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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

Information

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.

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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According to research from the NLA, 4 in 10 landlords are either seriously considering forming a limited company or looking into the option in the coming months.Can you - and more importantly should you - set up a company to pay less tax? Heres my complete guide on becoming incorporated.<stron

What heating system for Rental Property?

What heating system for Rental Property?

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What heating system should you use in your rental property? Is there a heating system that could solve landlords condensation claims problems?Its one of the most important questions to ask when letting a property for the first time. Whatever system you choose carries implications for the ef

Warnings about Gumtree advertised letting scams

Warnings about Gumtree advertised letting scams

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The Residential Landlords Association (RLA) and the National Landlords Association (NLA) have called on the classified online listings service Gumtree to issue clear guidance over possible scams involving bogus letting scams.The warning has been issued to Gumtree by the NLA and the RLA after f

Dispute Resolution Procedure at Rent Review

Dispute Resolution Procedure at Rent Review

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At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to inv

Government releases 'How to Rent'� guide

Government releases 'How to Rent'� guide

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From the 1st of October 2015 it became a statutory requirement that landlords issue all new tenants after that date with the latest edition of a Government publication The How to Rent Guide�, along with a current Energy Performance Certificate (EPC) and a current Gas Safety

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Is the rental market still profitable?

Is the rental market still profitable?

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Over recent years, governments have tightened lettings legislation and increased the tax burden on landlords. Add on the current cost-of-living crisis, high mortgage rates, and the Renters (Reform) Bill making its way through Parliament, some landlords are understandably beginning to wonder if it’s

Lack of advice stalling landlords' efforts to make properties greener, says RICS

Lack of advice stalling landlords' efforts to make properties greener, says RICS

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Landlords and industry professionals have been invited to share their thoughts on a new professional standard aimed at helping surveyors provide useful retrofitting advice. The Royal Institution of Chartered Surveyors (RICS) has launched a consultation on its draft <strong id=""

'I'm so sorry' helps landlord avoid prosecution after illegal eviction attempt

'I'm so sorry' helps landlord avoid prosecution after illegal eviction attempt

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A contrite landlord has apologised to the tenant he tried to illegally evict after being rapped on the knuckles by Coventry Council. The landlord sent text messages telling his tenant to leave when they told him the rent would be late. He then visited the property and took the t

EXPERT: 'Binning Section 21 won't help as many tenants as campaigners hope'

EXPERT: 'Binning Section 21 won't help as many tenants as campaigners hope'

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Section 21 is the biggest headline grabbing element of the Renters Reform Bill but will be the least effective pieces of the legislation. Thats according to letting agent Kristjan Byfield (main picture), co-founder ofhttps://www.baseps.co.uk/"

High Street bank joins in criticism of Government over stalled evictions reform

High Street bank joins in criticism of Government over stalled evictions reform

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Shelter has this morning launched a campaign in partnership with the Co-operative Bank to persuade the Government to press ahead with its proposal to abolish Section 21 evictions. The two organisations have launched a PR stunt on Parliament Square today covering it with 172 card

SHOCK: 30% of landlords looking to sell 'some properties' says big broker

SHOCK: 30% of landlords looking to sell 'some properties' says big broker

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New data reveals the extent of the landlord exodus prompted by the current mortgage rate surge with 36% of landlords polled revealing they plan to sell a property over the next 12 months. The proportion intending to sell some properties was at 30%, up from 28% the last tim

Proportion of tenants over 65 years old set to surge in coming decade

Proportion of tenants over 65 years old set to surge in coming decade

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Landlords are increasingly likely to be renting to older tenants in the coming decade with the proportion of renters in private rented accommodation over 65 years old doubling to 11.5%, it has been reported. Letting agency Hamptons says its research reveal

Midlands council reveals crackdown on unlicenced HMOs with unusual results

Midlands council reveals crackdown on unlicenced HMOs with unusual results

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A council crackdown has uncovered four unlicensed HMOs and one being used as a cannabis factory in Kettering and Corby. North Northamptonshire Council joined forces with Northamptonshire Police in a week-long inspection of 76 HMOs, four of which are still being investigated.

