Section 21 changes The section 21 notice is the landlord’s best friend, allowing the landlord to seek possession of the rented property for no reason, other than the agreed period of renting has finished. The Deregulation Act 2015 has substantially changed the rules around these notice for. Since first introduced in 1989 the section 21 … Continue reading Lettings Newsletter Winter 2015

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The section 21 notice is the landlord’s best friend, allowing the landlord to seek possession of the rented property for no reason, other than the agreed period of renting has finished. The Deregulation Act 2015 has substantially changed the rules around these notice for. Since first introduced in 1989 the section 21 notice has survived almost unchanged. It was changed in 1996 so that it had to be in writing, but nothing more serious. Now the Deregulation Act 2015 has made a number of major changes that all landlords need to be aware of. The first change is to remove the requirement for the periodic version of the notice (the notice under section 21(4)) to end at the end of a period. Before this change there was only one day in the month when the notice could end, now it can end on any day in the month. It still has to be in writing, it still has to be at least two months long and no shorter than a notice to quit. The last point can be ignored from monthly or weekly rentals.

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We were delighted to attend Davies Lane Primary School on Saturday 5th December for their annual Christmas Extravaganza Fair to give out the star prize in the raffle. The kids were having a fantastic time playing, making wonderful creations and painting everything that wasn’t moving, and some things that were. The volunteers and staff were absolutely amazing, a real credit to the school. We look forward to offering them our continuing support.

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It was a real pleasure to have met Rev Jack Dunn, the new vicar at St Andrew's Church, following the recent Christmas sale. We were delighted to give to him our contribution to the fund, which in total has raised a healthy £840. He spoke enthusiastically about the recent afternoon tea club with an attendance of over 100 people and other events including karate. He explained that the church were hoping to get extra funding from the national lottery to upgrade the church hall and to introduce other activities such as a toddler group for local families. His enthusiasm to make a difference in Leytonstone was very infectious and we at Trading Places wish him the very best.

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The Home Office has announced that from February 1, 2016, the Right to Rent scheme will be extended across England. This means all private landlords, or their agents, in England, including those subletting or taking in lodgers, will have to check new tenants have the right to be in the UK before renting out their property.The scheme is being extended following an evaluation of the first phase in the West Midlands and has received the continued input of a panel of industry experts, housing and homeless charities and local authorities.Right to Rent is one part of the government’s ongoing reforms to the immigration system to make it harder for people to live in the UK illegally.As of February 1, anyone who rents out private property in England will need to see and make a copy of evidence that any new adult tenant has the right to rent in the UK (for example a passport or a biometric residence permit).

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On Sunday 13th September Leytonstone Town Centre will again play host to Waltham Forest Council's annual Car Free Day, which will be taking place between 1pm and 6pm. It's all part of the Leytonstone Big Weekender. Following on from last year's successful event which attracted several thousand visitors, the 2015 event will again provide visitors with a vibrant car free street environment where they can enjoy an afternoon of FREE entertainment, including live bands, performers, an international market, cycling displays, children's entertainment and numerous stalls. The day is part of London wide series of events to promote Travel Awareness. High Road Leytonstone will be closed to traffic, between the junctions of Harvey Road and Gainsborough Road. Church Lane and Kirkdale Road will also be closed to traffic with parking suspended. The traffic diversion routes are shown on the plan below.

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You rarely turn on the TV to watch the news these days without some story about immigration. From the plight of those fleeing North Africa to lorries stacked up on the motorway while officials deal with striking workers and those trying to enter the UK through Calais making the most of the traffic chaos. To add to all that the government have now announced further measures for landlords in respect of immigration act penalties. The original trial was in the West Midlands, it ran from December 2014 for 6 months (though those operating in that area are still required to continue the ‘Right to Rent’ checks even after the trial). Following the trial it was always the intention to introduce the scheme nationwide, the trial was simply to learn any lessons from the small scale exercise.

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We received a lovely letter from Davies Lane Primary School where we supported their Annual Summer Fair on 13th Jun 2015. It was a great day and we were proud to be part of it.

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In the rush up to the General Election one piece of legislation to find its way through onto the statute book was the Consumer Rights Act. This legislation is quite wide reaching and certainly not only focused on the private rented sector, even though it does include specific provisions that apply in the private rented sector. Following on from decisions by the Advertising Standards Authority (ASA) last year, this legislation makes it a specific requirement that agents’ fees are clearly displayed on web sites and within their own offices. This change will make the “guidance” of the ASA into clear law. Part 3 Chapter 3 covers the requirements to display fees and allows local Trading Standards to enforce the legislation with penalties of up to £5,000. The requirement to display fees does not include a requirement to display rent and deposit amounts.

