Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu
There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR
Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y
With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio
Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan
Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the
Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a
As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there
The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina
When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance
Elsewhere on LandlordZONE (at https://www.landlordzone.co.uk/information/what-is-a-section-25-notice" https://www.landlordzone.co.uk/information/what-is-a-section-25-notice and https://www.landlordzone.co.uk/information/what-is-a-section-26-notice-2 ) you can find out about sec
Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re
There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
After a tough week, starting with reports from the Telegraph urging banks to “stop treating landlords like cash cows” we finally have some good news.
A rogue landlord who tried to evict his tenant using “deplorable behaviour” has been jailed for eight weeks.
The government is being urged to consider hard-up renters who won’t be able to take on their landlords despite any court system upgrade ahead of the Renters Reform Bill.
Housing secretary Michael Gove has pinned the blame for non-compliance within the private sector on foreign offshore landlords during a Q&A session at yesterday’s NRLA Conference in Birmingham.
A costly HMO conversion could prove a worthwhile long-term investment, with the average 8.1% HMO yield far higher than the 4.4% generated by a regular rental property, according to research by Octane Capital.
The mandatory national Property Portal for landlords to be introduced by the Renters (Reform) Bill next year will stop the spread of borough-wide selective licencing schemes, a leading MP has claimed.
Michael Gove used his speech to introduce the second reading of his Renters (Reform) Bill to pour cold water on calls for rent controls while also trying to reassure ‘good’ landlords that the abolition of Section 21 ‘no fault’ evictions will not affect them.
Following months of uncertainty, this year will be looked back upon as a tumultuous one for landlords.
Yes, legal terms confuse and like many specialisms, the confusion is added to by the fact that different terms often have essentially the same meaning.
Wayhome has raised �8 million
A rogue landlord has been fined a whopping �115,181 for operating four poorly run and unlicensed HMOs. West Northamptonshire Councils private sector housing team inspected the four properties, including one at 93 St Michaels Road, Northampton (pictured), in March 2020 under
Citizens Advice Scotland (CAS) is calling for a ban on landlords who evict tenants illegally as part of a strategy to clean up the private rented sector. Landlords can only be included on Scotlands landlord register if they pass a councils fit and proper person test an
The Welsh Government has published the draft legislation that will change the terms of converted contracts and any renewals that replace them within the private rented sector. This is the mechanism that will replace ASTs in Wales and replace them with occupation contracts,
Is buy to let still a good investment? In this article, Tom Entwistle, a residential and commercial landlord since the 1970s and founder of LandlordZONE , draws on his experience to weigh up whether now is a good time to invest. Is there ever a good time to
A student lettings platform has been exposed for misleading investors while raising �470,000 in a crowdfunding pitch by boasting it would become the Uber of student rentals. Edinburgh-based Student Rents , run by father and son team Grant MacCusker a
The director of a property investment and management firm has been stung with a £15,900 rent repayment order after failing to convince a First Tier Property Tribunal that he didnt know about HMO licensing. John Campbell , the boss of Hackn
A landlord has been handed a suspended jail sentence for kicking out his tenant during a national eviction ban. Amjad Ali Khattak removed the womans possessions in December 2020 and left them on the street in the rain (pictured), which was witnessed by
A senior property figure has both welcomed this week's Government announcement that guidance is imminent on how the pets element of its looming renting reforms will work but warned several problem areas need clearing up. Timothy Douglas (main picture), who is Head of Policy and
Propertymark says Scotlands emergency legislation is alienating landlords, discouraging investment, inhibiting supply, and causing rents to rise faster. It reports that while most landlords cant evict tenants following the Cost of Living Act extension, those with tenancies
Labour's Lisa Nandy proposes a mortgage guarantee scheme to help first-time buyers and limit landlord purchases, aiming to boost homeownership.
Britains demented war on landlords has already backfired�, says Daily Telegraph columnist Matthew Lynn, and There is no sign whatsoever that the Government realises it is to blame,� he says. Furthermore Mr Lynn says that the chaos in the rental market
A void energy solution and switching service for 'end of tenancy' promises to trim pounds from landlords bills. Empty rental properties incur a range of standing charges that average between 10p and 80p per day for electricity and from 5p to 60p per day for gas, averaging out
Landlords should do their homework before voting in the local elections next week and take the chance to quiz candidates on issues affecting the PRS, advises Leaders Romans Group (LRG). It points to a number of pressing local issues which can be determined
Landlords have until 1st June to comply with the new and relatively convoluted Rented Homes Wales legislation following its introduction last December. Under the new law, standard contracts have replaced assured shorthold tenancies a
Companies selling multi-occupancy insurance will have to act in leaseholders best interests under new proposals from the Financial Conduct Authority (FCA). It is demanding new rights and protections to improve the transparency of the multi-occupancy leasehold buildings insura
Jersey has launched a consultation into sweeping reforms including rent controls and open-ended tenancies, prompting fears that they could force more private landlords to quit the sector. The islands government aims to increase protections for both tenants and landlords
A new law to crack down on predatory landlords who exploit vulnerable people for sex in return for free or discounted rent is being considered, Home Secretary Suella Braverman (main picture) has announced. Her department is seeking the views of victims, the police and charities
There are heavy fines for those landlords who fail to have their rental properties tested by a qualified electrician before letting, and for existing tenancies, or if they fail to comply with any of the important recommendations made in a test report. The landlord will ordinarily have 28 da
Tribunal judge warns landlords to include licensing update clauses in agency contracts to avoid fines for non-compliance with licensing requirements.
The number of VAT and/or PAYE enterprises operating in the UKs residential and commercial rental sectors climbed 2% in the past year, despite the governments best efforts to deter investment. Analysis of government data by debt advisory firm https://siriusfinance.
Luton Council is making yet another attempt to bring in two new licensing schemes after a string of false starts amid landlord opposition. Its overview and scrutiny board has agreed to recommend a town-wide additional scheme as well as a selective scheme in South ward, which now
Durham citys parish council has taken the unusual step of asking student landlords to make a voluntary donation towards the cost of cleaning up street waste and discarded furniture. It will ask for a contribution of �52 towards its precept from student landlords to match the
Two-thirds of private landlords might sell up if they are forced to make EPC upgrades, new research finds. The Mortgage Advice Bureau says 59% would consider selling their property due to not being able to afford the changes needed to meet the minimum level. With an
NRLA boss Ben Beadle has urged the government to learn from the awful implementation� of Renting Homes Wales which he labelled a car crash of epic proportions�. Speaking on The Guild of Property Professionalshttps://podcasters.spotify.com/pod/show/guildprop
