Rakusen (Respondent) v Jepsen and others (Appellants) [2023] UKSC 9: A Detailed Analysis Introduction to the Case The United Kingdom Supreme Court case, Rakusen v Jepsen and others [2023] UKSC 9, represents a pivotal moment in UK property law, particularly concerning the relationships between landlords, tenants, and sub-tenants. This case delves into the complexities surrounding ..read more

Introduction Will Labour Abolish Section 21? The debate over Section 21, often referred to as the “no-fault eviction” clause, has been a hot topic in the UK housing sector. This controversial law allows landlords to evict tenants without providing a reason, leading to concerns about housing stability and tenant rights. With the Labour Party vowing to abolish Section 21, this article delves into the implications of such a move, examining the arguments on both sides, the potential outcomes, and the broader social impacts. Understanding Section 21 Definition and Background Section 21 of the Housi ..read more

Analysis of the Labour Party Housing Manifesto Introduction The Labour Party has long championed social justice, and one of its most critical battlegrounds is housing. The Labour Party’s Housing Manifesto presents an ambitious plan to tackle the housing crisis, promising to revolutionize housing policy and provide affordable, quality homes for all. In this blog, we will delve into the key aspects of the manifesto, examining its vision, detailed policies, and potential impacts on the housing landscape in the UK. Labour Party’s Vision for Housing The Labour Party envisions a society where everyo ..read more

Mortgage Arrears - Avoid Repossession Mortgage Repossession - Avoid Arrears Understanding Mortgage Arrears Mortgage Repossession Mortgage Repossession - Whether you are a property owner, living in your property, or a landlord, many properties are purchased by obtaining a mortgage or buy-to-let mortgage. The property will be registered with HM Land Registry as belonging to the purchaser, but the lender will have a charge against the property. If you fail to keep up with your mortgage instalments, you will fall into arrears. Missed mortgage payments are recorded on your credit file and adver ..read more

Terminating a Rent to Rent Agreement Rent to Rent agreements, often advertised as Rent Guarantee Agreements, are becoming an increasingly common method for private landlords to let their residential properties. Whilst there are plenty of reputable companies that offer private landlords rent to rent options, there are also many issues landlords face when letting their property on a rent to rent basis. A rent to rent, or guaranteed rent, arrangement is where a landlord (“Party A”) will let a property to a company, or person, (“Party B”) on the basis that the property will be lawfully sublet to a ..read more

Guide to Serving Notice in Wales A “Standard Contract” is the most common agreement between a private landlord and tenant of residential property. This is the agreement that replaced assured shorthold tenancies on 01 December 2022. Existing assured shorthold tenancies converted to “Standard Contracts” automatically on this date. Tenants are now called “Contract-Holders” under the new Welsh law. To make things easier, we’ll simply refer to a “Standard Contract” as a tenancy agreement in this guidance and the “Contract Holder” as a tenant. There are 3 other types of tenancies in Wales and more n ..read more

Abolishing No-fault evictions & Rogue Landlords On 15 April 2019, the Government announced: “Private landlords will no longer be able to evict tenants from their homes at short notice and without good reason.” This was followed by a consultation process which ran between July and October 2019. The consultation paper proposed the abolition of section 21 of the Housing Act 1988. This is no-fault eviction ground that allows landlords to seek for possession of their properties without reason. MP’s have recently stated that the Government risks undermining its plans to ban the no-fault eviction ..read more

Right to Rent penalties The UK has in place a framework of laws, policies and administrative arrangements to ensure access to work, benefits and services is only available to those who are lawfully present in the UK and have the right to access them. In relation to letting property, these are known as the Right to Rent, and there are Right to Rent Penalties for landlords or agents that do not comply. The Right to Work and Right to Rent Schemes (“the Schemes”) were introduced as part of these measures to ensure only those who are legally entitled to work in the UK can access employment and to p ..read more

Latest Mandatory How to Rent Guide A new version of the legally mandatory renting checklist is issued by the Government, six months after the last one was printed. A new version of the How to Rent Guide is published by the Government on 02 October 2023, just six months after the last one. Information on the Housing Loss Prevention Advice Service is detailed in the new version. It replaces the Housing Possession Court Duty Schemes (HCPDS), which provides legal advice to tenants at risk of eviction. The How to Rent guide is for tenants and landlords in the private rented sector, and applies to E ..read more

Enforcing A Suspended Possession Order A suspended possession order, is an order for possession of property, that is suspended on specific terms set out in the order. The consequence of this is that the landlord cannot enforce th order, unless the terms upon which it has been suspended have been breached. The Court of Appeal found, in the case of Cardiff City Council v Lee ((2016) EWCA Civ 1034) that all landlords issuing a warrant for possession following breach of a suspended order for possession needed to first obtain permission of the Court before the warrant could be issued to enforce the ..read more