Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y
With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio
Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan
Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the
Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a
As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there
The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina
When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance
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
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
John Lewis has finally received the green light to begin its transformation into a build-to-rent landlord after Bromley Council approved its plans for 353 rental homes.
A new tech start-up using AI to pair tenants with the most suitable rented homes has been launched.
Former housing secretary Robert Jenrick who brought in the controversial 'evictions ban' during Covid has joined the Conservative party leadership race.
Two leading figures from the private rented sector have slammed the ongoing nightmare many landlords are facing when waiting for evictions to pass through the courts.
Shelter has called for indefinite tenancies as well as rent increases restricted to once a year and limited to a rise either in line with inflation or wage growth.
Housing minister Matthew Pennycook has hinted heavily that councils will be given powers to introduce large licencing schemes without his approval as part of Labour’s push for greater devolution.
While the new Labour government has talked about making rented homes more energy efficient, one company has shone a light on how much it will cost landlords to achieve it.
New minimum standards for rental properties and industry training are needed to improve quality and safety in the PRS, the government has been told.
A landlord who tried to charge a prospective tenant for having overnight guests has been ordered to repay the holding deposit.
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
Private Rented Sector Consultant a private rented sector consultant at letting focus and tenants renting guide David Lawrenson
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 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
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
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
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
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: 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
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
Commercial Property : A recent High Court decision in Co-Operative Group Food Ltdv. A&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
The Government has announced its intention to scrap Section 21 notices for eviction in an effort to offer tenants more long-term security.
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: Renovating a buy-to-let property can be a great way for landlords to increase the rental income
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;
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
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
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: 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: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 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
End of an AST: Questions: What happens when an Assured Shorthold Tenancy (AST) comes to an end? Will the tenant have to leave or does she need to sign a new agreement? What if a tenant wants to leave early? How long can a periodic tenancy last?When the fixed term (minimum of
Landlords often buy flats which are either Leasehold or Shared Freehold. What are these tenures and what should landlords look out for in these different forms of ownership?Leasehold is one of three forms of tenure (property/land ownership) almost exclusively peculiar to the United Kingdom, thoug
Landlord's Access to Property: Many landlords will have experienced a tenant denying them access to a property - whether for an inspection, viewings or legal duties. Its easy to understand the view of Its my property, I can enter when I want, but unfortunately th
New Rules for Section 21 :Landlords and Agents need to be aware of the changes affecting Section 21 rules and Notices and other changes for the letting of residential properties in England (and in many cases Wales) introduced during 2015 . This article explains the new rules