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The Queen's Speech has implications for home-owners and landlords. From the BBC:"Plans to support home ownership and extend the right-to-buy scheme to 1.3 million social housing tenants in England feature in a new Housing Bill. Under the plans, housing association tenants will be able to buy the homes they rent at a discount. There will also be help for first-time buyers, with 200,000 starter homes made available to under-40s at a 20% discount. Both are commitments which were included in the Conservatives' general election manifesto. The government says the bill will increase the housing supply and ensure local people have more control over planning."Full report at: http://www.bbc.co.

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This is a large piece of legislation covering a wide range of issues but for the rented property world the parts of interest are 30 to 41.

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Our friend and contractor Marc Bradshaw is running the London Marathon in April 2015! We're supporting him all the way as he raises money for St. John Ambulance - a great cause. Please help us by making a donation. We'll bring you further news of his run after the event:http://uk.virginmoneygiving.com/MarcBradshaw The Virgin Money London Marathon is one of the great British sporting events, combining elite athletics, mass participation and record-breaking fundraising in one race. The course is a gruelling 26 miles 385 yards long, passing through the streets of London from Blackheath to the famous finish line at The Mall.

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The new budget is here, George Osborne's sixth. Here's what it might mean for you:http://m.bbc.co.

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Regulations have now been laid in Parliament to require private rental properties to be brought up to a minimum level of energy efficiency from April 1, 2018.It means the clock is now ticking for such homes to achieve an EPC rating of at least E.http://www.propertyindustryeye.com/rental-homes-must-achieve-e-energy-rating-within-three-years-legal/A government amendment due to be debated on Wednesday has major implications for how agents deal with repair requests and how private landlords can take possession of their properties.The proposed ‘retaliatory eviction’ amendment to the Deregulation Bill would extend existing restrictions on a landlord’s powers to evict where they do not protect a deposit or have a licence where required, to alleged health and safety hazards.The change could mean a six-month delay on serving a Section 21 notice where a tenant had complained in writing about the state of a property.http://www.propertyindustryeye.

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More deposit changes Although the Government had promised legislative changes to deal with the Superstrike court cases, their original proposed changes had some serious flaws and so, following lobbying from the industry, the Government have made some further amendments to the proposed Deregulation Bill in respect of deposit protection. The original changes were in four … Continue reading Lettings Newsletter Winter 2014

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Although the Government had promised legislative changes to deal with the Superstrike court cases, their original proposed changes had some serious flaws and so, following lobbying from the industry, the Government have made some further amendments to the proposed Deregulation Bill in respect of deposit protection. The original changes were in four paragraphs. The first paragraph is essentially unchanged and requires ‘Superstrike deposits’, i.e. those received before April 2007 but going statutory periodic after April 2007, to be protected by a scheme. This was the essence of the Superstrike judgement so no real change anyway, just a clarification. However, the logical implication of the Superstrike decision was that all statutory periodic tenancies and other renewals also needed to comply with deposit regulation, though it was a little less clear how a deposit held in the custodial scheme could be “re-protected”.

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Trading Places were delighted to donate a Hudl 2 tablet computer as the top prize for a fundraising event on behalf of Davies Lane Primary School on Saturday.

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We've heard of "bijou", but this is quite something. The potential inhabitant of this £100,000 Streatham flat will have to put up with compact living for the bargain - as the property measures just 206 sq feet. Read the full story at http://www.standard.co.uk/news/london/london-flat-on-sale-for-under-100000--but-you-have-to-access-bed-via-a-ladder-9784642.

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The Bank of England has held UK interest rates at a record low of 0.5%.It has also decided not to extend its quantitative easing programme, designed to stimulate lending in the economy, beyond the £375bn already spent.Read the full story at http://www.bbc.co.

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First-time buyers in England under the age of 40 could buy a house at 20% below the market rate if the Conservatives are re-elected, David Cameron has pledged.The Conservative leader said a future government led by him would build 100,000 new homes for such people.They would be built on brownfield land already identified for development and exempt from some taxes, he said.He was speaking as the party prepares for its annual conference this weekend.Conservative politicians and activists will gather in Birmingham from Sunday for what is the final conference before next May's general election.Full article at http://www.bbc.co.

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Following the Superstrike versus Rodriguescase in June 2013, the Government said they would amend the legislation to negate the affect of Superstrike (a decision they had not anticipated). Following private amendment suggestions for the Deregulation Bill, the Government have now tabled proposed amendments to deal with Superstrike.The essence of Superstrike was that the deposit was taken before deposit protections started in April 2007 and the fixed term ended after April 2007, when deposit protection was in force. A statutory periodic tenancy then arose by virtue of section 5 of the Housing Act 1988. The two questions for the court were a) was the statutory periodic tenancy a new tenancy or the same one continuing and if it was a new tenancy b) should the landlord have done anything with the deposit (as no money physically changed hands).

