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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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City claims aggressive licencing scheme has cost landlords £250,000

City claims aggressive licencing scheme has cost landlords £250,000

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Sheffield Council has boasted that up to 800 people have been protected from risky buildings thanks to its selective licensing scheme after landlords were told to spend £250,000 doing up properties.

Leading education thinktank slams Government's rental reforms

Leading education thinktank slams Government's rental reforms

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The Renters (Reform) Bill will reduce rather than enhance housing rights for students, according to the former CEO of student housing charity Unipol.

Big council to spend £19m finding benefit tenants private rental homes

Big council to spend £19m finding benefit tenants private rental homes

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Liverpool Council aims to source 400 private sector properties in a bid to house growing numbers of homeless people in the city.

Some renters' terrible behaviour revealed by new tenancy breach research

Some renters' terrible behaviour revealed by new tenancy breach research

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The key tenancy breaches by tenants reported by landlords have been revealed with non-payment of rent, dirty homes and failing to report repairs and maintenance issues as the most common.

Landlord reveals 20-year slog to a £6m rental portfolio

Landlord reveals 20-year slog to a £6m rental portfolio

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An ambitious landlord who bought his first property aged 18 now has an impressive property portfolio worth £6 million 20 years later.

Agents report unusually quiet rental property market

Agents report unusually quiet rental property market

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Fewer would-be tenants registered with letting agents in December, while rental stock levels also dipped during the typically quieter seasonal period.

BBC probes complaint against infamous Scots landlord

BBC probes complaint against infamous Scots landlord

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A tenant has told of how a man – who he believes is landlord and controversial businessman Mark Fortune – threatened him over a rent row.

'Scrap extra Stamp Duty for landlords to solve rental crisis'

'Scrap extra Stamp Duty for landlords to solve rental crisis'

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The Chancellor has been urged to scrap the extra Stamp Duty paid by landlords when buying properties after new research shows the extra activity within the PRS - if it was scrapped - would generate an extra £10 billion in tax revenue for the Government.

Airbnb warns landlords over new HMRC reporting rules

Airbnb warns landlords over new HMRC reporting rules

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The tax net is closing in on property owners who use short-let platforms to earn rental income from their portfolios but not pay tax on it, Airbnb has warned.

BREAKING: Government considers harsher penalties for 'sex for rent' landlords

BREAKING: Government considers harsher penalties for 'sex for rent' landlords

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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

Mandatory five-year electrical checks are required

Mandatory five-year electrical checks are required

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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

Judge says landlords need licence clause in contracts

Judge says landlords need licence clause in contracts

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Tribunal judge warns landlords to include licensing update clauses in agency contracts to avoid fines for non-compliance with licensing requirements.

More landlords moving to limited companies as list tops 60,000

More landlords moving to limited companies as list tops 60,000

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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.

Council tries AGAIN to start UK's most controversial licencing scheme

Council tries AGAIN to start UK's most controversial licencing scheme

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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

Council makes extraordinary request asking landlords to pay for student mess

Council makes extraordinary request asking landlords to pay for student mess

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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

Will you? Two thirds of landlords to sell up if forced to upgrade EPCs

Will you? Two thirds of landlords to sell up if forced to upgrade EPCs

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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 urges English Ministers to learn from 'car crash' renting reforms in Wales

NRLA urges English Ministers to learn from 'car crash' renting reforms in Wales

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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

MAYOR: 'Landlords taking billions in rent for non-decent homes funded by benefits'

MAYOR: 'Landlords taking billions in rent for non-decent homes funded by benefits'

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The Mayor of London has accused private landlords across the UK of taking rent worth �9 billion for homes that are non decent, �1.6 billion of which is paid for via housing benefit. The figure is highlighted as, this morning, Sadiq Khan reveals his PRS research generated

HMO exemption for asylum seekers could impact accommodation

HMO exemption for asylum seekers could impact accommodation

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Legal expert warns that exempting asylum seeker HMOs from licensing could lower accommodation standards and encourage subpar housing provisions.

Gove holds PRS roundtable as rental reforms loom

Gove holds PRS roundtable as rental reforms loom

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Housing Secretary Michael Gove meets with private rented sector leaders to discuss upcoming reforms, including the Renters Reform Bill.

