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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 wins legal fight over council's poor eviction advice

Landlord wins legal fight over council's poor eviction advice

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Sefton Council has been rapped on the knuckles for wrongly advising a tenant he could stay put, despite knowing it could not prevent an eviction.

Legal Matters: The extent of a landlord’s Duty of Care

Legal Matters: The extent of a landlord’s Duty of Care

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Landlords owe a duty of care to their tenants, in particular to protect them from injuries caused by any defects in the rental property

Rent controls risk stifling Scotland's student property sector

Rent controls risk stifling Scotland's student property sector

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Letting agents have warned that introducing rent controls for purpose-built student accommodation in Scotland will have a “chilling” effect on investment.

Landlords offered hope for faster cladding crisis resolution

Landlords offered hope for faster cladding crisis resolution

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A new coalition in the capital aims to accelerate the removal of unsafe cladding on residential buildings over 11 metres.

Minister insists tenants will have pick of pet insurance policies

Minister insists tenants will have pick of pet insurance policies

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The government has rejected calls to introduce an additional pet damage deposit as part of the Renters’ Rights Bill.

Starmer's migrant housing scheme pushes landlords to jump on a profit-making opportunity

Starmer's migrant housing scheme pushes landlords to jump on a profit-making opportunity

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Starmer’s migrant housing scheme and incoming legislation are pushing landlords to rethink their strategy. With market prices still high, smart landlords are selling underperforming properties now to reinvest later when prices drop. Landlord Sales Agency offers a fast, profitable way to sell and sta

Rent control exemptions could hurt private landlords

Rent control exemptions could hurt private landlords

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Exempting build-to-rent developers from future rent controls in Scotland could result in a two-tier market and an unworkable system.

Half capital's short let owners flout law to boost income

Half capital's short let owners flout law to boost income

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The government has been urged to clamp down on central London’s short let sector after new research found at least half were being rented out unlawfully.

Give landlords more time to improve EPC or risk rental shortages, says bank

Give landlords more time to improve EPC or risk rental shortages, says bank

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A proposed 2030 deadline won’t give landlords time to get their properties to EPC C and could cause them to quit, according to Paragon Bank.

Potential buyer reports landlord to council over illegal HMO

Potential buyer reports landlord to council over illegal HMO

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A landlord renting out an unlicensed HMO was caught out when a prospective buyer reported her to the council.

REVEALED: £10k cost of getting rental properties up to Labour's new EPC minimum

REVEALED: £10k cost of getting rental properties up to Labour's new EPC minimum

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Private landlords face an average bill of £10,000 to hit government EPC C targets by 2030, according to new research.

City's selective licensing to generate £7.7 million for council

City's selective licensing to generate £7.7 million for council

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The City of Peterborough says it has received selective licencing applications for three quarters of the properties due to be included in the ten-ward scheme, with a deadline for the completion of applications due at the end of November.

Lobby group launches to fight Scotland's rent controls

Lobby group launches to fight Scotland's rent controls

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A new private rented sector lobbying group hopes to convince the Scottish government to temper its plans for permanent rent controls under the Housing (Scotland) Bill.

Landlords warned after deposits court case stops eviction

Landlords warned after deposits court case stops eviction

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An appeal judge has backed a tenant’s argument that serving prescribed information before the deposit is paid isn’t valid, meaning their eviction cannot go ahead.

REVEALED: Where landlords wait longest and shortest to find tenants

REVEALED: Where landlords wait longest and shortest to find tenants

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Gloucester was the fastest moving rental market last month where the average property was let within 14 days of being advertised.

NRLA warns rent controls would 'not benefit tenants' in long run

NRLA warns rent controls would 'not benefit tenants' in long run

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Trade association the NRLA has warned that rent controls would prompt a third of landlords to sell up if they were introduced in England.

Big build-to-rent firm in trouble over 'misleading consumers'

Big build-to-rent firm in trouble over 'misleading consumers'

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Build-to-rent developer Quintain Living has had its knuckles rapped for wrongly suggesting tenants could make big energy bill savings, get free WiFi and work from home areas.

