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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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Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.

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

Landlords and Agents Reminded about Burst Pipes

Landlords and Agents Reminded about Burst Pipes

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Freezing Pipes: This time of year, as we head towards colder weather and freezing conditions, buy-to-let properties and indeed all rental properties are vulnerable to potentially expensive winter water damageIn this article digital inventory app developer Imfuna Le

Rent-free period

Rent-free period

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Guide to commercial tenancy rent-free periods and full repairing leases, explaining tenant obligations on lease expiry or termination.

Safety Standards for Blinds and Curtains

Safety Standards for Blinds and Curtains

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Landlords and letting agents should by now be conversant with the 2014 regulations on blinds and curtains and the measures necessary to prevent accidents with children. It is particularly important to ensure that blinds and curtains supplied in rental properties meet these regulations, otherwise,

Repair Reporting Issues and Section 21

Repair Reporting Issues and Section 21

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Changes to the law on Section 21 and in particular how landlords deal with reported repair issues is now of crucial importance if section 21 claims for possession are to be successful. Careful pre-planning is now essential at the time of setting-up Assured Shorthold Tenancies (AST).The Section 21

Assessing Covenant Strength

Assessing Covenant Strength

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Understand how to assess tenant covenant strength and why it’s key to commercial property investment decisions.

Holding or Pre-Contract Deposits

Holding or Pre-Contract Deposits

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I have always found the holding deposit (an initial retainer paid to the landlord or agent to reserve a tenancy) is a very useful device to commit the tenant to your letting. But is it legal to withhold the advance deposit you take from a prospective tenant if they back out?In my experience a pro

Tenancy Deposit Documentation

Tenancy Deposit Documentation

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What do I need to do when I protect my tenant/s deposit? If you take a deposit from your tenant/s you MUST protect the deposit and serve your tenants with the correct documentation within 30 days or face having to pay a fine and the prospect that you cannot use the s21 evict

ITZA revisited

ITZA revisited

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A clear explanation of ITZA and rent review zoning — why old ITZA measurements may not always apply in new rent reviews.

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

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Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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Charities and campaigners slam Government over 'weak' renting reforms

Charities and campaigners slam Government over 'weak' renting reforms

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In a sign that the Renters (Reform) Bill is annoying many and pleasing few, charities and pro-tenant groups have today joined forces to slam the legislation for being too weak. The https://rentersreformcoalition.co.uk/" target="_blank" Renters Ref

BREAKING: Government rows back on 2035 gas boiler ban within rented properties

BREAKING: Government rows back on 2035 gas boiler ban within rented properties

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The Government has rowed back on its commitment to phase out all gas boilers in rented homes by 2035 following comments by Michael Gove. Talking tohttps://www.thetimes.co.uk/radio/schedule" https://www.thetimes.co.uk/radio/schedule" target="_blank" i

Another big council looks at forcing selective licencing on private landlords

Another big council looks at forcing selective licencing on private landlords

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A big South East counciil hopes to introduce a big selective licencing scheme for private landlords which would cover all PRS homes. Medway, which is a unitary authority covering a large swathe of Kent including Rochester and Gillingham, has seen those renting in the private ren

Official report backs binning leasehold but some owners 'still worried'

Official report backs binning leasehold but some owners 'still worried'

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Ditching leaseholds is 'entirely possible' although some flat owners still arent convinced about moving across to commonhold, a government report has concluded. It explains that while reaching a point at which most existing flats are owned without a third-party landlord or ar

Landlords given five months to join enlarged �800 London licencing scheme

Landlords given five months to join enlarged �800 London licencing scheme

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More than 5,400 homes in Islington now need a licence under Islington Councils new selective licensing scheme.  Landlords in Finsbury Park, Tollington and Hillrise wards are affected, where properties are blighted with poor conditions, according to council enforcement of

Gove consults landlords on looser rules for commercial to residential conversions

Gove consults landlords on looser rules for commercial to residential conversions

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Landlords are being encouraged to share their thoughts on government plans to make it easier to convert larger department stores, space above shops and offices.  As part of Housing Secretary Michael Goves announcement on https://www.landlo

UK Property Market Summary and Predictions for 2023

UK Property Market Summary and Predictions for 2023

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The UK property market has undoubtedly seen a tumultuous period since the end of 2022. Fluctuating statistics, record-breaking demand, falling supply, and concerning economic projections have left many scratching their heads and wondering: https://www.rw-inv

Need a hoover in a hurry? High-tech kiosk lends renters essentials

Need a hoover in a hurry? High-tech kiosk lends renters essentials

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Residents of East Village's Build-to-Rent blocks can rent household essentials like vacuums and game consoles via TULU's smart kiosks.

