03300 885 792 CLIENT LOG IN
Oh it is the season to be Jolly…..that’s if it wasn’t for the current minefield that is Landlord & Tenant Law!
p.hebberd • Dec 20, 2018
Oh it is the season to be Jolly…..that’s if it wasn’t for the current minefield that is Landlord & Tenant Law!
We are nearly at the end of 2018 and what a year it has been. I think at last I have found my calling in life. Once upon a time I thought I would be saving the world… but no… it’s saving you lovely lot from being sued!
It is simple - serve the version of the guide in place at the time the property is let. The current up to date version can be found on the Government Website. When the tenancy is renewed, extended, a whole new tenancy granted or the tenancy goes periodic, IF the guide has changed serve the new version at the start of the tenancy. If the guide has not changed you do not need to serve it again. Always retain evidence that the guide was served and what version was served.
Don’t forget, if you serve the How to Rent Guide by email, you will need the tenant’s consent before doing so. This is normally set out in the pre-tenancy documents. If you do not get the tenant’s consent and the tenant contests the s21 notice on this point then the claim will fail.
2. Energy Performance Certificate
Any good agent will already have the EPC available to a prospective tenant when marketing the property, as this is your legal obligation. If you missed this bit and served it late, make sure it is served before any section 21 notice is served.
We are coming up against cases where tenants are refusing access to have the EPC carried out - they know their rights and are blatantly being evasive. This situation is best avoided so serve the EPC with the How to Rent Guide.
3. Gas Safety Certificate
I do get a little bit scrooge over this one. Earlier this year a case was challenged in court on the basis that the GSC was served late - 10 months after the tenancy commenced. The s21 notice (I should add Form 6A, the prescribed notice served under s21) was found to be invalid even though the GSC was served prior to the s21.
So to avoid me repeating myself like a broken record – and let’s face it there are plenty around at this time of year….although who doesn’t still love a bit of Wham - please ensure the GSC is served BEFORE the tenants take up occupation to the property. Do not leave it in the property for the tenant to find and do not send it to the tenants once they have moved in - hand a copy to the tenant BEFORE the keys are given. Judges are frequently challenging cases on this point so let’s not give them the opportunity!
4. Signing Legal Documents
The is somewhat my favourite: a tenant friendly barrister I spoke to was almost irritated with himself that he hadn’t picked up on this years ago!
So what had he missed? A great argument in his view, which is that If you are a company then legal documents must be signed off in accordance with Section 44 Companies Act and this includes Form 6A, Section 8 notices and deposit prescribed information.
Here’s the law that confirms exactly what is required http://www.legislation.gov.uk/ukpga/2006/46/section/44
5. Complete paragraph 4 of the Form 6A
I say this over and over again, to the extent that I feel the need to reach for a bottle of Port at this time of year! We know there is not a nice neat box to enter the landlord’s name and address on the Form 6A and it’s extremely easy to miss. I also know that you are instructed to manage the property by the landlord and that agents addresses are often given on the tenancy agreement. BUT this is a prescribed legal document and you must complete all the information for the notice to be valid. You must therefore include the landlords name and address on the Form 6A. This cannot be a c/o address – it must be the landlords actual address.
We often get faced with Landlord’s who do not want to disclose their address (and with some tenants I don’t really blame them) but the reality is that their address is on the public record and if proceedings are issued they must again include their current address on the claim form.
6. Give enough time
Lecture nearly over so bear with me….
For the sake of an extra couple of days when you serve legal documents (such as section 8 or section 21 notices) just add a couple of days. We still see so many notices at the point of expiry that are a day short. We allow 2 months plus two working days for service.
For example:
Service by first class post: if the notice was posted on 18/12/2018 it will be deemed served on the 20/12/2018. Then add two months, taking you to 20/02/2019 NOT 19/02/2019.
Service by hand (before 4.30pm): if you attend the property before 4.30pm on 18/12/2018 it will be deemed served on that same day. Then add two months, taking you to 18/02/2019 NOT 17/02/2019.
Finally, don’t forget to check the tenancy agreement for any little extra oddities on service of notices.
