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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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New service charges rules in commercial property

New service charges rules in commercial property

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Commercial: A new set of mandatory rules introduced from 1stApril 2019 and though the document itself is titled a first edition, itsupersedes 3 previous editions published as codes of practice. The RICS (Royal Institution of Ch

Security & Locks - Buy to Let Renovation & HMO Projects

Security & Locks - Buy to Let Renovation & HMO Projects

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Security: Renovating a buy-to-let property can be a great way for landlords to increase the rental income

My tenant left without telling me...

My tenant left without telling me...

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Abandonment: When times get hard the instances of tenants leaving without notice are known to increase. Doing a runner�, skipping� moonlight flitting� walking away� or gone away� and in the words of the immortal song;

What happens if someone other than the tenant pays the deposit?

What happens if someone other than the tenant pays the deposit?

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Tenancy Deposits: According to TDS (Tenancy Deposit Scheme) less than 1% (0.85%) of tenancies they handle have resulted in a deposit dispute in the year to March 2018, nevertheless its important to get it right when dealing with tenants' deposits.Cleaning was the most com

The Condensation Conundrum

The Condensation Conundrum

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Viewpoint by Tom Entwistle As winter approaches outside temperatures drop and the perennial landlords problem of winter condensation and black mould rear their ugly heads again.The question is, how do you know if this is caused by the building or the tenant, or is it a co

Tax on income from lodgers and short stay tenants

Tax on income from lodgers and short stay tenants

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Landlords' Tax: Internet sites, such as AirBnB, have increased the number of landlords letting to lodgers and to guests on short stays. There are specific tax benefits to this type of letting business which are expanded upon below.Furnished holiday letting</st

Section 21 Notices - for older tenancies in England

Section 21 Notices - for older tenancies in England

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Section 21: Most tenancies will never require the service of a Section 21, Housing Act 1988, (eviction) notice. However, on those occasions when it does become necessary, and you just never know, landlords (and agents) will thank their lucky starts they complied with the rul

Asbestos and Your Responsibilities as a Landlord

Asbestos and Your Responsibilities as a Landlord

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Asbestos:Asbestos regulations were last updated in 2012 , bringing the UK in line with EU regulations, which means the current regulations have been in place long enough for most

The importance of a Tenancy Application Form

The importance of a Tenancy Application Form

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The Application Form You should always use a comprehensive Tenancy Application Form when taking on a new tenant. You need a completed application for each adult tenant in the property.The Tenancy application form is a very important starting point for any residential or comm

London politician calls for action against rogue landlords

London politician calls for action against rogue landlords

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Comments have been made after residents at a property that was illegally converted into 11 bedsit flats remain worried about its condition.

Landlord trio sell portfolio for £22m citing 'complex renting environment'

Landlord trio sell portfolio for £22m citing 'complex renting environment'

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Three landlord brothers have had a whopping £22 million pay day after selling their property portfolio to an investment trust.

EXPERT: Renting reforms will make 'horrendous housing crisis' worse

EXPERT: Renting reforms will make 'horrendous housing crisis' worse

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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.

Social housing in crisis as tenants’ complaints go through the roof

Social housing in crisis as tenants’ complaints go through the roof

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New report from the Housing Ombudsman shows complaints about substandard living conditions in social housing in England are five times higher than they were five years ago

Midlands council to stop landlords evicting tenants via new scheme

Midlands council to stop landlords evicting tenants via new scheme

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Wolverhampton Council has launched a mediation service for private landlords and tenants to help prevent evictions.

HMOs 'a real real problem' and need restricting says Reform

HMOs 'a real real problem' and need restricting says Reform

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HMOs in Southend face a crackdown as the council considers proposals to limit landlords’ future applications.

Latest EPC shake-up to be 'good for flats, bad for houses'

Latest EPC shake-up to be 'good for flats, bad for houses'

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Upcoming changes to EPCs next month could end up costing landlords more and see properties downgraded if they don’t have energy upgrade documents, it has been claimed.

OPINION: Landlords and agents had a chance to avoid licensing, and blew it

OPINION: Landlords and agents had a chance to avoid licensing, and blew it

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It is not unusual to hearletting agents and their landlord clients complaining that operating within theprivate rented sector is has become increasingly tangled with red tape.