Big building society follows other BTL lenders and cuts rates

Big building society follows other BTL lenders and cuts rates

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Leeds Building Society is the latest lender to announce reductions to its BTL mortgage products following the Bank of England’s decision to cut the base rate from 5.25% to 5%.

Tory policies have 'driven students into expensive corporate blocks' - claim

Tory policies have 'driven students into expensive corporate blocks' - claim

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Exiting student landlords have paved the way for PBSA developers charging higher rents, according to The FT.

Panic selling as landlords fear capital gains tax raid

Panic selling as landlords fear capital gains tax raid

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Chancellor of the Exchequer Rachel Reeves refusing to rule out a swinging increase in capital gains tax (CGT) for landlords

Report shows 11% of tenants paying 60% of their income as rent

Report shows 11% of tenants paying 60% of their income as rent

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A new report based on data from 46,000 renters reveals shocking data on how much they are spending on their rent.

Big boiler manufacturer promises not to repeat 'greenwashing' claims

Big boiler manufacturer promises not to repeat 'greenwashing' claims

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One of the UK’s biggest gas boiler manufacturers used by millions of landlords has promised not to ‘greenwash’ its part-hydrogen fuelled boilers.

How many laws must landlords adhere to, asks legal expert

How many laws must landlords adhere to, asks legal expert

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Law-savvy landlords are being asked to help compile a definitive list of legislation impacting the PRS.

No.10 cat 'backs' mandatory pet damage insurance campaign

No.10 cat 'backs' mandatory pet damage insurance campaign

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Larry the Number 10 cat has backed a charity’s campaign to change the law allowing tenants to keep pets.

Hardship test “bombshell” for landlords

Hardship test “bombshell” for landlords

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Labour’s housing minister Matthew Pennycook is said to be planning a “hardship test”

New minister says transfer from housing benefit to Universal Credit 'smooth' but expert disagrees

New minister says transfer from housing benefit to Universal Credit 'smooth' but expert disagrees

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Claims by the new Department of Work and Pensions (DWP) minister of state Stephen Timms that the transfer of remaining housing benefit claimants to Universal Credit is being done ‘as smoothly as possible’ have been questioned by a leading expert.

Landlord fined £10,000 over failure to do £169 safety check

Landlord fined £10,000 over failure to do £169 safety check

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Booking in a five-yearly Electrical Safety Installation Certificate (ESIC) check for your rented property often seems like one of the plethora of minor tasks on the ‘to do’ list.

Higher BTL repossessions making rental shortage worse says Law Society

Higher BTL repossessions making rental shortage worse says Law Society

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An increase in buy-to-let repossessions is exacerbating the rental supply shortage and leaving evicted families without legal aid needed to fight their case.

'We're seeing mostly older landlords selling up' says agency boss

'We're seeing mostly older landlords selling up' says agency boss

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An exodus of older landlords is paving the way for build-to-rent investors and younger landlords looking to capitalise on higher yield properties, according to a big estate agency boss.

Landlord property repossessions continue upward trajectory

Landlord property repossessions continue upward trajectory

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At least 710 buy-to-let mortgaged properties were repossessed in the second quarter of the year, 13% up on the previous quarter and 51% up year-on-year.

OpenRent and Rightmove's 'war of words' ends with new deal

OpenRent and Rightmove's 'war of words' ends with new deal

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Online lettings firm OpenRent and Rightmove have signed a new property listings deal after several weeks of corporate brinkmanship over fees.

COURTS: Time to evict a tenant jumps 15% to 25 weeks

COURTS: Time to evict a tenant jumps 15% to 25 weeks

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The average time from claim to landlord repossession has jumped to 25.4 weeks, up from 22.1 weeks in the same period in 2023, according to the latest government figures.

'Supply of rented property thinning out, and Labour's not helping'

'Supply of rented property thinning out, and Labour's not helping'

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Gloomy letting agents have reported a fall-off in private rentals coming onto the market around the country.

How to turn non-profitable headache portfolios into slick, high profit machines again

How to turn non-profitable headache portfolios into slick, high profit machines again

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Landlord Sales Agency has been touted as the UK’s best company for landlords to go to who are looking to increase the profits of their property portfolios.