header-logo header-logo

07 October 2010
Issue: 7436 / Categories: Legal News
printer mail-detail

Property minefield

Landlords urged to tread carefully as high-end rental market hit by tenancy confusion

New tenancy legislation could create “courtroom minefields”, the Residential Landlords Association (RLA) has warned.

The RLA’s warning comes after the  annual rent threshold for common “assured shorthold tenancies” was raised from £25,000 to £100,000 last week. The change is backdated to include all existing tenancies as well as new ones. This means thousands of higher-end properties in England must now comply with the tenancy deposit protection schemes.

The RLA says that landlords with unregistered deposits taken after 6 April 2007 for properties with an annual rent of up to £100,000 may be breaking the law. By law, deposits must be registered with a tenancy protection scheme within 14 days of receipt.

Alan Ward, RLA chairman, says that all of these issues could cause courtroom minefields.

“And any actions currently going through the courts to terminate a tenancy could be relying on the wrong notices because the tenancy agreements have now, in the meantime, officially become assured shorthold tenancies.”

The Department for Communities and Local Government (DCLG) has said that landlords will not need to protect

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
back-to-top-scroll