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Legal matters: terminology, lease or licence, what's the difference?

Legal matters: terminology, lease or licence, what's the difference?

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Yes, legal terms confuse and like many specialisms, the confusion is added to by the fact that different terms often have essentially the same meaning.

Landlords told to check tenancy contracts after landmark court case

Landlords told to check tenancy contracts after landmark court case

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A judge has opened the door to higher compensation being paid by landlords if they fail to protect their tenants’ rental deposits within one of the official schemes.

Details of compulsory national Portal for landlords revealed

Details of compulsory national Portal for landlords revealed

News

More detail on what information landlords will have to provide to the looming Property Portal have been revealed by the Government.

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

News

The Government has said it supports measures that will allow landlords to either charge tenants with cats or dogs both pet insurance at the beginning of tenancies or request that they take out a policy themselves.

Majority of renters support banning Section 21 evictions and rent controls - claim

Majority of renters support banning Section 21 evictions and rent controls - claim

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A renters’ lobbying says its polling of England’s private renters has found a majority support the changes within the looming Renters (Reform) Bill getting its second reading today in parliament.

Government U-turns on eviction and tenancy reforms

Government U-turns on eviction and tenancy reforms

News

The Government has confirmed that it will not bring in its controversial ban on Section 21 evictions within the looming Renters (Reform) Bill until problems with the courts have been fixed.

Court shake-up vital in next week's Bill debate

Court shake-up vital in next week's Bill debate

News

The NRLA has urged the government to address court hold-ups while debating the Renters Reform Bill – or risk undermining work to improve the sector.

Scottish eviction law continues to hamper PRS growth

Scottish eviction law continues to hamper PRS growth

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Investors are losing confidence in the Scottish PRS, while rent caps and increased construction costs are halting rental developments, says one property solicitor.

The importance of the "How to Rent" Guide and Section 21

The importance of the "How to Rent" Guide and Section 21

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How to Rent Guide : very important when setting up a new tenancy, or on renewal, and when serving a section 21 notice.

Agents and student landlords are top of the class in Bath

Agents and student landlords are top of the class in Bath

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University students rate Bath as having the best letting agents in the UK based on the number of reviews and average ratings.

Family operation ran string of unlicensed HMOs

Family operation ran string of unlicensed HMOs

News

A rogue landlord has been prosecuted for letting eight unlicensed HMOs which breached health and safety rules that put his tenants at risk.

Kent landlord rumbled fly-tipping tenant's waste

Kent landlord rumbled fly-tipping tenant's waste

News

A Kent landlord who dumped a huge pile of his tenant’s belongings in a country lane was rumbled after an investigation traced it back to him.

OPINION: Should landlords let tenants redecorate?

OPINION: Should landlords let tenants redecorate?

Opinion

One of the biggest discussion strings on any landlord forum including our own is how far tenants are allowed to modify or refurbish their property, with many users claiming some renters go too far.

Landlord reveals football boss's £28,400 rental scam

Landlord reveals football boss's £28,400 rental scam

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A director of the Scottish Women’s Premier League (SWPL) has been found guilty of defrauding her landlord with an elaborate scam.

Mortgage deal shock from leading BTL broker

Mortgage deal shock from leading BTL broker

News

The Mortgage Works (TMW) has shaken up the BTL lending market by making improvements to the affordability assessment applied to portfolio landlords.

ANALYSIS: New Government funded schemes to help tenants with legal issues

ANALYSIS: New Government funded schemes to help tenants with legal issues

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New Government schemes that are offering advice to help tenants with legal issues

Big boiler firm's green claims to face official investigation

Big boiler firm's green claims to face official investigation

News

The Competition and Markets Authority (CMA) is scrutinising green claims from boiler maker Worcester Bosch to see if they mislead landlords.

Renting reform bill to progress next week - claim

Renting reform bill to progress next week - claim

News

The Renters Reform Bill is expected to get its second reading on Monday, heralding a huge shake-up of the sector after four years in the planning.

