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LEGAL: common sense prevails in lease dispute

LEGAL: common sense prevails in lease dispute

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Lease disputes are time consuming, costly and most can be avoided when leases are well drafted in the first place. This article addresses a case where the landlord failed to ensure that the lease was properly drafted. The lease gives a tenant the right to use the property for it

EXCLUSIVE: European Court battle over Right to Rent to launch 'soon'

EXCLUSIVE: European Court battle over Right to Rent to launch 'soon'

News

A legal charity still hopes to challenge the government over its Right to Rent policy despite failing to convince European judges that it increases racial discrimination in the rental market. Under the scheme, landlords have to check the immigration status of prospective tenants

Braverman under pressure to reverse 'outrageous' HMO rules for asylum seekers

Braverman under pressure to reverse 'outrageous' HMO rules for asylum seekers

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Scores of housing groups and legal centres have called for ministers to abandon plans to remove licensing requirements for HMOs used as asylum accommodation. In anhttps://www.jcwi.org.uk/safe-homes-for-all" target="_blank" open letter t

WATCH: Is Government policy squeezing landlords out of the market?

WATCH: Is Government policy squeezing landlords out of the market?

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The number of landlords selling up has hit record levels, leading property buying firm National Residential has reported. The company says this has been prompted to a significant degree by the long-standing uncertainty within the private rented sector created by the Government

Should landlords hold onto their properties for as long as possible following the BOE's announcement that inflation fell to 8.7% in April?

Should landlords hold onto their properties for as long as possible following the BOE's announcement that inflation fell to 8.7% in April?

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Despite the fall in inflation, The Guardian is reporting https://www.theguardian.com/business/2023/may/24/uk-inflation-falls-cost-of-living-crisis" the financial markets are betting on an interest rate rises to 4.75% in June and 5.4% by the end of the year , the Office fo

Rental homes must be 'reserved for locals' in Airbnb hotspots, says Tory MP

Rental homes must be 'reserved for locals' in Airbnb hotspots, says Tory MP

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A Conservative MP has called for tenants to be offered affordable homes in tourist hot spots if they can prove theyre local. During a Commons debate on short-term holiday lets, East Devon MP Simon Jupp (pictured) suggested that councils could be allowed

WARNING: 'Periodic tenancies will 'decimate' the student rental sector'

WARNING: 'Periodic tenancies will 'decimate' the student rental sector'

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The NRLA says Government measures to abolish Assured Shorthold Tenancies (ASTs) will decimate the student housing sector if they go ahead unchanged. Featured within the Renters (Reform) Bill, this will see ASTs replaced with more flexible open-ended periodic tenancies

Commercial property industry supports a record number of UK jobs

Commercial property industry supports a record number of UK jobs

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Commercial property is an important part of the UK economy, but the retail and office sectors as still suffering and rising interest rates present a real threat. A recent https://bpf.org.uk/media/6294/cl16688-01-bpf-economic-footprint-may23-v5-hi-res-single-pages.pdf" t

BLOG: Should landlords switch on to electric vehicle charging points?

BLOG: Should landlords switch on to electric vehicle charging points?

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Electric vehicle charging expert Matthew Gibbons (main picture) explores the pros and cons of installing the different equipment at rental properties. Rented properties with EV charge points are a rare thing, so installing one makes a home more desi

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'Cut stamp duty if you want to help end housing crisis'

'Cut stamp duty if you want to help end housing crisis'

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Scotland’s landlords have urged its government to pause additional stamp duty payments in a bid to alleviate its housing emergency.

Big NE of England town latest to reign-in HMO numbers

Big NE of England town latest to reign-in HMO numbers

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Darlington looks set to be the latest council bringing in tougher rules to control the growth of small HMOs.

Minister explains why pet damage insurance 'not needed'

Minister explains why pet damage insurance 'not needed'

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Minister explains why pet damage insurance will not be mandated, and says current deposit of five weeks 'enough'.

Criminal gang jailed for running cannabis farms across UK

Criminal gang jailed for running cannabis farms across UK

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A gang of cannabis farm operators, drug dealers and people smugglers have been jailed.

Big NW town latest to clamp down on HMO growth

Big NW town latest to clamp down on HMO growth

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Wigan council says rise in number of smaller HMOs within its borders means new powers to scrutinise new applications are needed.

Flipping now 'tricky' as higher taxes and lower price rises bite

Flipping now 'tricky' as higher taxes and lower price rises bite

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The practice of property flipping to make a profit is under serious threat from both higher tax and lower house price rises.

OPINION: Awaab’s Law is coming – be warned, it has serious implications for you!

OPINION: Awaab’s Law is coming – be warned, it has serious implications for you!

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Awaab’s Law: What it means for private landlords and the future of property standards

MPs in race to pass rental reforms before recess

MPs in race to pass rental reforms before recess

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The Renters' Rights Bill now looks more likely to be passed before the summer recess.

London council hikes HMO licensing fees

London council hikes HMO licensing fees

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HMO landlords face paying out £1,570 for a licence when Camden Council renews its additional scheme in December.

Tenant's Notice to Quit

Tenant's Notice to Quit

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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

Agricultural Tenancies

Agricultural Tenancies

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Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati

How Can I Sell My Rental Property?

How Can I Sell My Rental Property?

