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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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Landlord pays a high price for ignoring HMO rules - £11,000

Landlord pays a high price for ignoring HMO rules - £11,000

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A landlord who failed to license his unsafe and overcrowded HMO has failed in his bid to have a £11,000 fine dismissed.

GUIDE: What to do as energy costs go through the roof

GUIDE: What to do as energy costs go through the roof

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Energy costs are a major concern for landlords and tenants. Save on energy consumption and make your tenants’ homes more comfortable

HMO landlords 'culpable' as council tackles fly-tipping epidemic

HMO landlords 'culpable' as council tackles fly-tipping epidemic

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A leading London council has revealed plans to clamp down on HMOs and the ‘fly tipping’ and rubbish their residents create, and has pointed the finger at both landlords and letting agents for not doing enough to stop the problem.

Minister says 'more powers to regulate holiday let landlords' may be needed

Minister says 'more powers to regulate holiday let landlords' may be needed

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Housing minister Matthew Pennycook has hinted that extra powers to stop holiday lets and second homes may be needed - including planning permission.

Big London council launches 'tenants' rights' charter

Big London council launches 'tenants' rights' charter

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Westminster City Council has launched a tenants’ charter aimed at helping private renters better understand their rights, improve living standards, and access support services.

Landlord fighting licensing 'overeach' urges YOU to get behind new petition

Landlord fighting licensing 'overeach' urges YOU to get behind new petition

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A Portsmouth landlord has launched an online petition in a bid to stop councils using heavy-handed criteria when designing selective licensing schemes.

Is this councillor offering Britain's most generous landlord deal?

Is this councillor offering Britain's most generous landlord deal?

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Private landlords are being offered attractive letting and leasing deals by the Royal Borough of Greenwich in a bid to tackle its housing crisis.

Landlords to get access to 'expanded boiler upgrade scheme'

Landlords to get access to 'expanded boiler upgrade scheme'

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Landlords could get more choice about what type of energy efficient upgrades they fit in their properties under the government’s Warm Homes Plan.

HMRC warns landlords off CGT avoidance schemes and closes loopholes

HMRC warns landlords off CGT avoidance schemes and closes loopholes

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HMRC has made the unusual step of warning landlords not to use widely-routed tax avoidance schemes which it says are being marketed to buy-to-let investors as a way to save Capital Gains Tax.

Expected tax grab prompts fearful landlords to quit

Expected tax grab prompts fearful landlords to quit

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News
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An ongoing shortage of rental properties is expected to keep pushing rents higher as more landlords look to scale back their portfolios.

Suspended jail term for landlord who ignored safety checks

Suspended jail term for landlord who ignored safety checks

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A rogue landlord has been handed a suspended jail sentence after she failed to maintain gas appliances at her rental property.

Rogue exempt accommodation landlords face tough crackdown

Rogue exempt accommodation landlords face tough crackdown

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News
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The government has vowed to take action on rogue landlords who exploit vulnerable residents in exempt accommodation.

Landlord Exodus: Tough New Rules spark mass Sell-Off

Landlord Exodus: Tough New Rules spark mass Sell-Off

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A mass sell-off is currently underway in the landlord sector, and it only looks set to increase. EPC requirements, The Renters Reform Bill, mounting financial pressures, the list of reasons goes on.

Steep house prices curb renters' home buying ambitions

Steep house prices curb renters' home buying ambitions

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News
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A third of renters (33%) don’t plan to ever own their own home, up from a fifth (20%) in 2022.

Warning: Landlords will race to beat Section 21 ban

Warning: Landlords will race to beat Section 21 ban

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A “tsunami of landlords” will put in Section 21 notices before the ban is implemented, predicts Landlord Action’s Paul Shamplina.

Renters' Rights Bill heralds biggest change to sector in 30 years

Renters' Rights Bill heralds biggest change to sector in 30 years

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Landlords are bracing themselves for the impact of a ban on Section 21 after the government published its Renters’ Rights Bill.

