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Author : Property Team

Supreme Court Ruling on Estate Agent's Commission

Agent’s Commission Payable but Reduced for Not Complying with the Estate Agents ActAn important ruling was recently handed down by the Supreme Court in Wells v Devani [2019] UKSC 4, which concerned a dispute between an estate agent and seller which arose when the seller refused to pay the estate agent’s commission following comp ... Continue reading

Renting Homes (Fees etc.) (Wales) Act 2019 Receives Royal Assent

The Renting Homes (Fees etc.) (Wales) Act 2019 (‘the Act’) received Royal Assent on 15 May 2019 and is due to come into force in Wales on the 01 September 2019.The purpose of this Act is to make costs more transparent and to make the private rented housing market in Wales more accessible to tenants who often struggle to meet up ... Continue reading

New Section 21 Notice (Form 6A) (England)

The Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) Regulations 2019 were passed on 7 May 2019. These regulations amend the Section 21 Notice (prescribed Form 6A) for use in England, to evict tenants occupying a property under an Assured Shorthold Tenancy (‘AST’) on expiry of the fixed term of the tenancy. The ... Continue reading

Tenant Fees Act 2019 - Greater Protection for Tenants in England in the Private Rented Sector

As part of the Government’s drive to make renting fairer and more affordable, and to improve transparency and affordability in England’s residential lettings market, the private rented sector in England faces further changes in the shape of the Tenant Fees Act 2019 (‘the Act’) which comes into force on 1 June 2019.This Act prohi ... Continue reading

Proposed Mandatory Requirements for Landlords to be Members of a Redress Scheme

Earlier this year, the Government gave its response to the consultation on ‘Strengthening Consumer Redress in the Housing Market’.This consultation ran for two months at the beginning of last year and considered the current procedure for addressing complaints and disputes in the housing market and whether the process could be im ... Continue reading

Government Plans to Abolish s21 Eviction Procedure

The Government has outlined plans to consult on new legislation to abolish Section 21 evictions in England. Similar plans have also been announced for Wales.Under the current law in England, landlords can evict tenants (giving them eight weeks’ notice) at any time after the fixed-term contract has come to an end, without specify ... Continue reading

RICS Professional Statement on Service Charges in Commercial Property

Commercial property agents who are members of the Royal Institute of Chartered Surveyors (RICS) or who are regulated by RICS (RICS’ Agents) will need to comply with the RICS Professional Statement ‘Service charges in commercial property (1st edition)’ (‘the Statement’) which came into force on 01 April 2019.The Statement replace ... Continue reading

Mandatory CMP Schemes for Letting Agents and Property Managers

The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations came into force on 01 April 2019.  Under these regulations, all private sector letting agents and property managers in England who hold client money are required to be members of a government approved Client Money Pr ... Continue reading

Updated 'Fitness for Human Habitation' Standard - Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 (‘the Act’) comes into force on 20 March 2019.The Act introduces a new implied covenant in tenancy agreements (whether written in the agreement or not) that social housing landlords, private residential landlords, and agents acting on their behalf, must ensure that the property i ... Continue reading

Brexit Notes: What will a No-Deal Brexit Mean for the Property and Real Estate Sector?

In answering this question, this post – the latest in our series of ‘no-deal’ Brexit Notes – will consider the impact of a no-deal departure from the EU on the legislative framework governing property ownership and transactions, as well as taking a brief look at the commercial impact on the property market.Impact on the Legislat ... Continue reading

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