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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

News

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

Information

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

Information

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

Information

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

Information

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

Information

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

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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According to research from the NLA, 4 in 10 landlords are either seriously considering forming a limited company or looking into the option in the coming months.Can you - and more importantly should you - set up a company to pay less tax? Heres my complete guide on becoming incorporated.<stron

What heating system for Rental Property?

What heating system for Rental Property?

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What heating system should you use in your rental property? Is there a heating system that could solve landlords condensation claims problems?Its one of the most important questions to ask when letting a property for the first time. Whatever system you choose carries implications for the ef

Warnings about Gumtree advertised letting scams

Warnings about Gumtree advertised letting scams

News

The Residential Landlords Association (RLA) and the National Landlords Association (NLA) have called on the classified online listings service Gumtree to issue clear guidance over possible scams involving bogus letting scams.The warning has been issued to Gumtree by the NLA and the RLA after f

Dispute Resolution Procedure at Rent Review

Dispute Resolution Procedure at Rent Review

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At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to inv

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Legal appeal aims to protect landlords' postal rights

Legal appeal aims to protect landlords' postal rights

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News
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The NRLA has stepped in to help fight a legal battle over whether it is acceptable for vital rental documents to be served by post.

COMMENT: Aiming for net zero makes good business sense

COMMENT: Aiming for net zero makes good business sense

Opinion
News
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Opinion
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Increasing the energy efficiency of a property is undoubtedly of value - regardless of the election outcome.

Logbooks should be made compulsory for landlords, claims expert

Logbooks should be made compulsory for landlords, claims expert

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News
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Landlords could have to start keeping a digital logbook to demonstrate their compliance with energy efficiency measures.

Greens vow to power up plans for warmer rental homes

Greens vow to power up plans for warmer rental homes

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News
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Green MPs will push for rent controls and tenants’ right to demand energy efficiency improvements if they win more seats in the election.

PRS should be cut dramatically, campaigners tell Martin Lewis

PRS should be cut dramatically, campaigners tell Martin Lewis

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News
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Property expert Julie Ford has called out tenant union Acorn for suggesting the private rented sector should be greatly reduced.

Utilita Homes boss urges more retrofit help for landlords

Utilita Homes boss urges more retrofit help for landlords

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Utilita Homes urges parties to include retrofit support for landlords in their election manifestos.

Landlords promised cash incentive under new Tory government

Landlords promised cash incentive under new Tory government

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News
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Groups representing both tenants and landlords have reacted coolly to the Conservative manifesto which was deemed short on new initiatives.

Purpose-built rentals pushed as housing shortage solution

Purpose-built rentals pushed as housing shortage solution

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News
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The British Property Federation has called on the next government to set a bold target of 30,000 new build-to-rent homes a year.

Rent increases slowing, but tenant demand is still outpacing supply

Rent increases slowing, but tenant demand is still outpacing supply

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News
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The latest data shows that rent increases have been slowing but tenant demand still outstrips supply

Flooding '� both a landlord's and a tenant's nightmare...

Flooding '� both a landlord's and a tenant's nightmare...

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News
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Storms &amp; Floods : Given the severityof the bad weather and floods in some areas of the country recently,the past weeks have been an extremely anxious time for some tenantsand landlords. Unfortunately itappears that these worries are not goi

Possession Claims Online

Possession Claims Online

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Section 21 : Not every landlordor agent would consider handling a possession claim themselves, butthe good news is, it can be done the system is designed for LIGs litigants in person. Everyone has theright to speak for themselves in co

Renewing a Business Lease

Renewing a Business Lease

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Commercial Property :A commercial lease is based on contract law and a contractual agreement between landlord and tenant. The rules laid down are those as agreed in the lease agreement and are largely unencumbered by statutory rules, unlike the case with a residential tenanc

Short-Term letting, not without its problems'�

Short-Term letting, not without its problems'�

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Holiday Lets : With the changes tothe tax rules many buy-to-let landlords are thinking of creative waysto overcome the loss of income. Their inability to claim tax reliefon their mortgage interest and the removal of their wear and tearallowance has made a

Landlord and Tenant Act 1954 (Part II)

Landlord and Tenant Act 1954 (Part II)

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The Landlord &amp; Tenant Act 1954 Part II deals with the leasing of Commercial (Business) Premises in England &amp; Wales.Commercial (Business Tenancies) Landlord and Tenant Act 1954, Part II The Landlord and Tenant Act 1954 (the Act) is an important piece of legislation in

Would you like to be on Channel 5's Nightmare Tenants Slum Landlords programme?

