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 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
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
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. 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
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 - 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
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
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 - 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 - 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 - 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 - 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
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 - 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
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 - 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 - 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
The capital’s rental market continues to show signs of slowing down, with prices rising by just 1% year-on-year in May while the number of viewing request per property has dropped too.
Fergus Wilson has questioned whether new Reform UK leader Nigel Farage would restore Landlord Tax to the previous headline rate and put Capital Gains Tax down to a flat 10% for all landlords - the level of tax paid if held in a company.
Generation Rent has called for private rented homes to be brought into public or tenant ownership in its list of demands for the next government.
The rise of ‘built-to-rent’ homes as a major competitor for tenants with private landlords took a leap forward this week after two US firms revealed they had bought 1,750 homes off a UK builder that will now be rented out rather than sold.
When the terms of a commercial renewal lease cannot be varied in the agreed between the parties, according to the provisions of the Landlord and Tenant Act 1954
Nearly a quarter of mortgages on mid-rise flats required an ESW1 form this year, despite government promises that leaseholders in these blocks affected by the cladding scandal would no longer need one when selling or remortgaging.
Labour is likely to reintroduce the Renters (Reform) Bill in a similar form if it wins the election and has already confirmed its view that the court process needs speeding up.
Any new government must continue to encourage private landlords if it is to effectively tackle the housing crisis, according to property lawyer David Smith.
Calls are growing for a thorough overhaul of the EPC regime amid claims that the information in many could be inaccurate and misleading.
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
