The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is now widespread – but what is their status in law? The Court of Appeal considered that issue in a guideline case.

In this guideline case, the court set out the legal principles which it will use to determine whether a prescriptive easement (ie one used for in excess of 20 years) has been acquired.

The distinction between assured and regulated residential tenancies is crucial when it comes to rent obligations and security of tenure; however, the dividing line is not always easy to draw as a decision of the Upper Tribunal (UT) revealed.

Under the Housing Act 2004 (as amended by the Localism Act 2011), any deposit paid under an assured shorthold tenancy must be paid by the landlord into a government-backed tenancy deposit protection scheme and significant penalties may await landlords who fail to do so. Although the operation of the Act is not retrospective, failure to appreciate that it affects all relevant tenancies entered into since it came into force on 6 April 2007 has proved costly for residential landlords.

Disputes between tenants and their landlords over the level of service charges are very common. A recent case concerned a tenant whose lease contained a covenant requiring him to pay 'a fair proportion' of the cost of services provided.

The importance of both making sure lease agreements are clear in all respects and commencing a claim for arrears of rent and service charges promptly was illustrated by a recent case in which part of a landlord’s claim against a tenant who had failed to pay service charges due under the lease was initially struck out because it was statute barred, leaving the landlord to pursue a lengthy court action to obtain payment.

The proceedings were brought in 2013 and related to arrears dating back several years.

In line with the previous government’s aim to make consumers better informed and better protected when buying goods and services a provision has been inserted in the Consumer Rights Act 2015 requiring letting agents to publicise their fees. The aim is to inform and protect both landlords and tenants.

The new law comes into effect on 27 May 2015 and requires letting agents to publicise prominently in their office and on their website a full list of their fees; whether or not they are a member of a client protection scheme; and which redress scheme they have joined.

Landlords with tenants who occupy their premises under assured shorthold tenancies will be affected by changes introduced by the Deregulation Act 2015, which received the Royal Assent in March 2015. The commencement date for the changes has not yet been announced.

Among the changes of greatest importance is that the Act makes invalid a possession notice made under Section 21 of the Housing Act 1988 if the tenant has served a notice of complaint regarding the condition of the property on the landlord and the local authority has served a relevant notice on the landlord as a result.

Deposits paid by residential tenants to their landlords have always provided fertile ground for discord; but in one such case, a dispute concerning dog hairs and scratch marks on a door mushroomed into a full-blown High Court libel action.

Couple A had rented out a house to Couple B on a six-month tenancy and the latter paid a £1,575 deposit. When the lease expired, Couple A argued that at least part of that deposit should be forfeited.