Landlord and Tenant Update; Assured Shorthold Tenancies

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Following on from my previous article Changes to Section 21 Notice which was implemented by the Deregulation Act.  These changes first came into effect on 1st October 2015 but only for tenancies which started or were renewed for new fixed terms after that date.  Therefore we have been in a transition period for tenancies which pre-dated 1st October 2015.  This transition period came to an end on 1st October 2018 and from that date the changes made by the Act will apply to all Assured Shorthold Tenancies (ASTs). However, not all the changes will apply especially to tenancies which pre-dated 1st October 2015.

Section 39 which requires the Landlord to serve the how to rent checklist at the start of the tenancy does not apply to tenancies pre 1st October 2015  according to Section 41. One area that requires clarification is whether pre 1st October 2015 tenancies require the landlord to serve the the tenant with the prescribed requirements of a Energy Performance Certificate and Gas Safety Certificate.  This is the provision that has caused landlords the most difficulty since the Deregulation Act came into force.  The Deregulation Act states that this provision will apply to any AST in existence at the time from 1st October 2018. However, the 2015 Regulations which specify the prescribed requirements expressly state that they only apply to ASTs granted on or after 1st October 2015 and not to statutory periodic tenancies that came into being on or after 1st October 2015 at the end of an AST granted before that date. It therefore seems that until new regulations are passed to clarify this position, there are no prescribed requirements in existence applicable to old tenancies.

However In a recent appeal from a county court decision, in the case of Caridon Property Ltd v Monty Shooltz, it has been held that the previous gas safety record of a property will need to be served on a new tenant before they commence the tenancy, otherwise any subsequent section 21 notice served against them will be invalid. It remains to be seen whether this case will be appealed further but the decision is likely to have significant ramification on landlords until this matter is decided further or changes are made to the current legislation.

Although changes have been made to assist Landlords in making the section 21 procedure more straightforward, as can be seen it still remains a difficult area to get right in serving a valid section 21 notice.  If you are unsure or require further advice on these changes and how they can affect you please contact Anton Bilinski who is able to guide you through these changes and act for you when a landlord or tenant dispute arises.

Haver Tri Triathlon Sponsored By Adams Harrison

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Haverhill’s triathlon festival returned for its fifth year, with a record 162 athletes competing across three types of sport and five races in and around the town.

HaverTri – the Adams Harrison Triathlon Festival was held on Sunday 7 October at Haverhill Leisure Centre, again in aid of Haverhill Scouts and Guides.

The HaverSports’ race saw athletes swimming in the leisure centre, before cycling through the nearby Essex villages, and finishing with a run along Haverhill’s historic railway line.

Winning the sprint triathlon in a time of one hour five minutes 53 seconds was Ben Redman, with the first woman home Emma Elston in one hour 20 minutes 29 seconds. Going double the distance in the Sprint+ race, Craig Warriner was first across the line in two hours 13 minutes 38 seconds, with the leading lady Emma Duncan in 32 minutes 23 seconds.

Skipping the pool for the duathlon (run – bike – run), Jason Elrick won the Sprint race in one hour 39 minutes 27 seconds, while Orla Devaney was the women’s winner one 57 minutes one second. Doubling up for the Sprint+, Craig Stewart won the day in two hours 35 minutes 56 seconds, with the first female Polly Wells in three hours 26 minutes 58 seconds.

Some 20 youngsters also competed in the aquathlon (swim and run, for ages eight and above), as the town’s triathletes of tomorrow were put through their paces.

“It was fantastic to see our biggest number of triathletes to date competing in around Haverhill, with town athletes mixing with those coming from across the region to experience racing here. It’s particularly pleasing to see so many of the younger aspiring athletes taking part, and coupled with the wide range of ages and abilities we had competing shows that our events really are suitable for all. We hope the support we experienced here today is reflected in people now coming to close their race season with us at the St Eds’ Running Festival in Moreton Hall, Bury St Edmunds, on Sunday 28 October.”

said HaverSports director Jack Tappin.

Rhodri Rees, senior partner at Adams Harrison Solicitors, said:

“We believe in supporting events in our community, while encouraging people to keep fit and contributing to important charities in the town. HaverTri is a good way for us to show our support in Haverhill and to continue to support these important sectors in the town.”

Duncan Batty, Group Scout Leader of 1st Haverhill Scouts, said:

“This annual events helps to contribute towards the funds we need for a new hut so the youth of Haverhill can continue to benefit from Scouting and Guiding. It also allows us to get involved in the community and show our support for people competing and keeping fit.”

Information about all HaverSports’ events is available at http://www.haversports.com/

You can see the full results here: http://racetimingsolutions.racetecresults.com/Results.aspx?CId=16269&RId=973&EId=4

You can get full details on St Eds’ Running Festival and enter here: https://www.eventbrite.co.uk/e/st-eds-running-festival-2018-tickets-46934374979

Support For St Nicholas Hospice

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To provide support for  St. Nicholas Hospice, Admas Harrison Staff took part in “Will Week” where wills were prepared for no fee and clients were asked to make donations to the hospice.

In total £2185.00 has been donated to the hospice.

Macmillan Coffee Morning & Cake Sale

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Thank you to everyone that took part in the Macmillan Coffee Morning/Cake Sale – to everyone that provided the delicious cakes and savouries and everyone that donated money. Together we raised £83.77.

Emma has chosen Macmillan as the charity to support from the Bake Off earlier in the year, which raised £142.08.

