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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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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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