Leading lawyer asks landlords for help to reverse 'morally wrong' HMO rules

Leading lawyer asks landlords for help to reverse 'morally wrong' HMO rules

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HMO owners and associations are being urged to support calls for a rethink of plans to remove licensing requirements for HMOs used as asylum accommodation. Property lawyer at JMW, David Smith , wants the High Court to agree to a judicial review of changes o

LEGAL: common sense prevails in lease dispute

LEGAL: common sense prevails in lease dispute

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Lease disputes are time consuming, costly and most can be avoided when leases are well drafted in the first place. This article addresses a case where the landlord failed to ensure that the lease was properly drafted. The lease gives a tenant the right to use the property for it

EXCLUSIVE: European Court battle over Right to Rent to launch 'soon'

EXCLUSIVE: European Court battle over Right to Rent to launch 'soon'

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A legal charity still hopes to challenge the government over its Right to Rent policy despite failing to convince European judges that it increases racial discrimination in the rental market. Under the scheme, landlords have to check the immigration status of prospective tenants

Braverman under pressure to reverse 'outrageous' HMO rules for asylum seekers

Braverman under pressure to reverse 'outrageous' HMO rules for asylum seekers

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Scores of housing groups and legal centres have called for ministers to abandon plans to remove licensing requirements for HMOs used as asylum accommodation. In anhttps://www.jcwi.org.uk/safe-homes-for-all" target="_blank" open letter t

WATCH: Is Government policy squeezing landlords out of the market?

WATCH: Is Government policy squeezing landlords out of the market?

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The number of landlords selling up has hit record levels, leading property buying firm National Residential has reported. The company says this has been prompted to a significant degree by the long-standing uncertainty within the private rented sector created by the Government

Should landlords hold onto their properties for as long as possible following the BOE's announcement that inflation fell to 8.7% in April?

Should landlords hold onto their properties for as long as possible following the BOE's announcement that inflation fell to 8.7% in April?

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Despite the fall in inflation, The Guardian is reporting https://www.theguardian.com/business/2023/may/24/uk-inflation-falls-cost-of-living-crisis" the financial markets are betting on an interest rate rises to 4.75% in June and 5.4% by the end of the year , the Office fo

Rental homes must be 'reserved for locals' in Airbnb hotspots, says Tory MP

Rental homes must be 'reserved for locals' in Airbnb hotspots, says Tory MP

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A Conservative MP has called for tenants to be offered affordable homes in tourist hot spots if they can prove theyre local. During a Commons debate on short-term holiday lets, East Devon MP Simon Jupp (pictured) suggested that councils could be allowed

WARNING: 'Periodic tenancies will 'decimate' the student rental sector'

WARNING: 'Periodic tenancies will 'decimate' the student rental sector'

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The NRLA says Government measures to abolish Assured Shorthold Tenancies (ASTs) will decimate the student housing sector if they go ahead unchanged. Featured within the Renters (Reform) Bill, this will see ASTs replaced with more flexible open-ended periodic tenancies

Commercial property industry supports a record number of UK jobs

Commercial property industry supports a record number of UK jobs

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Commercial property is an important part of the UK economy, but the retail and office sectors as still suffering and rising interest rates present a real threat. A recent https://bpf.org.uk/media/6294/cl16688-01-bpf-economic-footprint-may23-v5-hi-res-single-pages.pdf" t

BLOG: Should landlords switch on to electric vehicle charging points?

BLOG: Should landlords switch on to electric vehicle charging points?

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Electric vehicle charging expert Matthew Gibbons (main picture) explores the pros and cons of installing the different equipment at rental properties. Rented properties with EV charge points are a rare thing, so installing one makes a home more desi

Are there certain areas worth investing in following Government’s Levelling Up plans?

Are there certain areas worth investing in following Government’s Levelling Up plans?

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In the Spring Budget, the Chancellor announced a raft of measures that the Government intends to help level up the UK. Specifically, they're pledging to prioritise employment, education and enterprise

Suburban landlords to see bonus as more renters commute into London

Suburban landlords to see bonus as more renters commute into London

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Better transport links to the capital have boosted the number of Londoner commuters happy to spend time on the tube or bus. Renters are living further away from the office than they did seven years ago because this doesnt necessarily equate to longer journey times due to impr

Major debt charity calls for more eviction protection for rent arrears tenants

Major debt charity calls for more eviction protection for rent arrears tenants

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A debt charity is calling on the government to introduce stronger protections for tenants who fall behind on their rent. StepChanges survey found that private renters struggled to afford their homes more than any other housing tenure, with one in six (1.2 million people) rely

