The key changes are:

• Under the old rules, a Landlord was allowed 14 days in which to register the tenant’s deposit with one of the approved Tenancy Deposit Schemes. From the 6th April 2012, a Landlord now has 30 days in which to register the deposit.
• While the Housing Act 2004 clearly states where a Landlord in breach of the registration time period, a tenant may take the Landlord to Court and seek damages of 3 times the deposit amount, the precedent set by the case of Tiensa v Vision Enterprises meant that if a Landlord had registered the deposit albeit it late, the tenant could not bring a claim.The decision made in this case has now been reversed which means that late deposit registration will no longer be a valid defence for the Landlord.
• The amount of compensation payable by the Landlord is now at the discretion of the Court, but is still limited to 3 times the amount of the deposit.
• The ruling made in the 2011 case of Hashemi v Gladhurst meant that claim could not be made after a tenancy had ended. This has now been overturned and tenants may bring claim against a landlord for failure to register a deposit after the tenancy has ended.

It remains to be seen how the new rules will affect future cases in practice, but it is important that as a Landlord you are aware of the changes and that you and any letting agents acting on your behalf comply with the new regulations.

Commercial Litigation Solicitor, Jason Skelton can review your existing tenancy agreements and advise you of any potential issues with existing tenancies so that you are compliant with the new rules and aware of any potential claims. If a claim is made against you by a tenant, we can help you in defending a claim.

Contact Jason Skelton on 01246 564011 or email your enquiry using our contact form.

Paul thanks everyone who sponsored him for the event, which has raised  around £36,000 for Ashgate Hospice.

Some pictures from the event are below.
 

In May 2011, EU Legislation was introduced in the UK to control cookies. This is not a Law about food, but is intended to aid internet privacy by controlling cookies set by websites as you surf the internet.

Briefly, a cookie is a small text file that websites place on computers or mobile internet devices, which help site owners review and manage site performance, produce statistics about visitors, control advertising performance, improve site functionality or recall preferences for returning visitors.

Cookies are set directly by website operators or often by third parties via components like “share” and “like” buttons.

Under the May 2011 Legislation, often referred to as “Cookie Law”, cookies can now only be set where a user has been provided with clear information about a cookie’s purpose and in some cases where express consent has been given.

The Information Commissioner’s Office allowed a 12 month grace period to allow organisations to comply with the Cookie Law, which expires on 26 May 2012.

It is your company’s responsibility to ensure that you know about the legislation and that your website is compliant – it is not the responsibility of your website developer or host.

With the 26th May 2012 compliance now very close, you do not have long to make sure that your website is compliant. We have found that many companies still aren’t and you could be fined up to £500,000.

To help you, we can review your website to ensure that you comply with the “EU Cookie Law”, and also at the same time make sure all your website’s Terms and Conditions cover all necessary legal requirements.

To arrange a website review, contact Anna Cattee on 01246 560595 or Sarah Rowland on 01246 564039.

Legal Notices
Cookies Policy

After seeing the torch James commented:  “it seems very well made and should last the whole length of the London 2012 Olympic Torch Relay. However, I think I still need a little additional training to make the Ireland Olympic team.”

Now with James’ blessing, we hope the torch makes it all the way to the London games without any mishaps (well, at least until Boris Johnson gets near it)

The Regulations make various changes to the Licensing Act 2003 (the “Act”). The Licensing Authority must now advertise an application for grant or variation of a licence for 28 days on its website. This ensures that the applications are brought to the attention of anyone who may wish to make a representation.

The biggest change to the Act is that anyone can now make representations to the Licensing Authority not just an “interested party” or “responsible authority” as was the case previously.

In addition, new forms have been produced which now need to be used for various applications under the Act.

Please contact Anna Cattee in our Licensing Law team who can prepare applications for new licenses, transfers, variations and temporary event notices on your behalf and liaise directly with the Council and Responsible Authorities should the need arise, leaving you free to run your business.

You can telephone Anna on 01246 564075 or email your enquiry using our contact form.

Registering your Will greatly reduces the risk of your family or beneficiaries being unable to locate your Will by recording its whereabouts on a central register.

Full details about this service can be found on our dedicated page about Will Registration.

Unless you agree and notify HMRC of any claims for capital allowances within 2 years of purchase, you may lose your claim.

If you think you may be affected by the Capital Allowance changes, contact Adrian Sheehan on 01246 564021, or email our Commercial Property Solicitors using our contact form.

This is not your typical drag race; no cars are allowed, instead Paul and the other men-only participants will run, walk and strut a 5 mile route around Chesterfield in drag.

We are taking suggestions for Paul’s outfit for the event on our Facebook page – the more outrageous the better.

Unlike previous challenges Paul has completed, he has thankfully promised to keep his training to a minimum on this occasion, so we are unlikely to see Lilly Savage’s ugly sister running the streets of Chesterfield until the day of the event.

The event is in aid of a very good cause and BRM wish Paul and everyone else taking part the best of luck. More information about the event can be found on the Ashgate Hospice website http://www.ashgatehospice.org 

If you would like to sponsor Paul, you can do so through Virgin Money Giving.

 More events like this are being planned for the future, which will be announced on our website when we have finalized the dates.

 If you have been considering making a Lasting Power of Attorney or you are worried about care home fees and have questions about Property Trust Wills, please contact Gemma Hardwick on 01246 5646030 or email her using our website contact form.