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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 & 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.

Safety Standards for Blinds and Curtains

Safety Standards for Blinds and Curtains

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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

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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

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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

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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

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ANALYSIS: Short term lets under threat...

ANALYSIS: Short term lets under threat...

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The rental market in the UK has undergone something of a revolution in recent years, with a significant shift away from permanent or long-term renting towards Airbnb style hol

Unusual legal win by landlord shows appealing council fines can be worth it

Unusual legal win by landlord shows appealing council fines can be worth it

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Landlords operating good-quality and well managed rented properties and who are of good character should fight unfair council fines for failing to licence properties, an unusu

Landlord company registrations rise as many seek to avoid higher tax bills

Landlord company registrations rise as many seek to avoid higher tax bills

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Higher taxes and the pandemic have significantly increased the number of landlords starting up limited companies rather than owning and operating properties personally, new re

Market rents hit £1,367 as void periods plunge

Market rents hit £1,367 as void periods plunge

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Market rents hit historic high of £1,367 PCM as void periods plunge—explore the market shift and what it means for landlords.

Is it fair that councils can fine landlords even though they too break the law?

Is it fair that councils can fine landlords even though they too break the law?

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There is a burning issue within the rented homes market that is grossly unfair on private landlords and that is never discussed by politicians or the trade associations that o

Landlord to pay tenants £12,500 because 'innocence of law is no defence'

Landlord to pay tenants £12,500 because 'innocence of law is no defence'

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Being ignorant of landlord law is no defence, a brutal legal point that has cost a landlord duo in London dearly after they were told by judges to repay their tenants �12,500

Looming EPC changes already skewing the buy-to-let market, claims finance boss

Looming EPC changes already skewing the buy-to-let market, claims finance boss

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The Governments plans to force landlords to upgrade their properties to a minimum C energy efficiency standard is already affecting how rental properties are being purchased, the boss of a big money firm has claimed. Louisa Sedgwick, Commercial Director at Paragon Bank

City office space under threat as personified by Canary Wharf exodus

City office space under threat as personified by Canary Wharf exodus

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The pattern of office working is changing and nowhere is its effect on commercial property being felt more strongly than in Londons Docklands Canary Wharf. A once thriving financial centre The development of the wharf into a thriving financial centre just outsi

BREAKING: Gove green lights expensive new licencing scheme in Nottingham

BREAKING: Gove green lights expensive new licencing scheme in Nottingham

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Michael Gove has given Nottingham city council the green light to proceed with one of the UKs most expensive and controversial selective licensing schemes. Due to start on December 1st, it will require all rented properties within 20 of its wards to be licenc

LATEST: Disappeared guest house investment couple re-emerge in Oz

LATEST: Disappeared guest house investment couple re-emerge in Oz

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A property investment guru couple who disappeared leaving disappointed participants in their investment schemes puzzled as to their whereabouts have popped up as spiritual leaders in Australia. Marta and Lloyd Smith - now known as Riya Loveguard and Aeron Lazar - ran Home

Landlords must 'go green' as government reveals gas boiler ban for rented properties

Landlords must 'go green' as government reveals gas boiler ban for rented properties

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The Government is to phase out gas by 2035 as part of its green ten-point plan announced this week, meaning millions of boilers across the private rented sector are on borrowed time. CEO of the Chartered Institute of Plumbing and Heating Engineering (CIPHE), Kevin Wellman, under

Reluctant landlords: cladding woes force owners to let out properties at a loss

Reluctant landlords: cladding woes force owners to let out properties at a loss

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Thousands of leaseholders are stuck in their flats because they cannot sell due to unsafe cladding installed on their high rise blocks. Sales are stalled because potential buyers cant obtain a mortgage until the defective cladding is replaced and the building declared safe by a specialis

Legal Case: Rogerson v Bolsover District Council '� landlord's liabilities

Legal Case: Rogerson v Bolsover District Council '� landlord's liabilities

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Landlords owe a duty of care to their tenants to make sure, as far as is reasonably possible, to be sure a property is safe, both at the commencement and during the course of a tenancy. This Court of Appeal case in 26 February 2019 relates to a council tenancy, though its implic

Watch out for parking space scammers, warns landlord

Watch out for parking space scammers, warns landlord

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Landlords are being warned to beware of scammers renting out parking spaces outside their properties following a expose on national radio. Landlord Simon Gallagher had to install bollards after someone began advertising his tenants driveway to commuters for �8 a day. <p i

Landlords renewing their licence in Wales MUST now complete regular property inspections

Landlords renewing their licence in Wales MUST now complete regular property inspections

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Welsh landlords renewing their licence with Rent Smart Wales after 23rd November now need to organise regular mandatory property inspections. The new condition - introduced&nbsp;by Rent Smart Wales for any new landlords&nbsp;signing up from 1st July and any rene

TRENDING: Struggling hotels begin converting into HMOs to survive

TRENDING: Struggling hotels begin converting into HMOs to survive

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A woman hoping to convert her 32-bedroom hotel into an HMO after being hit hard by Covid could spark a trend for more owners moving into the private rented sector. Andreani Ahooie, whos run the https://www.longviewhotel.com/" target="_blank" Longv

Warwick University accused of leaving 500 private landlords in the lurch

Warwick University accused of leaving 500 private landlords in the lurch

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Hundreds of landlords face trying to find new tenants for their student HMOs after the University of Warwick ditched its property management scheme. Under its Head Lease Scheme, landlords signed-over their houses to the university for years at a time for guaranteed rent, which

Legal Issue '� is the heating system in a rental property fit for purpose?

Legal Issue '� is the heating system in a rental property fit for purpose?