'Reinstate mortgage interest tax relief for landlords', report urges Ministers

'Reinstate mortgage interest tax relief for landlords', report urges Ministers

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Landlords and letting agents have told a new poll that the Government must reverse its Section 24 mortgage interest relief tax changes as a priority to get the private rental sector back on track. Rent tech platform Goodlord conducted the research among some 1,500 agents,

Artificial Intelligence and the landlord’s lot…

Artificial Intelligence and the landlord’s lot…

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Talk of AI is all the rage right now, but have you thought about how you could use this revolutionary new development? ChatGPT is what is known as a natural language processing tool� driven by artificial intelligence (AI) technology that allows human-like conversations. Thi

Landlords slam Minister’s ‘appalling’ stance on LHA freeze

Landlords slam Minister’s ‘appalling’ stance on LHA freeze

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Landlords criticise Minister Mims Davies for lacking data on LHA freeze impact; NRLA urges urgent action to address housing affordability gap.

Leasehold reform 'will not be in King's speech' says former housing minister

Leasehold reform 'will not be in King's speech' says former housing minister

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Former housing minister Lord Greenhalgh has expressed doubts that leasehold reforms will be included in the Kings Speech this autumn. In an interview with Leasehold Knowledge, he said that despite being very complex legislation, the background work had been don

Edinburgh chief admits 'burdensome' licencing will hugely reduce holiday lets

Edinburgh chief admits 'burdensome' licencing will hugely reduce holiday lets

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Edinburgh council boss Cammy Day (main pic, right) has admitted that introducing licensing and new planning application rules will result in fewer holiday properties. Speaking to Australian news channel SBS, Day explai

Court fines unlucky but rogue landlord �12,000 over unlicensed HMO

Court fines unlucky but rogue landlord �12,000 over unlicensed HMO

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A landlord in Buckinghamshire is the latest to receive a large fine for operating an unlicenced HMO. Ahmad Kamal Younus, who owns a rental property on Ellsworth Road in High Wycombe, was recently found guilty of five offices Wycombe Magistrate Court by District Judge Sharma, inc

Meet the hero landlord who hasn't raised rents for 25 years

Meet the hero landlord who hasn't raised rents for 25 years

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A good Samaritan landlord is bucking the national trend by not raising his rents for more than 25 years. Mick Musson, who owns eight flats at the former Blue Horse Pub (inset), in Great Ponton, Lincolnshire, hasnt increased the rent since he took over the property, and now co

LAUNCH: Novel system that eliminates damp and mould in rented properties

LAUNCH: Novel system that eliminates damp and mould in rented properties

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A new 'mechanical ventilation with heat recovery' (MVHR) system aims to provide the solution to landlords damp and mould problems. Ebacs self-managing, hands-off eco-system is designed to be installed in a loft opening and works to continually extract polluted, humi

Government admits PRS is in trouble as supply dwindles

Government admits PRS is in trouble as supply dwindles

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Government acknowledges private rental sector shortage, pledges action to boost housing supply amid growing demand and affordability concerns.

Legal: Commercial landlord regains possession against opposition...

Legal: Commercial landlord regains possession against opposition...

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In the case of B&M Retail Ltd v HSBC Bank Pension Trust (UK) Ltd [2023], The Central London County Court was asked to rule on a claim for possession by the landlord under the rules of the Landlord and Tenant Act 1954. The landlord was seeking possession against the tenant

Crunch time for PRS revealed as increasing numbers of 'pioneer' landlords retire

Crunch time for PRS revealed as increasing numbers of 'pioneer' landlords retire

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Thousands of landlords who entered the private rented sector following the introduction of dedicated buy-to-let mortgages in 1996 are now retiring in increasing numbers, it has been revealed. Research by estate agency Hamptons reveals that some 140,000 landlords retired in 2022,

Landlord mortgage costs rising faster than rent rises, research shows

Landlord mortgage costs rising faster than rent rises, research shows

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Barrows and Forrester reports UK landlords' mortgage costs rose 20–45% since 2021, outpacing rent increases, squeezing rental yields.

Consultation reveals majority of residents oppose wider selective licencing

Consultation reveals majority of residents oppose wider selective licencing

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Plans to bring in a vast new selective licencing scheme within Brent have been given a resounding thumbs down from both landlords and, surprisingly, the London boroughs residents too. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https:

AIRBNB: Tory 'free marketeers' attack Gove over short-lets clamp-down

AIRBNB: Tory 'free marketeers' attack Gove over short-lets clamp-down

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Michael Goves plans announced yesterday to require owners of holiday lets in tourist hotspots to get planning permission for their properties has not gone down well in some quarters of the Conservative party. The https://www.landlordzone.co.uk/news/breaking-governmen