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07 October 2010
Issue: 7436 / Categories: Legal News
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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

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NEWS

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

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
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
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
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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