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Tenants may complain, or as in the following case, the councils inspectors may deem it to be the case, that the system supplied is inadequate for safe living. The Aldford Two LLP v Bristol City Council appeal (2010 Residential Property Tribunal - RTP) against an improveme

Landlords must now issue TWO Section 8 notices to get around 'crazy' eviction rules

Landlords must now issue TWO Section 8 notices to get around 'crazy' eviction rules

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Increasing numbers of landlords are being forced to issue a second Section 8 notice to tenants who have stopped paying their rent as the sector grapples with the crazy evictions rules in place now, it has been claimed. The UKs leading lettings industry trade body ARLA P

Zero to Hero: John Howard - how it all began

Zero to Hero: John Howard - how it all began

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John Howard has had a lot of fingers in different property pies over the past 45 years, working his way up from being the son an estate agent to a major figure within the property industry. As well as being a significant portfolio landlord he is also a developer and consultant,

WARNING! Why many 'guaranteed rent' providers need careful vetting before you commit

WARNING! Why many 'guaranteed rent' providers need careful vetting before you commit

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The lettings market is evolving very fast and with extensive experience in the sector, https://www.martinco.com/" Martin &amp; Co MD Eric Walker - who is also a https://www.theprs.co.uk/" Property Redre

Loudmouth DJ Chris Moyles reveals he's a landlord... whose relaxed about rent arrears!

Loudmouth DJ Chris Moyles reveals he's a landlord... whose relaxed about rent arrears!

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Many landlords may remember noughties loudmouth Radio 1 DJ Chris Moyles for his outspoken rants and the million-pound deal he landed with the BBC. But few will have suspected that Moyles, who these days is much thinner and greyer than his bad-boy days, can now be counted in thei

New landlords must register for self-assessment

New landlords must register for self-assessment

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A little known date in HMRCs tax calendar is not as easily remembered as the 5th of November, a date we never forget, but its the 5th of October; an important date in the tax calendar because its exactly half way through the tax year and it has imp

EXCLUSIVE: Don't let this happen to you, says landlord after losing �40,500 to guaranteed rent scheme

EXCLUSIVE: Don't let this happen to you, says landlord after losing �40,500 to guaranteed rent scheme

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A landlord is fighting to get his money back after two if his HMOs were left in an appalling state after a three-year contract with London-based RHP Properties went disastrously wrong. Gulam Sumar handed over the two six-bedroom houses in Harrow to the Walthamstow company in ear

LATEST: Landlords to face �30,000 fines in radical shake-up for energy efficiency regulations

LATEST: Landlords to face �30,000 fines in radical shake-up for energy efficiency regulations

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Radical new proposals for energy efficiency in the private rented sector could see landlords fined up to £30,000 for not improving their properties and tenants given the ability to claim compensation. The Governments consultation on its energy efficiency regulations sets out

Touchstone: We ask the company's boss why it won't refund very ill student

Touchstone: We ask the company's boss why it won't refund very ill student

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A sick woman fighting to get �13,000 back from Touchstone Education says she feels raped� by her dealings with the property investment training firm. The woman who wants to remain anonymous has appeared in a video on the https://www.youtube.com/watch?v=7BK

Legal Case: Liaw v Sohal '� a question of multiple tenancy deposit fines

Legal Case: Liaw v Sohal '� a question of multiple tenancy deposit fines

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Its important to ensure that the tenancy deposit rules (including service notices) are applied to the letter�, as otherwise a new fine can be added each time a tenancy is renewed when the statutory rules are not followed correctly on the first one. When a tenancy deposit

Working from home is something some tenants may find problematic

Working from home is something some tenants may find problematic

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For a start, there are more people in rented accommodation who do jobs that cant be done at home, but for those that can there are often restrictions. For those lucky enough to be in a position to do their jobs from home there are some real advantages. Cutting out long commut

Shamplina interviews: Nigel Lewis, the man behind the pen at LandlordZONE

Shamplina interviews: Nigel Lewis, the man behind the pen at LandlordZONE

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For the past six months journalist Nigel Lewis has been penning the news articles for LandlordZONE and doing his best to fill the seat of Tom Entwistle. Here Landlord Action's

Grounds For Possession - Section 8

Grounds For Possession - Section 8

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Grounds for Possession - Assured Shorthold TenanciesThe Housing Act 1988 as amended by the Housing Act 1996 lays down certain circumstances (grounds) under which a landlord may successfully apply to court for possession.The grounds for possessio

Property academy' refuses to refund severely ill student �13,000 course costs

Property academy' refuses to refund severely ill student �13,000 course costs

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A woman who paid �13,000 for courses with property investment training firm Touchstone Education&nbsp;is fighting to get her money back after falling ill. The woman who wants to remain anonymous - first paid Touchstone Education �1,000 for an online course and then another

Ground One '� repossession of own residence

Ground One '� repossession of own residence

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People often rent out their home when working abroad or going on extended travel, and they would naturally expect to return to live in their own on return. However, tenants are entitled to security of tenure for their contracted term safe in the knowledge that they can stay in the prope

Quarter Days

Quarter Days

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With high street administrations and missed rent payments becoming commonplace, commercial property quarterly rent payment days are currently being highlighted in the media, with the last one, June 24th just having passed. Understandably, these deadlines are cau

Landlords switching back from short-term to long-term lets

Landlords switching back from short-term to long-term lets

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The Coronavirus has affected all parts of the economy, including rentals, but tourism in particular has been hard hit. It meant that holiday lets came to a complete standstill during lock-down, whereas the traditional long-term lets have been far less affected. Short lets, altho