WARNING: Money lost to 'investment scams' rises to £144 million

WARNING: Money lost to 'investment scams' rises to £144 million

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The public has been warned to be vigilant following a new report that shows the number of people relieved of their savings by ‘investment scams’ has increased by value for the first time since 2021, reaching £144 million.

'Blue-rinse' seaside resort seeks to restrict number of HMOs

'Blue-rinse' seaside resort seeks to restrict number of HMOs

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The borough council’s planning committee will vote on whether to introduce an Article 4 direction next week.

Council secures criminal conviction for landlord over unlicensed HMO

Council secures criminal conviction for landlord over unlicensed HMO

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A West Sussex landlord has been prevented from letting out HMOs after he admitted operating an unlicensed property.

Landlords WILL be allowed to raise rents to pay for EPC upgrades

Landlords WILL be allowed to raise rents to pay for EPC upgrades

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Despite Energy Secretary Ed Miliband’s insistence that rents hadn’t increased when standards were raised during previous initiatives, Justice Minister Sarah Sackman has now said there are grounds for “higher market rents”.

Landlord £10,000 out of pocket as DWP rules complicated payments

Landlord £10,000 out of pocket as DWP rules complicated payments

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A tenant has built up more than £10,000 in rent arrears after the Department of Work and Pensions (DWP) refused to accept her landlord’s word that the rent had increased.

Number of planning permissions for HMOs declines across UK

Number of planning permissions for HMOs declines across UK

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Report from digital planning portal suggests public fight-back against HMOs and higher taxes for landlords are beginning to bite.

US activist urges British tenants to withhold rents and resist 'despotic landlords'

US activist urges British tenants to withhold rents and resist 'despotic landlords'

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Radical renting campaigners have written a new book that aims to inspire the end of UK landlords’ “despotic control” over tenants.

Famous seaside town plans enlarged £784 landlord licensing scheme

Famous seaside town plans enlarged £784 landlord licensing scheme

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The Norfolk seaside town of Great Yarmouth has revealed plans to introduce a five-year selective licensing scheme for rented properties in three key wards.

Landlord jailed after stealing from lettings agency

Landlord jailed after stealing from lettings agency

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A landlord who worked as an estate agent assistant has been jailed for stealing more than £167,000 from her employer, it has been reported.

Bailiffs urge frustrated landlords to take eviction survey

Bailiffs urge frustrated landlords to take eviction survey

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Landlords have been urged to share their experiences of being hit by County Court delays when evicting tenants.

Big land owners say leasehold reform 'incompatible with their human rights'

Big land owners say leasehold reform 'incompatible with their human rights'

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Leaseholders have failed in their attempt to stop freeholders from challenging the Leasehold and Freehold Reform Act.

Landlords welcome report critical of Welsh regulator

Landlords welcome report critical of Welsh regulator

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A critical report on the performance of Welsh landlord and agent regulator Rent Smart Wales has been welcomed after it highlighted both uneven enforcement levels and its ‘abrasive’ communication style.

Why are landlords failing to invest in buy-to-let?

Why are landlords failing to invest in buy-to-let?

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Why aren’t buy-to-let landlords growing their portfolios when rent demand is through the roof, and while build-to-rent investors are so optimistic?

Campaigners and student landlords cross swords over rent reforms

Campaigners and student landlords cross swords over rent reforms

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Tenants' campaigning group Generation Rent has slammed the NRLA for pushing the government to include one and two-person student shares in the new possession ground under the Renters’ Rights Bill.

Raising EPC upgrade cost cap for landlords 'inappropriate'

Raising EPC upgrade cost cap for landlords 'inappropriate'

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Estate agents have urged the government to reduce its proposed £15,000 cost cap for landlords to make EPC upgrades to £5,000.

Industry boss slams Labour's EPC reform plans

Industry boss slams Labour's EPC reform plans

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A retrofit firm boss has warned that ill thought-out EPC reforms risk misclassifying millions of homes, misdirecting public funds and delaying action on cold, inefficient homes.

Big Midlands town gives green light to selective licensing

Big Midlands town gives green light to selective licensing

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Mansfield is the latest major district council to give the green light to selective licensing within its borders following a consultation last year.