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02 May 2019
Issue: 7838 / Categories: Features , Procedure & practice , Civil way
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Civil way: 3 May 2019

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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

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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