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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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Protestors slam 'landlord lobby' outside Gove's London home

Protestors slam 'landlord lobby' outside Gove's London home

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Rental reform campaigners have staged a protest outside Michael Gove’s official residence in central London, calling on the housing secretary to implement his promised Section 21 evictions ban.

Campaigners blame Section 21 evictions for homelessness rise

Campaigners blame Section 21 evictions for homelessness rise

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More than 84,000 households have been put at risk of homelessness due to no-fault evictions since 2019, renting campaigners have claimed.

Landlords: we’ll sell your buy-to-let properties, fast, for the best price

Landlords: we’ll sell your buy-to-let properties, fast, for the best price

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As we enter April it’s been a mixed bag for landlords, with many “nervous" landlords looking to sell amidst a growing apprehension of market conditions and general elections.

Tycoon urges ALL rental homes to be inspected regularly

Tycoon urges ALL rental homes to be inspected regularly

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A leading businessman has entered the political fray with a book in which he lays out his ideas on how to solve the housing crisis including planning and rental market reform.

HMO landlord to pay £26,000 after adding storey to house

HMO landlord to pay £26,000 after adding storey to house

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An HMO landlord who added another storey on his property to squeeze in more tenants has been ordered to pay £26,535 for breaching numerous safety rules.

More landlords turn to 'safer' HMOs as economy remains tough

More landlords turn to 'safer' HMOs as economy remains tough

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HMOs are becoming more popular among landlords as many turn to them as a ‘surer bet’ than other types of rental property in a time of economic uncertainty, it has been claimed.

Housing crisis tops voters' list of key issues to solve

Housing crisis tops voters' list of key issues to solve

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Voters say the ongoing housing crisis tops the list of key priorities that need to be addressed by the current and incoming government, according to renters in a SpareRoom poll.

Property portal: Can tech free up cash to tackle criminal landlords?

Property portal: Can tech free up cash to tackle criminal landlords?

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Property portal could cut red tape and free up funds to tackle rogue landlords by replacing expensive licensing requirements.

Half of landlords thinks pets and eviction reforms 'bad idea'

Half of landlords thinks pets and eviction reforms 'bad idea'

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New research among landlords reveals that although a majority are adopting a ‘wait and see’ approach to the Government’s looming renting reforms, it’s the changes to pets rules and evictions that are troubling them the most.

Positive thinking! Six reasons for landlords to feel optimistic about 2023

Positive thinking! Six reasons for landlords to feel optimistic about 2023

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https://www.belvoir.co.uk/?utm_source=LandlordZONE&utm_medium=article&utm_campaign=29_01" target="_blank" Belvoir , which is one of the largest High Street property management groups manages over 73,000 properties nationwide, and franchisees across the country are very awa

NEW: Asking rents continue to rise hitting �1,172 average says Rightmove

NEW: Asking rents continue to rise hitting �1,172 average says Rightmove

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Average asking rents for new tenancies outside London jumped to another record high of �1,172 a month in December - although there are now signs that the pace of growth is starting to ease. https://www.rightmove.co.uk/" target="_blank" Rightmove </s

Legal: UK Supreme Court ruling favours landlord in service charge dispute

Legal: UK Supreme Court ruling favours landlord in service charge dispute

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The case involved Sara &amp; Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd and revolved around a service charge certificate (SCC) issued by the landlord (SHAH), and the question of whether this was considered to be "conclusive" (meaning final) for the amount due. Servic

Landlords to challenge Scottish rent control extension

Landlords to challenge Scottish rent control extension

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A coalition of landlords and letting agencies are to seek a legal challenge to the Scottish Government's rent control and eviction ban legislation and its proposed extension from April. The Scottish Association of Landlords, Scottish Land and Estates, and Propertymark have together submitte

City council launches major crackdown on revenge evictions

City council launches major crackdown on revenge evictions

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Brighton &amp; Hove Council has launched a crackdown on revenge evictions as it works towards a zero-tolerance approach to rogue landlords. In a review of its PRS enforcement policy, the authority will look at measures to reduce the risk of revenge evictions by serving improveme

Adult content star reveals plan to become affordable rent landlord

Adult content star reveals plan to become affordable rent landlord

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A single mother who used to survive on charity hand-outs but who now claims to earn up to �100,000 a month from creating online adult content has announced plans to join the ranks of UK landlords. 28-year-old Rebecca Goodwin (main picture, inset), who previously struggled to su

Planners force landlord to return �42,637 in rent after 'illegal gains'

Planners force landlord to return �42,637 in rent after 'illegal gains'

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A rogue landlord who created three tiny flats in the basement of one of his properties has been ordered to pay back more than �42,000 in illegal gains. Mawan Musa , 63, of Maude Road, Camberwell, admitted breaching planning rules at two properties in the s

BREAKING: Evidence heard in final day of landmark rent-to-rent court case

BREAKING: Evidence heard in final day of landmark rent-to-rent court case

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The Supreme Court is debating a key legal case around rent-to-rent operators today to decide if the superior landlord, or any landlord in the chain, should be responsible for a rent repayment order. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img

Barclays to stop telling tenants credit card debt 'helps them pass referencing'

Barclays to stop telling tenants credit card debt 'helps them pass referencing'

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Barclays has been rapped on the knuckles for a radio advert that urged tenants to rack up credit card debt and increase their credit score to help them rent a flat. The adverts voiceover explained: Using my Barclaycard Forward credit card to pay for the stuff I need now co

Shamplina webinar reveals biggest issues vexing landlords right now

Shamplina webinar reveals biggest issues vexing landlords right now

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The most pressing questions on LandlordZONE readers minds were revealed during a recent webinar hosted by Chief Commercial Officer of the HFIS group, Paul Shamplina (main pic). He joined forces with industry figure David Coughlin

Tenancy reform could cut student housing supply

Tenancy reform could cut student housing supply

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Minister warned that tenancy reforms may reduce student housing supply, urging exemption to protect access to higher education.

