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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.

NRLA to train social housing providers

NRLA to train social housing providers

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Our award-winning Training Academy is set to expand its offer this summer, launching bespoke training courses for social housing providers.

Leading lettings portal warns rent controls will be 'disastrous'

Leading lettings portal warns rent controls will be 'disastrous'

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One of the largest letting agencies in Scotland has warned within a new report that the SNP’s continued efforts to introduce tougher rent controls will have a ‘disastrous’ impact on an already struggling private rented sector.

Surrey council does U-turn on restrictions for smaller HMOs

Surrey council does U-turn on restrictions for smaller HMOs

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A council in Surrey is getting reading to restrict landlords seeking to convert houses into small HMOs next year.

BOOMING: London luxe rentals that cost £25,000 a week

BOOMING: London luxe rentals that cost £25,000 a week

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London’s super-luxe landlords have seen a big boom in £25,000-a-week rentals as taxation fears have prompted the wealthy to rent rather than buy.

NEW: Labour now has more landlord MPs than Tories

NEW: Labour now has more landlord MPs than Tories

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Three of the top five landlords in parliament are now Labour MPs, including the biggest landlord, new MP Jas Athwal.

Property dealer to pay £700,000 after court case

Property dealer to pay £700,000 after court case

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A property dealer who was involved in dealings with a controversial property investment company, Home Reit, has been ordered by a court to pay £700,000 to an intermediary.

Labour confirms national registration scheme for short lets

Labour confirms national registration scheme for short lets

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A mandatory short-lets registration scheme and tougher planning laws look set to take effect soon in England.

Seasoned landlord apologises over £19,000 licencing error

Seasoned landlord apologises over £19,000 licencing error

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A landlord firm which tried to argue that its agent was responsible for failing to organise an additional HMO licence has been handed a £19,753 rent repayment order.

Booking.com under fire over 'ghost' and 'scam' properties

Booking.com under fire over 'ghost' and 'scam' properties

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A holiday lets platform used by thousands of landlords to generate income has come under fire over ‘ghost’ properties.

'Labour nightmare for landlords! No rent? Well, you can’t evict or sell now'

'Labour nightmare for landlords! No rent? Well, you can’t evict or sell now'

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There is some uncertainty to what it actually means in practice until the details are written down but could the proposed hardship test mean even if your tenants won’t pay their rent, you will not be able to evict them if that makes them homeless or financially disadvantaged?

Big council takes unusual new role 'policing' all privately rented homes

Big council takes unusual new role 'policing' all privately rented homes

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North Yorkshire Council has adopted a new housing enforcement policy to ensure all private rental properties across the county are up to scratch, the first time this has happened.

Tenant remanded in custody after landlord's death

Tenant remanded in custody after landlord's death

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A tenant accused of murdering her landlord and stabbing his cat to death has been remanded in custody.

NEW: 'Dream home' raffle helps tenants pay their rent

NEW: 'Dream home' raffle helps tenants pay their rent

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A property raffle has just handed out another £500,000 to a lucky winner to buy their dream house.

Council slammed for breaking property licencing scheme rules

Council slammed for breaking property licencing scheme rules

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Hackney Council has been called out for continuing to process additional and selective landlord licence applications five months after both schemes ended.

Will the commercial property market revive soon?

Will the commercial property market revive soon?

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The UK commercial real estate sector has faced significant challenges recently due to changing trends, will recent signs of a turnaround continue?

Rogue landlord and agent first to be banned from PRS in Essex

Rogue landlord and agent first to be banned from PRS in Essex

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A rogue landlord and also letting agent who let out grotty and overcrowded properties has been handed the first banning order in Essex.

Number of tenants looking for properties to rent drops 39%

Number of tenants looking for properties to rent drops 39%

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Rental growth has slowed to its lowest level for nearly three years while demand has dropped by 39% during the past 12 months.

Northern city named best BTL hotspot with 13.1% gross yield

Northern city named best BTL hotspot with 13.1% gross yield

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As house prices have risen sharply in recent decades, many had thought that the sub-£100,000 house that returned double-digit gross returns had gone for good.

Scottish rent rises top charts after controls end

Scottish rent rises top charts after controls end

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The Scottish government’s failure to plan for the end of temporary rent controls has led to rents rising faster than in most other parts of the UK.

Generation Rent boss urges landlords to absorb costs

Generation Rent boss urges landlords to absorb costs

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Landlords can bear the brunt of longer notice periods due to charging high rents, according to Generation Rent.

Manx council moves to restrict holiday let growth

Manx council moves to restrict holiday let growth

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An Isle of Man village has become the latest authority to clamp down on the growth in short-term lets.

NEW: Councillors vote through selective licensing and higher fees

NEW: Councillors vote through selective licensing and higher fees

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Burnley councillors have recommended that its three selective licensing schemes covering some 2,000 homes be extended for another five years following a three-month-long consultation. The schemes in Burnley Wood and Healey Wood, along with the Leyland Road area of the town, were

NEW: Royal family make £1.4m a year from holiday lets

NEW: Royal family make £1.4m a year from holiday lets

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The Royal Family could be raking in £118,775 each month from their holiday let portfolio, adding up to a lucrative annual rental income of more than £1.4 million.

3,000 landlords are under 21 years old, reveals finance data

3,000 landlords are under 21 years old, reveals finance data

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Gen Z are rushing to invest in buy-to-let property, with more than 3,000 buy-to-let landlords in the UK now under the age of 21.

Landlord given police caution after assaulting tenant over 'arrears'

Landlord given police caution after assaulting tenant over 'arrears'

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A landlord who reportedly attacked a tenant after he complained about serious disrepairs has been handed a police caution.