Trecarrell House Limited v Rouncefield Gas Safety Case - Court of Appeal rules in favour of Landlord
The Court of Appeal has yesterday handed down its judgment in the case of Trecarrell House Limited v Rouncefield. The Court of Appeal Judges ruled that late service of a gas safety certificate does not prevent a landlord from serving a section 21 notice on their tenant provided the certificate has been given to the tenant before service of the section 21 notice. This decision will be welcomed by landlords.
It was due to the Caridon Property v Monty Schooltz, in which HHJ Luba QC concluded that a failure to provide the gas safety certificate to the tenant before occupation was a breach that could not be remedied late. The effect of the judges’ interpretation of the law was that a landlord who had failed to provide the gas safety certificate before the tenant took occupation.
Unlocking Property Management
The great property freeze has lifted, with estate agents now allowed to open back up and property moves given the green light again. But as one of the first industries to reopen, how should letting agents prepare for the next phase of their COVID-19 response?
Staff
The first question many agents will be dealing with is how to unfurlough furloughed staff. There are no hard and fast rules. As agents navigate the new situation, it may be worth considering:
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The different skill-sets of your staff – which parts of your operation are on the front line may determine which of your staff should be brought back first.
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Some agents may choose to operate a ‘first-out-first-in’ policy and bringing back those members of staff that have been on furlough the longest.
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Assessing which of your staff may have children at home with nobody to care for them while schools are closed or those that may be more vulnerable make provisions for remote working where possible.(pregnant women or those with health concerns for example).
Tenant Fee Ban Transitionary Period to End
It seems as though only yesterday letting agents in England were preparing for the abolition of tenant fees. Fast forward 12 months and from the 1st June 2020 the “transitionary period” will have come to an end. This means any fee that was taken in advance on a pre-existing tenancy (pre-1st June 2019) or within a renewal, will be deemed a "Prohibited Payment". This includes but is not limited to check-out fees which had been taken in advance at the beginning of a tenancy.
Two Weeks - What have Letting Agents been dealing with?
With the announcement that the housing/property sector in England was “re-opening”, there has been a flurry of activity within the Lettings Industry. Yet, it is clear through discussions with letting agents across the country that not all agents have opened their doors. The approach on the whole tends to be a “phased” strategy, given that there is so much to consider.
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Covid-19 Protocols - Letting Agents are without a doubt used to health & safety being part of their working day, but this is on a completely different level. a Employees - who will return to the office environment, how, when and why?