Property: Tenant Fees Act 2019

A number of provisions contained in the Tenant Fees Act 2019 (the Act) are coming into force on 1 June 2019. The Act introduces protections for most residential tenants in the private rented sector in England.  It will initially apply to all assured shorthold tenancies, tenancies of student accommodation and licences to occupy housing in the private rented sector in England, granted on or after 1 June 2019. The Act, amongst other matters: restricts the type and amount of payments that landlords and letting agents can require from tenants of most assured shorthold tenancies (ASTs), student accommodation and under licences to occupy restricts the amount that can be taken as a tenancy deposit restricts the amount that can be taken as a holding deposit and sets a timetable for dealing with repayment prohibits landlords and letting agents from requiring tenants to enter into a contract with a third party for a service or insurance.  There are limited exceptions for utilities and communication services imposes sanctions for non-compliance makes minor amendments to the Consumer Rights Act 2015 (Chapter 3, duties of letting agents) and the mandatory requirement on property agents to join a client money protection scheme Under section 3(1) of the Act, a payment is a ‘prohibited payment’ unless it is expressly listed in Schedule 1. Subject to certain conditions, Read Full Article…

Environment Agency publishes list of non-compliant CRC participants

On 4 November 2016, the Environment Agency published a list of participants in the Carbon Reduction Commitment (CRC) Energy Efficiency Scheme that had not fully complied with their obligations under the Scheme, together with a note of the civil penalty levied. Further information about CRC enforcement can be found in Annex 4 of the Environment Agency’s Enforcement and Sanctions Guidance. Read Full Article…

Health and Safety: The requirement to conduct risk assessments

The Health and Safety Executive recently raised concerns that many employers view the need to conduct risk assessments as something different from the day to day requirements of running a business. Employers have a legal duty to carry out a suitable and sufficient assessment of risks to the health and safety of their employees at work, and of risks to others (such as students, the public, really anyone who is affected by the employer’s activities). Read Full Article…

CMA: Unfair terms guides update

The Competition and Markets Authority (CMA) has supplemented its series of short-form guides on the issue of unfair terms in consumer contracts, published in March 2016 and covered in Issue 76 of our Newsletter, with a number of animated videos. The guides and videos complement the guidance published by the CMA in October 2015, when the main provisions of the Consumer Rights Act 2015 came into force. Read Full Article…

NI Court of Appeal upholds discrimination decision

In the case of Lee v McArthur [2016] NICA 39, the Court of Appeal in Northern Ireland upheld a County Court decision that a bakery’s refusal to provide a cake displaying a slogan supporting same-sex marriage amounted to direct discrimination under the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (the Regulations). The appellants have indicated that they want the case to be heard by the UK Supreme Court, and are seeking legal advice on the matter. Read Full Article…