7. Deposit protection
This little cracker came to my attention after a Judge queried a set of possession proceeding. I thought - what now!
When a deposit is paid, the deposit prescribed information and any leaflet/information must be given to the tenants and any other person that paid the deposit AFTER the deposit was protected. We often see cases where the information is given to the tenant with the tenancy agreement, but the deposit is actually paid after. If this happens you must re-serve the information or you will invalidate the s21 notice.
NOTICES: LET US DO THE HARD WORK
Solicitor and Director
Woodstock Property Law Ltd
Take a look at our Christmas special, no frolicking about tips for serving a full proof s21 notice.
So here goes…..
1. How To Rent Guide
It is simple - serve the version of the guide in place at the time the property is let. The current up to date version can be found on the Government Website. When the tenancy is renewed, extended, a whole new tenancy granted or the tenancy goes periodic, IF the guide has changed serve the new version at the start of the tenancy. If the guide has not changed you do not need to serve it again. Always retain evidence that the guide was served and what version was served.
Don’t forget, if you serve the How to Rent Guide by email, you will need the tenant’s consent before doing so. This is normally set out in the pre-tenancy documents. If you do not get the tenant’s consent and the tenant contests the s21 notice on this point then the claim will fail.
2. Energy Performance Certificate
Any good agent will already have the EPC available to a prospective tenant when marketing the property, as this is your legal obligation. If you missed this bit and served it late, make sure it is served before any section 21 notice is served.
We are coming up against cases where tenants are refusing access to have the EPC carried out - they know their rights and are blatantly being evasive. This situation is best avoided so serve the EPC with the How to Rent Guide.
3. Gas Safety Certificate
I do get a little bit scrooge over this one. Earlier this year a case was challenged in court on the basis that the GSC was served late - 10 months after the tenancy commenced. The s21 notice (I should add Form 6A, the prescribed notice served under s21) was found to be invalid even though the GSC was served prior to the s21.
So to avoid me repeating myself like a broken record – and let’s face it there are plenty around at this time of year….although who doesn’t still love a bit of Wham - please ensure the GSC is served BEFORE the tenants take up occupation to the property. Do not leave it in the property for the tenant to find and do not send it to the tenants once they have moved in - hand a copy to the tenant BEFORE the keys are given. Judges are frequently challenging cases on this point so let’s not give them the opportunity!
4. Signing Legal Documents
The is somewhat my favourite: a tenant friendly barrister I spoke to was almost irritated with himself that he hadn’t picked up on this years ago!
So what had he missed? A great argument in his view, which is that If you are a company then legal documents must be signed off in accordance with Section 44 Companies Act and this includes Form 6A, Section 8 notices and deposit prescribed information.
Here’s the law that confirms exactly what is required http://www.legislation.gov.uk/ukpga/2006/46/section/44
5. Complete paragraph 4 of the Form 6A
I say this over and over again, to the extent that I feel the need to reach for a bottle of Port at this time of year! We know there is not a nice neat box to enter the landlord’s name and address on the Form 6A and it’s extremely easy to miss. I also know that you are instructed to manage the property by the landlord and that agents addresses are often given on the tenancy agreement. BUT this is a prescribed legal document and you must complete all the information for the notice to be valid. You must therefore include the landlords name and address on the Form 6A. This cannot be a c/o address – it must be the landlords actual address.
We often get faced with Landlord’s who do not want to disclose their address (and with some tenants I don’t really blame them) but the reality is that their address is on the public record and if proceedings are issued they must again include their current address on the claim form.
6. Give enough time
Lecture nearly over so bear with me….
For the sake of an extra couple of days when you serve legal documents (such as section 8 or section 21 notices) just add a couple of days. We still see so many notices at the point of expiry that are a day short. We allow 2 months plus two working days for service.
For example:
Service by first class post: if the notice was posted on 18/12/2018 it will be deemed served on the 20/12/2018. Then add two months, taking you to 20/02/2019 NOT 19/02/2019.
Service by hand (before 4.30pm): if you attend the property before 4.30pm on 18/12/2018 it will be deemed served on that same day. Then add two months, taking you to 18/02/2019 NOT 17/02/2019.
