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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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Validity of Section 21 Notice: Amak Property Investments v Laura Sonny [2016]This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had not complied with the deposit protection (MyDepo

How to do a rent review - Part 2

How to do a rent review - Part 2

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Essential guide to rent reviews: why reading the lease is crucial for landlords and tenants to navigate rent adjustments effectively.

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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Tenant Agreement: The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard

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

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No need to evict! We sell buy-to-lets in 28 days to new landlords who want to keep your 'fireproof'� tenants

No need to evict! We sell buy-to-lets in 28 days to new landlords who want to keep your 'fireproof'� tenants

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Theyve been dubbed fireproof tenants� news this week reached fever pitch for landlords who rallied together in outrage to hear that multiple local councils had advised tenants not to move out of their houses� no matter what, even if the landlord was in financial difficulty

NEW: �30 billion cost for landlords to upgrade properties to EPC minimum

NEW: �30 billion cost for landlords to upgrade properties to EPC minimum

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More than half of all homes in the private rented sector need upgrading to achieve an EPC band C by 2028, with landlords facing a total estimated bill of �30 billion at a time when many are struggling to cover their costs. About 2.9 million properties are affected, with costs f

HOT MARKET: Every property put on market receiving 20 viewing requests

HOT MARKET: Every property put on market receiving 20 viewing requests

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Rental properties in the North West are each attracting an average of 30 viewing requests as competition among prospective tenants grows more intense. Data commissioned by the BBC from Rightmove shows an average of 20 requests to view each available property in Britain, up from

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

'Disappointing' - housing chiefs slam lack of property measures in Budget

'Disappointing' - housing chiefs slam lack of property measures in Budget

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Landlords, estate agents and surveyors have all given yesterdays Budget an unqualified thumbs down after the Chancellor chose to focus on economic growth but ignore several problem threatening to engulf the housing market. All have said the budget was disappointing and a m

BUDGET: Scrapping lifetime pension fund limit 'will reduce BTL investment'

BUDGET: Scrapping lifetime pension fund limit 'will reduce BTL investment'

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Despite new research showing that one in four people plan to invest in property to generate retirement income, Chancellor Jeremy Hunt's scrapping of the 'lifetime pension fund limit' could dampen demand for BTL property, says Cornerstone Tax. The impact of inflation on savings a

'A budget that does nothing to help struggling renters', says Shelter

'A budget that does nothing to help struggling renters', says Shelter

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Shelter has slammed the Chancellor for failing to raise Local Housing Allowance (LHA) rates in his spring Budget. The homeless charity says Jeremy Hunt could have put an end to spiralling homelessness, but instead, he has stuck his head in the sand. Yet again we

Leading economics expert says 'enough is enough' for bruised landlords

Leading economics expert says 'enough is enough' for bruised landlords

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Sunday Times economics editor David Smith has expressed sympathy for private landlords who he believes feel bruised by increasing regulation in the sector. He says higher mortgage rates might be the straw that breaks the camels back for many, with some alrea

Gap between renting and home ownership cost narrows as mortgage payments rise

Gap between renting and home ownership cost narrows as mortgage payments rise

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First time buyers remain better off owning than renting an equivalent home, Lloyds Bank says, but the gap is narrowing. Its latest Owning vs Renting Review reveals that owning a first home now costs �971 a month, four percent less than renting at �1,013.

BUDGET 2023: Hunt ignores pressing needs of landlords and tenants

BUDGET 2023: Hunt ignores pressing needs of landlords and tenants

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The government failed to offer long-term support for energy efficiency improvements or increase the Local Housing Allowance in a Budget which instead focused on getting the country back to work. Chancellor Jeremy Hunt extended support for energy bills at current levels of �2,50

Landlords are rushing to sell as tax bills and refurb costs rise above rent

Landlords are rushing to sell as tax bills and refurb costs rise above rent

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Youve made the decision to sell, and beat the market drop and increased costs. But where do you turn? Estate Agents can get you a high price, but theyll take far too long. Auctions can sell super-fast, but you might be compromising on price. <figure id="" class="w-richtext-figure-t

The latest lettings legislation for landlords - The Property Cast, Total Landlord Insurance

The latest lettings legislation for landlords - The Property Cast, Total Landlord Insurance

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In this in-depth private rented sector legislation special, Eddie and Paul are joined by David Smith, head of property litigation at JMW Solicitors. The discussion kicks off with the recent landmark Rakusen v Jepsen rent repayment order case, where David represented the NRLA and which, he e

Awaab's Law 'must be extended to private rented sector', says Generation Rent

Awaab's Law 'must be extended to private rented sector', says Generation Rent

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Generation Rent is calling on the government to extend Awaabs Law to the PRS after its survey found 1,106 private rented homes in England with dangerous levels of damp and mould. A Freedom of Information request by the campaign group found that the 65 councils which reported

'Something must be done about rogue rent-to-rent operators' says industry chief

'Something must be done about rogue rent-to-rent operators' says industry chief

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Eddie Hooker, Chief Executive of insurance company the HFIS Group, has called for action to combat the murky end of the rent-to-rent market. Talking during an video interview with LandlordZONE , Hooker said action was needed to increase transparency w

