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Is rent in advance a deposit?

Is rent in advance a deposit?

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Advance Rent: Piggot v Slaven and Johnson v. OldThere are two important cases which clarify (though not necessarily decisively) the position on landlords accepting rent payments in advance. One concerns the accepting of the final two months rent in advance, a common devi

Minimum EPC Rating for Rental Properties after 2018

Minimum EPC Rating for Rental Properties after 2018

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Following some confusion and debate about a deferral for the new standards following the MEES* deadline in April 2018, the new government has confirmed that changes to the EPC rules, preventing landlords from renting out homes below rating E, will definitely be introduced from April 2018.Accordin

Leasehold Repairs and Disputes

Leasehold Repairs and Disputes

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Responsibility for Repairs: Who is responsible and who is obliged to pay for repairs to leasehold blocks and flats? What is the procedure if repairs are unnecessarily delayed or not carried out to the leaseholders satisfaction? What is the Section 20 procedure?T

How to do a rent review - Part 1

How to do a rent review - Part 1

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In 1978, I published a pamphlet "The Framework of Rent Review Clauses" which was given free publicity in leading law and property journals. In 1983, I published a 28-page booklet ' How to do a Rent Review; priced at �5 it was an instant hit and in a letter to me was described by Professor Joh

Returning Deposits when in breach of the rules'�

Returning Deposits when in breach of the rules'�

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Test Case Yeomans v Newell [2016]:When a landlord is in breach of the tenancy deposit rules he or she is prevented from serving a valid s21 notice for possession proceedings. Despite the fact that the tenancy deposit legislation has been in force since April 2007, landlords

Tenancy Deposits, Superstrike and the Deregulation Act

Tenancy Deposits, Superstrike and the Deregulation Act

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Test Case: Superstrike Ltd v Marino. RodriguesThe case involved a landlord who had taken a deposit from the tenant before the deposit protection rules came into force in April 2007, since changed by the Deregulation Act 2015 see below. When the tenancy later became a st

Tenant's Liability to Pay Council Tax

Tenant's Liability to Pay Council Tax

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Test Case: Leeds City Council v Broadley [2016]This case and the subsequent High Court ruling has brought some clarification about who is liable to pay council tax, tenant or landlord, when a rental property is vacant due to a tenant vacating early, that is, before the tena

Tenant's Notice-to-Quit ' Periodic Tenancies

Tenant's Notice-to-Quit ' Periodic Tenancies

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Ending a Tenancy: What are the rules governing the ending of a statutory periodic tenancy (SPT) by the tenant, especially when the periods of the tenancy are not the standard 1 month?The answer to this question is not easily defined as it is not covered by one rule or a sing

mydeposits Issues Deposit Scam Warning

mydeposits Issues Deposit Scam Warning

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Deposit Scheme Scam: Mydeposits says it is aware of a new scam being used by a fraudulent company imitating mydeposits and targeting landlords and letting agent members of the mydeposits Custodial scheme in England & Wales.The scam uses an email which imitates one from m

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Seven out of ten tenants haven’t heard of the Renters’ Rights Bill

Seven out of ten tenants haven’t heard of the Renters’ Rights Bill

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A whopping 69% of renters haven’t heard of the Renters’ Rights Bill and 75% don’t understand how it might impact them, a new survey has revealed.

Bailiffs under pressure: The ripple effects of the Renters’ Rights Bill

Bailiffs under pressure: The ripple effects of the Renters’ Rights Bill

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The Renters' Rights Bill is set to to overhaul the eviction process, with bailiffs increasingly under pressure.

House prices dropped in April as buyers paid thousands more in stamp duty

House prices dropped in April as buyers paid thousands more in stamp duty

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House prices dropped in April as buyers paid thousands more in stamp duty, it has been revealed.

Courts are not ready for the Renters’ Rights Bill, it was declared in the House of Lords this week

Courts are not ready for the Renters’ Rights Bill, it was declared in the House of Lords this week

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The court system isn’t ready for the Renters’ Rights Bill, it was declared in the House of Lords this week.

Two out of five landlords to leave the market, survey predicts

Two out of five landlords to leave the market, survey predicts

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A worrying 39% of landlords will probably exit the market within the next five years, according to the latest poll.

Only 9% of properties sold by landlords in Scotland return to the private rented sector

Only 9% of properties sold by landlords in Scotland return to the private rented sector

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Only 9% of properties sold by landlords in Scotland in a recent 12-month period returned to the private rented sector, a new survey has found.

Only a fifth of landlords are prepared for new mandatory sanctions checks

Only a fifth of landlords are prepared for new mandatory sanctions checks

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Only a fifth of landlords and letting agents feel prepared for the new mandatory sanctions checks on all landlords and tenants.

Landlords investing in mixed-use property in bid for higher returns

Landlords investing in mixed-use property in bid for higher returns

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More landlords are investing in mixed-use properties in their quest for more robust returns.

Average asking rent of a property outside of London jumps to new record £1,349 a month

Average asking rent of a property outside of London jumps to new record £1,349 a month

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The average asking rent of a property outside of London has increased to a new record £1,349 a month, new data reveals.

Mould 'clamp down' plans for landlords 'imminent' says Rayner

Mould 'clamp down' plans for landlords 'imminent' says Rayner

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Labour will continue to ramp up the pressure on landlords to update their properties by consulting on a Decent Homes Standard.

