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Landlord and Tenant

Please find below the latest blog posts from our Landlord and Tenant team.

Additional Protection for Commercial Tenants in Wales and England

Sarah Davies
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The Coronavirus Act 2020 (CVA 2020) came into force on 26 March 2020 and introduced emergency measures to temporarily deny landlords the right to forfeit (bring to an end) relevant business tenancies for the non-payment of rent. Under section 82 of the CVA...

Rent Smart Wales licensing and Section 8 Notices

Jonathan Flynn
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For assured shorthold tenancies, a landlord has two routes by which he may recover possession of his property by way of serving notice. A landlord can serve notice under section 21 of the Housing Act 1988 (“the HA 1988”). Alternatively, a...

Options for the Recovery of Rent Arrears

Sarah Davies
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The Coronavirus Act 2020 (CVA 2020) has now come into force bringing with it emergency measures for commercial tenancies. Commercial landlords will no doubt be anxious to know how these measures will impact them and will want to know what, if any, action...

Further Extension of Notice Period Introduced in Wales

Jonathan Flynn
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New regulations which came into effect on 24 July 2020 has meant that landlords wanting to serve a notice to end their tenant’s occupation of their Welsh property will now have to provide 6 months as opposed to 3 months (except under certain grounds in...

Covid-19 Legislation to Further Protect Commercial Tenants

Sarah Davies
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Legislation has been passed in the form of the Business Tenancies (Extension and Protection from Forfeiture) (Coronavirus) Regulations 2020 which come in to force on 30th June 2020, further preventing Landlords from ending business tenancies for non-payment...

Protection for Tenants Extended with Further Suspension of Possession Proceedings

Jonathan Flynn
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The stay (pause) on possession proceedings has been extended until 23 August 2020, giving those who rent property in England and Wales further protection from eviction. Previously the stay was due to come to an end on 25 June 2020. The stay affects...

A Covid-19 Property Q&A - Seeking possession of tenanted residential properties

Jonathan Flynn
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In response to the outbreak of covid-19 new rules were introduced in March this year that affect landlords’ powers to obtain possession of their properties.  We have been contacted by many residential landlords and tenants during this difficult...

A Legal Update for Property Owners Worried About Trespass

Jonathan Flynn
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In March this year  new rules were introduced that, effectively, halted property owners’ powers to obtain possession of residential and commercial property by way of Court proceedings. This Practice Direction (Practice Direction 51Z) was put in...

Landlords - Beware of Allowing Tenants to Ignore Some Lease Terms

Sarah Davies
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Living in an apartment block suits many people but it can bring its own challenges – not least the fact that you will be living very close to your neighbours. Friction can arise even among good neighbours and occasionally these issues can lead to legal...

Protecting commercial tenants' goods - Further Covid-19 temporary legislation

Sarah Davies
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The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 has introduced temporary legislation to restrict commercial Landlords exercising their rights to seize and take their Tenants’ goods when...

Landowners Needn't Be Left In a Mess Over Fly-tipping

Bronte Pettifer
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Fly tipping covers a range of illegal activity from small amounts of domestic waste to large “industrial” fly tipping, which can often include hazardous material. This illegal dumping of rubbish can be very frustrating, unsightly and, often...

Commercial Property - Waiving the Right to Forfeiture and the Coronavirus Act 2020

Sarah Davies
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Most commercial leases enable a landlord to terminate a lease by forfeiture if the tenant breaches its obligations. Once the right to forfeit the lease has arisen, if the landlord acts in such a way so as to treat the lease as continuing it can lose the...

Coronavirus and the Impact on Possession Proceedings and Forfeiture Proceedings

Sophie Thomas
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The Coronavirus has had a major impact on civil court proceedings, whilst some urgent hearings are taking place most are delayed for the time being.  It is not just hearings which are delayed but there has been a suspension of new possession proceedings...

The Coronavirus Act 2020 - What Commercial Landlords and Tenants Need to Know

Sarah Davies
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The Coronavirus Act 2020 has now come into force, it brings with it emergency measures concerning commercial tenancies. Commercial landlords and tenants will be anxious to know how these measures will impact them and what action they should be taking during...

