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Assignment of a Residential Tenancy

Assignment of a Residential Tenancy

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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

Basement flats are more secure than houses

Basement flats are more secure than houses

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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

What is a Section 26 Notice

What is a Section 26 Notice

Information

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

Uninhabitable Premises

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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

Tenant Blacklist

Tenant Blacklist

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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

Sub-letting Leasehold

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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

Renting to a 17 year old

Renting to a 17 year old

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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

Rent Review

Rent Review

Information

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

Re-selling Energy

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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

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Landlords must not drag their heals over EPC ratings, warns bank director

Landlords must not drag their heals over EPC ratings, warns bank director

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Landlords must not to drag their heels when it comes to improving properties’ energy efficiency rating - or face potential issues with finding tradespeople and working with letting agents, a financial expert has warned.

More tenants are using alternative deposit schemes, new data reveals

More tenants are using alternative deposit schemes, new data reveals

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A growing number of tenants in the build-to-rent (BTR) sector are using deposit alternative products as many opt to invest a lump sum instead of locking it away in a traditional cash scheme.

Tenants who are on benefits must get the Government support they need, says Propertymark

Tenants who are on benefits must get the Government support they need, says Propertymark

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Benefit claimants must get the Government help they need once its welfare reforms take effect, an industry body has warned.

Fewer luxury homes to rent in London feeds into higher rents

Fewer luxury homes to rent in London feeds into higher rents

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A reduced supply of luxury rental homes in London is feeding into higher rents, which are now a third higher than before the pandemic, new research has revealed.

Rogue landlords come under attack from Labour MP Tom Hayes

Rogue landlords come under attack from Labour MP Tom Hayes

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Labour MP Tom Hayes has launched a survey to quiz tenants and landlords in his Bournemouth East constituency, in a bid to fix the “broken” rented sector.

WASPI women need to be fairly compensated after constituent was evicted, says MP

WASPI women need to be fairly compensated after constituent was evicted, says MP

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News
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Liberal Democrat MP Sarah Dyke has called for WASPI women to be fairly compensated after one of her constituents was evicted.

‘Rentflation’ costs young people an extra £1,616, says Barclays

‘Rentflation’ costs young people an extra £1,616, says Barclays

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News
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‘Rentflation’ has cost young people an extra £1,616 on their rent bill in the past year, according to new data from Barclays.

Tenants on benefits will be pushed into poverty, warns NRLA

Tenants on benefits will be pushed into poverty, warns NRLA

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News
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Almost half of all private renters who receive Local Housing Allowance experience a shortfall between their payment and monthly rent, according to new analysis by the NRLA.

Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action

Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action

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News
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Landlords who fail to address damp and mould problems ahead of Awaab’s Law risk legal action, reputational damage, and significant fines, an air quality monitoring firm has warned.

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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According to research from the NLA, 4 in 10 landlords are either seriously considering forming a limited company or looking into the option in the coming months.Can you - and more importantly should you - set up a company to pay less tax? Heres my complete guide on becoming incorporated.<stron

What heating system for Rental Property?

What heating system for Rental Property?

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What heating system should you use in your rental property? Is there a heating system that could solve landlords condensation claims problems?Its one of the most important questions to ask when letting a property for the first time. Whatever system you choose carries implications for the ef

Warnings about Gumtree advertised letting scams

Warnings about Gumtree advertised letting scams

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News
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The Residential Landlords Association (RLA) and the National Landlords Association (NLA) have called on the classified online listings service Gumtree to issue clear guidance over possible scams involving bogus letting scams.The warning has been issued to Gumtree by the NLA and the RLA after f

Dispute Resolution Procedure at Rent Review

Dispute Resolution Procedure at Rent Review

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At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to inv

Government releases 'How to Rent'� guide

Government releases 'How to Rent'� guide

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News
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From the 1st of October 2015 it became a statutory requirement that landlords issue all new tenants after that date with the latest edition of a Government publication The How to Rent Guide�, along with a current Energy Performance Certificate (EPC) and a current Gas Safety

Doing Right to Rent - Immigration Checks

Doing Right to Rent - Immigration Checks

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From 1st February 2016 all new tenants in England must be given Right-to-Rent (Immigration) Checks to determine their "right-to-rent" or "right-to-reside" in the country, BEFORE they can be given a tenancy. Landlords or letting agents must do the checks - letting agents where the

Tax Deductible Letting Expenses

Tax Deductible Letting Expenses

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This is a Guide to Tax Deductible Letting Expenses for Landlords under the new tax rules following the Summer Budget 2015. These may be subject to change and you are advised to consult a tax specialist before making any decisions.From April 2016 landlords will no longer be able to automatically d

Landlord uses hidden cameras to spy on tenants

Landlord uses hidden cameras to spy on tenants

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News
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An Edinburgh landlord set-up hidden cameras in the bedroom and bathroom of his flat, to film people in bed and in the shower.The cameras were discovered by a young couple, friends of the landlord who allowed them to use the accommodation. The couple found a box on the living room table with a cam

Comparable Evidence

Comparable Evidence

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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

What is a Section 20 Notice ?

What is a Section 20 Notice ?

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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

Who Pays for Maintenance and Repairs

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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

Inflation (RPI) and Rent

Inflation (RPI) and Rent

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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

Commercial Property Insurance - part 1

Commercial Property Insurance - part 1

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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

Can Landlords Discriminate when Selecting Tenants?

Can Landlords Discriminate when Selecting Tenants?

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News
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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

User Clauses - in Commercial (Business) Leases

User Clauses - in Commercial (Business) Leases

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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

Rent Increases with Assured Shorthold Tenancies

Rent Increases with Assured Shorthold Tenancies

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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

Guarantor or Rent Deposit

Guarantor or Rent Deposit

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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

Checking Tenants In and Out

Checking Tenants In and Out

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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

s.25 and s.26 notices - the landlord's perspective

s.25 and s.26 notices - the landlord's perspective

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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

"Upward-only" rent review

"Upward-only" rent review

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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

The Dangers with Section 8 Possession Claims

The Dangers with Section 8 Possession Claims

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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

What is a Section 25 Notice

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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 &amp; Wales are regulated by the Landlord &amp; Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b

What is a Section 48 Notice?

What is a Section 48 Notice?

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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 &amp; Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges

Fixed-Term or Periodic Tenancy?

Fixed-Term or Periodic Tenancy?

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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

What is a Section 213 Notice?

What is a Section 213 Notice?

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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 &amp; Wales (the rules in Scotland &amp; Northern Ireland are similar but