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Legal Update

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

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  1. Legal Update Tim Reid 19 March 2014

  2. Speaker Tim Reid • Solicitor • Accredited Commercial Mediator • Member of the Property Litigation Association

  3. 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

  4. 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

  5. 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

  6. Further case • Spencer v Taylor • Validity of s21 Notice • Saving provisions • Section 8 or Section 21? • Accelerated procedure

  7. 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?

  8. 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

  9. Gas Safety (Installation and Use) Regulations 1998 • Regulation 36 (4) • Check qualification of gas fitters • Gas Safe Register • £950 fine/£4000 costs

  10. …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

  11. Thanks for listening Any questions?

  12. Contact details Tim Reid Solicitor Tel: +44 (0)1295 661513 Email: timreid@brethertons.co.uk Steven Neasham Partner Tel: + (0)1869 252161 Email: stevenneasham@brethertons.co.uk

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