Finally, don’t forget to check the tenancy agreement for any little extra oddities on service of notices.
7. Deposit protection
This little cracker came to my attention after a Judge queried a set of possession proceeding. I thought - what now!
When a deposit is paid, the deposit prescribed information and any leaflet/information must be given to the tenants and any other person that paid the deposit AFTER the deposit was protected. We often see cases where the information is given to the tenant with the tenancy agreement, but the deposit is actually paid after. If this happens you must re-serve the information or you will invalidate the s21 notice.
Section 213 of Housing Act 2004 requires that the prescribed information must be served and the initial requirements of the authorised scheme must be complied with within the period of 30 days beginning with the date on which it was RECEIVED
.
You must therefore ensure that as soon as you take the deposit within the 30 day deadline:
You must therefore ensure that as soon as you take the deposit within the 30 day deadline:
- The deposit is protected
- The initial requirements complied with
- The prescribed information is served
If the paperwork is provided to the tenant before the deposit is received then we recommend that you re-serve the prescribed information.
FINALLY....If you are a member of Mydeposits please make sure you sign and retain a copy of the signed certificate before serving a copy on the tenant(s). A copy will be required if court proceedings for possession are issued.
FINALLY....If you are a member of Mydeposits please make sure you sign and retain a copy of the signed certificate before serving a copy on the tenant(s). A copy will be required if court proceedings for possession are issued.
NOTICES: LET US DO THE HARD WORK
We can safely say 9 out of 10 of notices sent to us to issue are invalid. This means we have to break the news to Landlords and start again. This makes landlords sad and also makes me unpopular, which makes me sad!
The examples above are just current issues we are seeing run through the courts nationwide and I am sure they won’t be the last. The team at Woodstock now serve the majority of notices for agents that we work closely with and for many private landlords. You can put all the pressure on us, make the most of our insurance, day to day contact with the courts and years of legal training leaving you to sit back and take care of the management of the property.
We all want happy landlords and a smooth journey to possession.
For more information on our fees call us or send an email to contact@woodstockpropertylaw.com and one of the team will give you a call.
MERRY CHRISTMAS!
Right now pass the bubbles and mince pies and go have some fun!
We will be sending through a legal update in the New Year which will amongst other things cover the tenant fee ban.
In the meantime, from all of us at Woodstock Property Law Ltd we wish you a very Merry Christmas and a Happy New Year.
See you all in 2019!!!
Solicitor and Director
Woodstock Property Law Ltd
Contact Us
News & Insights
Discover how Woodstock Legal Services is expanding its conveyancing expertise nationwide with strategic hires in London, Shropshire, Bournemouth, and the Cotswolds. Meet the new team enhancing high-value property transactions.
Woodstock Legal Services continues its regional expansion, welcoming Tony Bertin , a highly respected Consultant Employment Solicitor with over 45 years of experience in em ployment law. Based in Kent, Tony has witnessed the evolution of employment law firsthand, including the establishment of the UK's first employment tribunals. Tony has a hard-earned reputation for assisting both employers and employees across the country, with particular expertise in the Southeast and London. His unparalleled depth of knowledge makes him a trusted source of advice for all aspects of employment law. Speaking about joining Woodstock, Tony said: "I’ve seen employment law transform dramatically since those early tribunals. While it offers more robust protections today, the field has also become increasingly complex. That's why I'm thrilled to join the forward-thinking team at Woodstock Legal Services and help clients navigate this ever-evolving landscape. Their commitment to staying ahead of the curve aligns perfectly with my own dedication to providing strategic employment law solutions." Tony joins Woodstock's established employment team, working alongside Amy Cousineau-Massey and Richard Hiron , both of whom have significant experience in contentious and non-contentious employment law matters. Together, the team covers a wide range of employment law issues throughout England and Wales. This includes expert guidance on contract reviews, settlement agreements, redundancy processes, mediation, and tribunal defence. The team has also quickly established an enviable reputation for advising business leaders, senior executives, directors, and board members in workplace disputes. Carly Jermyn , CEO at Woodstock Legal Services said: “We are delighted to welcome Tony to our team. His unparalleled experience provides our clients with a strategic advantage in the ever-evolving field of employment law.” Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now has an impressive team of over 50, attracting top legal talent from regions including Dorset, Devon, Hampshire, Oxfordshire, Kent, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service. Contact Our Specialist Employment Law Solicitor For employment law guidance, contact Tony Bertin at 0330 1800206 or t.bertin@woodstocklegalservices.co.uk . Alternatively, fill in the form below and a member of our team will contact you.
