Is this applicable to me?

With the implementation of the new rental legislation in Wales there are new laws surrounding what statutory obligations landlords must adhere to. The ‘Renting Homes (Wales) Act 2016’ brought in many new obligations for landlords which must be complied with.

This new addition to the Renting Homes (Wales) legislation sets out all the obligations if you own a rental property in Wales. Failure to do so could result in the contract-holder (tenant) being able to legally withhold rent if the rental property is not deemed to be fit for human habitation. If the property continues to be unfit for human habitation the contract-holder will be able to seek an order from the Courts requiring the landlord to remedy any problem(s) which are in violation of the regulations.

What happens if I do not comply with these regulations?

Failure to comply with the legislation and regulations could result in a fine of up to £30,000.00 being imposed. If the contract-holder suffers personal injury, loss or damage as a result of the property being unfit for human habitation they could bring proceedings against you in respect of the injury, loss or damage.

What do the regulations entail?

The regulations encompass 29 different issues and circumstances in determining whether a property is fit for human habitation. As well as this there are several statutory requirements in which the landlord must abide by. The property must not be kept in a state of disrepair and an eviction notice cannot be issued if the property is not fit for human habitation.

Converted Assured Shorthold Tenancy and the New Legislation

If you had an existing AST before the implementation of the new legislation you now have a converted occupation contract. Written terms should have been served on the contract-holder by 31 May 2023.  There is a grace period for the implementation of some of the new regulations. However, the grace period is not applicable for all of the statutory regulations some of which should currently be installed in your rental property.  The grace period is coming to an end on 30^th November 2023.

I am unsure on how to proceed – where can I find help?

Further guidance can be found on the gov.uk website. Our team of property litigation experts are on hand to help, so please do not worry about the new regulations! Contact details for our property litigation team can be found below…

by Lorna Williamson

Disclaimer: Please note this article is not intended to be legal advice and is for information purposes only. You should seek advice from a solicitor before relying upon its contents.

What are the usual boundary disputes we come across?

1. The position of a fence
2. A piece of land between two properties
3. A right of way over a lane or track
4. A tree over hanging
5. A field
6. position of pipes and drains
7. extensions

what are the myths associated with boundaries?

1. I owe the left hand side of my boundary
2. The 'T' on my map shows that I own it
3. I have used the piece of land so I own it
4. I can park on private right of way if it rests on my land

How do they arise?

1. there is a change of ownership
2. issues with the land registry
3. repairing drains and pipes
4. putting up new fences
5. trees become a nuisance
6. building an extension

What you will need to prove who owns the property?

1. obtain the title deeds
2. check the plans
3. gather any historical documents or photographs
4. gather any evidence such as witness evidence
5. obtain ordnance survey maps
6. Take measurements

What steps should I take?

1. You may get a better response by taking an amicable and friendly approach.
2. but if that does not help you may want to give us a call, we can:
3. send a letter to your neighbour with the documents you have provided that prove your position
4. we can arrange mediation
5. if all fails, we will issue an application to court for you.

What if I do nothing?

1. When you sell the property/transfer there may well be issues that stop the sale/transfer proceeding
2. You may end up falling out with your neighbour and that could not only cause stress, but may devalue your property.

What defence might my neighbour make:

1. They may argue that they have rights over the land due to the time they have been using it.
2. They may claim profit a pendre (i.e they have been using the land for livestock)
3. They have a right of way

The cost:

If you instruct a Solicitor, it can be expensive. We suggest you instruct an expert lawyer in stages so you can control how much you spend. At Newbold we offer an hour consultation where we consider the evidence, advise you of your position, and if clear cut (i.e. not complicated that involves further evidence gathering) we can draft a letter to your neighbour or, give you the knowledge to meet with your neighbour yourself. Our hourly rate is £178.00 plus vat (20%).

Disclaimer: this advice should not be relied upon and is a guide only as every boundary dispute involves different issues. Always seek expert legal advice.

The cost of renting has made it very difficult for tenants to find a home. It can cause family breakdown and mental health issues.

Here is a guide that might help you stand out from the other tenants and secure that perfect rental property:

• Secure a guarantor;

This provides assurance to landlords and agents that you will be reliable in paying the rent.

• Have references from previous landlords;

Finding a good tenant can seem like a lottery when searching for tenants, so if you have references on hand to verify this, it can be very attractive to landlords.

• Have your payslip and, or, combined salary on hand to provide to landlords;

This shows an agent or landlord that you are able to afford the rent and bills for the property.

• Sign up with local agents;

By signing up with local estate agents, they will be able to keep your criteria on hand and can notify you when an eligible property is coming on the market.