Landlord fined £5,000 after failing to get HMO licence

Landlord fined £5,000 after failing to get HMO licence

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A landlord in Colchester has been handed a £5,000 civil penalty notice for failing to license his unsafe HMO.

Threatened tax changes could mean landlords lose most of their capital gains

Threatened tax changes could mean landlords lose most of their capital gains

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News
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Rumours of hikes in capital gains tax (CGT) have landlords running for the exit

Investment property is a steal - but there's a catch

Investment property is a steal - but there's a catch

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Landlords with a burning ambition to take on a major project might consider bidding on this home in the Welsh valleys, priced £0.

EXPERT: Clarity needed over PBSA exemption from reforms

EXPERT: Clarity needed over PBSA exemption from reforms

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There is confusion around whether Purpose-Built Student Accommodation will be exempt from changes in the Renters’ Rights Bill.

Borough's HMO landlords trial new appeals portal

Borough's HMO landlords trial new appeals portal

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Landlords in Barnet who are refused permission for change of use to an HMO can challenge the decision through a new online portal.

BTL mortgage rates fall despite interest rate hold

BTL mortgage rates fall despite interest rate hold

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The Bank of England has resisted the temptation to cut interest rates, which remain at 5%.

REPORT: Scots law fails to significantly improve PRS

REPORT: Scots law fails to significantly improve PRS

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Legislation in Scotland has done little to improve affordability in the PRS, according to new research.

Utilita Energy Helps Landlords Winterproof Properties in Fight Against Mould and Damp

Utilita Energy Helps Landlords Winterproof Properties in Fight Against Mould and Damp

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Times are hard for tenants and landlords alike and this coming winter is causing a worry for many. Almost a quarter of households are already in energy arrears and 9 out of 10 households are worried about increasing energy bills. With heating being the largest proportion of the average energy bill,

Tenant lifestyle not always to blame for damp, says legal expert

Tenant lifestyle not always to blame for damp, says legal expert

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Landlords should not be so quick to lay the blame on tenants for problems and instead use new tools to tackle issues.

Rental prices continue to climb at near-record rate

Rental prices continue to climb at near-record rate

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Average UK private rents increased by 8.4% in the 12 months to August, down from 8.6% in the 12 months to July.

Portfolio landlords buying more properties through companies

Portfolio landlords buying more properties through companies

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Landlords who use limited company structures are incorporating a much larger proportion of their portfolios to mitigate tax changes.

Generous renters dip deep to help homeless youngsters

Generous renters dip deep to help homeless youngsters

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Kind-hearted mydeposits customers have donated more than £66,000 of interest earned on their deposits to the Centrepoint charity.

New rules on standards as Renters’ Rights Bill published

New rules on standards as Renters’ Rights Bill published

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The Government’s Renters’ Rights Bill has been published and could be introduced as soon as spring next year. James Kent, the NRLA’s Chief Innovation Officer and founder of the digital compliance platform Safe2 explores what the Bill proposes when it comes to safety and standards in your rental home

Landlords urged to offer more tenant-friendly technology

Landlords urged to offer more tenant-friendly technology

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Nearly three-quarters of UK tenants (73%) who aren’t using digital tools in their rental properties would like to give them a try.

Edinburgh landlords win legal challenge over suspensions

Edinburgh landlords win legal challenge over suspensions

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Short-term let landlords in Edinburgh have won a third successful challenge against the council’s licensing scheme.

Think Digital: Proptech to come under the microscope at NRLA Conference

Think Digital: Proptech to come under the microscope at NRLA Conference

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With one eye on the horizon the NRLA is always looking for ways to streamline the lettings process, making it quicker and easier for landlords and tenants. Here James Kent, the NRLA’s Chief Innovation Officer, and founder of digital compliance platform Safe2, looks forward to the association’s 2024

Renters' Rights Bill due back in Commons next month

Renters' Rights Bill due back in Commons next month

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The Renters’ Rights Bill returns to the Commons for its second reading next month, as the new government fast-tracks its shake up of the PRS.

Landlord fined for failing to improve cold and mouldy home

Landlord fined for failing to improve cold and mouldy home

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A rogue landlord who persistently ignored requests to carry out improvement works on her property has been ordered to pay £2,400.

TECH: Platform delivers insights to ease property-buying process

TECH: Platform delivers insights to ease property-buying process

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Landlords are being encouraged to trial a tech tool that gives them new insights to make property buying less risky.

North-South rental gap is smallest in a decade

North-South rental gap is smallest in a decade

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The gap between rents in the North and South of England has closed to its smallest level since 2013.

Councils’ disastrous journey into commercial property investments

Councils’ disastrous journey into commercial property investments

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English councils collectively went on a near £7bn commercial property buying spree, a reel into cinemas proved to be a disaster...

Landlord left family living in fear at unlicensed home

Landlord left family living in fear at unlicensed home

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A rogue landlord who left a family of eight living in damp and dangerous conditions has been told to pay more than £3,000 by magistrates.

Calls grow for short-let licensing to rebalance PRS

Calls grow for short-let licensing to rebalance PRS

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MPs are pushing the government to introduce a licensing scheme for short-term lets in England.

Stock crisis predicted to worsen as landlords brace for bad news

Stock crisis predicted to worsen as landlords brace for bad news

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More than one in 10 homes for sale on Zoopla in July were formerly rented, prompting fears that a challenging autumn budget could further increase sales.