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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

Information

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

News

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

Information

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

Information

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

Information

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

Information

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

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BREAKING: Scottish landlords warn of severe problems if 'rent freeze' goes ahead

BREAKING: Scottish landlords warn of severe problems if 'rent freeze' goes ahead

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News
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John Blackwood , (pictured) Chief Executive of the Scottish Association of Landlords (https://scottishlandlords.com/" target="_blank" SAL ), has warned of dire repercussions for the private rented sector is his country's Governm

Scotland introduces national rent freeze with eviction ban

Scotland introduces national rent freeze with eviction ban

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News
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Sturgeon announces national rent freeze & eviction ban in Scotland emergency legislation—set to run until end‑March (tenant protection). Sour

OFFICIAL: 'No concession for student landlords under tenancy reform plans'

OFFICIAL: 'No concession for student landlords under tenancy reform plans'

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News
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The https://www.gov.uk/government/organisations/department-for-levelling-up-housing-and-communities" Department for Levelling Up, Housing & Communities (DLUHC) has dismissed concerns from HMO student landlords that its plans to bring in periodic tenancies will damage

Why is it so difficult to find good tradespeople to repair and maintain properties?

Why is it so difficult to find good tradespeople to repair and maintain properties?

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News
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Opinion
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One of the main tasks you have as a landlord is finding quality tradespeople to repair and maintain your rental properties. Whether its a big landscaping project, or a small leak its important to hire people who know what theyre doing.  Unfortunately for many landl

Landlords with leasehold properties in line for Ground Rent rip-off refunds

Landlords with leasehold properties in line for Ground Rent rip-off refunds

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News
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More than 5,000 leaseholders including landlords could get refunds on their ground rent after the Competition and Markets Authority (CMA) secured assurances from nine firms that bought freeholds from housing developer Taylor Wimpey. Those leaseholders who paid a doubled

EXPERT: Number of councils seeking to stop HMO conversions is on the rise

EXPERT: Number of councils seeking to stop HMO conversions is on the rise

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News
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More councils are set to introduce Article 4 directions in a bid to clamp down on HMO development, with six currently waiting for approval. There are already about 45 local authorities in England partly or entirely affected by Article 4 which means planning permission is nee

Unintended consequences of plans to ban Section 21 evictions 'already happening'

Unintended consequences of plans to ban Section 21 evictions 'already happening'

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News
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A new landlord survey has revealed the effects of the Government's proposals to ban Section 21 evictions already feeding into the private rented sector. Evictions specialist Landlord Action canvassed some 1,500 landlords and found that 26% of those who had evicted a tenant over

Speculation grows that Rees-Mogg will be Housing Secretary if Liz Truss wins

Speculation grows that Rees-Mogg will be Housing Secretary if Liz Truss wins

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News
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Its known as silly season when the media focuses on light-hearted stories, but news that Jacob Rees-Mogg (pictured) is being mooted as the new Levelling Up Secretary has been seen by some as no laughing matter. As the leadership contest draws to a close, preparations fo

Making tax digital as a landlord: What you need to know

Making tax digital as a landlord: What you need to know

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News
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Opinion
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Making tax digital (MTD) for income tax is part of the governments long-term strategy to digitalise tax and will have implications for how landlords pay tax on their income. For those used to self-assessment, it will represent a change, but providing digital records will give businesses

Weaker tenant demand cools off rental market, says Zoopla

Weaker tenant demand cools off rental market, says Zoopla

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News
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Weaker demand and growing affordability pressures have pushed rental growth to a four-year low.

'Fixed term contracts will soon be illegal - are you ready?'

'Fixed term contracts will soon be illegal - are you ready?'

Opinion
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Landlords are facing one of the private rented sector biggest changes in years when it ends fixed-term tenancy agreements.

Rogue estate agents pay heavy price for ignoring redress scheme

Rogue estate agents pay heavy price for ignoring redress scheme

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News
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Nearly 50 estate agencies were expelled from the Property Redress scheme during a six month period last year, the organisation has revealed

Law Commission rules out major change to security of tenure rules for commercial leases

Law Commission rules out major change to security of tenure rules for commercial leases

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News
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The Law Commission has published an interim report on its initial conclusions about security of tenure for business leases

Why can't all licensing schemes cost just £230 - this NW one does

Why can't all licensing schemes cost just £230 - this NW one does

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News
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Landlords in Wirral might not welcome yet another selective licensing scheme, but a reduced £fee will make it one of the cheapest in UK.

Landlord banned by Tribunal after 'outrageous' safety failings

Landlord banned by Tribunal after 'outrageous' safety failings

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News
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A landlord in Aberdeen has been banned for failing to repair dangerous electrics in his rental property.

