In this in-depth private rented sector legislation special, Eddie and Paul are joined by David Smith, head of property litigation at JMW Solicitors. The discussion kicks off with the recent landmark Rakusen v Jepsen rent repayment order case, where David represented the NRLA and which, he e
Youve made the decision to sell, and beat the market drop and increased costs. But where do you turn? Estate Agents can get you a high price, but theyll take far too long. Auctions can sell super-fast, but you might be compromising on price. <figure id="" class="w-richtext-figure-t
Generation Rent is calling on the government to extend Awaabs Law to the PRS after its survey found 1,106 private rented homes in England with dangerous levels of damp and mould. A Freedom of Information request by the campaign group found that the 65 councils which reported
Eddie Hooker, Chief Executive of insurance company the HFIS Group, has called for action to combat the murky end of the rent-to-rent market. Talking during an video interview with LandlordZONE , Hooker said action was needed to increase transparency w
A tenancy mediator has warned landlords that they or the experts they hire - risk being jailed for contempt of court by not using a regulated solicitor to fill in possession notice claim forms. PRS Mediations Julie Ford (pictured) says that under the L
An 80-year-old disabled woman is being evicted from her home after more than 60 years because her property wont pass tighter new EPC rules, a case which is believed to be the first of its kind. Thoresby Estate which owns Anne Marshs property in Edwin
Increasing the Local Housing Allowance would be the quickest way for the government to improve access to affordable homes, say housing charities. According to analysis by the Institute for Fiscal Studies (IFS), in 37 local authorities, the gap between market rents for three-bedr
The director of a property management firm has been fined more than �25,000 after dangerous electrics were discovered at an HMO in Northampton. West Northamptonshire Council issued a warrant in May 2022 after tenants raised concerns about the property in Lutterwor
Landlords in the North East have complained that a rubber stamped selective licencing scheme is a pure waste of time� and that they are fed up being taxed in this way�. The comments concern Middlesborough councils plans to extend its licencing scheme in the ce
Landlords will be looking for more government support to make energy efficiency improvements while hoping for some tax burden relief in the upcoming Budget. With EPC deadlines looming, many want greater incentives to back up the https://www.gov.uk/apply-boiler-upgrade-s
A new How to Rent guide will come out on Friday (17th March) which landlords in England must serve at the start of any new tenancy or renewal. The new guide forms part of the prescribed information landlords must issue, and if they dont
Scottish MSPs have voted through a rent cap and extension of the eviction ban until 30th September. The rent cap for private sector tenancies will increase to 3% from 1st April under the amendment to the https://www.gov.scot/publications/cost-living-ten
All HMO landlords in Worcester will soon have to buy a licence if councillors back a new additional licensing scheme. The city has operated an additional scheme since September 2015 but amended it in 2020 to cover only the wards of Arboretum, Bedwardine, Cathedral and St Clement
Landlords have been left out of measures announced today designed to support mortgage holders during the cost of living crisis. The guidance, which has been issued by the Financial Conduct Authority (FCA) updating borrowers responsibilities to their existing mortgage holders,
A landlord who tried to claim that he was the superior landlord of an unlicensed HMO has failed in his bid to avoid paying a Rent Repayment Order. In the first RRO case since the landmark�
The British Property Federation (BPF) has called on the government to zero rate VAT on building repair and maintenance to incentivise essential upgrades across the residential sector or risk missing its 2050 net zero target. In the run-up to next weeks Budget, it says the
A Suffolk councillor has spoken out against targeting private landlords with tougher regulations when authorities face similar problems with their own housing stock. Both Babergh and Mid Suffolk councils have agreed that civil penalties of up to �30,000 should be used to deter
NRLA boss Ben Beadle clears his name, confirming he did not mislead MPs about private rental supply shortages.
A new Home Energy Efficiency Tool promises to help landlords and homeowners make their homes more energy efficient and reduce bills. The Nationwide Building Society initiative aims to provide information about their current energy use and will then outline the cost, energy or ca
Landlords face even longer waits than normal to evict tenants in London after two big landlords were told that bailiff operations are to be suspended for the foreseeable future. This unusual situation has been blamed by officials on now confirmed health and safety reaso
Rent reforms wont work until the real problem of affordable housing waiting lists is addressed, according to leading property expert Kate Faulkner. Although MPs are focusing on the PRS, the housing crisis is nothing to do with the private sector, believes Faulkner, who sugges
Traditional landlords in the Midlands face growing competition as the region looks set to witness a big expansion in the build-to-rent sector. Birmingham led the way nationally in 2021, according to JLL, which reports that of the pipeline of 50,000 BTR homes outside London, 11,3
Landlords have increasingly fewer BTL mortgages to choose from as lenders withdraw products amid a rise in average fixed rates. Moneyfacts reports that since the beginning of last week, the number available has dropped from 2,748 deals to 2,343 while the average rate on two- and
A rogue landlord has lost a landmark case after she failed to convince an Upper Tribunal to overturn her banning order. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/63bef2f3c329eff8e3a4af45/64cb99f6e035517f
Landlords in Scotland face further pain after it was announced today that it will for a second time extend the rent cap and evictions freeze first introduced in October last year to help combat rising inflation. The measures within the Cost of Living (Tenant Protec
The burgeoning build-to-rent (BTR) sector has been warned not to rest on its laurels as new research reveals slipping customer service standards. Consultancy hereSAYs BTR Mystery Shopping Benchmark Report found that although the developments still prese
Eleven tenants have been found crammed in a squalid and illegal HMO during a dawn raid on a three-bedroom house in Wembley. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/63bef2f3c329eff8e3a4af45/64cb9a422825
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
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
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? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
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 & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
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
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 & Wales (the rules in Scotland & Northern Ireland are similar but
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 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
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
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
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 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
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
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. 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
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 - 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
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
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 - 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 - 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 - 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 - 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
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 - 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