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With the Olympic Park right on our doorstep, the Commonwealth Games opening today, and Spurs, West Ham, Leyton Orient, Romford, Dagenham and Charlton Athletic all pretty much round the corner, sport is never far from our minds.The BBC have a fantastic quiz to find out which sport is right for you. I got "Bowls"!http://www.bbc.co.

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This year has seen several changes to court issues.The first change brought in from 22 April was that the fee for accelerated possession proceeding applications (using form N5B) has increased from £175 to £280. The same prices apply to rent arrears possession using form N5, if submitted to the local court.Whilst these are steep increases the greatest increase lies in the online possession system where the fees for the N5 have increased from £100 to £250. This has significantly eroded the cost advantage of the online service.In May 2014 several of the court forms were changed and so all applications must now be on the revised forms. You can always check the latest versions of forms on the HMCS website and the court form finder.Lastly and by no means least, is the legislation contained within ‘The Legal Aid, Sentencing and Punishment of Offenders Act 2012’.

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On the 14 May 2014 the Immigration Act 2014 received Royal Assent. Though the law is “passed”, we are now awaiting it being activated by a commencement order and this is awaiting some statutory guidance that forms part of the legislation. It is anticipated that the legislation will be brought into force in a trial area, possibly Manchester, in October 2014.From fears of millions of foreign immigrants flooding into the UK at the beginning of the year and the European Elections just past, immigration never seems far off the agenda.The purpose of this legislation is not about the feared Romanian influx, which would have been totally lawful, but addresses unlawful immigration. Part 3 specifically addresses a number of areas where unlawful immigrants will find it more difficult to stay in the UK. It brings in provisions relating to rented property, bank accounts driving licences and health care.

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New proposals by the Bank of England could cap mortgage lending at 4.5 times the borrower's income. This would apply to all but a maximum of 15% of the residential mortgage applications.More information here: http://www.bbc.co.

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Following a recent Court of Appeal decision, the established wisdom about the service of the humble Section 21 notice was challenged. The case will potentially affect the majority of Section 21 notices served on periodic tenants. As the most commonly used notice for private sector lettings, this is a judgement with far reaching potential impact. Photo credit: SludgeG The facts of the case were quite simple. The landlord, Mr Spencer, let a property in Chesterfield to Miss Taylor back in 2006. At the end of the agreed six month fixed term tenancy a statutory periodic tenancy arose by virtue of section 5 of the Housing Act 1988. This statutory periodic tenancy continued unchanged right through to October 2011 when the landlord served a notice seeking possession. The notice was in the form of a section 21(4) periodic version. It stated that the landlord wanted possession after the 1 January 2012 and then included a “saving clause”.

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This article is based on the feedback received from buyers, sellers and the experiences of our staff.Methods for selling a property include sale by Private Treaty, Sale by Auction, Sale by Formal Tender and Sale by Informal Tender. Photo by Harshil ShahThe process known as ‘For Sale by Informal Tender’ will generally mean a guide price being stated with written offers invited (sealed bids) subject to a closing date. Offers are opened at the same time although the vendor is not committed to accepting the highest, or any, offer. The offer is not binding and on acceptance of any offer the transaction proceeds subject to contract. Sale by Informal Tender can be useful when competition for a particular property is strong or where a closing date is required.

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The Department of Communities and Local Government (CLG) have responded to the Select Committee investigation into the private rental sector and indicated some of their plans and how they plan to respond to the report. The plans will affect both private landlords and the letting and managing agent market. The Select Committee listened to many different complaints about the functioning of the market. Most of them are familiar favourites and include hidden fees and access to redress. Also included are some surprising suggestions like a right for tenants to have longer term tenancies if they want. With more than a million people living in private rented property, the proposals include a draft ‘Tenants’ Charter’. It has been drafted to help tenants know what to expect in their relationship with a landlord or agent and what actions they can take if they consider there to be a problem.

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At Trading Places we live and breathe Leytonstone so it’s hardly surprising that we would sing its praises. But Leytonstone really is a great place to live, work and bring up a family. Leytonstone is so close to the City you could virtually walk there. Yet the borough has a distinct character and feel all of it’s own. We think it’s just the right size - it has all the amenities you could wish for but still keeps a villagey atmosphere. We brainstormed the top 10 reasons to live and work in Leytonstone. Just 8 stops and 30 minutes on the Central line and you’re in Tottenham Court Road. It's just 14 mins to Liverpool Street. If your job is in north or west London, the new London Overground will be your new best friend.

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