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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

News

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

News

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

News

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

News

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

News

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

News

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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Possession Claims Online

Possession Claims Online

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Section 21 : Not every landlordor agent would consider handling a possession claim themselves, butthe good news is, it can be done the system is designed for LIGs litigants in person. Everyone has theright to speak for themselves in co

Renewing a Business Lease

Renewing a Business Lease

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Commercial Property :A commercial lease is based on contract law and a contractual agreement between landlord and tenant. The rules laid down are those as agreed in the lease agreement and are largely unencumbered by statutory rules, unlike the case with a residential tenanc

Short-Term letting, not without its problems'�

Short-Term letting, not without its problems'�

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Holiday Lets : With the changes tothe tax rules many buy-to-let landlords are thinking of creative waysto overcome the loss of income. Their inability to claim tax reliefon their mortgage interest and the removal of their wear and tearallowance has made a

Landlord and Tenant Act 1954 (Part II)

Landlord and Tenant Act 1954 (Part II)

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The Landlord & Tenant Act 1954 Part II deals with the leasing of Commercial (Business) Premises in England & Wales.Commercial (Business Tenancies) Landlord and Tenant Act 1954, Part II The Landlord and Tenant Act 1954 (the Act) is an important piece of legislation in

Would you like to be on Channel 5's Nightmare Tenants Slum Landlords programme?

Would you like to be on Channel 5's Nightmare Tenants Slum Landlords programme?

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News
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Its producers are looking for landlords who need help with a nightmare tenant or letting agent and are happy to feature in the show. Are you one of the millions of landlords who tune in to watch Channel 5s regular Nightmare Tenants Slum L

LATEST: Abolishing Section 21 notices will take at least until late 2021 to become law

LATEST: Abolishing Section 21 notices will take at least until late 2021 to become law

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News
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LandlordZONE understands that the huge task of sifting through 1,000's responses to the governments consultation on evictions reform, and the likely long process of getting the law through Parliament, will take at least 18 months. Landlo

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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News
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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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News
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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

Penetrating Damp, how to deal with it

Penetrating Damp, how to deal with it

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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 Safety in Rented Premises

Fire Safety in Rented Premises

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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

Rising Damp - how to deal with it

Rising Damp - how to deal with it

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Damp &amp; 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

How Much Should Landlords Spend on Renovating?

How Much Should Landlords Spend on Renovating?

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Renting Standards: Specialist residential property solicitor Amanda Sutcliffe of Bray &amp; Bray looks at the importance of keeping a rental property in good condition.Research conducted by Endsleigh Insurance and TrustMark claimed that over 75% of landlords s

Sub-letting fees should not be more than 40

Sub-letting fees should not be more than 40

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Sub-Letting Licenses: (SOLITAIRE) LIMITED Appellant and CHERRY LILIAN NORTON and other cases [2012]Landlords of leasehold buy-to-let flats are often asked to pay a fee (sub-letting licence or registration fee) to the freeholder when seeking permission to sub-let their flat,

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 &amp; 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

Tenancy Deposit Documentation

Tenancy Deposit Documentation

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What do I need to do when I protect my tenant/s deposit? If you take a deposit from your tenant/s you MUST protect the deposit and serve your tenants with the correct documentation within 30 days or face having to pay a fine and the prospect that you cannot use the s21 evict

ITZA revisited

ITZA revisited

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A clear explanation of ITZA and rent review zoning — why old ITZA measurements may not always apply in new rent reviews.