Member Article

Caution Advised until Law is Clarified

Uncertainties in relation to Tenancy Deposit Legislation have led to regional legal experts recommending that landlords take a cautious approach.

Until the Deregulation Bill which is currently going through Parliament is passed, Tilly Bailey & Irvine Solicitors’ team of property litigation specialists says there is uncertainty surrounding landlords’ legal requirements in relation to tenants’ deposits. Because of this, they recommend landlords re-protect tenants’ deposits and re-serve prescribed information after any initial fixed term.

Helen Williamson, from Tilly Bailey & Irvine Solicitors, said: “The proposed bill will, we hope, resolve the current uncertainties faced by landlords in relation to deposit protection legislation. However, there is no timetable for this bill, and certainly no urgency in pushing it through Parliament. With no definitive guidance on what landlords are required to do, we can only recommend caution, particularly in the shadow of evolving case law which casts further doubt over the duties and responsibilities of landlords.”

The team is also regularly advising landlords on how to deal with disputes. Helen added: “Whilst everyone would wish to have a long and happy tenancy, disputes do occur and must be dealt with appropriately and within the law. Landlords are rarely aware of how legally complex disputes can be, and finding a resolution to such problems can often be more costly than necessary as a result.”

Tilly Bailey & Irvine Solicitors has a team dedicated to assisting landlords in these unfortunate circumstances and working to find practical, cost effective resolutions for landlords. The firm’s Property Litigation team is also focussed on educating landlords and keeping them up to date with developments in this area of law. Helen Williamson and colleague Gemma Smith often hold free seminars to discuss such matters. They have recently presented to landlords at regional meetings of the National Landlords Association (NLA). As well as giving general legal updates, they have shared specific guidance on the legal requirements in the event a landlord needs to evict a tenant and repossess a property.

Steve Simpson, the NLA representative for Teesside and himself a landlord, commented: “Landlords are keen to remain up to date with changes in the regulations, and Tilly Bailey & Irvine Solicitors’ legal updates provide all the relevant information. For landlords, it’s important to know that we have easy access to lawyers who are experienced in this area of law. To have this expertise available, through a reputable and well-established firm in our own region, is a great asset.”

The next presentation by Helen and Gemma will be at the NLA Teesside meeting on Tuesday 21st October, 2014 at 7.30pm. The NLA Teesside meeting takes place at the Blue Bell Hotel, Acklam Road, Acklam, TS5 7HL, and is free to attend for both NLA members and non-members. For more information, email steve.simpson@landlords.org.uk.

To respond to the needs of landlords in the North East, Tilly Bailey & Irvine Solicitors has introduced fixed fee services for landlord/ tenant disputes. Anyone wishing to find out more, can contact Helen or Gemma on 01740 646000 or at hwilliamson@tbilaw.co.uk and gsmith@tbilaw.co.uk.

This was posted in Bdaily's Members' News section by Tilly Bailey and Irvine Solictors .