1 / 31

Coodes Solicitors - Local, Approachable, Friendly

Coodes Solicitors is a local law firm with a friendly and approachable team of solicitors. With expertise in various areas of law, including rural services, commercial property, family law, and more, our goal is to guide our clients through the legal system and provide solutions for their needs. We aim to provide such exceptional service that our clients return to us for any future legal advice they may require.

lfrost
Download Presentation

Coodes Solicitors - Local, Approachable, Friendly

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Coodes SolicitorsLocal. Approachable. Friendly.

  2. Colin Hunter Partner Disputes Team Coodes Solicitors

  3. Legal Update 2015

  4. 1747

  5. 12 Teams of Specialists Lexcel &IIP Accredited Law Firm 70 Lawyers 172 Personnel

  6. 9 offices across Cornwall and Devon TruroSt AustellNewquayPenzanceFalmouthLiskeardLauncestonSt IvesHolsworthy

  7. Expertise in… Rural ServicesCommercial PropertyCorporate & CommercialCrimePersonal DisputesCommercial DisputesEmploymentFamily & DivorceMental Health & Community CarePersonal Injury & Clinical NegligenceResidential PropertyWills, Probate & Trusts

  8. Our Goal and Ambition “ Many people come to law firms at times of great stress and pressure. Our goal is to guide our clients through the legal system, providing solutions for their needs. Our ambition is to ensure that our service is so good that if they need further legal advice in the future, their immediate reaction is to come back to Coodes ” Gerard Hickie, Coodes LLP CEO 2015

  9. The October 2015 Changes Sections 30 – 41 Deregulation Act 2015

  10. Effective from 1 October 2015 • Applicable in England only • Restrict how and when Section 21 Notices are served and enforced • New prescribed Section 21 Notice

  11. What tenancies are affected? • All ASTs granted on or after 1 October 2015 • Not applicable to fixed term ASTs granted pre 1 October 2015 (even if become statutory periodic tenancy after 1 October 2015). • All ASTs in situ after 1 October 2018 (irrespective of when created)

  12. What is the new Notice? ‘Form 6A’

  13. Service Restrictions • 1. Cannot serve within first four months of the AST • 2. Cannot serve when Landlord is in breach of a ‘prescribed requirement’ • Prescribed requirements relate to: • The condition of the property • The health and safety of the occupants • The energy efficiency of the property • Currently cannot serve unless have provided to tenant either:- • - An Energy Performance Certificate (free of charge) • Or • - A Gas Safety Certificate (copy will suffice)

  14. Service Restrictions Continued… • 3. Cannot serve unless have provided to tenant :- • - DCLG: ‘How to rent booklet: the checklist for renting in England’ (not required to update as new versions come out) • Email or hard copy • Not required if: • - Are a private registered provider of social housing • - New tenancy and booklet provided under earlier tenancy and still up-to-date

  15. Service Restrictions Continued… The ‘retaliatory eviction’ provisions 4. Cannot serve when:- - Tenant has made written complaint about condition of premises or common parts And - Landlord has not responded within 14 days or given an inadequate response or serves a Section 21 Notice And - Tenant complains to LHA who serve a ‘relevant notice’

  16. Service Restrictions Continued… • Section 21 may not be given:- • Within 6 months of service of the ‘relevant notice’. • Where the ‘relevant notice’ is suspended within 6 months of that suspension • - ‘Inadequate response’ • - ‘relevant notice’

  17. Exemptions Retaliatory eviction restrictions do not apply:- - Where condition of premises is due to breach by tenant of duty to use property in tenant-like manner /express term of tenancy to that effect. - At the time the Notice is given the property is genuinely on the market for sale

  18. Other Restrictions - Must issue possession proceedings within certain time limits - Section 21 Notice : 6 months - Section 21 (4) Notice : 4 months from date specified. - If proceedings not started - new Section 21 Notice

  19. Other Restrictions Cont’d - Tenant has right to rent apportionment of rent paid in advance for post Section 21 period - A Positive note! The need to specify last day of period of tenancy in Section 21 (4) Notice is removed

  20. Practical Considerations - Be prepared - Provide prescribed information at outset of AST - Immediate Section 21 service now invalid - Be aware of earliest date for service of Section 21 Notice - Issue possession proceedings proactively (within 4 or 6 month period)

  21. Smoke & Carbon Monoxide • Effective 1 October 2015 What is required? • At least 1 smoke alarm per storey used as ‘living accommodation’ • A carbon monoxide alarm in any room used a ‘living accommodation’ where ‘solid fuel’ used.

  22. Who is responsible for checking alarms in working order? - Landlord at start of each new tenancy - Tenants during tenancy

  23. Smoke & Carbon Monoxide - No grace period - Law does not stipulate:- - Type of alarm - Where alarm should be placed - No need for carbon monoxide alarm where gas or oil appliances used. - Apply to unlicensed HMOs - Not applicable to live-in Landlords

  24. Smoke & Carbon Monoxide • Enforcement by Local Housing Authority • Remedial Notice • Civil penalty charge up to £5,000.00 • Review and appeal

  25. AST Deposit Protection • Note: • Deposit protection is mandatory. • Two objectives:- • To ensure deposit is protected and returned except where Landlord has legitimate claim • And • To resolve disputes using ADR • Applicable to ASTs only • Non-compliance means cannot serve valid S21 Notice

  26. Pre 6 April 2007 Deposit • If:- • Tenancy deposit received pre 6 April 2007 • And • A periodic AST has arisen on or after 6 April 2007 • And • Landlord has not protected deposit • Landlord must have protected by 23 June 2015 • If failure to comply:- • May be liable to financial penalties • May be prevented from recovering possession • Or • Repay in full

  27. Post 6 April 2007 Deposit • If:- • Tenancy deposit received post April 2007 • And • Not protected • Then: • Cannot protect late • Must:- • a) Repay in full • Or • b) Repay after agreed reductions

  28. Post 6 April 2007 Deposit Cont’d • On expiry of fixed term, no need to re-protect and re-serve if:- • Deposit initially protected • And • Prescribed information previously served • Landlord / tenant / property remain the same

  29. Questions?

  30. Talk to Coodes! • Full range of legal services to individuals, families and businesses • We offer products and services specifically for landlords

  31. Thank you! Colin Hunter coodes.co.uk

More Related