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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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'Renter vote' to play key role in third of constituencies next election

'Renter vote' to play key role in third of constituencies next election

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Private renters now have potentially more political power, with Generation Rent analysis finding that 194 constituencies in England have populations containing 20% or more private renters, up from 114 in 2011.

Short lets giants to share landlords' booking data with Government

Short lets giants to share landlords' booking data with Government

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Airbnb and two other big short-lets platforms have agreed to share their data on guest numbers and nights booked with the Office for National Statistics (ONS) to help shape policy decisions on the sector.

Improving clogged-up eviction courts system to take 'years'

Improving clogged-up eviction courts system to take 'years'

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Two legal experts have told MPs probing the Government’s plans to abolish Section 21 ‘no fault evictions’ that improving the crumbling courts system could take years.

Evicting anti-social tenants 'will not be easier' after Section 21 goes - claim

Evicting anti-social tenants 'will not be easier' after Section 21 goes - claim

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Latest changes to the Renters (Reform) Bill published a few days ago highlight the legal hill that many landlords faced with anti-social tenants will have to climb, it has been claimed.

'Many leaseholder landlords can never allow pets'

'Many leaseholder landlords can never allow pets'

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More tenants living in flats could find themselves unable to have a pet than those in a house under the Renters Reform Bill, warns the founder of a campaigning group.

Second national awards for HMO landlords launches

Second national awards for HMO landlords launches

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The second national awards for HMO landlords has been announced by property management platform COHO chief Helen Turner, who is one of the driving forces behind its creation.

Half of tenants want 'bills included' but only 12% of landlords offer it

Half of tenants want 'bills included' but only 12% of landlords offer it

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Just over half of tenants surveyed about the cost of living want their rent to include all their utility bills, it has been revealed.

Rogue landlords should have properties confiscated, says MP

Rogue landlords should have properties confiscated, says MP

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Rental homes should be confiscated from private landlords who repeatedly break the rules and exploit tenants, according to the head of the Commons housing committee.

Portfolio landlords proving most resilient to harsher economy

Portfolio landlords proving most resilient to harsher economy

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Despite interest rate hikes battering investor confidence, the UK’s portfolio landlords remain focused on expanding their property portfolios, research from Shawbrook finds.

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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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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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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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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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

Asbestos and Your Responsibilities as a Landlord

Asbestos and Your Responsibilities as a Landlord

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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 importance of a Tenancy Application Form

The importance of a Tenancy Application Form

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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

Assured Shorthold Tenancy Ends

Assured Shorthold Tenancy Ends

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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

Freehold, Shared Freehold or Leasehold?

Freehold, Shared Freehold or Leasehold?

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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

My Tenant Won't Allow Access!

My Tenant Won't Allow Access!

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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 Section 21 Rules

New Section 21 Rules

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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

New algorithms to calculate EPC ratings

New algorithms to calculate EPC ratings

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Many landlords have long suspected that the DCLG approved national calculation methodologies and software programs were seriously flawed when they produced EPC ratings for buildings following energy assessments.So news that new software is being introduced which is claimed to be more accurate is