Author: Tom

  • Can a letting agent represent a landlord in court?

    Only ‘authorised persons’ e.g. solicitors and barristers are permitted to represent someone in court. If the letting agent is an authorised person then they could of course represent the landlord in court. With leave of the court a letting agent who is not an authorised person could attend a court hearing in the following situations:

    • If the landlord is a company, the company can appoint a syndic to represent it
    • As a witness
    • As a McKenzie Friend (sometimes referred to as a next friend)

    It is entirely at the discretion of the judge whether they ‘hear’ a person who is not an authorised person so it cannot and should not be relied on.

    Non-authorised persons should not sign any forms in connection with litigation on behalf of the litigant (the landlord) and landlords and letting agents should consider carefully what activity the letting agent’s indemnity insurance covers in legal situations.

  • When should a follow-up right to rent check be conducted?

    Where the initial right to rent checks are satisfied with a document from List B, or where the Landlords Checking Service has provided a ‘yes’ response to a request for verification of a right to rent, a landlord establishes a time-limited statutory excuse. This time-limited statutory excuse lasts until the later of the following:

    • 12 months
    • until expiry of the person’s permission to be in the UK
    • until expiry of the validity of their document which evidences their right to be in the UK

    Follow-up checks should be undertaken before this time-limited statutory excuse expires or as soon as reasonably practicable thereafter in order to maintain a statutory excuse.

    Further Reading

    Code of practice on illegal immigrants and private rented accommodation

  • What does the law say about when is rent due, payable and in arrears?

    Due

    Rent becomes due on the morning of the day specified for payment in the tenancy agreement. This day is commonly referred to as the ‘rent day’ and is a core term of the tenancy.

    Payable

    Rent may lawfully be made payable on any day including a Sunday.

    Rent due upon a bank-holiday will not be payable until the following day.

    If a term of the tenancy is to pay rent by Standing Order, this will restrict the days the rent will be received by the landlord as the bank may not process Standing Orders on weekends and although the bank may deduct the rent from tenant’s available balance it may not be credited to the landlord until the next working day.

    Overdue

    If rent is not paid by midnight on rent day then it is held to be in arrears.

    References

    Re Aspinall v Aspinall (1961)

    Dibble v Bowater (1853)

    Child v Edwards (1909)

    s.1 Banking and Financial Dealings Act 1971