Category Archives: Legal

Housing Bill should also include rogue tenants list, says AIIC

The Housing and Planning Bill, which includes measures to tackle criminal landlords and letting agents, should also address the issue of problem tenants, according to the Association of Independent Inventory Clerks (AIIC).
Included in the Bill are proposals to ban and fine criminal landlords and letting agents, introduce rent repayment orders and establish a database of ‘blacklisted’ landlords and agents.

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Section 21 possession cases at 15 year high

Commenting on quarterly landlord possession statistics released by the Ministry of Justice (MoJ), Paul Shamplina, Founder of Landlord Action, a firm which specialises in dealing with problem tenants, says that despite an overall 5% fall in possession claims issued at county courts in 2014 versus 2013, he believes the figures are skewed by a more lenient approach taken by social landlords, and that the continued rise in accelerated possession cases which are at a 15 year high, indicate the severity of the UKs housing shortage.

Social landlord possession claims (those made by councils and housing associations, mainly for rent arrears and anti-social behaviour) have fallen by 10,500 in the last year, whilst private landlords seeking hearings before judges have only fallen marginally by 629, but accelerated cases have risen by nearly 2000 to 36026.  Continue reading

Tenants behaving badly insurer warns

The nation’s landlords are leaving themselves exposed to the country’s worst tenants by failing to carry out basic checks, insurer AXA has warned.

With the rental market’s peak season about to start, AXA reveals just how many of the UK’s estimated 8.3 million tenants are behaving badly and how poorly protected landlords really are when the worst happens. Continue reading

Two thirds of landlord notices are incorrect

A new study by ‘landlords champion’ Landlord Action of the last 200 instructions received from landlords and letting agents that have served their own legal notices on tenants (Section 8 and Section 21) has revealed that 62% of these notices were deemed incorrect, which meant they were invalid or posed a greater risk of being thrown out at court; resulting in the need for new notices to be served.

Some landlords choose to serve notices themselves as a cost saving exercise, but Managing Director, Paul Shamplina, warns mistakes in eviction notices are among the most common reasons for delays and increased costs when a landlord tries to recover possession from a tenant who has an Assured Shorthold Tenancy (AST). Continue reading

Merry Christmas and Happy New Year to all our readers

Thanks to you, Propertytalk Live! has enjoyed another hugely successful year and seen exceptional growth in the number of people visiting the site.

And that’s not all – the number following us on Twitter alone has soared past 21,000 which we think is phenomenal. Continue reading

25% of home deals fall through due to poor communication

Over the last five years, consumers  believe that almost a quarter (23%) of all home purchases or sales have fallen through due to delays caused by poor communication between lawyers lenders and estate agents, according to a survey by OnePoll, commissioned by the Conveyancing Association.

The results show that, for over half (52%) of those who have bought or sold a house since 2008, the transaction took longer than expected, with just under half (48%) saying the process involved unforeseen delays. Continue reading

Long leases bill passes final hurdle in Scotland

The Bill formed part of a programme of property law reform put forward by the Scottish Law Commission. This included the ending of feudal tenure in 2004 through the Abolition of Feudal Tenure etc (Scotland) Act 2000.
The Bill:

– Converts ultra-long leases to ownership
– Protects landlords’ rights by providing for compensatory and additional payments.
– Moves away from an unnecessarily complex form of land tenure
Environment Minister Stewart Stevenson said:
"This Bill will simplify Scotland’s land tenure system. Ultra-long leases are so long that the tenant is, in effect, the owner in all but name. Clarifying the Continue reading

Law Society’s home-buying quality mark gets CML support

The Council of Mortgage Lenders hopes the CQS will create a trusted conveyancing community that will deter fraud, recognise high-quality services for home-buyers and lenders, and deliver a robust assessment and monitoring procedure for the solicitors’ firms that are admitted.

The lender body supports a CQS that represents a credible means of driving up standards among conveyancers, and improving lender and consumer confidence.

Once the CQS achieves the Law Society’s goal of providing a "confidence boost" for the lender market, the CML expects the CQS to become a prerequisite for membership of lenders’ conveyancing panels.

Michael Coogan, director general of CML, said: "The CML Continue reading

Law Society kitemark to help homebuyers and sellers

The CQS is a quality standard which will be awarded to a solicitors’ firms in recognition of their high standards of service and advice.

Launching the new scheme, Law Society President Linda Lee said high quality conveyancing practices have never had the opportunity to be recognised for the work that they do. 

"The CQS will give homebuyers an instantly recognisable ‘kitemark’ highlighting a firm’s professional excellence and their commitment to providing a high quality service.  

"The accreditation will allow consumers to identify quality conveyancing practices in a crowded and sometimes confusing market.

"The traditional values and legal skill of solicitors coupled with their professional integrity Continue reading