'FEELING THE SQUEEZE': Third of tenants spending half their salary on rent

'FEELING THE SQUEEZE': Third of tenants spending half their salary on rent

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More than one in three tenants in the UK spend at least half their salary on rent, according to new data from flat-share site SpareRoom. Its poll of 11,000 private renters reveals that 81% spend more than 30% of their take-home pay on rent, leaving them rent burdened, mean

Annual rent inflation climbs again hitting nearly 5% across much of UK

Annual rent inflation climbs again hitting nearly 5% across much of UK

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Rent inflation continued to climb last month up by 0.1% to 4.7%, the Governments latest data for England shows. The Official for National Statistics (ONS) reports the annual increase, which compares the 12 months to the end of April 2023 to the previous months rent data.</

LISTEN IN: The Renters (Reform) Bill - what do the experts think?

LISTEN IN: The Renters (Reform) Bill - what do the experts think?

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In this bonus episode of The Property Cast, Sean Hooker, Head of Redress at the Property Redress Scheme, and leading property expert Kate Faulkner OBE, share their initial reactions to the Renters (Reform) Bill. In perhaps the biggest shake-up of the private rented sector in ove

POLL: Portfolio landlords moving to commercial as PRS becomes more difficult

POLL: Portfolio landlords moving to commercial as PRS becomes more difficult

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Large portfolio&nbsp;landlords are feeling upbeat despite the tough economic climate, with many eyeing the commercial sector for their next property purchase. The https://www.handelsbanken.co.uk/en/about-us" target="_blank" Handelsbanken </a

Leasehold WILL be abolished if we get into power, promises Labour

Leasehold WILL be abolished if we get into power, promises Labour

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Labour has vowed to abolish the leasehold system as soon as it comes to power following Michael Goves U-turn earlier this month. The Housing Secretary dropped https://www.landlordzone.co.uk/news/new-gove-sets-sights-on-scrapping-leasehold-ownership/" target="_blank"

LATEST: Decent Homes Standard 'missing' from Renters (Reform) Bill

LATEST: Decent Homes Standard 'missing' from Renters (Reform) Bill

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Environmental health bodies are to press the government on why it omitted plans for a Decent Homes Standard in the Renters (Reform) Bill. Despite including most of the promised draft legislation, the expected standards were missing and only mentioned in an accompanying press rel

'Fixed term tenancies MUST be preserved within reform bill for students lets'

'Fixed term tenancies MUST be preserved within reform bill for students lets'

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A proposed ban on fixed-term tenancies could penalise students amid an already heightened rental crisis in many cities. According to student rentals platform StuRents�

Battle over holiday lets hots up as campaigning MP holds meeting

Battle over holiday lets hots up as campaigning MP holds meeting

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The increasingly rancourous debate between Airbnb landlords and legislators will come to a head in York this week as the city's MP convenes a public meeting to discuss the growing problem of short lets within its walls. MP Rachel Maskell (main picture) is one of six mostly Labou

'This is why built-to-rent will outperform BTL in the long term'

'This is why built-to-rent will outperform BTL in the long term'

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Property management professional David Goldberg recently revealed that in the long term, investing in so-called build-to-rent developments will prove to be more profitable for investors than buy to let. He claimed that built-to-rent looks to be a win-win for both tenant

SW city to clampdown on HMO conversions with harsher rules

SW city to clampdown on HMO conversions with harsher rules

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Exeter is considering extending its Article 4 direction to help manage the impact of the citys student population. The current Article 4 restricting landlords rights to convert properties into HMOs is in an area close to the University of Exeters Streatham and S

Reform bill will push more landlords into the short-lets market, say experts

Reform bill will push more landlords into the short-lets market, say experts

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Leading figures on both sides of the private rented sector have agreed that the Renters Reform Bill, along with the Governments other changes including tax relief, are driving landlords into the short lets market. The comments were made during a debate chaired by former North

OFFICIAL: Latest evictions surge 'due to reforms pushing out landlords'

OFFICIAL: Latest evictions surge 'due to reforms pushing out landlords'

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The Minsitry of Justice has blamed a 23% jump in the number of private landlord possession during the first three months of the year on the Welsh PRS reforms, although volumes are still below pre-Covid levels. Quarterly figures from the Ministry of Justice show that claims&nbsp;

Renters’ Rights Bill: Expert insights on key changes

Renters’ Rights Bill: Expert insights on key changes

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Experts Sean Hooker and Kate Faulkner discuss the Renters (Reform) Bill and its impact on landlords and tenants in the private rented sector.