Landlords warned over using unregulated solicitors to fill in eviction claim forms

Landlords warned over using unregulated solicitors to fill in eviction claim forms

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A tenancy mediator has warned landlords that they or the experts they hire - risk being jailed for contempt of court by not using a regulated solicitor to fill in possession notice claim forms. PRS Mediations Julie Ford (pictured) says that under the L

First rental eviction prompted by tighter EPC rules takes place in Midlands

First rental eviction prompted by tighter EPC rules takes place in Midlands

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An 80-year-old disabled woman is being evicted from her home after more than 60 years because her property wont pass tighter new EPC rules, a case which is believed to be the first of its kind. Thoresby Estate which owns Anne Marshs property in Edwin

BUDGET: Charities call for LHA to be raised to relieve pressure on benefits tenants

BUDGET: Charities call for LHA to be raised to relieve pressure on benefits tenants

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Increasing the Local Housing Allowance would be the quickest way for the government to improve access to affordable homes, say housing charities. According to analysis by the Institute for Fiscal Studies (IFS), in 37 local authorities, the gap between market rents for three-bedr

Property manager to pay �25,000 after failing to appeal 'horror electrics' fine

Property manager to pay �25,000 after failing to appeal 'horror electrics' fine

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The director of a property management firm has been fined more than �25,000 after dangerous electrics were discovered at an HMO in Northampton. West Northamptonshire Council issued a warrant in May 2022 after tenants raised concerns about the property in Lutterwor

NE Landlords slam councils' blanket licencing plan as 'waste of time'

NE Landlords slam councils' blanket licencing plan as 'waste of time'

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Landlords in the North East have complained that a rubber stamped selective licencing scheme is a pure waste of time� and that they are fed up being taxed in this way�. The comments concern Middlesborough councils plans to extend its licencing scheme in the ce

BUDGET: What can landlords expect from the Chancellor this week?

BUDGET: What can landlords expect from the Chancellor this week?

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Landlords will be looking for more government support to make energy efficiency improvements while hoping for some tax burden relief in the upcoming Budget. With EPC deadlines looming, many want greater incentives to back up the https://www.gov.uk/apply-boiler-upgrade-s

BREAKING: Government to issue new 'How to Rent' guide on Friday

BREAKING: Government to issue new 'How to Rent' guide on Friday

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A new How to Rent guide will come out on Friday (17th March) which landlords in England must serve at the start of any new tenancy or renewal. The new guide forms part of the prescribed information landlords must issue, and if they dont

VOTE: Scots rent rises to be capped at 3% until October, MSPs agree

VOTE: Scots rent rises to be capped at 3% until October, MSPs agree

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Scottish MSPs have voted through a rent cap and extension of the eviction ban until 30th September. The rent cap for private sector tenancies will increase to 3% from 1st April under the amendment to the https://www.gov.scot/publications/cost-living-ten

NEW: Worcester latest to propose city-wide HMO licencing scheme

NEW: Worcester latest to propose city-wide HMO licencing scheme

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All HMO landlords in Worcester will soon have to buy a licence if councillors back a new additional licensing scheme. The city has operated an additional scheme since September 2015 but amended it in 2020 to cover only the wards of Arboretum, Bedwardine, Cathedral and St Clement

Landlords LEFT OUT of new 'forbearance' guidance for mortgage holders

Landlords LEFT OUT of new 'forbearance' guidance for mortgage holders

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Landlords have been left out of measures announced today designed to support mortgage holders during the cost of living crisis. The guidance, which has been issued by the Financial Conduct Authority (FCA) updating borrowers responsibilities to their existing mortgage holders,

FIRST rent repayment order against landlord issued following landmark case

FIRST rent repayment order against landlord issued following landmark case

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A landlord who tried to claim that he was the superior landlord of an unlicensed HMO has failed in his bid to avoid paying a Rent Repayment Order. In the first RRO case since the landmark�

'Zero-rate VAT for property upgrades if you want to hit EPC targets' say big landlords

'Zero-rate VAT for property upgrades if you want to hit EPC targets' say big landlords

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The British Property Federation (BPF) has called on the government to zero rate VAT on building repair and maintenance to incentivise essential upgrades across the residential sector or risk missing its 2050 net zero target. In the run-up to next weeks Budget, it says the

Politician warns big landlord fines by councils 'can be seen as hypocritical'

Politician warns big landlord fines by councils 'can be seen as hypocritical'

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A Suffolk councillor has spoken out against targeting private landlords with tougher regulations when authorities face similar problems with their own housing stock. Both Babergh and Mid Suffolk councils have agreed that civil penalties of up to �30,000 should be used to deter

NRLA chief Ben Beadle cleared of misleading MPs on rent supply

NRLA chief Ben Beadle cleared of misleading MPs on rent supply

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NRLA boss Ben Beadle clears his name, confirming he did not mislead MPs about private rental supply shortages.

A year in review for agents: The PRS annual report 2022

A year in review for agents: The PRS annual report 2022

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The Property Redress Scheme annual report 2022 has just been released and reflects on