Rent Arrears: At this time of year, soon after the Christmas spending spree, inevitably rent payments begin to suffer. If you are having problems with rent arrears, this article should help.As in most areas of life,prevention is better than cure . To re
Tax Return 2016-2017: As a general rule, and as outlined in the previous articles in this series on tax returns, landlords can claim the expenses of running and maintaining their rental properties.If the rent you charge includes additional services like water, or council tax
Tax Return 2016-17: With some costs its very easy to decide: a repair to a drain, downspout or roof tile are all allowable expenses, but what about replacing a broken single glazed window with a new plastic frame and double glazing, what about decorating and installing a
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 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
Damp & 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
Renting Standards: Specialist residential property solicitor Amanda Sutcliffe of Bray & 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 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,
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
Essential guide to rent reviews: why reading the lease is crucial for landlords and tenants to navigate rent adjustments effectively.
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
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
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
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
Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.
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
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
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
Disgruntled landlords have started legal action against Middlesbrough Council in a bid to squash its upcoming selective licensing scheme.
We’ve all seen the headlines, from mixed-message articles to advice from experts and landlords, but if now REALLY is the best time to sell, how can we ensure we’re getting the highest amount in the fastest time?
Letting agents are concerned that increasing numbers of landlords are exiting the market.
The capital’s rental market continues to show signs of slowing down, with prices rising by just 1% year-on-year in May while the number of viewing request per property has dropped too.
Fergus Wilson has questioned whether new Reform UK leader Nigel Farage would restore Landlord Tax to the previous headline rate and put Capital Gains Tax down to a flat 10% for all landlords - the level of tax paid if held in a company.
Generation Rent has called for private rented homes to be brought into public or tenant ownership in its list of demands for the next government.
The rise of ‘built-to-rent’ homes as a major competitor for tenants with private landlords took a leap forward this week after two US firms revealed they had bought 1,750 homes off a UK builder that will now be rented out rather than sold.
When the terms of a commercial renewal lease cannot be varied in the agreed between the parties, according to the provisions of the Landlord and Tenant Act 1954
Nearly a quarter of mortgages on mid-rise flats required an ESW1 form this year, despite government promises that leaseholders in these blocks affected by the cladding scandal would no longer need one when selling or remortgaging.
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 - 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
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
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.
<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
The Possession Procedure - 1988 Housing ActThe possession procedure under Section 8 of the Housing Acts 1988 & 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 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,
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
<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
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
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
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
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
Letting and residential property fully furnished, part-furnished or unfurnished in England & 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
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
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
Running a Successful Bed & Breakfast Guest HouseRunning a successful Bed & 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 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
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 & 199
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
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
