterly or longer periods, in which case this rent period would be the length of notice required.
• Where the tenancy is a contractual periodic one, possession claims will need to start within 4 months of expiry of the notice.
• For 6 month tenancies it will not be possible to end the tenancy at the end of the term, but most likely it will be a few days into the next rent period. Because of this anomaly the legislation says that landlords must repay the over-payment of any rent

Speak to a member of our Property Litigation Team if you require assistance with serving a notice.

For more information or if you have any other property related matter, please click on the link Property Litigation Solicitors – Lane & Co. Solicitors or contact our Property Litigation Team on 01922 700 730.

Broken Record? – For Good Reason

We are regularly asking our Clients to check the information they send prior to asking us to complete work for them.

If we find at Issue stage that any of the information provided isn’t 100% accurate we may have to start the process of sending the Letter Before Action again.

Time = Money

The most common errors we experience are:-

1. Post codes do not correlate to the address we have been given
2. Company Registration does not match the Company name
3. Company Name originally provided differs slightly from the name on Companies House
4. Breakdown of invoices do not match the outstanding debt
5. Faxed / Handwritten Instructions can be very difficult to read

We pride ourselves on our fast efficient service and the fact that we still provide Letters Before Action from as little as £1.95 + vat, however our service can only be as good as the information we are given.

We encourage our Clients to instruct us via our website Letter Before Action Form, and ensure that all information is checked prior to submitting.

Help us to help you

Email and Internet Risks – To you the Employer

Highlighting the risks all employers and employees should be aware of when using email and the internet at work, sending work related emails or discussing the workplace on the internet.

Reputational Risks

What you write in emails or on the internet could seriously damage your own or another person’s reputation, this could lead to being sued, fined or even imprisoned.

Issues to be addressed:-

• Stop and think before you click
• Emails and internet postings can be used in legal proceedings
• It is very difficult to delete emails and online postings
• Do not be hurtful or spread rumours
• Take care with confidential information
• Do not make a contract by mistake
• Do not copy someone else’s work
• Do not send or view offensive or unknown material
• Avoid unproductive usage

For further details on these issues please follow the link – Email and Internet Risks

It may make sense to circulate to your staff

Help us to help you

Two Members of Staff – Over 30 years of experience

What an achievement….

Helen Abel –  10 Years and Counting

Helen has been with us for 10 years now, apart from her obvious love of her job she enjoys:-

1.  Bootcamp – See May 16 Newsletter. This year she will be upsizing from the 5k to the 10k Race for life – ‘Pretty Muddy’ – watch this space!

2. Pebbles – her dog

3. Reading

4. Supporting ‘her man’ fishing

Richard Goodman – 20 Years and Counting

Richard has been with us for 20 years, apart from his dedication at work he enjoys:-

1.  Racket Sports – he plays tennis three times a week and squash at least once a week. Unfortunately he does not have time to play Racket Ball

2. Walking his dogs – Bella his Yorkshire Terrier and Bonnie the Border Collie. (Dogs are a recurring theme at Lane and Co)

3. France – Richard loves all things French, he is currently learning to speak the language