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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.

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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

News

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

Information

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

News

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

Information

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

Information

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

News

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

Information

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 ?

Information

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

Information

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

Information

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?

News

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

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OFFICIAL: Huge increase in tenants challenging rent increases

OFFICIAL: Huge increase in tenants challenging rent increases

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News
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Opinion
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New research has shown a huge increase in tenants challenging rent increases in Scotland since an updated procedure was introduced on 1st April.

Building a successful buy-to-let business: who do you need?

Building a successful buy-to-let business: who do you need?

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Building a successful buy-to-let business requires a strong team of advisors to manage finances, legalities, and property management effectively.

Embrace landlords instead of attacking them, leader urges politicians

Embrace landlords instead of attacking them, leader urges politicians

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News
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A leading private rented sector figure has called on both the Scottish and English governments to embrace landlords as part of the solution to problem within both countries housing markets.

NRLA to train social housing providers

NRLA to train social housing providers

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Our award-winning Training Academy is set to expand its offer this summer, launching bespoke training courses for social housing providers.

Leading lettings portal warns rent controls will be 'disastrous'

Leading lettings portal warns rent controls will be 'disastrous'

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News
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One of the largest letting agencies in Scotland has warned within a new report that the SNP’s continued efforts to introduce tougher rent controls will have a ‘disastrous’ impact on an already struggling private rented sector.

Surrey council does U-turn on restrictions for smaller HMOs

Surrey council does U-turn on restrictions for smaller HMOs

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News
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A council in Surrey is getting reading to restrict landlords seeking to convert houses into small HMOs next year.

BOOMING: London luxe rentals that cost £25,000 a week

BOOMING: London luxe rentals that cost £25,000 a week

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News
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London’s super-luxe landlords have seen a big boom in £25,000-a-week rentals as taxation fears have prompted the wealthy to rent rather than buy.

NEW: Labour now has more landlord MPs than Tories

NEW: Labour now has more landlord MPs than Tories

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News
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Three of the top five landlords in parliament are now Labour MPs, including the biggest landlord, new MP Jas Athwal.

Property dealer to pay £700,000 after court case

Property dealer to pay £700,000 after court case

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News
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A property dealer who was involved in dealings with a controversial property investment company, Home Reit, has been ordered by a court to pay £700,000 to an intermediary.

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

Common Law Tenancies

Common Law Tenancies

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These are tenancies that fall outside the scope of the Housing Acts (1988, 1996, 2004), including the Regulated Tenancies, Assured Tenancies (AT) and Assured Shorthold Tenancies ASTs.In the case of a common law residential tenancy , the tenant's rights and obligations are ma

Business Tenancies

Business Tenancies

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What are Business Tenancies ?A tenancy is an "estate in land", granted for a determined period of time (term of years or fixed term - 6 months,1 year, 21 years, 99 years etc) or a specific period (a periodic tenancy - yearly, monthly, weekly, even daily).In return for the "time lim

Gas Safety

Gas Safety

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Landlord's Duty to Ensure Installations are SafeAll Landlords have a common law duty to ensure that gas installations and appliances supplied with their properties are safe. Tenants also have certain legal obligations when it comes to gas safety - see below.I

Gas & Electrical Certificates

Gas & Electrical Certificates

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Landlords' Gas and Electrical Safety Certificates:As a landlord, or as a letting agent acting on the landlord's behalf, you have a legal obligation to ensure that your accommodation is completely safe for your tenants.Several statutory regulations and general common law requirement

Furnished or Unfurnished

Furnished or Unfurnished

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Letting and residential property fully furnished, part-furnished or unfurnished in England &amp; Wales no longer has any implications regarding security of tenure for the tenant or for taxation. However, Council Tax and the 10% Depreciation Allowance may be affected - you don't pay Council Tax du

Fire Certificate

Fire Certificate

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What was the Fire Certificate is no longer required as it was previously under the Fire Precautions Act 1971 for hotels, boarding houses, factories, offices, shops and railway premises. All these premises must comply with Fire Regulations, now covered by t

False Statements By Tenants

False Statements By Tenants

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Ending a residential tenancy on the ground of "false statement by the tenant "The Housing Act 1988 as amended by the Housing Act 1996 makes provision for the possession of residential properties let under Assured and Assured Shorthold Tenancies.However

Bed & Breakfast Business

Bed & Breakfast Business

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Running a Successful Bed &amp; Breakfast Guest HouseRunning a successful Bed &amp; Breakfast Business from the comfort of your own home has many advantages and rewards as far as being self employed is concerned:</

Taking in a Lodger

Taking in a Lodger

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Taking in a LodgerIf you're considering taking a lodger there are some important things to think about first. Most of its common sense, but its a good idea plan carefully and get things right.[list type='3'] <ul <li Taking in Lodgers is a good way to earn extr

Section 8 Notices

Section 8 Notices

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Obtaining Possession Using Section 8 NoticesThis article explains how to gain possession of your residential rental property using the Section 8 procedure.Section 8 is a breach of contract court procedure.There are 17 grounds for possession listed in the Housing Acts 1988 &amp; 199

Get Notice Dates Right

Get Notice Dates Right

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How do I Ensure Notice Dates are Correct?Landlords and letting agents, at various times during a tenancy, may need to serve legal notices on their tenants.It is vital that not only do you complete and serve the notice in such as way that it is valid, but that you can

Section 21 Notices

Section 21 Notices

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Obtaining Possession - Section 21 Notices: This article explains how to gain possession of your residential rental property in the most efficient way. You may just want your property back for your own use, or to sell, or you may be having problems with the tenant, such as re