• Begin looking for a new tenancy a substantial amount of time before you need to move out;

To ensure that you are able to find a suitable property, leave plenty of time to allow you to view properties and account for the high demand in the current rental market.

• Calculate your budget inclusive of bills to ensure the property is affordable; and

If you have not considered your budget when signing a new tenancy agreement, when the council tax and other bills start to accumulate, it may become apparent that the agreed rental price is not feasible. To avoid falling into arrears and future turbulence with your landlord, ensure that you have created a budget prior to signing the contract.

• Build up a deposit.

Almost all rental properties require a deposit that is, at least, one month of rent or more. This should be considered when you begin your search for a property to ensure that you are prepared to lay down a deposit for the property.

If you are experiencing issues with your rental property our team of experts is on hand to help. Details of our property litigation team can be found at housing@newboldsolicitors.com or www.newboldsolicitors.com

by Lorna Williamson

WILL MY BOUNDARY DISPUTE DEVALUE MY PROPERTY, MAKING IT HARDER TO SELL?

BOUNDARY DISSPUTES WHAT DO THEY MEAN

A boundary dispute is quite simply and issue over a right of way, a dispute over access, or when neighbours have disputes over a parcel of land. This could be a small piece of land that involves a hedge that has encroached on your land, or may be a tree where the roots are causing damage. It may be an issue over a cess pit, or knot weed that started on a neighbouring property but has now spread to your property.

It is never helpful to have a neighbour dispute if you are in the process of selling your property, or at all. If the dispute has become more than a few cross words exchanged, then any disputes should be disclosed in the property information form.

This PIF must be completed by the seller and given to the buyers solicitors when the conveyancing process is being completed. It may effect the sale of the property if there is an unresolved dispute, but, if you do not disclose a dispute then the buyer could hold you responsible for mispresenting the property and look to you for damages/compensation to put right the dispute after sale.

Also, if there is a piece of land that one person believes is theirs and the other person disagrees, then it will be identified by any buyers solicitors as an issue that needs to be resolved before a successful sale can proceed.

If you are thinking of selling your property and envisage that there will be issues upon any sale, then it is very important that you resolve those issues quickly and efficiently before the sale progresses. We at Newbold have a team of 8 who have the experience, enthusiasm and dedication to support you, resolve any boundary/neighbour issues and take away the stress. We work closely with our large conveyancing team to ensure the sale proceeds quickly and cost effectively for you.

Disclaimer: the above does not replace getting legal advice; all cases are different and need a different approach to resolving them. Please call Newbold if you have a problem that needs to be resolved before sale or purchase and we will be happy to help you resolve it

Boundary dispute - ask a solicitor.

A simple guide to a complex area from a UK specialist law firm.

What is a boundary dispute?

Boundary disputes usually arise when one person believes that they own a piece of land that is currently being occupied by another person. Often it involves a wall, but can include a driveway or another structure.

Sometimes a buyer has purchased a property and the conveyancing solicitor may have made a mistake with land ownership; the piece of land you believed you were purchasing does not appear to be yours. Or it could be, that the access that you thought you had, you do not.

You may have a claim for negligence against the conveyancer (the solicitors firm that dealt with the conveyance). We can help look at the documentation and plans and advise you if you do have a claim and how the claim can be resolved.

Boundary disputes have to be resolved because they do not go away. Boundary disputes not only cause huge amounts of stress, they can effect the future sale and value of the property.

In order to look at the boundaries, you need to look at any historic title deeds. You need to examine the title deeds, plans and any historic use documentation that you may have.

If you have a dispute involving your neighbours property, our team at NewBold would be delighted to help you. We would probably complete a site visit so that we can observe in person what the issues are; sometimes this is not always possible, but if you can send us photographic evidence, if you have any ordnance survey plans (otherwise we can obtain them for you), we can look at maps, title documents and advise you. We may have to instruct a surveyor, obtain the original conveyancing file from any previous solicitors firm you instructed. Evidence gathering and reading plans is something we have vast experience of.

Your neighbouring property may argue that they have always had a right of way over a piece of land (for a period of over 20 years), or that they cannot use their property without using a piece of land that you believe is yours. This of course can be argued vice versa.

We at NewBold are specialist property lawyers with 9 staff just dedicated to boundary disputes and property litigation, we know how stressful boundary disputes are, we know they can be expensive, but at the same time, they must be resolved. For this reason we take the case on in stages, and at every stage we try and resolve the issue for your benefit as quickly and cheaply as possible.

Please email housing@newboldsolicitors.com or telephone us on 0330 060 0247