The Coronavirus Act 2020 and Residential Tenancies

Jonathan Flynn
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The Coronavirus Act 2020 has now come into force, bringing emergency measures that affect residential tenancies. Schedule 29 of the Act introduces important statutory amendments that affect notice periods for residential tenancies in England and...

The Coronavirus Bill - What Landlords and Tenants Need to Know

Sarah Davies
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The Government has published the Coronavirus Bill 2019-21, outlining new measures coming into force for both residential and commercial landlords and tenants, in these unusual times. The effect of the measures for residential tenancies appears to be less...

Proposed Coronavirus Evictions Ban

Jonathan Flynn
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Under proposed emergency legislation recently announced by the Housing Secretary, evictions from social and private rented accommodation for any tenant affected by the Coronavirus outbreak will be suspended for a period of three months. The Housing...

Setting Up Or Expanding? Pay Attention To Your Lease Terms

Sarah Davies
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Sarah Davies, JCP Director and Head of Property Litigation, shares some advice on commercial property leases. If you are planning to set up a business or to expand from a home-based business to having a dedicated office or shop front, you should...

Interim Possession Order

JCP Solicitors
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Interim Possession Order –A Quicker Procedure To Remove Squatters Applying for an Interim Possession Order (‘IPO’) from the Court is an option available to a landlord (both individually and commercially) who finds anybody occupying their...

An Effective Way To Remove Tenants From Rented Residential Property

Sarah Davies
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If you are a Letting Agent and want an update and overview  on the most effective way to remove tenants from rented residential property, Sarah Davies, Director and Head of Property Litigation at JCP Solicitors, has a short presentation that she is...

Second Homes, Buy To Lets and Stamp Duty Changes

Emma Gilroy
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You may have seen in the Press that the Government’s Autumn Statement announced that from 1 April this year, there is to be a 3% increase in stamp duty for second property purchases, such as second homes and buy to let properties. The higher rates...

Rent Smart Wales Goes Live. A blog for Welsh Landlords and Agents

JCP Solicitors
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As the Welsh Government's Rent Smart Wales scheme goes live, we look at recent developments, revisit the key changes and outline how to ensure compliance with the new laws: In this, our third article this year on the significant new legal changes...

Disputed Boundaries: The Hedge and Ditch Rule

Sarah Davies
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The most useful summary of the hedge and ditch rule can be found in the ruling of Judge Lawrence in Vowles v Miller (1810). “The rule about ditching is this. No man, making a ditch, can cut into his neighbour’s soil, but usually he cuts it to...

Welsh Landlords And Agents: Be Mindful Of New Important Laws

JCP Solicitors
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A snapshot of the new Welsh Government legislation set to affect landlords and agents in Wales. Designed to improve the standards of letting and management practice in the private rental sector in Wales, important new laws set to be introduced in autumn...

Consultations Affecting The Private Rented Sector: An Update

JCP Solicitors
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The Welsh Government has published two consultations which seeks views on the Regulation of Private Housing and a Code of Practice for landlords and agents in connection with the private rented sector. The consultation closes on 7 May 2015. For those...

Ask The Legal Expert: Where Are My Deeds?

JCP Solicitors
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In this week’s Ask The Legal Expert blog, we get the latest specialist advice from our Property team: I want to sell my house, but where are my deeds? When you originally bought your house, after successfully being registered as the new owner of...

Land Registry Launch Alerts To Help Fight Property Fraud

JCP Solicitors
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H M Land Registry has set up an alert system to help property owners protect themselves against property fraud. Property fraud can happen by fraudsters impersonating the registered owner or, the fraudsters can use forged documents to attempt to acquire...

Calling All Landlords...

JCP Solicitors
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Are you ready to comply with the new Welsh Government regulations to ensure that you are not held liable for your tenants’ water bills? Effective from 1 January 2015, under new regulations introduced by the Welsh Government, if you own a residential...

Business Tenancies Pursuant To The Landlord And Tenant Act 1954

Sarah Davies
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What is a Business Lease? The Landlord and Tenant Act 1954 (“the Act”) provides that leases of a fixed term of over 6 months or where the tenant has been in occupation for 12 months can gain protection from the Act. In order to gain protection...