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The monthly magazine providing news analysis and professional research for the discerning private investor/landlord

Landlord Legal Issues March 2019

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlawservices.co.uk answers your questions

Q. I have read recently that a court case has found that the Right to Rent checks we all have to do, are now in breach of the Human Rights legislation. 

Does this mean we no longer need to carry out right to rent checks?

A. I am afraid not. The rules are still in place. It is just that a Court has found that they are in breach of Human Rights. I understand that the case may be appealed, and if so, it is possible that the Court of Appeal could come to a different decision. In which case, it would be as if the High Court decision had not been made.

Until the law is changed you still need to make the checks. Sorry!


Q. I signed a tenancy agreement on the basis that various essential repair and refurbishment works would be carried out. This was confirmed in writing. However, when I arrived at the property, four months ago, I found that nothing had been done.

As I had nowhere else to live, I had no alternative but to remain in the property. The works have still not been carried out. I have now found somewhere else to live, but the landlord says that if I move out, she will sue me for rent for the remainder of the fixed term. Can she do this when she is in breach of contract by not doing these works?

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