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RLA find errors in wording of proposed deregulation act

RLA find errors in wording of proposed deregulation act

RLA Find Serious Drafting Error In Rented Housing Regulations Of Proposed Deregulation Bill

The Residential Landlords Association (RLA) have called on the Government to delay the implementation of the proposed Deregulation Act after they found errors in the wording of the document that would expose private rental sector landlords to a legal minefield.

The RLA published the following on their newshub

A major drafting error in Government regulations affecting the private rented sector risks undermining confidence in new legislation being applied to the sector.

The Deregulation Act, passed prior to the General Election, provides Ministers with the power to introduce a new standard form for landlords to complete and provide to a tenant when seeking to regain possession of a property on a no fault basis, known as a Section 21 notice.

With the form due to become legally binding from the 1st October, the Residential Landlords Association (RLA) has written to the Housing Minister, Brandon Lewis MP, to seek a delay following the revelation of a serious drafting error.

The standard form, as currently drafted, notes that where a fixed term tenancy ends and then turns into a rolling or periodic tenancy the Section 21 notice would only be valid for four months from the date that it is served on the tenant*.

This contradicts the Deregulation Act, which makes clear that the required period to regain possession of a property where a tenancy is a rolling or periodic tenancy, should instead be four months from the date the Section 21 notice expires**.

Despite having engaged thoroughly with the Government on its proposals, the final version of the standard form, published last week, had not been shown to the RLA.

The RLA is warning that the drafting exposes landlords to a legal minefield, and is calling for the implementation of the plans to be delayed to give more time to get them right.

RLA policy director, David Smith, said “The RLA continues to share the Government’s ambitions to ensure that all landlords understand and properly implement their legal responsibilities and obligations. In light of the major changes being introduced for the sector it is vital that all documents published by the Government are clearly understood. This drafting error will serve only to dent the confidence of landlords in the legislation. Whilst Ministers are understandably eager not to let these new measures drift, it would make more sense not to rush their implementation than face the potential legal difficulties that will now arise for landlords.”

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Superstrike Case Causes Confusion

Superstrike Case Causes Confusion

Lord Justice Lloyd delivered judgement on an appeal from Wandsworth County Court for the case of Superstrike Ltd v Marino Rodrigues on the 14th June 2013 and since then conflicting advice has been offered by different landlord associations.

The Residential Landlords Association (RLA) told its members that they will be issuing updates shortly, after they have sought advice from its deposit protection partner the Tenancy Deposit Scheme (TDS).

By contrast, the National Landlords Association (NLA), who have business links with MyDeposits and the UK Association of Letting Agents (UKALA) have condemned the speculation and online reporting of the case.

The NLA issued advice to members stating that the Superstrike case also only relates to landlords within a particular timeframe, who used Section 21 notices. In reality the case will have little effect on landlords and insist that the ruling only pertains to tenancies started before April 6, 2007, and which have subsequently become periodic.

The NLA are discussing the matter with officials responsible for tenancy deposit protection (TDP) legislation within the Department for Communities and Local Government (DCLG) and legal professionals.

It is important to understand that appeal judges only consider the case presented to them, not a similar set of circumstances, or a variation on a theme.

The precedent they set is therefore only applicable to cases subject to the same set of circumstances. This fact is crucial in this instance as the case of Superstrike Ltd v Rodrigues is not representative of all landlords or private tenancies.

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Rent paid in advance does not count as a deposit

Court Of Appeal Rules That Rent In Advance Is Not A Deposit

Court Of Appeal Rules That Rent In Advance Is Not A Deposit

The landmark Court of Appeal ruling means that landlords and their appointed letting or property managing agents are not obliged to treat rent paid in advance as a deposit, as that would require protection under the Housing Act 2004.

The Court of Appeal’s decision was made in respect of the long-running case of Johnson v Old, where the tenant was offered a six-month tenancy and was asked for six months’ rent in advance, because she did not have a guaranteed fixed income.

The agreement in the case provided a confusing element as the agreement stated that the rent should be paid monthly in advance, but also said that the rent should be paid six months in advance.

The tenancy was subsequently renewed on the same terms before becoming a periodic tenancy where the rent was paid monthly in advance.

The landlord attempted to gain possession of the property, by serving a Section 21 notice to the tenant, Anne Old.

The tenant countered the Section 21 notice, saying that it could not be legally served because she had paid the rent in advance, which she thought should have been treated as a deposit and therefore protected.

The tenant’s argument was successful at the first court hearing, but was then challenged successfully by the landlord at a second.

The tenant then appealed the judges 2nd decision, and with the help of legal aid, the case then went to the Court of Appeal, which gave its decision in favour of the landlord. 


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