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Legal matters: terminology, lease or licence, what's the difference?

Legal matters: terminology, lease or licence, what's the difference?

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Yes, legal terms confuse and like many specialisms, the confusion is added to by the fact that different terms often have essentially the same meaning.

Landlords told to check tenancy contracts after landmark court case

Landlords told to check tenancy contracts after landmark court case

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A judge has opened the door to higher compensation being paid by landlords if they fail to protect their tenants’ rental deposits within one of the official schemes.

Details of compulsory national Portal for landlords revealed

Details of compulsory national Portal for landlords revealed

News

More detail on what information landlords will have to provide to the looming Property Portal have been revealed by the Government.

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

News

The Government has said it supports measures that will allow landlords to either charge tenants with cats or dogs both pet insurance at the beginning of tenancies or request that they take out a policy themselves.

Majority of renters support banning Section 21 evictions and rent controls - claim

Majority of renters support banning Section 21 evictions and rent controls - claim

News

A renters’ lobbying says its polling of England’s private renters has found a majority support the changes within the looming Renters (Reform) Bill getting its second reading today in parliament.

Government U-turns on eviction and tenancy reforms

Government U-turns on eviction and tenancy reforms

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The Government has confirmed that it will not bring in its controversial ban on Section 21 evictions within the looming Renters (Reform) Bill until problems with the courts have been fixed.

Court shake-up vital in next week's Bill debate

Court shake-up vital in next week's Bill debate

News

The NRLA has urged the government to address court hold-ups while debating the Renters Reform Bill – or risk undermining work to improve the sector.

Scottish eviction law continues to hamper PRS growth

Scottish eviction law continues to hamper PRS growth

News

Investors are losing confidence in the Scottish PRS, while rent caps and increased construction costs are halting rental developments, says one property solicitor.

The importance of the "How to Rent" Guide and Section 21

The importance of the "How to Rent" Guide and Section 21

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How to Rent Guide : very important when setting up a new tenancy, or on renewal, and when serving a section 21 notice.

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London rental market now 'full of opportunity for landlords'

London rental market now 'full of opportunity for landlords'

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London’s rental sector is full of opportunity for both landlords and tenants, says Foxtons, which reports an explosion in tenancy applications.

Former letting agent turned 'fake landlord' jailed for £200k fraud

Former letting agent turned 'fake landlord' jailed for £200k fraud

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A former estate agent who posed as a landlord to con would-be tenants out of more than £200,000 has been jailed.

Big London borough to launch double landlord licensing push

Big London borough to launch double landlord licensing push

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Hackney plans to launch selective licensing in 17 of its 21 wards as well as a borough-wide additional licensing scheme.

EPCs: Landlords seeking five-year BTL loans 'could be turned down'

EPCs: Landlords seeking five-year BTL loans 'could be turned down'

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Landlords currently seeking a five-year fixed rate BTL mortgage on a property with an EPC rating below band C could be turned down before net

Council admits selective licensing will 'push up rents'

Council admits selective licensing will 'push up rents'

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Great Yarmouth council has revealed more details of its proposed selective licensing scheme for landlords.

'Give landlords back tax relief to ease housing crisis', urges Shamplina

'Give landlords back tax relief to ease housing crisis', urges Shamplina

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Landlord Action founder also says landlords have been unfairly cast as villains in recent years.

Landlords urge new Minister to delay tax hike

Landlords urge new Minister to delay tax hike

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Scottish landlords have urged their government to pause Additional Dwelling Supplement (ADS) for landlords to help ease the 'housing crisis'.

Majority of landlords in city against council's HMO licensing plans

Majority of landlords in city against council's HMO licensing plans

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Just 44% of landlords agree with Southampton Council’s plans to introduce additional licensing.

Bolton brings in harsher planning rules after HMO increase 'concerns'

Bolton brings in harsher planning rules after HMO increase 'concerns'

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Bolton Council has agreed tough new rules to control HMO conversions – two years after first coming up with the idea.

Section 21 Notices

Section 21 Notices

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Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob

Condensation, the Landlord's Curse...

Condensation, the Landlord's Curse...

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Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo

Tax Returns 'mortgage interest' relief

Tax Returns 'mortgage interest' relief

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Tax Relief: Starting from 6th April 2017, those landlords with mortgages will have tax relief on their buy-to-let mortgage costs gradually reduce over a 4-year period.Many landlords dont have a mortgage (up to 50% it is said), so this change does not affect them, but many

Debt Collection for Landlords

Debt Collection for Landlords

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Rent Arrears: At this time of year, soon after the Christmas spending spree, inevitably rent payments begin to suffer. If you are having problems with rent arrears, this article should help.As in most areas of life,prevention is better than cure . To re

What expenses can I actually claim?

What expenses can I actually claim?

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Tax Return 2016-2017: As a general rule, and as outlined in the previous articles in this series on tax returns, landlords can claim the expenses of running and maintaining their rental properties.If the rent you charge includes additional services like water, or council tax

What is an Allowable Expense?

What is an Allowable Expense?

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Tax Return 2016-17: With some costs its very easy to decide: a repair to a drain, downspout or roof tile are all allowable expenses, but what about replacing a broken single glazed window with a new plastic frame and double glazing, what about decorating and installing a

Penetrating Damp, how to deal with it

Penetrating Damp, how to deal with it

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Penetrating damp, just as its name implies, is where water leaks into a building from outside the structure, through the walls or roof. Less common is where an internal leak from a water or drain pipe leaks into the structure of the building.Common causes of penetrating damp are: <ul <l

Fire Safety in Rented Premises

Fire Safety in Rented Premises

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Fire Regulations in Rentals: There are several regulations relating to fire safety within rental dwellings; some affect all dwellings whereas others apply mainly to Houses in Multiple Occupation (HMO).This looks complicated, but fire safety management in reality boils down t

Rising Damp - how to deal with it

Rising Damp - how to deal with it

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Damp &amp; Mould: You may have seen or heard of the 1970s TV series Rising Damp, which featured a landlord and his tenants (lodgers in this case) which rather implies that all rental properties are troubled with this kind of damp.Far from the case, but some are. In fact the

How Much Should Landlords Spend on Renovating?

How Much Should Landlords Spend on Renovating?

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Renting Standards: Specialist residential property solicitor Amanda Sutcliffe of Bray &amp; Bray looks at the importance of keeping a rental property in good condition.Research conducted by Endsleigh Insurance and TrustMark claimed that over 75% of landlords s

Sub-letting fees should not be more than 40

Sub-letting fees should not be more than 40

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Sub-Letting Licenses: (SOLITAIRE) LIMITED Appellant and CHERRY LILIAN NORTON and other cases [2012]Landlords of leasehold buy-to-let flats are often asked to pay a fee (sub-letting licence or registration fee) to the freeholder when seeking permission to sub-let their flat,

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 &amp; 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.