BIG SHIFT: Many young landlords 'don't own their own homes'

BIG SHIFT: Many young landlords 'don't own their own homes'

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News
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Growing numbers of young people in the UK now prefer to invest in rental properties than buy their own home, an estate agency has claimed.

Third of UK adults say BTL 'safest' way to build long-term wealth

Third of UK adults say BTL 'safest' way to build long-term wealth

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News
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Despite the sometimes hostile environment endured by current landlords, a third of UK adults aspire to invest in buy-to-let to build their long-term prosperity.

New independent report tracks BTR's huge growth

New independent report tracks BTR's huge growth

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News
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The first independent report into the build-to-rent (BTR) sector has tracked huge growth in urban areas and city centres where it’s taking up the slack from traditional landlords.

Scotland consults on minimum EPC band C for rented homes

Scotland consults on minimum EPC band C for rented homes

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News
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The Scottish Government has launched a consultation on its plans to introduce a minimum EPC level for rented homes.

TV show seeks landlords happy to settle tenant disputes on camera

TV show seeks landlords happy to settle tenant disputes on camera

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News
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Landlords seeking to recoup money from tenants now have an alternative to a lengthy and expensive battle through the courts.

Paragon mortgage approvals defy the decline of buy to let

Paragon mortgage approvals defy the decline of buy to let

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News
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Paragon Bank’s latest financial results show that buy to let is not in terminal decline, but the industry is going through structural change

When will the Renters' Rights Bill go live? Experts reveal all

When will the Renters' Rights Bill go live? Experts reveal all

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News
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Two leading proeprty industry figures give their views on when landlords will face the new Renters' Rights Bill.

REVEALED: Fines for landlords who resist empty shops scheme

REVEALED: Fines for landlords who resist empty shops scheme

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News
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Landlords could be fined if they don’t engage with local councils who target their premises for a high street rental auction.

Brighton expected to push ahead with 'Airbnb' restrictions

Brighton expected to push ahead with 'Airbnb' restrictions

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News
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Brighton & Hove Council could push for an earlier crackdown on short lets in the city rather than waiting for government restrictions.

Margaret Thatcher's favourite council reveals start date for landlord licensing

Margaret Thatcher's favourite council reveals start date for landlord licensing

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News
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One of London’s most high-profile councils has revealed the start date for its new selective and additional licensing schemes as it bids to clamp down on rogue landlords and improve rental properties.

Landlord exodus to limited companies drives up BTL lending

Landlord exodus to limited companies drives up BTL lending

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News
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Landlords moving into limited companies and HMOs have fuelled a big jump in lending.

MP to stop holiday let owners dodging council tax via Bill

MP to stop holiday let owners dodging council tax via Bill

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News
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A Cornwall MP has launched a bid to ban short-let and holiday let landlords from switching to business lets.

Scotland moves closer to inflation-linked rent controls in 'hotspots'

Scotland moves closer to inflation-linked rent controls in 'hotspots'

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News
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Scotland's parliament has finished scrutiny of its Government's plans to restrict how landlords can raise rents, and much more.

Commercial tenants may reclaim millions after landmark ruling

Commercial tenants may reclaim millions after landmark ruling

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News
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Commercial landlords are now on high alert following a recent high court ruling over insurance commissions

Timetable for landlords to upgrade rental homes to minimum EPC band 'unachievable'

Timetable for landlords to upgrade rental homes to minimum EPC band 'unachievable'

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News
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The UK’s largest landlord association has called out the Government’s plans to make rental properties reach a minimum EPC ‘C’ band by 2028 as ‘unachievable’.

'Immigration and too few landlords real reason for high rents'

'Immigration and too few landlords real reason for high rents'

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News
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Rising immigration is likely to push rental demand to new heights, a banking boss has warned.

40 landlords join agent's fight-back against 'extortionate' licensing fees

40 landlords join agent's fight-back against 'extortionate' licensing fees

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Landlords have been urged to join a legal action to challenge Leicester Council’s “unreasonably extortionate” selective licensing fees.

Senior letting agent slates 'too few' amendments to Renters' Rights Bill

Senior letting agent slates 'too few' amendments to Renters' Rights Bill

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A leading letting agent has criticsed the progress of the Renters’ Rights Bill which left the House of Lords with few amendments.

Beware using WhatsApp to discuss rental contracts, warns lawyer

Beware using WhatsApp to discuss rental contracts, warns lawyer

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A property lawyer has warned that landlords might fail to realise their tenant has given notice after a court ruled that a WhatsApp exchange was sufficient to create a contract.