Homes (Fitness) Act Allows Tenants to Sue Landlords over Property Condition

How landlords will be affected by the Homes Fitness for Human Habitation Act put forward by Karen Buck MP

A new Act of Parliament was passed a few days before Christmas 2018, giving tenants in England new powers to fight unfit housing – including the ability to sue landlords for not carrying out repair work.

The Bill was originally championed by Karen Buck MP, and was given much attention after the fire at Grenfell Tower. Continue reading “Homes (Fitness) Act Allows Tenants to Sue Landlords over Property Condition”

Surrendering a Tenancy Agreement by Mutual Consent

End a tenancy agreement early using implied or express surrender of tenancy

There are two main ways to end a tenancy. The landlord or the tenant can serve notice, ending the tenancy according to the rules laid out in the contract. Alternatively, both the landlord and the tenant can agree to end the tenancy by mutual agreement.

In the first situation, the rules of the contract must be followed closely because only one party wants to end the tenancy, and the rules of the tenancy agreement are there to ensure this happens fairly and smoothly.

In the second, because both parties are happy to proceed according to new, agreed terms, the tenancy-ending mechanisms in the contract (e.g. how much notice to give) don’t have to be followed. This is called a surrender of tenancy.

Continue reading “Surrendering a Tenancy Agreement by Mutual Consent”

Deposit Protection Schemes: a Guide to Custodial & Insured Security Deposits

How security deposits work and how to protect a tenancy deposit legally

Two Kinds of Deposit Protection Scheme

There are two kinds of scheme that landlords can use to register a rental security deposit: custodial and insured.

The main difference between them is simple. Under a custodial scheme, the money is held by the scheme provider; under an insured scheme, the landlord can keep the money in their own bank account during the tenancy.

Continue reading “Deposit Protection Schemes: a Guide to Custodial & Insured Security Deposits”