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 • December 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!

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:
  • 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.


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!!!


Paula Hebberd
Solicitor and Director
Woodstock Property Law Ltd

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News & Insights

By Kirsty Jocham March 6, 2025
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Hands shaking to show support and care for Family Law situations.
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Good Work note to show the importance of positive feedback and team management.
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Divorce document with two gold wedding bands, representing end of a marriage or civil partnership
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A family home being gifted: legal and tax advice from Woodstock Legal Services.
By Becci Newton January 16, 2025
Making plans for your property is an important part of looking after your family’s future. Many parents consider gifting their home or a share of it to their children, whether for practical reasons or as part of estate planning . It’s a generous gesture, but there are a few things to think about before making the decision. Recently, we had two conversations about this very topic. Both were quite different, but they showed just how much a little legal advice can help in making the best choice. Why Do You Want to Gift Your Property? Everyone has their own reasons for wanting to transfer property to their children, and these reasons can shape the best approach. In one case, a retired gentleman wanted to gift his property to avoid inheritance tax. However, after looking at his circumstances, it turned out his estate wouldn’t have been subject to inheritance tax anyway. He also hadn’t realised that if he continued living in the property without paying rent to his children, the “gift with reservation of benefit” rules would still apply, and the home would remain part of his estate for inheritance tax purposes. In another case, a mother wanted to gift a share of her home to her daughter, who was moving in with her. She was aware of the rules, like the seven-year rule and the capital gains tax exemption for principal residences. But her situation had an added layer – her daughter was leaving a difficult marriage and planning to start divorce proceedings. While it’s unlikely that the gifted share of the property would be considered a marital asset, transferring it before the divorce was officially underway could have introduced complications. After discussing the options, she decided to wait for the right moment to make sure her daughter was protected. Things to Think About When Gifting Property Gift with Reservation of Benefit (GROB) If you gift a property but continue to live in it without paying market rent, it could still be treated as part of your estate for inheritance tax purposes. It’s worth understanding how this could affect your plans. The Seven-Year Rule Gifts made during your lifetime are potentially exempt from inheritance tax if you live for seven years after making them. However, if you pass away within those seven years, the gift could be subject to tax, depending on how much time has passed since it was made. Capital Gains Tax (CGT) If the property you’re gifting is your main home, it’s usually exempt from capital gains tax. However, if it’s a second property or a rental property, CGT may apply, and it’s calculated based on the property’s value at the time of the gift. When Family Circumstances Add a Personal Layer Gifting property often involves more than just tax or financial considerations. Family dynamics can play a big part in the decision. In the case of the mother and daughter, understanding the emotional and legal context of their situation was vital. The mother’s desire to help her daughter was clear, but timing was everything to make sure the gift didn’t create unintended issues during divorce proceedings. This is why it’s so important to share the full picture with your legal advisor. Every family’s circumstances are different, and careful planning can help ensure the best outcome for everyone involved. Taking the Next Steps Gifting property is a generous act, but it’s not something to rush into. There are rules and potential pitfalls to consider, and getting the right advice can make a big difference. Whether you’re thinking about inheritance tax, capital gains, or how a change in ownership might affect your family, having a clear plan in place is always a good idea. Specialist Advice from Woodstock Legal Services At Woodstock Legal Services, our team can help with property gifting, inheritance tax planning, and wills and probate matters. We take the time to understand your goals and provide advice that works for you and your family.
Illustration of a broken heart symbolising the end of a relationship.
By Karen Layland January 13, 2025
Ending a relationship, whether a marriage or civil partnership, is a significant decision that takes careful thought and planning. Karen Layland , Family Solicitor at Woodstock Legal Services, shares her insights into the key considerations before taking the formal step to end a relationship. This guide is here to offer clarity and support during this emotional time. Assessing Whether the Relationship Has Irretrievably Broken Down Before initiating proceedings, it’s crucial to evaluate whether your relationship has truly reached an end. Ask yourself: Have all attempts to rebuild trust and resolve conflicts failed? Would professional counselling be beneficial, even if only one party believes it might help? Knowing where to seek support and understanding the costs involved can be pivotal. Exploring Alternative Solutions If you are unsure about ending the relationship, consider alternatives that provide clarity and structure without finality: Deed of Separation A deed of separation is a formal agreement that outlines arrangements for children, finances, and property while acknowledging the breakdown of the relationship. It can act as a roadmap for future proceedings if reconciliation is not achieved. Post-Nuptial Agreement Similar to a pre-nuptial agreement but signed after marriage or civil partnership. This document helps parties agree on the division of assets and responsibilities should the relationship ultimately end, reducing tension and uncertainty. Communicating With Your Partner Deciding how to inform your partner about your decision is a sensitive matter. It can be helpful to: Discuss the commencement of proceedings together to avoid unnecessary tension. Consider issuing joint proceedings if you both agree. Planning for the Practicalities Ending a relationship can bring immediate challenges. Plan ahead to reduce stress: Children: Decide how and when to communicate with them, and plan living arrangements. Finances: Determine how household bills and joint accounts will be managed. Businesses: Ensure operations are not disrupted during the transition.  Seeking Legal Advice Working through these considerations can feel much simpler with the right support. At Woodstock Legal Services, we offer a free, no-obligation consultation to: Understand your unique situation. Outline the divorce or dissolution process. Provide tailored advice on financial and parental arrangements. Specialist Advice from Woodstock Legal Services If you’re considering ending your relationship, our experienced family solicitors are here to offer support and guidance. Reach out to Karen Layland , Solicitor, at k.layland@woodstocklegalservices.co.uk or complete the form below for expert advice you can trust.
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