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Landlords sometimes face a dilemma when they want to sell a rental property, or even a portfolio of their rental properties. Sometimes landlords have no choice but to sell as they are being forced to sell for financial reasons.Residential properties, unlike their commercial counterparts, always s

Assignment of a Residential Tenancy

Assignment of a Residential Tenancy

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Assignment is when an existing and ongoing tenancy is transferred from one tenant to another. The person who transfers the tenancy is the assignor� and the person who the tenancy is transferred to is the assignee�.The outgoing tenant transfers his rights and obligations under the tenanc

Basement flats are more secure than houses

Basement flats are more secure than houses

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Latest Research Suggests Basement Flats Are Safe As HousesBasement flats in West London have been found to be as secure from intruders as other types of apartments, according to research carried by Basement Flats, a newly-launched London publication.The magazine, which features news and informati

What is a Section 26 Notice

What is a Section 26 Notice

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Section 26 Notice - My Commercial (Business Tenancy) Lease Agreement is coming to an end soon and my tenant has served on me a Section 26 Notice. What is this and what should I do?Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).T

Uninhabitable Premises

Uninhabitable Premises

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Uninhabitable Premises. My tenanted property is flooded. What are my legal obligations in this situation? Am I obliged to re-house my tenant? Must my tenant continue to pay rent?Landlords are under a general obligation to supply property in tenant able condition for the tenant to i

Tenant Blacklist

Tenant Blacklist

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Question: Tenant Blacklists. I've had a very bad experience with a tenant and would like to put him on a black list so that other landlords don't have the same experience that I've had. How do I go about this?Answer: We often get asked this question.Although there have been several attempts by di

Sub-letting Leasehold

Sub-letting Leasehold

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Sub-letting leasehold - I want to rent out my leasehold flat but the managing agent says the freeholder wont allow it. I know that other flats in the block are rented out, so what can I do? Landlords usually prohibit sub-letting to safeguard the interest.Landlords usually prohibit sub-letting

Renting to a 17 year old

Renting to a 17 year old

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What are the implications of renting to a 17 year old or someone who is under the age of 18? We have an application from a 17-year old that is keen to rent but Im not sure this would be legal?</h2> Many landlords and housing providers would be concerned and therefore refuse to let to

Rent Review

Rent Review

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Question - Rent Review - my landlord is asking for far more rent than I expected on review. Am I obliged to pay this?Answer - Commercial leases are contractual - the parties agree to and are bound by its clauses and that includes rent review provisions.The rent review process is a way of periodic

Re-selling Energy

Re-selling Energy

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Re-selling Energy - As a landlord am I able to make a profit by re-selling electricity or gas?</h2>Resale of Gas and ElectricityThe maximum amount that Residential Landlords or resellers� are permitted to charge for gas or electricity is the amount they

Providing a Reference

Providing a Reference

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Providing a Reference - I have been asked to provide a reference for one of my tenants who is moving on. What is my legal position in this and am I putting myself at risk if I say he was a bad tenant?</h2> Referencing (seeking verification of a tenants past performance) is an increasi

Polystyrene Ceiling Tiles

Polystyrene Ceiling Tiles

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Polystyrene Ceiling Tiles - is it legal to have these tiles in the kitchen of a rental property?</h2> There are currently no regulations specifically banning the use of polystyrene ceiling tiles in existing rented property.However, it is unlikely that local authority fire officers and en

Misrepresentation

Misrepresentation

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Misrepresentation - We recently rented out our rural cottage to a couple. As they wanted to use their computers I said it was possible to get high-speed broad-band. I thought this would be possible but it seems it is not at this time. The couple are now claiming that I misled them and that

Mail for Previous Tenants

Mail for Previous Tenants

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I'm receiving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?</h2> It's fairly common to have mail arriving for months and even years after residents have left,

Long Term AST

Long Term AST

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Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?</h2> The Assured Shorthold Tenancy is the default tenancy for residential lettings and since October 2010 this applies to rents up to �100,000

Lodgers Limits

Lodgers Limits

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Lodgers Limits - Is there any limit to the number of rooms I can rent out to lodgers, and are there any planning implications ?</h2> There are several parts of legislation in England and Wales that affect this question. Perhaps four main ones apply: Health &amp; Safety (HHSRS), HMO, Over

How long should accounts be kept

How long should accounts be kept

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Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a

Expiry of Section 21 Notice

Expiry of Section 21 Notice

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Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?Once a Section 21 notice has been served correctly it continues indefinitely, until such time as the tenancy is ended, either

Covenant and Covenant Strength

Covenant and Covenant Strength

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Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?</h2>The term covenant can have several meanings and has biblical origins but it is of particulalry significance

10 year lease

10 year lease

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2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t

Uncollected Goods

Uncollected Goods

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Good Left in the Premises or Uncollected GoodsFrequently, tenants leave goods after their tenancy has concluded or when they have abandon the premises during a tenancy. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords.

Standing Order

Standing Order

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<h1 Standing Order</h1>What are Bankers' Standing Orders?</h3><ul <li Standing Orders allow landlords to automate the process of collecting rents</li> <li They safeguard tenants in that the landlord cannot change the payment amount, as is the case with direct debit

Section 8 Procedure

Section 8 Procedure

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The Possession Procedure - 1988 Housing ActThe possession procedure under Section 8 of the Housing Acts 1988 &amp; 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of