Government targets cities and relaxes planning in bid to solve housing crisis

Government targets cities and relaxes planning in bid to solve housing crisis

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A new https://www.landlordzone.co.uk/news/government-housing-policies-not-working-for-landlords-or-tenants-mps-are-told/" housing plan would allow shops, takeaways and betting shops to be turned into homes while homeowners would have greater freedoms to carry out property

Landlord defeats HUGE rent repayment claim by tenants who owe HER �17k

Landlord defeats HUGE rent repayment claim by tenants who owe HER �17k

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A landlord in Dartford has batted off a huge rent repayment order (RRO) claim made by her tenants after a judge dismissed the case during a virtual Property Tribunal hearing. Manjit Sanghera, who co-manages the family detached property on the outskirts of the Kentish town with h

Campaigners call for crack down on failing PRS properties and landlords

Campaigners call for crack down on failing PRS properties and landlords

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Campaigning group the London Renters Union is targeting landlords in London by urging councils to come down much harder on failing properties. It has launched an action plan in Brent, detailing how the local authority should hold landlords accountable for more than 10,000 privat

Quitting landlords could fuel further drop in house prices

Quitting landlords could fuel further drop in house prices

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Buy-to-let landlords will influence https://www.landlordzone.co.uk/sponsored/what-do-the-falling-house-prices-mean-for-landlords/" house prices if a large number choose to sell up, according to rating agency Moodys. The firm is predicting that prices will f

Holiday home owners top the rental income chart

Holiday home owners top the rental income chart

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The average annual https://www.landlordzone.co.uk/news/battle-over-holiday-lets-hots-up-as-campaigning-mp-holds-meeting/" holiday let income exceeded buy-to-let income for the first time in 2020-21, reaching �15,600 compared with �13,400, according to HMRC.

Edinburgh Council forced to go back to drawing board over licensing

Edinburgh Council forced to go back to drawing board over licensing

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Short-term let landlords in https://www.landlordzone.co.uk/news/edinburgh-chief-admits-burdensome-licencing-plan-will-hugely-reduce-holiday-lets/" Edinburgh have won their legal case against the councils licensing scheme. In the biggest crowdfunded case in

Surveyors report surge in landlords selling up across UK

Surveyors report surge in landlords selling up across UK

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Almost two-thirds of surveyors have witnessed rising numbers of buy-to-let landlords looking to sell their properties. The https://www.rics.org/" Royal Institute of Chartered Surveyors (RICS) reports that a similar number have seen a drop in the level of inter

Parliamentary petition launches to save Assured Shorthold Tenancies

Parliamentary petition launches to save Assured Shorthold Tenancies

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A new Parliamentary petition has been set up urging the government to ditch plans to remove assured shorthold tenancies. The LandlordZONE reader, who has a portfolio of properties in Yorkshire and Lancashire, was prompted to take action as he fears it could be the final nail in

PROBE: Will new pets rules in reform bill apply to existing or only new tenancies?

PROBE: Will new pets rules in reform bill apply to existing or only new tenancies?

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Confusion surrounds the governments plans to introduce https://www.landlordzone.co.uk/news/blog-will-the-looming-pets-in-lets-rules-prove-pervasive/" pets in lets measures, with conflicting messages coming from the DLUHC. It has confirmed that the new

TOM'S GUIDES: Increasing the rent ' how do I go about it?

TOM'S GUIDES: Increasing the rent ' how do I go about it?

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With increasing costs, inflation hovering around the 10 per cent mark and mortgage rates approaching 6 per cent theres lots of talk about increasing rents. Many landlords are unable to absorb these extra costs without going into losses, so for them theres little choice, th

Landlords with 20 properties or more are choosing to sell with these portfolio exit specialists

Landlords with 20 properties or more are choosing to sell with these portfolio exit specialists

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This year our economy, regulations and taxes were the final straw that led landlords rushing to sell off their portfolios to beat the market drops, mortgage versus rent gaps a

What do the falling house prices mean for landlords?

What do the falling house prices mean for landlords?

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May has brought more bad news for some landlords with the Nationwide Building Society reporting a 3.4% drop in house prices in the year to May 23 and interest rates that are expected to rise to 5.5.% later this year.