Be informed about potential family court fee changes in 2024. Learn how they affect divorce, child arrangements, and what you can do.
Learn about the benefits and pitfalls of using guarantors for your rental properties. Get expert advice from Woodstock Legal Services' landlord solicitors.
Learn about cuckooing, a serious threat where criminals exploit vulnerable tenants. Get tips to safeguard your property and tenants, plus legal advice from Woodstock Legal Services.
Simplify shared ownership. Get a clear guide on eligibility, costs, staircasing, and how it can make your homeownership dream achievable. Expert advice included.
Woodstock Legal Services continues its national expansion by welcoming experienced Residential Conveyancing Solicitor Arvinder Samra to its growing high-value property team. Based in Warwickshire, Arvinder (Arvi) brings over 20 years of specialised experience in high-value residential property transactions, serving clients throughout the Warwickshire region. With a proven track record at large national law firms, Arvi has extensive knowledge in sales, purchases, and all aspects of residential conveyancing , with a particular focus on Warwickshir e conveyancing. Arvi brings a hard-earned reputation in residential conveyancing and is well-versed in the complexities of high-value property transactions in sought-after Warwickshire locations like Leamington Spa and Stratford-upon-Avon. Commenting on joining Woodstock, Arvi said: "Woodstock's consultancy model empowers me to manage my caseload strategically, focus on high-touch service, and ensure each client receives the exceptional attention they truly deserve. “Fortunately, I've always been able to ease the stress often associated with property transactions by taking on the heavy lifting and building strong client relationships founded on trust and exceeding their expectations." Arvi values the flexibility Woodstock offers, enabling him to maintain a healthy work-life balance and tailor his approach to individual client needs. This aligns with the Woodstock Legal Services commitment to attracting professionals seeking a fresh, family-oriented alternative to the constraints of traditional law firms. Carly Jermyn , CEO at Woodstock Legal Services, said: "We're thrilled to have Arvi join our team. Arvi’s commitment to providing a truly personalised experience, with an emphasis on reducing client stress, fits perfectly with the Woodstock approach." In a year that marks Woodstock’s 10th anniversary, 2024 continues to see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients. Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now has an impressive team of over 50, attracting top legal talent from regions like Dorset, Devon, Hampshire, Oxfordshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service. Carly continued: "We're seeing an increasing trend of experienced lawyers choosing consultancy, a community-focused model allowing our lawyers to focus on delivering exceptional service to their clients.” Contact Our Warwickshire Residential Property Solicitor For residential conveyancing in Warwickshire , contact Arvinder Samra on 01926 911246 or email a.samra@woodstocklegalservices.co.uk .