Would you like to be on Channel 5's Nightmare Tenants Slum Landlords programme?

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News
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Its producers are looking for landlords who need help with a nightmare tenant or letting agent and are happy to feature in the show. Are you one of the millions of landlords who tune in to watch Channel 5s regular Nightmare Tenants Slum L

LATEST: Abolishing Section 21 notices will take at least until late 2021 to become law

LATEST: Abolishing Section 21 notices will take at least until late 2021 to become law

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LandlordZONE understands that the huge task of sifting through 1,000's responses to the governments consultation on evictions reform, and the likely long process of getting the law through Parliament, will take at least 18 months. Landlo

Property expert David Lawrenson looks back on the 2010s...

Property expert David Lawrenson looks back on the 2010s...

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Private Rented Sector Consultant a private rented sector consultant at letting focus and tenants renting guide David Lawrenson

Birmingham introduces city-wide HMO restrictions

Birmingham introduces city-wide HMO restrictions

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News
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Article 4 direction : Birmingham CityCouncil is introducing a city-wide direction for houses in multipleoccupation (HMOs) from 8 June 2020. An Article 4planning direction means that planning approval will be required forthe conversion of a famil

Capital gains 'Letting Relief'� rule change from April...

Capital gains 'Letting Relief'� rule change from April...

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News
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Opinion
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Capital Gains Tax: Owners of second homes and buy-to-lets that they have previously lived in should be aware that as from April 2020 the tax relief period allowed against capital against tax (CGT) will be reduced. As it is a present,when you se

Terminating a Letting Agent's Contract

Terminating a Letting Agent's Contract

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Letting Agent Contracts: One common question asked by landlords is, "how do I terminate my relationship with my letting agent?"For one reason or another, landlords sometimes wish to end their relationship with their letting agent and want to know how to go about it.Requests

Labour plans would challenge buy-to-let investors and second-home owners...

Labour plans would challenge buy-to-let investors and second-home owners...

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News
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General Election: Part of Laboursbid to be elected on 12th December is a raft of taxraising measures aimed at buy-to-let landlords and second homeowners. Jeremy CorbynsLabour party manifesto launch last week outlined a n

Controlling moisture and condensation in homes

Controlling moisture and condensation in homes

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Condensation andmould : This time of year,as the temperature drops, both new homes and old homes aresusceptible to the formation of condensation and unsightly mould: newhomes because they are effectively a sealed box, and old homesbecause they often lack ef

Winter Proof Your Rental Properties

Winter Proof Your Rental Properties

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The colder weather is here again, its that time of year coming; you feel that cold chill in the air, the snow and ice will soon arrive, and you know its time to get out that winter coat, scarf and gloves.You also know that cold wet weather on the way will test your rental properties and tenant

Portfolio landlords now average 13 properties

Portfolio landlords now average 13 properties

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Portfolio Landlords: Buy to let lender Paragons recent research shows that professionaland larger-scale landlords are still investing and are increasing the size oftheir portfolios through more targeted investments. With an average portfolio

Tenants can sue landlords for cold or damp homes under new laws

Tenants can sue landlords for cold or damp homes under new laws

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New rules that came into force in March allow https://www.independent.co.uk/news/business/news/landlords-sue-cold-damp-homes-law-tenants-renting-housing-a8776671.html" tenants to sue landlords for issues like cold and damp. A broken heating system or poor ventilation that

Don't fall foul of the authorised guarantee agreement...

Don't fall foul of the authorised guarantee agreement...

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Commercial Property : A recent High Court decision in Co-Operative Group Food Ltdv. A&amp;A Shah Properties Ltd (2019) relates to an authorised guaranteeagreement (AGA) dispute, in this case an agreement involving a guarantor of theoutgoing tenant. <p id

Section 21 to be banned in the UK

Section 21 to be banned in the UK

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The Government has announced its intention to scrap Section 21 notices for eviction in an effort to offer tenants more long-term security.

New service charges rules in commercial property

New service charges rules in commercial property

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News
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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