NEW: 'Landlords who make sex for rent demands should be banned for life'

NEW: 'Landlords who make sex for rent demands should be banned for life'

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Estate agents have called for landlords who advertise sex for rent to be banned from the PRS for life. In its response to the governments https://www.gov.uk/government/consultations/exchange-of-sexual-relations-for-accommodation-sex-for-rent#:~:text=The%20consultatio

LATEST: London borough gives green light to big new HMO licencing scheme

LATEST: London borough gives green light to big new HMO licencing scheme

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Redbridge Council in North London has given the go-ahead for a new borough-wide additional HMO licensing scheme. The scheme extends licensing to all HMOs with three or more tenants forming two or more households after the authoritys consultation disco

COMMENT: Why are property values going down for the first time in ten years?

COMMENT: Why are property values going down for the first time in ten years?

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The Halifax revealed today that house prices have fallen on an annual basis for the first time since December 2012, by 1%. This means the average house value has declined by �132 which may not sound a lot but represents a seismic change after years of ultra-low interest rates p

NEW: Property educators urged to join reform group's first national summit

NEW: Property educators urged to join reform group's first national summit

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Property educators are being urged to collaborate, learn, and shape the future of property education at The Property Investors Bureau Property Educators Summit. The invitation-only industry event aims to improve standards, foster collaboration, and add value to their business by

NEW: London's bailiff service problems spreading to other areas of UK says expert

NEW: London's bailiff service problems spreading to other areas of UK says expert

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Following our storyhttps://www.landlordzone.co.uk/news/breaking-evictions-grind-to-a-halt-as-bailiffs-reduce-workload-over-health-and-safety/" https://www.landlordzone.co.uk/news/breaking-evictions-grind-to-a-halt-as-bailiffs-reduce-workload-over-health-and-safe

Concerns over loan defaults as office and retail tenants fail to renew leases

Concerns over loan defaults as office and retail tenants fail to renew leases

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Persistent home working is affecting office occupancy rates and is leading commercial tenants to fail to renew their office leases. Ghost city streets have emerged post pandemic as occupancy rates hit a new low. In the UK it has been reported that these office space rates could

BLOG: Ministers MUST reconsider periodic tenancy plans for students

BLOG: Ministers MUST reconsider periodic tenancy plans for students

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Last year saw worrying housing shortages in a number of university cities in the UK. In Leeds we were turning away larger than usual numbers of students at the back end of the summer as there were simply no rooms available. Even before the proposed changes under thehttp

BREAKING: Welsh Government is 'looking at rent control options'

BREAKING: Welsh Government is 'looking at rent control options'

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The Welsh Government has launched a consultation on fair rents and adequate housing within which housing minister Julie James (main picture) reveals she is considering rent controls. The https://www.gov.wales/sites/default/files/consultations/2023-06/housing-adequ

Airbnb to give rental income data to HMRC, short lets landlords warned

Airbnb to give rental income data to HMRC, short lets landlords warned

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Airbnb is to share data with the taxman on its hosts earnings going as far back as the 2017-18 financial year, a new warning on its website reveals. The information will help HMRC identify those making money from letting their properties without declaring it, who then face cr

LAW: Agent faces �10,000 bill after licencing fine appeal rejected

LAW: Agent faces �10,000 bill after licencing fine appeal rejected

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A managing agent who failed to licence a property has had his appeal thrown out by a First Tier Property Tribunal. Taren Lamba tried to convince the judge that he was not in control of the property in Kenwood Road, London (main picture) by insisting that a

Illegal evictions increasing 'dramatically' says leading tenancy group

Illegal evictions increasing 'dramatically' says leading tenancy group

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Illegal evictions and harassment by rogue landlords are increasing as tenants struggle to pay their rent and some landlords resort to criminal means to remove tenants as the court system falters and some landlords seek to exploit soaring rents, according to Safer Renting. Figure

BLOG: Will the looming 'pets in lets' rules prove pervasive?

BLOG: Will the looming 'pets in lets' rules prove pervasive?

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In the third in a series of blogs for&nbsp;LandlordZONE&nbsp; on rental reform,&nbsp;Sean Hooker , Head of Redress at the&nbsp;https://www.theprs.co.uk/" <em

AGENT: London rental market to be 'most competitive ever' this summer

AGENT: London rental market to be 'most competitive ever' this summer

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Prospective tenants flooding into London this summer along with the continued shrinkage in property numbers is set to create one of the most competitive rental markets ever seen. May bank holiday is when many 12-month and 18-month tenancies come to an end, explains Adam

OPINION: Rental Reform '� will it work in England?

OPINION: Rental Reform '� will it work in England?

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Across the UK nations theres been a rolling programme of rental reform, one new tenancy regime after another, but has any of this really worked for the benefit of tenants or landlords? We dont yet know the final form the Renters (Reform) Bill will take, theres a long wa