Articles by ‘Marianne Johns’

For many people, their property is the most valuable asset they own. Yet, how many of us can say that we have taken steps to protect this asset? Property fraud is on the rise, and the tactics that fraudsters use are becoming increasingly more sophisticated. Prevention is better than cure.

With the introduction of the ‘rights to rent’ in February last year, private landlords must carry out checks to ensure that their tenants have the right to rent in the UK.

There are many obligations placed upon landlords, to the extent that some people might say Landlord and Tenant legislation has gone too far, especially when a rogue tenant comes across your path. Being a landlord can sometimes be an uneasy job.

While we still await the overhaul of the Insolvency legislation, the Enterprise and Regulatory Reform Act (ERRA) 2013 (Commencement Number 9 and Saving Provisions) Order 2016 has been passed, bringing into force Section 71 of the ERRA 2013 on 6 April 2016.

As of 1 February 2016, private landlords must check the right of prospective tenants to be in the country before a tenancy is offered. If a prospective tenant does not have the right to be in the UK and a tenancy is offered to them, the landlord could face a hefty £3,000 fine.

Recent surveys reported on in local and national press show that late payers are still prevalent and are the cause of cash flow problems affecting the growth and stability of many businesses.

It is therefore as important as ever, even with signs of economic growth and stability, for businesses to stay on top of their game when it comes to collecting in the cash.

In recent years we’ve seen a trend of more and more people working from home. But did you know that in the case of rented property, this can change the legal relationship between the landlord and tenant, from a residential tenancy to a business one?

From October 2015, a number of changes come into effect regarding the Deregulation Act 2015, particularly Section 21 notices and landlords’ additional responsibilities to assured shorthold tenants.

A recent High Court decision has emphasised two important principles when buying a property: only exchange contracts when you are confident you will have the funds and are ready to complete, and always obtain a survey before you exchange. It is the buyer who stands to lose out by not taking these fundamental steps.

Landlords have been obliged to protect tenants’ deposits since 2007, but not many will realise that failure to do so can affect their right to evict tenants under Section 21 of the Housing Act. A recent case has resulted in this being used against tenancies started before new legislation came into play. Marianne Johns from our Property Disputes team discusses.

When a tenant hasn’t paid their rent, you need to think about whether you want to keep your tenant and simply recover the debt to improve your cash flow, or whether you feel that the tenant is too unreliable and the time has come for them to go.

Marianne Johns discusses a case of a squatter-turned-owner, and how in law two wrongs can make a right.