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Case Law: planning law and the right to light

Case Law: planning law and the right to light

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In Beaumont Business Centres Ltd v Florala Properties Ltd (2020) the High Court considered the legal position regarding a serviced office providers right to light following an adjoining apathotel development. Beaumont Business Centres Limited took out an injunction against Fl

Test Case: Landlord's consent with mutual and absolute covenants

Test Case: Landlord's consent with mutual and absolute covenants

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In this case - Duval v 11-13 Randolph Crescent Ltd - reached the Supreme court in May 2020 after a tenant in a block of flats had requested the landlords consent for alterations, but disputed by another tenant in the same block, objecting to the landlord giving consent. Under

Why does it feel like the Tories have turned on landlords? Here's one answer

Why does it feel like the Tories have turned on landlords? Here's one answer

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Whatever their politics, many landlords are wondering why successive Conservative governments have proved to be so hostile to buy-to-investors, given its former party of the landlord moniker. This includes the 3% stamp duty increase, Section 24 tax relief reductions, the a

David Coughlin: how I escaped recession era Liverpool to build a 100-property portfolio

David Coughlin: how I escaped recession era Liverpool to build a 100-property portfolio

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David Coughlins journey from the son of an unemployed Bootle docker to a 100-property portfolio landlord is one of the private rental markets more extraordinary journeys. Now pushing fifty years old, it was in his mid-20s that he began investing in property. Co

Queen evicts couple over �32 bill, revealing Royal Household is exempt from evictions ban

Queen evicts couple over �32 bill, revealing Royal Household is exempt from evictions ban

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Landlords might feel slightly peeved to discover that the Queen is exempt from the current eviction ban. As a landlord, her Majesty rents out a number of Royal Household properties, but unlike every other landlord in the UK whos up against the evictions ban until next year, s

TV property tycoon rejects claim he's a 'notorious rogue landlord'

TV property tycoon rejects claim he's a 'notorious rogue landlord'

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Multi-millionaire property tycoon Andrew Panayi (pictured, above) has hit back at councillors who dubbed him a notorious rogue landlord�. Islington Council refused planning permission for a two-bedroom flat in Londons Caledonian Road, submitted by Panayi who infamously,

LATEST: Disappeared guest house investment couple re-emerge in Oz

LATEST: Disappeared guest house investment couple re-emerge in Oz

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A property investment guru couple who disappeared leaving disappointed participants in their investment schemes puzzled as to their whereabouts have popped up as spiritual leaders in Australia. Marta and Lloyd Smith - now known as Riya Loveguard and Aeron Lazar - ran Home

Landlords must 'go green' as government reveals gas boiler ban for rented properties

Landlords must 'go green' as government reveals gas boiler ban for rented properties

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The Government is to phase out gas by 2035 as part of its green ten-point plan announced this week, meaning millions of boilers across the private rented sector are on borrowed time. CEO of the Chartered Institute of Plumbing and Heating Engineering (CIPHE), Kevin Wellman, under

Reluctant landlords: cladding woes force owners to let out properties at a loss

Reluctant landlords: cladding woes force owners to let out properties at a loss

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Thousands of leaseholders are stuck in their flats because they cannot sell due to unsafe cladding installed on their high rise blocks. Sales are stalled because potential buyers cant obtain a mortgage until the defective cladding is replaced and the building declared safe by a specialis

Legal Case: Rogerson v Bolsover District Council '� landlord's liabilities

Legal Case: Rogerson v Bolsover District Council '� landlord's liabilities

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Landlords owe a duty of care to their tenants to make sure, as far as is reasonably possible, to be sure a property is safe, both at the commencement and during the course of a tenancy. This Court of Appeal case in 26 February 2019 relates to a council tenancy, though its implic

Watch out for parking space scammers, warns landlord

Watch out for parking space scammers, warns landlord

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Landlords are being warned to beware of scammers renting out parking spaces outside their properties following a expose on national radio. Landlord Simon Gallagher had to install bollards after someone began advertising his tenants driveway to commuters for �8 a day. <p i

Landlords renewing their licence in Wales MUST now complete regular property inspections

Landlords renewing their licence in Wales MUST now complete regular property inspections

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Welsh landlords renewing their licence with Rent Smart Wales after 23rd November now need to organise regular mandatory property inspections. The new condition - introduced&nbsp;by Rent Smart Wales for any new landlords&nbsp;signing up from 1st July and any rene

TRENDING: Struggling hotels begin converting into HMOs to survive

TRENDING: Struggling hotels begin converting into HMOs to survive

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A woman hoping to convert her 32-bedroom hotel into an HMO after being hit hard by Covid could spark a trend for more owners moving into the private rented sector. Andreani Ahooie, whos run the https://www.longviewhotel.com/" target="_blank" Longv

Warwick University accused of leaving 500 private landlords in the lurch

Warwick University accused of leaving 500 private landlords in the lurch

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Hundreds of landlords face trying to find new tenants for their student HMOs after the University of Warwick ditched its property management scheme. Under its Head Lease Scheme, landlords signed-over their houses to the university for years at a time for guaranteed rent, which

Legal Issue '� is the heating system in a rental property fit for purpose?

