Sunday

The Lord of the Manor

One of my History Spot posts – here I look at Manors, which were the main social and economic unit in Medieval England, and indeed in Europe.  Read all about them here …

Monday

Individual tenants assigning their share of the tenancy

This post arose out of something a lady I spoke to after one of my talks at the Landlord & Letting show last week, told me.  I fear however that her method of dealing with tenants moving out early does not have any legal validity.  Read why here …

Tuesday

The story of Scammers Ltd

This is a bonus Ben Reeve Lewis post, where he talks about the eye popping sharp practices going on in his manor.  Be shocked and horrified here …

How do you tell a good letting agent from a bad one?

I wrote this rather as a reaction to Bens post above.  There MUST I thought, be ways you can spot the dodgy agent.  Quite a few readers chipped in and gave their suggestions.  Find out what they were here …

Wednesday

Rent arrears – how landlords can deal with them effectively

A ‘tips’ post this one, giving a bit of help and guidance to landlords who find themselves stuck with tenants who are not paying their rent.  Particularly in view of the dire economic news we have been getting recently about rising unemployment levels and the like.  Read the tips here …

Thursday

Rent arrears from a housing benefit tenant who already had another home

A ‘blog clinic’ post this one. Paul has a problem with tenant fraud, but Landlord Law Blog readers don’t think there is much that can be done about it.  Find out why here …

Friday

Ben Reeve Lewis Friday Newsround #25

Ben is getting depressed about the rising homelessness figures and is wondering if kids should be taught more about housing law and budgeting in schools.  Read what he has to say about it all here …

Further reading

• Shelter have set up a rogue landlord watch - there is an interactive map where you can find the worst hit areas
• Some great news stories as usual on Landlord Today (one of the best sites for news)
• This a great new blog on running an HMO property from HMO Landlady (who has commented on this blog from time to tome)
• Read some of the guest blogs on the Property 188 site (including yours truly and Ben)
• Finally, if you are a lodger landlord taking in lodgers on benefit Emily would like to hear from you

Here’s what happened on the blog:

Sunday

The Estates of Man in Norman England

Another one of my History Spot posts – Taking a look at the different ways people could ‘hold’ land in Norman England, bearing in mind that only the king could own it. See why this was here …

Monday

Landlord Accreditation – a way to stand out from the crowd

Discussing accreditation and what it is, and also how you can find out about it.  However some readers in the comments are  doubtful about its ability to change the world.  I still think its a Good Thing though.  Find out why here …

Tuesday

Ben Reeve Lewis does the washing up to the Tenancy Agreements Audiobook

A great title for a great post – a glimpse into the home life of our own Friday columnist.  Glad he liked the audio book anyway.  Find out what he said about it here …

Wednesday

Bad landlords – three successful prosecutions

Councils seem to be criticised a lot for their lack of enforcment action.  Here are a few cases where they suceeded in getting a Result.  Read all about it here …

How do you allocate money from the deposit when then are rent arrears AND damage?

A question from the heart from Mark, seeking guidance from the Blog Clinic.  Find out what the advice was here …

Thursday

New Gas Safety report finds a 50% greater risk in the private rented sector

Looking at trends from the figures of gas incidents since 1997 – we also learned that the elderly are 5 times more likely to have problems – find out why here …

Friday

Ben Reeves Friday Newsround #24

Here we learn a bit of Ben’s social history before he launches into a discussion about planning, ending up with looking at a few exciting but possibly far fetched ideas.  See what you think of them here …

Extra reading

If you have read and enjoyed all of those why not:

• Read about proposed amendments to the tenancy deposit protection rules in the DPS Blog
• Read some of the excellent news posts on the Landlord Today site
• Let me have your feedback on this blog (and get a free pdf with my ten top tips for landlords), and
• Find out more about my Tenancy Agreements Audiobook (special discount offer ends on Monday)

Tune in for more updates next week!

Sunday

Norman barnons – writs and relief

We start off the week with a history spot post about Norman barons and a tale of how the Kings standard bearer joined their ranks.  Find out more here ..

Monday

The Kings Demesne

Bank holiday Monday.  So another history spot, this time looking at the Kings demesne – the land the King kept for himself.  We learn a bit about forest law and King Rufus’ appointment with an arrow.  Plus a nice picture of a forest – take a look at it here …

Tuesday

Tenancy agreements and Julie’s big mistake

You have to be really careful messing around with tenancy agreements, as this story shows.  Find out why here …

Wednesday

Will people living on boats solve the housing crisis?

This is one of the suggestions made by Mr Shapps, our housing minister.  Ben and I think he may be getting desperate.  But for one of those commenting on the post, his plans don’t go far enough.  Find out why here …

Which tenancy dilemma

Michael wants to know what sort of tenancy he has.  We think it is probably an assured tenancy, but in the comments we discuss how some Judges might think otherwise.  Take a look here …

Thursday

The tenancy agreements audiobook – helping landlords learn

I talk about our forthcoming audiobook and how and why it was made.  And also tell you how you can listen to part of it for free.  Find out how here …

Friday

Ben Reeve Lewsis Friday Newsfound #23

This week Ben is looking at boom and bust.  Rising house prices may be good news for homeowners and property developers, but what about the rest of us?  Read what he says about it here ..

What do you think of the Landlord Law Blog?

Yes, thats right, I’m looking for feedback.  Four small questions (but you can give long answers if you want).  If you complete the form you can download my ten top tips for landlords – a nifty pdf in 12 pages.  Don’t say I never give you anything!  Find out more here …

Well thats the roundup for this week.  Tune in next week for another one.