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Landlord wins landmark knotweed compensation case in Court of Appeal

Landlord wins landmark knotweed compensation case in Court of Appeal

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A landlord in Wales has set a cat among the legal pigeons after winning a landlord Japanese knotweed compensation case in the Court of Appeal. Its three judges have agreed that Marc Davies, 38, must be paid just shy of �5,000 by his local authority Bridgend council which, it wa

Divorcing landlords sell �15m portfolio after long legal battle

Divorcing landlords sell �15m portfolio after long legal battle

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A property estate worth �15m has been sold off as part of a complex court case involving a pair of divorcing professional landlords. The portfolio of 25 buildings was spread across four London boroughs and included both residential and commercial properties. The portfolio inclu

Concern over plan for single ombudsman covering whole of housing market

Concern over plan for single ombudsman covering whole of housing market

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Estate agents have criticised the Governments plans to usher in a single ombudsman for the property industry, claiming it will have unintended consequences. Under the plans, the existing redress schemes for estate agents and their customers will be replaced by an overarching

Majority of landlords have 'no idea' about EPC deadline and costs, survey reveals

Majority of landlords have 'no idea' about EPC deadline and costs, survey reveals

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Most landlords are still in the dark about EPC changes, a new survey has found, raising fears that they could be blindsided when proposed new rules become law in 2025. Only 57% of landlords with a single property and 77% of those with four or more properties in their portfolio a

Looming Section 8 eviction reforms will be 'unwieldy and difficult' says leading lawyer

Looming Section 8 eviction reforms will be 'unwieldy and difficult' says leading lawyer

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Property lawyers have flagged up potential problems with eviction reform measures within the Renters Reform Bill white paper. An amendment to Section 8 notice evictions will expand the range of circumstances where landlords can seek possession when needing to sell or allow thems

Leading landlord latest to join the political fray after surprise election win

Leading landlord latest to join the political fray after surprise election win

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Landlords in Yorkshire might have an ally in new Lib Dem councillor Felicity Cunliffe-Lister who stormed to victory in the recent Masham and Fountains by-election, a previously super-safe Conservative seat. The incoming North Yorkshire county councillor owns Swinton Estate, one

Home Office warns self-managing landlords' over Right to Rent

Home Office warns self-managing landlords' over Right to Rent

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Official research has found that self-managing landlords are the least prepared when dealing with the legal requirements of the official Right to Rent scheme. It requires landlords of privately rented accommodation to conduct checks on all new tenants to establish if they have a

Shelter slammed over 'misleading' claim landlords are cashing in on rising rents

Shelter slammed over 'misleading' claim landlords are cashing in on rising rents

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A leading landlord blogger has slammed Shelter for claiming in its latest press release that landlords are cashing in on higher rents by using Section 21 no fault evictions to repossess their properties. The comments are from http://www.thesecretlandlord.com

Landlord fuming after Barclays errors lead to bad credit

Landlord fuming after Barclays errors lead to bad credit

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Nottingham landlord Mick Roberts battles Barclays over mortgage errors causing bad credit, higher rates, and tenant fallout.

How Can I Sell My Rental Property?

How Can I Sell My Rental Property?

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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 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

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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

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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

Providing a Reference

Providing a Reference

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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

Polystyrene Ceiling Tiles

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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

Misrepresentation

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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

Mail for Previous Tenants

Mail for Previous Tenants

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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

Long Term AST

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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

How long should accounts be kept

How long should accounts be kept

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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

Expiry of Section 21 Notice

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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

Covenant and Covenant Strength

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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

10 year lease

10 year lease

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2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t

Uncollected Goods

Uncollected Goods

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Good Left in the Premises or Uncollected GoodsFrequently, tenants leave goods after their tenancy has concluded or when they have abandon the premises during a tenancy. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords.

Standing Order

Standing Order

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<h1 Standing Order</h1>What are Bankers' Standing Orders?</h3><ul <li Standing Orders allow landlords to automate the process of collecting rents</li> <li They safeguard tenants in that the landlord cannot change the payment amount, as is the case with direct debit

Section 8 Procedure

Section 8 Procedure

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The Possession Procedure - 1988 Housing ActThe possession procedure under Section 8 of the Housing Acts 1988 &amp; 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of

Renting Business Premises

Renting Business Premises

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Renting or Leasing Commercial Property Renting commercial property usually represents a major part of the operating costs involved in running any business. If you include surveyor's and solicitor's fees, rent, business rates, insurance,

License Agreement

License Agreement

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Types of Tenure: A tenancy gives the tenant a legal interest in the land and property - in effect, legal ownership for the period of the tenancy. Tenancies can take several forms: <ul <li Rent Act or Regulated Tenancies - pre </li> <li

Joint or Single Tenancies

Joint or Single Tenancies

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<h1 Joint or Single Shared Tenancies</h1>Shared House (Joint Tenants) or Individual Rooms (Single Tenants)? Where a landlord lets to multiple and usually unrelated tenants there are two main ways of doing this:(1) As a Joint Tenancyng