Tenants’ Belongings & Torts (Interference with Goods)
Landlords occasionally face situations where tenants leave behind personal belongings as a result of tenants abandoning the property or merely leaving behind their possessions once they have left the property. It is a common misconception that landlords can simply sell or dispose of these items without first taking the correct steps. The tenancy agreement may contain a clause which states the time-frame within which any belongings left at the property may be sold or disposed of.
However, some contracts are silent on this point, therefore the landlord will be required to default to The Torts (Interference with Goods) Act 1977[1] that governs the proper handling of such goods. Landlords must adhere to the provisions outlined in this Act when managing any abandoned tenant belongings. This legislation provides statutory guidance, and failure to comply can result in landlords being held liable for damages.
Key Documents - The Notices
Formal notices form a fundamental part of the lettings process, and ensuring that the prescribed documents and relevant legislation are properly complied with, is of paramount importance.
Before serving notices, ensuring the notice is properly served is key. Under PART 6 of the Civil Procedure Rules (CPRs) the process of serving documents must be carefully adhered to and so it is important to check the methods of service cited in the tenancy agreement as well as complying with the relevant time frames. For example, does the tenancy agreement allow for notice to be served by email and if so, when would that notice be deemed served?
There are key notices which play an integral part in the lettings process.
Election Special - The Housing Manifestos
With a little over a week to go before the country goes to the polling stations, there is a great deal of scrutiny over what much that has been published by the political parties in order to sway voters to choose them. Housing is one of the key points on all parties’ agenda and at the forefront of homeowners, investors both individual and institutional, first time buyer, landlords, tenants and those living within social housing accommodation.
Neither the Conservatives or Labour have put forward exactly how they’re going to solve all the obstacles that have stopped Governments hitting their housing targets over the last 30 years.
Home Office confirms changes to the EU Settlement Scheme
Changes to the EU Settlement Scheme announced on the 21st May 2024 will ensure that all those granted pre-settled status under the EU Settlement Scheme can continue to prove their rights easily, and bring greater clarity for those who are required to check immigration status, such as employers and landlords.
The changes support the Home Office’s practical implementation of the High Court judgment in the judicial review proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA).
In response to that judgment, the Home Office announced changes to the EU Settlement Scheme in July 2023 to ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.