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Civil way: 3 May 2019

02 May 2019
Issue: 7838 / Categories: Features , Procedure & practice , Civil way
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LETS not bother; pilot flies wide; blow for estate agents

 

LANDLORDS’ LAMENT

The taxing Tenants Fees Act 2019 (see ‘Civil way’, NLJ 5 April 2019, p16) is brought fully into force on 1 June 2019 by commencement order SI 2019/857. Aimed at rogue landlords and their letting agents, it will hit even those of them who give to charity. It will also hit s 21 Housing Act 1988 notices (currently on death row, see p9 of this issue). No s 21 notice can be given so long as any unlawfully charged fee has not been repaid or unlawfully retained holding deposit has been returned. Some unpleasant surprises in store there for landlords, as the duty legal adviser raises a fatal breach at the possession hearing which had been expected to be a doddle. Practitioners who draft tenancy agreements from now on will need to be on top of the legislation. Initially, only lettings on or after 1 June 2019 will be caught, but after one year, prohibited payments then accepted

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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