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
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
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
Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.
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
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
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
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
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
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
Guide to commercial tenancy rent-free periods and full repairing leases, explaining tenant obligations on lease expiry or termination.
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,
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
Understand how to assess tenant covenant strength and why it’s key to commercial property investment decisions.
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
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
A clear explanation of ITZA and rent review zoning — why old ITZA measurements may not always apply in new rent reviews.
Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.
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
How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a
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.
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.
The Scottish Government has launched a consultation on its plans to introduce a minimum EPC level for rented homes.
Landlords seeking to recoup money from tenants now have an alternative to a lengthy and expensive battle through the courts.
Paragon Bank’s latest financial results show that buy to let is not in terminal decline, but the industry is going through structural change
Two leading proeprty industry figures give their views on when landlords will face the new Renters' Rights Bill.
Landlords could be fined if they don’t engage with local councils who target their premises for a high street rental auction.
Brighton & Hove Council could push for an earlier crackdown on short lets in the city rather than waiting for government restrictions.
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.
Landlords moving into limited companies and HMOs have fuelled a big jump in lending.
A Cornwall MP has launched a bid to ban short-let and holiday let landlords from switching to business lets.
Scotland's parliament has finished scrutiny of its Government's plans to restrict how landlords can raise rents, and much more.
Commercial landlords are now on high alert following a recent high court ruling over insurance commissions
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’.
Rising immigration is likely to push rental demand to new heights, a banking boss has warned.
Landlords have been urged to join a legal action to challenge Leicester Council’s “unreasonably extortionate” selective licensing fees.
A leading letting agent has criticsed the progress of the Renters’ Rights Bill which left the House of Lords with few amendments.
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.
Private renters in England have saved nearly £1 billion in letting agent fees since the 2019 Tenant Fees Act, research by Generation Rent has found.
One of the UK’s leading student lettings agencies has pointed out a huge ‘crunch point’ for HMO landlords when the Renters’ Rights Bill goes live later this year.
New poll shows landlords are planning to raise rents in response to new restrictions within the looming Renters' Rights Bil.
Property lawyer Ian Narbeth takes a detailed but scathing look at Labour's looming Renters' Rights Bill and predicts there is trouble ahead.
Comments have been made after residents at a property that was illegally converted into 11 bedsit flats remain worried about its condition.
Three landlord brothers have had a whopping £22 million pay day after selling their property portfolio to an investment trust.
A leading property expert says the UK is heading for a “horrendous housing crisis” that could worsen with the advent of the Renters’ Rights Bill.