Legal Issue '� is the heating system in a rental property fit for purpose?

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Tenants may complain, or as in the following case, the councils inspectors may deem it to be the case, that the system supplied is inadequate for safe living. The Aldford Two LLP v Bristol City Council appeal (2010 Residential Property Tribunal - RTP) against an improveme

Landlords must now issue TWO Section 8 notices to get around 'crazy' eviction rules

Landlords must now issue TWO Section 8 notices to get around 'crazy' eviction rules

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Increasing numbers of landlords are being forced to issue a second Section 8 notice to tenants who have stopped paying their rent as the sector grapples with the crazy evictions rules in place now, it has been claimed. The UKs leading lettings industry trade body ARLA P

Zero to Hero: John Howard - how it all began

Zero to Hero: John Howard - how it all began

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John Howard has had a lot of fingers in different property pies over the past 45 years, working his way up from being the son an estate agent to a major figure within the property industry. As well as being a significant portfolio landlord he is also a developer and consultant,

WARNING! Why many 'guaranteed rent' providers need careful vetting before you commit

WARNING! Why many 'guaranteed rent' providers need careful vetting before you commit

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The lettings market is evolving very fast and with extensive experience in the sector, https://www.martinco.com/" Martin &amp; Co MD Eric Walker - who is also a https://www.theprs.co.uk/" Property Redre

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Labour has just one job to do - stabilise the rental market, says agency

Labour has just one job to do - stabilise the rental market, says agency

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Good landlords have little to fear from a Labour government if it can stabilise the economy to support the property market and make renting easier and less volatile, according to one letting agent.

'Levelling up' dropped by Angela Rayner from housing department name

'Levelling up' dropped by Angela Rayner from housing department name

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Angela Rayner has revealed that the Department of Levelling Up, Housing and Communities that it is to drop ‘levelling up’ from its name and concentrate on ‘basics not gimmicks’.

Kemi Badenoch named shadow housing secretary by Sunak

Kemi Badenoch named shadow housing secretary by Sunak

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Wannabe Tory leader Kemi Badenoch has been appointed by Rishi Sunak as his shadow housing secretary.

Cut your losses says landlord: Why this month’s mortgage rates are causing landlords to sell

Cut your losses says landlord: Why this month’s mortgage rates are causing landlords to sell

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If you were looking for a sign on whether or not to downsize or expand your property portfolio, this weeks’ news provided mixed messages on how landlords might be affected by Buy-to-let (BTL) mortgage rates.

Introducing Portfolio

Introducing Portfolio

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Introducing Portfolio: discover our new digital resource designed to streamline landlord operations.

Chancellor confirms no-fault Section 21 evictions ban

Chancellor confirms no-fault Section 21 evictions ban

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Chancellor Rachel Reeves has today revealed Labour’s post-election plans to get the housing market moving but also confirms Section 21 evictions will go.

Khan eyeing more housing powers after Labour victory

Khan eyeing more housing powers after Labour victory

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London Mayor Sadiq Khan is confident he will be able to push ahead with a massive house building programme in the capital and new powers to control the housing market.

Landlord in hot water over 'no WFH' rental advert

Landlord in hot water over 'no WFH' rental advert

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A landlord has got into hot water for telling prospective tenants that they’re not allowed to work from home.

Coroner calls for landlord register following tenant death

Coroner calls for landlord register following tenant death

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A coroner has called on the government to set up a private landlord register in England after the mould-related death of a tenant.

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

A Check List for Serving a Valid Section 21 Notice

A Check List for Serving a Valid Section 21 Notice

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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 &amp; 2004) provides a means of re-gaining possession of a residential property in England &amp; Wales. Other UK jurisdictions are similar but there

Tenant's Notice to Quit

Tenant's Notice to Quit

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How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a

Agricultural Tenancies

Agricultural Tenancies

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Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati

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 &amp; Wales are regulated by the Landlord &amp; 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.