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New service charges rules in commercial property

New service charges rules in commercial property

News

Commercial: A new set of mandatory rules introduced from 1stApril 2019 and though the document itself is titled a first edition, itsupersedes 3 previous editions published as codes of practice. The RICS (Royal Institution of Ch

Security & Locks - Buy to Let Renovation & HMO Projects

Security & Locks - Buy to Let Renovation & HMO Projects

Information

Security: Renovating a buy-to-let property can be a great way for landlords to increase the rental income

My tenant left without telling me...

My tenant left without telling me...

Information

Abandonment: When times get hard the instances of tenants leaving without notice are known to increase. Doing a runner�, skipping� moonlight flitting� walking away� or gone away� and in the words of the immortal song;

What happens if someone other than the tenant pays the deposit?

What happens if someone other than the tenant pays the deposit?

Information

Tenancy Deposits: According to TDS (Tenancy Deposit Scheme) less than 1% (0.85%) of tenancies they handle have resulted in a deposit dispute in the year to March 2018, nevertheless its important to get it right when dealing with tenants' deposits.Cleaning was the most com

The Condensation Conundrum

The Condensation Conundrum

News

Viewpoint by Tom Entwistle As winter approaches outside temperatures drop and the perennial landlords problem of winter condensation and black mould rear their ugly heads again.The question is, how do you know if this is caused by the building or the tenant, or is it a co

Tax on income from lodgers and short stay tenants

Tax on income from lodgers and short stay tenants

Information

Landlords' Tax: Internet sites, such as AirBnB, have increased the number of landlords letting to lodgers and to guests on short stays. There are specific tax benefits to this type of letting business which are expanded upon below.Furnished holiday letting</st

Section 21 Notices - for older tenancies in England

Section 21 Notices - for older tenancies in England

Information

Section 21: Most tenancies will never require the service of a Section 21, Housing Act 1988, (eviction) notice. However, on those occasions when it does become necessary, and you just never know, landlords (and agents) will thank their lucky starts they complied with the rul

Asbestos and Your Responsibilities as a Landlord

Asbestos and Your Responsibilities as a Landlord

Information

Asbestos:Asbestos regulations were last updated in 2012 , bringing the UK in line with EU regulations, which means the current regulations have been in place long enough for most

The importance of a Tenancy Application Form

The importance of a Tenancy Application Form

Information

The Application Form You should always use a comprehensive Tenancy Application Form when taking on a new tenant. You need a completed application for each adult tenant in the property.The Tenancy application form is a very important starting point for any residential or comm

Assured Shorthold Tenancy Ends

Assured Shorthold Tenancy Ends

Information

End of an AST: Questions: What happens when an Assured Shorthold Tenancy (AST) comes to an end? Will the tenant have to leave or does she need to sign a new agreement? What if a tenant wants to leave early? How long can a periodic tenancy last?When the fixed term (minimum of

Freehold, Shared Freehold or Leasehold?

Freehold, Shared Freehold or Leasehold?

Information

Landlords often buy flats which are either Leasehold or Shared Freehold. What are these tenures and what should landlords look out for in these different forms of ownership?Leasehold is one of three forms of tenure (property/land ownership) almost exclusively peculiar to the United Kingdom, thoug

My Tenant Won't Allow Access!

My Tenant Won't Allow Access!

Information

Landlord's Access to Property: Many landlords will have experienced a tenant denying them access to a property - whether for an inspection, viewings or legal duties. Its easy to understand the view of Its my property, I can enter when I want, but unfortunately th

New Section 21 Rules

New Section 21 Rules

Information

New Rules for Section 21 :Landlords and Agents need to be aware of the changes affecting Section 21 rules and Notices and other changes for the letting of residential properties in England (and in many cases Wales) introduced during 2015 . This article explains the new rules

New algorithms to calculate EPC ratings

New algorithms to calculate EPC ratings

News

Many landlords have long suspected that the DCLG approved national calculation methodologies and software programs were seriously flawed when they produced EPC ratings for buildings following energy assessments.So news that new software is being introduced which is claimed to be more accurate is

How you serve a Notice can be just as important as what you serve'�

How you serve a Notice can be just as important as what you serve'�

Information

Serving Notices: Landlords and agents often get confused as to how they should serve Notices on their tenants.Ordinarily it wouldnt matter what method is used, but if you end up in court with a possession or money claim, or some such court action, then what and how you se

Consumer Protection - implications for Landlords & Agents

Consumer Protection - implications for Landlords & Agents

Information

Tenant are Consumers: The UK Consumer Protection law applies to letting agents and landlords alike when they advertise a property to let or create a new tenancy. It also applies to most private landlords when they deal with letting agents, unless they operate as a company.

Section 21 Notices

Section 21 Notices

Information

Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob

Condensation, the Landlord's Curse...

Condensation, the Landlord's Curse...

Information

Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo

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'Ministers need to let landlords know when Section 21 is going'

'Ministers need to let landlords know when Section 21 is going'

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News
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Figures across the private rented sector including TV star Paul Shamplina have warned that both tenants, landlords and letting agents need to know when the Section 21 eviction ban is going to take place.

Pro-landlord MP explains why he voted against renting reforms

Pro-landlord MP explains why he voted against renting reforms

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News
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Conservative MP Anthony Mangnall voted against the Renters Reform Bill, warning that removing fixed-term tenancies could reduce housing supply.

Labour plans to ban Section 21 immediately 'would cause chaos'

Labour plans to ban Section 21 immediately 'would cause chaos'

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News
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Abolishing section 21 as soon as the Renters Reform Bill gains Royal Assent would cause chaos in the sector and leave the statute book a “confusing mess”, according to the government.

MP's bid to make landlords pay tenants' moving costs rejected

MP's bid to make landlords pay tenants' moving costs rejected

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News
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Conservative MP Natalie Elphicke failed to convince the government to include relocation payments for tenants and to restrict tenancy grounds in its Renters (Reform) Bill.

Government agrees not to scrap selective licencing when Portal goes live

Government agrees not to scrap selective licencing when Portal goes live

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News
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Environmental health officers have won a concession from the Government after it agreed not to stop councils using selective licencing schemes once England’s national property portal launches.

MPs vote through renting reforms including landlord-friendly changes

MPs vote through renting reforms including landlord-friendly changes

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News
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The Renters (Reform) Bill has been voted through its final stage in the Commons and, much to some MP's annoyance, containing several new concessions to landlords.

'Landlords and tenants need clarity on how new pets rules will work'

'Landlords and tenants need clarity on how new pets rules will work'

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News
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Animal welfare charity Battersea has called for more details on what constitutes ‘reasonable grounds’ for refusing a tenant’s request to keep a pet, in the Renters Reform Bill.

Plans to let tenants move out at short notice will 'disrupt market'

Plans to let tenants move out at short notice will 'disrupt market'

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News
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A leading build-to-rent firm boss has urged the government to approve an amendment in the Renters Reform Bill preventing tenants from ending contracts in the first six months – or face disrupting the market.

Do tenants need more rights to have pets? Take part in our quick survey

Do tenants need more rights to have pets? Take part in our quick survey

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News
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Tell the politicians whether you agree with their plans to give tenants more rights to have a pet in a rented property.

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