Rental listings see big uplift after recent rate cut

Rental listings see big uplift after recent rate cut

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The first base rate cut since 2020 has boosted rental stock levels across major British cities, according to new research.

Landlords' views sought on updating house sale process

Landlords' views sought on updating house sale process

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Landlords are being asked to share their experiences of conveyancing to help strengthen the case for digital property packs.

Ministers debate even tougher rules for holiday let owners

Ministers debate even tougher rules for holiday let owners

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News
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The government is considering a further crackdown on short-term lets in a bid to free up more homes for local people.

Cut corners on inventories at your peril, landlords warned

Cut corners on inventories at your peril, landlords warned

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Landlords and letting agents aren’t carrying out inventory inspections on nearly a third of tenancies, leaving themselves open to disputes.

Landlord tax burden puts the squeeze on maintenance budgets

Landlord tax burden puts the squeeze on maintenance budgets

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Landlords have been warned that cutting maintenance budgets could jeopardise their ability to rent out properties and puts renters at risk.

Court throws out rent-to-rent ruling against superior landlord

Court throws out rent-to-rent ruling against superior landlord

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A landlord has successfully overturned a rent repayment order after he argued he wasn’t responsible for an unlicensed HMO.

Condensation and mould – how can I deal with this knotty problem?

Condensation and mould – how can I deal with this knotty problem?

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It’s that time of year again. The first signs of the UK’s autumn cold arrives as we see more cooling rain and wind, and a noticeable drop in temperature

COMPLIANCE: How staying on top of your responsibilities could avoid five-figure penalties

COMPLIANCE: How staying on top of your responsibilities could avoid five-figure penalties

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A Hastings landlord is counting the cost after failing to provide their local authority with an essential safety certificate – a timely reminder to make sure you’re up-to-date with all your safety certificates.

Renting campaigners call for Labour to go further with reforms

Renting campaigners call for Labour to go further with reforms

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The Renters’ Reform Coalition has called for more radical renter reforms including longer eviction notice periods, longer protected periods free from eviction when a tenancy starts and limits on rent increases during a tenancy.

CGT hike 'to be final nail in rental sector's coffin' claims expert

CGT hike 'to be final nail in rental sector's coffin' claims expert

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A Capital Gains Tax rate change could be the final nail in the PRS coffin as investors ditch bricks and mortar, according to one big financial analyst.

Big landlords tell Labour "it's time to work with us to solve crisis"

Big landlords tell Labour "it's time to work with us to solve crisis"

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A portfolio landlord group has urged the government to voice support for the sector and work with it on finding a solution to the country’s housing crisis.

Hoarding under the spotlight in new NRLA courses

Hoarding under the spotlight in new NRLA courses

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Hoarding is an issue for an estimated six per cent of the population so at some point, many landlords will house a tenant that is affected.

Council slammed after 'quietly' rolling out more landlord licensing

Council slammed after 'quietly' rolling out more landlord licensing

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Waltham Forest has been slammed for failing to adequately publicise details of its new additional licensing scheme.

Minister offers support for landlords as anger grows over rent controls

Minister offers support for landlords as anger grows over rent controls

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Landlord groups are hoping Scotland’s First Minister has softened his hard-line stance on impending rent controls amid promises to boost the PRS.

Wales to reform contentious HMO council tax banding system

Wales to reform contentious HMO council tax banding system

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The Welsh government looks set to follow England’s lead by launching a consultation into how HMOs are valued and banded for council tax purposes.

More landlords are selling up as CGT rise looms, says Rightmove

More landlords are selling up as CGT rise looms, says Rightmove

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The number of former rental properties being sold by estate agents is on the rise as a proportion of the market, it has been revealed, suggesting strongly that more landlords are leaving the market.

There’s never been a better time to convert commercial buildings to residential

There’s never been a better time to convert commercial buildings to residential

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Architect Matthew Robinson argues that there’s never been a better time to convert commercial buildings to residential use...

TECH: New app gives tenants ability score landlords' properties

TECH: New app gives tenants ability score landlords' properties

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A new app aims to help prospective tenants decide whether a rental property ticks all the right boxes.