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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK - £7,000 FINE PER TENANT PER PROPERTY."READ MORE

Spencer Vs Taylor - PIMS Member wins appeal

14^th Jul 2014

24 July 2014 The Supreme Court has today refused permission to appeal to the tenant in the case of Spencer v Taylor.

This decision means that in a statutory periodic tenancy it is no longer obligatory to end the Section 21 Notice on the last day of a rental period and ANY such notice valid provided the tenant served no less than two month's notice.

PIMS felt so strongly that the court of appeal decision was upheld we guided and financed our member's appeal against the Tenant's appeal to supreme court.If you wish to view supreme court of upholding the decision click here

Sadly no sooner we win one case the Tenants now have a newer defence to nullify Section 21 Notice and if used may also claim compensation "my Landlord didn't reissue prescribed information when tenancy became a periodic". This latest defence is Gardner v McCusker

Sadly the title of this news Article "PIMS Member Wins" is a travesty for what was won - The Landlords right to evict which was the Landlords anyway, yes we have won costs but the tenant is not working. Nothing won by Landlord - eviction delayed, no rent paid so again tenant wins - unjust process. Other Landlords may benefit from this case for tenants will no longer be able to invalidate notices due to this legal precedent. see Savings Clause Court Appeal Letters

PIMS position on servICE of SECTION 21 notice

At this moment in time we advise all Landlords/Agents to serve Section 21 Notices in accordance with the 1988 Housing Act and if in a periodic tenancy, end such Notice on the last day of a Rental Period.

Although permission to appeal was refused, we believe all Section 21 Notices are wiser to be served in accordance with the 1987, 1988, 1996 & 2004 Housing Acts, additionally deposits must be protected within 30 days [And 30 days of becoming a periodic Tenancy] to comply with revisions imposed by the 2011 Localism Act. [re failure to protect deposit or issue prescribed information within 30 days of renewal or becoming a periodic tenancy is an issue]

At this moment in time it may be unwise to rely on this case law

Although Spencer VS Taylor upheld it will take some time for this information to filter through to the courts and judges. So a pity to become embroiled in court hearings.

Councils and Housing Officers are not familiar with this case so they will still insist notices are invalid.

If you have an APPEAL or HEARING PENDING

If you have an appeal or hearing pending on the issue of expiry date of a notice then call the member's helpline for this case now validates your previously invalid notice [provided Tenant in receipt of Notice no less than two months]. Note we do have appeal letter to cover this case see Savings Clause Court Appeal Letters

PIMS Related CONTENT PROBLEMS with Possession Application and compliance

Counter claim Litigation against Landlord
Problem if Court Hearing Section 21
Classic Tenant defences delaying tactics
Appeal and setting aside a possession order
Stop If you failed to protect deposit or issue prescribed information
Stop - If you took two months' rent in advance instead of deposit
Stop I created my own Letter asking the Tenants to leave
Members Helpline which is available 7 days a week

7 out of 10 applications for possession using the Section 21 Notice Process are denied, mostly due to silly mistakes and non compliance.

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