BOUNDARY DISPUTES

Sep 29 | 2022

Neighbour has built a fence over my land

Some may recognise this photograph from TikTok. The case involved a neighbour dispute.  One neighbour erected a fence on land belonging to the other.  The matter was resolved by the one neighbour simply taking down the fence.   The video has been watched millions of times on TikTok. Disputes over boundaries are complicated.  They can lead to arguments, even violence, they can be expensive to resolve and can be very stressful.  Disputes can also devalue a property and can put off potential future buyers when the dispute is referred to in the property information form that is completed upon the sale of the property. The most cost-effective way of dealing with a similar situation is formally establish who owns the boundary.  It may sound obvious, but it is surprising how many people get the boundary line wrong; they argue with a neighbour without having correctly determined their position.  You can find who is responsible for a boundary and where the boundary line is, from the title register or the title deeds.  If you are unable to establish the line, then you should ask a solicitor to do this for you.  The plans registered at the Land Registry cannot be 100% relied upon, the Land Registry will not be responsible for defining boundaries.  You must look at the plan along with physical boundaries like ditches, rivers and hedges.  You are not automatically responsible for the left-hand fence; this is a myth. You can ask for your boundary to be determined at the land registry if you are unsure where your boundary is.  If the neighbours can agree, then one can ask for the boundary to be corrected at the land registry.  This should be dealt with via a Solicitor. If there is an issue with the height of the fence, it is usual for the back fence to be move than 2 metres and the front no more than 1 metre. Once the boundary has been established, a letter to the neighbour will often be sufficient to resolve the dispute.  If a dispute cannot be resolved then a neighbour must consider a letter before action, mediation and last resort, applying for an injunction. If you have an issue involving a boundary, then we would love to hear from you #newboldsolicitors #boundarydisputes The blog should not be relied upon for legal advice, you should always instruct a qualified and experienced property litigator.     Two men dismantling fence

RENTING HOMES (WALES) ACT, A FURTHER DELAY BEFORE THEY ARE IMPLEMENTED

Jun 16 | 2022
Implementation of the Renting Homes (Wales) Act delayed Julie James, Minister for Climate Change, has announced that the implementation of the Renting Homes (Wales) Act 2016 has been delayed until 1st December 2022; it was originally scheduled to come into effect on 15th July 2022. The new legislation will fundamentally change how landlords, and their agents, operate in Wales. The aim of the legislation is to simplify the existing law into one clear legal framework and the legislation represents the biggest change in housing law in Wales for decades. Some changes will occur as soon as the legislation comes into effect, for example, the majority of tenancies and licences will convert into occupation contracts on 1st December 2022 – in effect, there is no transitional period and this change occurs automatically. Inevitably, this gives rise to a sense of uncertainty and stress amongst landlords as the consequences for non-compliance can be costly. It is clear that both social and private landlords seek additional clarifications in relation to the new legislation. Julie James’ written statement outlines that the final traches of subordinate legislation are due in July 2022; this additional time before implementation will enable landlords to familiarise themselves with various pieces of that legislation. Julie James’ written statement (30th May 2022) can be found in full at: Written Statement: Implementation of the Renting Homes (Wales) Act 2016: deferral of implementation date (30 May 2022) | GOV.WALES Here at NewBold Solicitors, we can assist with supporting landlords with the above changes. As the legislative reform is so significant, we recommend preparing in advance of 1st December 2022 to avoid any repercussions for non-compliance.  if you wish to discuss your specific matter, please do not hesitate to contact the Housing team on 01446 789359. Renting Homes Wales

GOVERNMENT WILL CHANGE THE LAW IN ENGLAND

Jun 15 | 2022
GOVERNMENT WILL CHANGE THE LAW IN ENGLAND The Government will be introducing a 'Renters Reform Act', soon to be published by the Government as part of their 'levelling up' plan; the reform will allow tenants to have their pets in a rental property without the threat of eviction for breach of their tenancy. If the Landlord objects to a reasonable request, the Tenant and Landlord can attend mediation. Further details will be published by Newbold. In Wales (from December 22), the rules will be different (unsurprisingly for Wales as housing is a devolved area); if a tenant requests a reasonable change to a contract term 'e.g. no pets', the Landlord has one month to object, or there is deemed acceptance.  The Landlord will be unable to refuse a reasonable request. If you would like to know more about this, then please watch our vlogs, or ring one of our team for a free 10 minute chat.    

BREAKING NEWS - CHANGES WITH NOTICE PERIODS IN WALES

Mar 22 | 2022
      MORE CHANGES WITH THE SERVING OF NOTICE PERIODS IN WALES  From 25 March 2022, Landlords will be able to give their tenants only 2 months notice of their intention to evict them (no-fault evictions pursuant to Section 21) and only 2 weeks notice (substantial rent arrears pursuant to S8). Good news for Landlords who are struggling to make mortgage payments, but for Tenants who are struggling with their rental payments, this can be a very stressful time. If you are a tenant, then it is important that you do not ignore the problem, you seek help as soon as you are having difficulty with paying your rent.  Speak to a debt counsellor, speak to Shelter, or the CAB, keep engaging with your landlord. There are tenants who simply do not care they are missing their rental payments, they may be breaching their tenancy conditions and causing damage to the property, in which case, a Landlord should consider whether to re-serve a notice to take advantage of the change in legislation. If you are a Landlord with a property in Wales, then please phone us as because we are fully experienced in both English and Welsh housing law legislation, and we can explain the changes now, and the changes coming into force this summer. The law is becoming more complex and the difference between English and Welsh legislation is becoming further apart.  If you have a home or property in Wales, then speak to us.  

RENTING WITH PETS

Mar 08 | 2022
  Pets & Renting   We are often asked if Landlords can refuse a tenancy on the basis that the Tenant has a pet. At the moment, they can, but a paper is going through Parliament known as 'The Dogs and Domestic Animals (accommodation and Protection) Bill' which (if passed) will make it discriminatory to refuse a tenancy just because the Tenant has a pet. The Equality Act 2010 service providers (which includes Landlords), must not directly or indirectly discriminate against people with a disability.  Section 20(3) says that they must make reasonable adjustments where a provision, criterion or practice, puts a disabled person at a substantive disadvantage to a non-disabled person. Under the Equality and Human Rights Commissions guidance for social housing providers, it says that a Landlord would have to change a tenancy if it prohibits pets if the pet is an assistance, or guide dog and failure to do so may risk breaching article 14 of the human rights (prohibition of discrimination); therefore if one can reasonably argue that the pet helps their disability (including a hidden disability), then one can consider relying upon this. The most important thing we can do is lobby our MPs on this issue; it is (in our view) discriminatory because pets are like a family member and it is abhorrent to ask a tenant to rehome a pet just so they can move into a property. Useful guides can be found at the Tenancy Deposit Scheme, 'a guide to pets in rental properties' and The Dogs Trust 'Lets with Pets'. Hopefully the bill will be past in the very near future, it simply make sense that it is. All our blogs are generic and cannot be relied upon for legal proceedings, for specific advice on your matter, please speak to one of our team; also, the law changes, and blogs may be overridden by new law.     

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