This takes the total we have raised for Macmillan to £230.45 – a fantastic amount for a very worthwhile charity.

Cancer Research Coffee Morning at Adams Harrison

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Adams Harrison also took part in the Coffee Morning for Cancer Research on Friday 28th September – total so far raised is over £83.00 – still the odd cake left so hoping to get in some more money.

Jeans For Genes Day at Adams Harrison

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Adams Harrison took part in the recent Jeans for Genes day on 21st September and raised a total of £50.00 across the three offices where staff wore jeans to work (even had some staff that contributed without wearing the jeans…)

Thank You From Sawston Village College

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We were delighted to receive this thankyou note from Sawston Village College for our support of their 2019 Sports Awards Evening.

It is our pleasure to help an important local community and we hope the evening goes well.

Please click on the image below to read the full letter.Sawston Village College Thankyou Letter For Adams Harrison

Make a Will or Review your Existing Will

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A Will is a legal document confirming how you wish your assets (your estate) to be dealt with following death.

Every adult who owns assets should make a Will rather than rely on the Intestacy Rules (statutory provisions) where there is no Will.

What is worse than not making a Will? Leaving an out of date or incorrectly drawn up Will.

Even if you have already made a Will, this ought to be reviewed periodically and in particular if you or your family’s circumstances have changed and following new legislation.

Have you married since making your Will? Marriage automatically revokes a Will made prior to the marriage unless it has been made in contemplation of, but not conditional upon, the marriage taking place.

Have you separated or divorced since your Will was made? A review would be advisable.

Have you had children since you made your last Will? Or perhaps you have subsequently become involved in a business which should be catered for separately in your Will.

Do you need to consider the joint ownership of any freehold or leasehold properties? Do you own as joint tenants or tenants in common and what is the difference?

Would a review of your Will ensure your property could be safeguarded against possible future nursing home fees of a surviving spouse?

Furthermore, there are Inheritance Tax considerations insofar as there is a new Residence Nil Rate Band that may be applicable to your estate and might require a review of the terms of your existing Will to fully utilise this new exemption.

If you require advice in relation to making a Will or reviewing the terms of your Will, contact a member of Adams Harrison’s Private Client Department for expert and professional advice.

 

Melanie Pratlett

Partner

Head of Private Client Department

Law Commission Proposes Major Modifications to the Enfranchisement Rules for Leasehold Houses

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In December of 2017 the Government announced it would prohibit nearly all future sales of new build leasehold houses and would be proposing modifications to the existing rules applicable to leasehold properties to circumvent what it has referred to as “feudal practices” and “unnecessary leaseholds, unjustifiable charges and onerous ground rent terms.”

Although for flats leasehold ownership is often practical, the Government sees little reason, other than additional profits for developers, for houses to be sold on a leasehold basis.  A ban on leasehold house sales will only protect future purchasers of newly built properties and would not present any respite for the millions of people in the country who already own leasehold houses.

To assist existing leasehold homeowners the Government has asked the Law Commission to prioritize modifications to the current enfranchisement scheme.  Leasehold property owners have “enfranchisement rights” which include a right to purchase the freehold interest in a property or to extend the leasehold term.  However, at present, the rules relating to enfranchisement are complex, technical and burdensome.

The Law Commission has published a summary of proposed modifications to the leasehold enfranchisement scheme relating to leasehold houses.  The modifications proposed are aimed at simplifying the regime to make enfranchisement more accessible for leasehold property owners and include recommendations for the removal of unnecessary technical hurdles, modifications to the eligibility rules, and simplifying the enfranchisement procedure.  Under the current scheme a leasehold owner must have owned the property for at least two years before the rights can be exercised, however, the proposed changes would do away with this time requirement to allow leasehold house owners to seek immediate relief.

At this stage the proposed modifications are just that, proposals, however the Law Commission has advised that an in depth Consultation Paper will be published this month and it is our hope that the proposals will lead to substantive changes in the enfranchisement regime which will make the enfranchisement process simpler and less expensive for our clients.

If you have any questions please contact our Conveyancing team.

Changes To Section 21 Notices Coming 1 October 2018

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On 1 October 2015, big changes were made to section 21 of the Housing Act 1988 for tenancies in England.

These changes were brought in by the Deregulation Act 2015 for tenancies that came into effect or were renewed on or after the 1st October 2015. The notable provisions were as follows:

  • The introduction of a new section 21 Notice (form 6A).
  • Compliance with the Tenancy Deposit Scheme (“TDS”).
  • The Requirement to have given the tenant a gas safety certificate before the tenancy commences.
  • The requirement to have given the tenant an EPC before the tenancy commences.
  • The requirement to have given the tenant the ‘How to Rent Checklist’ before the tenancy commences.
  • Limiting the time to enforce a section 21 notice to six months after the date of service.
  • The removal of the requirement to expire a section 21 notice under a periodic assured shorthold tenancy ‘after the end of a period of the tenancy’.

From 1 October 2018 these rules will apply to ALL tenancies. This includes tenancies granted before October 2015.

The only exception is the requirement to provide the How to Rent Guide (because this did not exist before October 2015).

These requirements make it more onerous for landlord to evict tenants and make the service of a section 21 notice even more important than ever before.

If you require further advice on these changes and how they can effect you please contact Anton Bilinski who is able to guide you through these changes and act for you when a landlord or tenant dispute arises.