Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu
There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR
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
Landlords’ bank accounts could be monitored as part of new legislation that aims to reduce overpayments to people claiming benefits and fraudulent claims.
Plans to abolish the Furnished Holiday Lets (FHL) regime could be delayed by at least a year from April 2025, and might never happen, according to one tax expert.
Landlords are more concerned about tenants’ right to request to keep a pet than the potential abolition of Section 21, a new poll reveals.
More landlords can now try out Making Tax Digital (MTD) for Income Tax after HMRC paused the pilot last February.
Average rental yields have hit a six-year high with HMOs and properties in the North East offering landlords the best returns.
Consumer organisation Which? says there is considerable evidence that many EPCs are ‘not accurate’.
A large landlord has been fined £528,000 after a maintenance crew member repairing a fence post inadvertently struck an underground cable, suffering facial burns.
Landlords in Portsmouth say vulnerable tenants are being unfairly displaced due to the council’s draconian additional licencing scheme.
A group of 30 Tory MPs have written to the Chancellor Jeremy Hunt warning that they may vote against the Government’s Leasehold and Freehold Reform Bill unless ground rents are abolished for both future and existing leaseholds.
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
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
Serving Notices: Landlords and agents often get confused as to how they should serve Notices on their tenants.Ordinarily it wouldnt matter what method is used, but if you end up in court with a possession or money claim, or some such court action, then what and how you se
Tenant are Consumers: The UK Consumer Protection law applies to letting agents and landlords alike when they advertise a property to let or create a new tenancy. It also applies to most private landlords when they deal with letting agents, unless they operate as a company.
Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob
Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo
Tax Relief: Starting from 6th April 2017, those landlords with mortgages will have tax relief on their buy-to-let mortgage costs gradually reduce over a 4-year period.Many landlords dont have a mortgage (up to 50% it is said), so this change does not affect them, but many
Rent Arrears: At this time of year, soon after the Christmas spending spree, inevitably rent payments begin to suffer. If you are having problems with rent arrears, this article should help.As in most areas of life,prevention is better than cure . To re
Tax Return 2016-2017: As a general rule, and as outlined in the previous articles in this series on tax returns, landlords can claim the expenses of running and maintaining their rental properties.If the rent you charge includes additional services like water, or council tax
Tax Return 2016-17: With some costs its very easy to decide: a repair to a drain, downspout or roof tile are all allowable expenses, but what about replacing a broken single glazed window with a new plastic frame and double glazing, what about decorating and installing a
Penetrating damp, just as its name implies, is where water leaks into a building from outside the structure, through the walls or roof. Less common is where an internal leak from a water or drain pipe leaks into the structure of the building.Common causes of penetrating damp are: <ul <l
Fire Regulations in Rentals: There are several regulations relating to fire safety within rental dwellings; some affect all dwellings whereas others apply mainly to Houses in Multiple Occupation (HMO).This looks complicated, but fire safety management in reality boils down t
Damp & Mould: You may have seen or heard of the 1970s TV series Rising Damp, which featured a landlord and his tenants (lodgers in this case) which rather implies that all rental properties are troubled with this kind of damp.Far from the case, but some are. In fact the
