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Legal Update. Tim Reid 19 March 2014. Speaker. Tim Reid Solicitor Accredited Commercial Mediator M ember of the Property Litigation Association. Tenants Charter. Initial press release October 2013 Still in draft

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Presentation Transcript
legal update

Legal Update

Tim Reid

19 March 2014

speaker
Speaker

Tim Reid

  • Solicitor
  • Accredited Commercial Mediator
  • Member of the Property Litigation Association
tenants charter
Tenants Charter
  • Initial press release October 2013
  • Still in draft
  • Model agreement to include, longer terms, break clauses and rent reviews
  • Greater flexibility
  • Scheme for Redress
  • Landlord’s information for “standard” questions
superstrike ltd v rodrigues
Superstrike Ltd v Rodrigues
  • Tenancy was 1 year minus a day from 8.1.2007
  • Deposit taken but not registered
  • Became statutory periodic – S.5 Housing Act 1988
  • Section 21 Notice to end periodic tenancy
  • Appeal
the legal argument
The Legal Argument
  • Was a new tenancy created?
  • Had the deposit been “received” at the start of the periodic tenancy?
  • N and D (London) Ltd-v-Gadson1991
  • Section 5 Housing Act 1988
further case
Further case
  • Spencer v Taylor
  • Validity of s21 Notice
  • Saving provisions
  • Section 8 or Section 21?
  • Accelerated procedure
further issues
Further issues
  • Change status
  • Initial scheme requirements
  • Prescribed information (essential)
  • Is the registration valid?
    • TDS
    • My Deposits
    • DPS
  • 30 day period “from change”
  • Is contractual term rolling?
controlled waste england wales regulations 2012
Controlled Waste (England & Wales) Regulations 2012
  • Local authorities’ charges to businesses
  • Is student accommodation a business?
  • Practise to stop if domestically rated
  • Regulated by DEFRA
gas safety installation and use regulations 1998
Gas Safety (Installation and Use) Regulations 1998
  • Regulation 36 (4)
  • Check qualification of gas fitters
  • Gas Safe Register
  • £950 fine/£4000 costs
and finally
…And Finally
  • Leasehold Valuation Tribunals now First Tier Tribunal (FTT)
  • CPRs & BPRs
  • The Universal Credit
  • Immigration Bill 2013
  • No win no fee for x3 claims
thanks for listening
Thanks for listening

Any questions?

contact details
Contact details

Tim Reid

Solicitor

Tel: +44 (0)1295 661513

Email: [email protected]

Steven Neasham

Partner

Tel: + (0)1869 252161

Email: [email protected]

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