BTL lender reveals unusual EPC-linked mortgage deal just for expats

BTL lender reveals unusual EPC-linked mortgage deal just for expats

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Suffolk Building Society has launched a new mortgage aimed at expat landlords with properties that boast a high EPC rating. Its five-year fixed expat buy-to-let product for properties with an Energy Performance Certificate rating of A to C is available on

NEW: Activists urge landlords and agents to stop property 'bidding wars'

NEW: Activists urge landlords and agents to stop property 'bidding wars'

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Tenants union Acorn has pledged to continue targeting letting agents in the city until they stop encouraging 'bidding wars' to help landlords achieve higher rents. Members launched a noisy protest outside a number of branches; some agents which had started talks with Acorn ab

TAX: Raise stamp duty for landlords urges leading Tory MP

TAX: Raise stamp duty for landlords urges leading Tory MP

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Leading Tory MP Anthony Browne (main pic) has urged the government to ditch stamp duty for home buyers but increase the tax rate for investors. The chair of the 1922 Backbench Treasury Committee says people buying homes to live in are over-taxed while those buying properties for

RENT RISE: Landlord pushes back against tenant's public complaint

RENT RISE: Landlord pushes back against tenant's public complaint

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A landlord has spoken out to defend a substantial rent increase after its tenant complained about his eviction to the local newspaper. Richard Symonds told https://www.sussexexpress.co.uk/" target="_blank" Sussex World tha

Opinion: dealing with the thorny issue of damp and mould

Opinion: dealing with the thorny issue of damp and mould

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Damp and mould has always been a very difficult issue to deal with for landlords, but the recent case of Awaab Ishak and the rapid and direct involvement of Government has really brought matters to a head. The death of a Rochdale social housing tenants son, Awaab Ishak, has l

NEW: Shelter says landlords 'still rejecting tenants based on race'

NEW: Shelter says landlords 'still rejecting tenants based on race'

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The boss of housing charity Shelter has repeated the organisations previous assertion that tenants seeking properties in the private rented sector (PRS) too often face racism from both landlords and letting agents. Polly Neates comments have been published by the BBC withi

MOULD: Minister vows to speed up 'Awaab's Law' as thousands sign petition

MOULD: Minister vows to speed up 'Awaab's Law' as thousands sign petition

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The government has vowed to expedite a proposed law forcing landlords to respond quickly to complaints about damp and mould. Housing minister Felicity Buchan (pictured) told MPs that proposals were being worked through, after it announced plans last week t

Birmingham proceeds with HMO licensing expansion despite opposition

Birmingham proceeds with HMO licensing expansion despite opposition

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Birmingham council has concluded its consultation into an additional licensing scheme across the city that would include 9,500 properties in all 69 wards. Following a full cabinet meeting report on the scheme's consultation which included several landlords sessions organised by

Heartless' landlord fined �175,000 over dilapidated and unlicensed HMO

Heartless' landlord fined �175,000 over dilapidated and unlicensed HMO

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A rogue landlord who let out an unlicensed HMO with no working kitchen, unusable toilets, blocked drains and rats, has been fined a whopping �175,000. Adam Ali had turned the former Anchor Hotel in Cobham Road, Westcliff-on-Sea (pictured), into an HMO whe

Former Tory housing ministers call for radical shake-up of policy

Former Tory housing ministers call for radical shake-up of policy

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Four former housing ministers have backed a Tory thinktank policy paper that urges a radical rethink of government housebuilding policies. The Centre for Policy Studies report, The Case for Housebuilding , explains how the UKs massive shortfall in homes

Big Issue founder: Ministers must help landlords to prevent evictions

Big Issue founder: Ministers must help landlords to prevent evictions

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Big Issue founder John Bird has called on the government to help landlords prevent rent rises. The magazines editor-in-chief - a crossbench peer in the House of Lords - says it needs to stop households who cannot pay their rent from being evicted, warning of a surge in homele

Scotland replaces rent freeze with rent cap

Scotland replaces rent freeze with rent cap

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Scottish government replaces controversial rent freeze with 3–6% cap from April, after landlord backlash.

NEW: Serial NW rogue landlord banned from PRS for three years

NEW: Serial NW rogue landlord banned from PRS for three years

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A serial rogue landlord has become the first in the North West region to be served with a banning order after he failed to improve poor housing conditions in his unlicensed properties. Wirral Council had previously prosecuted Frank Morrow from New Brighton

Landlords and agents seek judicial review of Scots rent controls

Landlords and agents seek judicial review of Scots rent controls

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A coalition of landlords and letting groups is seeking a judicial review of the Scottish governments rent control and eviction ban legislation.&nbsp; The Scottish Association of Landlords , Scottish Land and Estates and <strong id=