Why not see whats gone before by reading >> previous roundups?

So I have decided to do a weekly ‘roundup’ post on a Saturday to keep you in the picture.

Sunday

Landlord and tenure

My first history spot! We go back to Norman times and look at oaths of fealty and seisin. Ben, in the comments, wonders if landlord and tenant relations today would be different if landlords were called something else, and we discuss the nature of legal language.  Read it here.

Monday

Housing benefit cuts – the people speak

We start the week proper with a bit of vox pop. A short summary of a piece in the Observer, followed by summaries of readers comments. As Ben remarked, “everything from Leon Trotsky to Alf Garnett”. Read it here

Tuesday

Legal aid cuts – bad news for landlords

Another ‘cuts’ piece today, this time legal aid, looking at an article by a Judge in the Law Society Gazette. You may think its irrelevant to this blog as its all about family law, but cuts to family law legal aid will affect YOU Mr Landlord. Find out why  here.

Can you use more than one ground for possession?

This was a blog clinic question from David. You get an answer from me and a helpful comment from solicitor Simon Parrott. Click here to read them

Wednesday

Tenants debt in the private sector averages £18,733 says CCCS

I got into a bit of trouble with this one. The title originally started ‘Tenants rent arrears …’ leading to a flood of comments and emails saying that the figure was the total debt and not the arrears. CCCS then contacted me to confirm this, so later on in the day I amended the post. But its still a lot of money. Read the post and its comments here

Is this tenant stitching up the landlord to get a council house?

Great question from landlord Bobby in the Blog Clinic, and some great answers from readers. Click here to read them

Thursday

Tenancy agreements – why you need to know about them

An important topic and an important post. Introducing our shortly to be launched audio book, plus a free download on preparing tenancy agreements. Check it out here

Friday

Ben Reeve Lewis’ Friday Newsround # 22

Ben’s subject today is scammers – what they do, how they do it, and how its going to render the Olympic games hideous for foreign visitors who get caught out by them. Find out more here

Thats it for this week folks. Let me know in the comments if you like the idea of a weekly round up.

It is not always appreciated by non lawyers that there are two kinds of law.  Civil law and Criminal law.

Civil law – is a complicated system which tries to set out rules to cover all the sorts of situation that may arise in life, and provides for disputes to be decided by a Judge if the parties are unable to sort it out themselves.

Criminal law – is a system for punishing wrong doing.  The criminal law sets out all the things which are considered unacceptable, and which will render someone liable for prosecution.

There are some substantial differences between the two.

Parties – the persons bringing or defending the case

In the civil system a claimant will bring a claim against a defendant.  The parties can be anyone who has the right to bring a case at law (basically anyone who is not mad, under 18 or a ‘vexation litigant’).

In the criminal system  a prosecution will be brought against a  defendant.  Defendants are normally living people but it is possible for a prosecution to be brought against a limited company now.

Prosecutions are generally brought by the Crown Prosecution Service on behalf of us all (although technically they are brought in the name of the Queen).  They can also be brought by private organisations though – quite a lot of private prosecutions are brought by shops against shoplifters.

Courts

Civil cases are generally brought in the County Court with more complex cases and those involving more money being brought in the High Court.

Criminal cases are generally brought in the Magistrates Courts or, for more serious offences, the Crown Court.

Both types of case can be appealed, to the Court of Appeal and ultimately the Supreme Court.  The precise route can vary depending on the type of case.

Note that some specialist types of cases can also be brought in one or other of the various tribunals, such as the Employment Tribunal, the Lands Tribunal etc.  These are mostly for civil claims.

Burden and standard of proof

In both types of case one party will have to prove the case ie have the ‘burden’ of proof.  But the the degree or standard to which they need to prove it, is different.

In the civil courts, it is generally the claimant who has to prove their case, and the standard of proof is the ‘balance of probabilities’.  So it will have to be more likely that they are right than not.  Sometimes the burden of proof is reversed and it will be the defendant who will have to prove something, but not often.  Unless they are bringing a ‘counter claim’.

In the criminal courts, it is the prosecution who will have the burden of proof, and the standard is much higher.  They have to prove their case ‘beyond reasonable doubt’. This is why a victim of crime may be able to win a civil claim against someone for damages who has been acquitted in the criminal courts.

Result – conviction or judgement

In the civil courts, if a claimant is successful they will generally be awarded a judgment.  This will normally be for a sum of money which the losing party will have to pay, but not always.  Some cases are brought for an injunction (ie an order that someone do or refrain from doing something), or even just a declaration as to what the law is about something.

In the criminal courts, a defendant will either be convicted or acquitted.  If convicted he will generally receive a sentence.  This is mostly a fine, but can be a custodial sentence in prison, or perhaps a community service order.

What about housing law?

Most housing cases fall within the civil legal system.  Claims for outstanding rent, possession of properties, or perhaps an injunction ordering a landlord to carry out essential repair work.

However some things fall within the criminal system.  Failing to provide a rent book to a weekly tenant, and failing to provide details of an oral tenancy on request are both criminal offences. More serious are offences under the Gas Regulations.

There are also a whole raft of regulations relating to the condition of properties which are administered by Local Authorities (don’t go to the Police, they won’t be interested) under the Housing Act 2004, together with the harassment offences under the Protection from Eviction Act 1977.

It is all a bit unnecessarily complex, and the trend nowadays is to give civil remedies for things rather than make them criminal offences.  For example this is the route taken in the recent tenancy deposit regulations.

This has been a very brief overview but hopefully it will shed a bit of light on these things for non lawyers.