IMPORTANT UPDATE - The PIMS Tenancy Agreement for New or
Renewing Tenancies has been updated to comply with the Tenant Fees Ban ENGLAND from June 2019
Wales Legislation Pending
Over the last two years a single insurance company has received Tenant claims totaling in the region of £1.7 million and this highlights the importance of landlords covering themselves properly by taking out adequate insurance cover for accidents in or outside of their rented properties. Slips, falls and trips suffered by tenants that occurred within the property where the landlord is responsible, although being accidental nevertheless can cost a landlord huge sums of money if their insurance policy does not properly cover them for these type of incidents. Today’s society is far more litigious.
The Insurance Company reports that in an ongoing case they are handling, because a friend and guest of a tenant fell from a set of stairs, the person is claiming that the stairs were not ‘fit for purpose’. The claimant is young, and if the landlord is found to be at blame, then the cost of the claim could escalate into millions with potential loss of earnings and ongoing care. The landlord involved is protected by his public liability insurance which not only covers any damages which might be awarded to the claimant but also the legal costs of defending the claim and the claimants’ legal costs if the landlord is found at fault. The frightening legal fees alone are expected to be in the region of hundreds of thousands of pounds. Check your insurance making sure you have public liability - for if under insurance or inappropiate insurance a landlord could be at risk for being personally liable for a Tenant/Guest. With regards the claim that the Stairs being Fit for Purpose - This can be argued to be a requirement under Housing Health and Safety Rating Systenm (HHSRS Overview ) This is the measurement of fit for purpose and defines risk of fall to the Tenant or Guest as a category risk see The 29 Hazards HHSRS HHSRS inspection by Council Background and definition ?xml:namespace>
The Insurance Company reports that in an ongoing case they are handling, because a friend and guest of a tenant fell from a set of stairs, the person is claiming that the stairs were not ‘fit for purpose’. The claimant is young, and if the landlord is found to be at blame, then the cost of the claim could escalate into millions with potential loss of earnings and ongoing care.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.