Woodstock Legal Services continues its strategic expansion with the addition of Consultant Licensed Conveyancer Charlotte O'Driscoll and Conveyancing Consultant Claire Cousins . The duo brings significant combined experience to the firm's Oxford team, bolstering its ability to serve clients in Oxford and surrounding areas. Specialising in all aspects of residential property , both Claire and Charlotte have extensive experience in all aspects of residential conveyancing, from sales and purchases to remortgages and Transfers of Equity. Charlotte O'Driscoll focuses on high-value residential property transactions, leveraging over 20 years of expertise. Claire Cousins , with her 20 years of property law knowledge and history of working alongside Charlotte, adds further depth to this dynamic team. "We're delighted to have Charlotte and Claire join our growing presence in Oxford," said Carly Jermyn , CEO at Woodstock Legal Services. "Their collective skillset and commitment to exceptional client service are perfectly aligned with Woodstock's approach. This move signals our focus on attracting top talent within the Oxfordshire property sector." In a year that marks Woodstock’s 10th anniversary, 2024 continues to see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients. Drawn to Woodstock Legal's innovative consultancy model, both Charlotte and Claire value the autonomy and flexibility it offers. "Woodstock's structure allows me to take true ownership of my caseload and provide a customised, responsive approach for each client," says Charlotte O'Driscoll . "The focus on high-value properties lets me delve deep into the detail which is what I enjoy." Claire Cousins adds, "The positive, family-oriented atmosphere at Woodstock is refreshing. There's a shared focus on delivering excellence, without the rigidity often found in larger law firms. I appreciate the support I have here, along with the freedom to build relationships directly with my clients." Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts an impressive team of over 45, attracting top legal talent from regions like Dorset, Devon, Hampshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service. Contact Our Residential Property Specialists in Oxford For residential conveyancing guidance in the Oxford area, contact Woodstock Legal Services. Reach Charlotte O'Driscoll at c.odriscoll@woodstocklegalservices.co.uk or Claire Cousins at c.cousins@woodstocklegalservices.co.uk .
Ambitious Dorset law firm Woodstock Legal Services has further strengthened its family team with the appointment of another experienced family solicitor. Family lawyer, Emilie Holland joins Woodstock Legal Services as a Consultant Family Solicitor and joins its highly regarded family law team , having already built an enviable reputation across Hampshire, Wiltshire and the South Coast having previously worked for a number of regional law firms. Surrey-born Emilie has over 14 years of experience dealing with family matters arising from separation, including high-net-worth divorce, dissolution of civil partnerships, cohabitation, complex financial settlements, asset protection and children disputes. Emilie also has vast experience dealing with relationship matters, including injunction proceedings, cohabitation agreements, and Pre-Nuptial Agreements. Commenting on her appointment, Emilie said: “I’m delighted to join the ambitious growth here at Woodstock Legal Services, which has achieved impressive growth over the last few years and is a firm breaking the mould with how they provide legal services" She continued: “The family team are not only held in high regard but are a team of passionate and committed lawyers who take so much pride in their work for clients. “Working within family law is highly rewarding, supporting people through difficult and emotional times and ultimately trying to find constructive solutions.” The Woodstock Legal Services family team already have an excellent reputation across Dorset and the South Coast. Emilie’s appointment takes the Woodstock family law team to three, with family solicitor Amy Langlois joining Woodstock in Bournemouth and, more recently, highly experienced family solicitor Karen Layland joining the firm last month . The family team advises on a wide range of matters, including divorce, separation, cohabitation agreements, pre-nuptial agreements, arrangements for children and financial settlement arrangements. Carly Jermyn , CEO at Woodstock Legal Services, said: “We are delighted to have Emilie join our growing family team. We’ve quickly established a solid reputation in the Dorset region, and I’m pleased that Emilie has joined to help us offer our family law services further afield. Her extensive experience in family law will continue to complement our wealth of legal services to clients. Emilie's appointment showcases our commitment to providing clients with the highest quality legal services, making an already emotional time as manageable as possible.” In a year which marks Woodstock’s 10-year anniversary, 2024 continues to see further expansion across the regions as more lawyers leave traditional law firms and turn to the more modern consultancy-based approach to offering quality legal services to clients. Woodstock Legal Services has been on an upward trajectory since its inception in Canford Cliffs, Poole, in 2014. The firm now boasts an impressive team of over 45 , attracting top legal talent from regions like Dorset, Devon, Hampshire, Yorkshire, London, the Midlands, and Wales. The firm's growth can be attributed to its flexible, consultancy-based approach to legal work and unwavering commitment to client service. Emilie continued: “The flexibility of the consultancy model offered by Woodstock is increasingly attractive to busy lawyers, particularly to those with young families. It’s a model that allows lawyers to focus on providing clients with the level of service and support they deserve while balancing a professional and personal life.” If you would like to discuss your legal options with our family law solicitors , please contact Emilie Holland on 0330 088 5792 or email e.holland@woodstocklegalservices.co.uk .
0330 088 5792
11 Haven Road, Canford Cliffs, Poole, Dorset, BH13 7LE
