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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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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

How to do a rent review - Part 2

How to do a rent review - Part 2

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Essential guide to rent reviews: why reading the lease is crucial for landlords and tenants to navigate rent adjustments effectively.

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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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

Is rent in advance a deposit?

Is rent in advance a deposit?

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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

Minimum EPC Rating for Rental Properties after 2018

Minimum EPC Rating for Rental Properties after 2018

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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

Leasehold Repairs and Disputes

Leasehold Repairs and Disputes

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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

How to do a rent review - Part 1

How to do a rent review - Part 1

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Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.

Returning Deposits when in breach of the rules'�

Returning Deposits when in breach of the rules'�

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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

Tenancy Deposits, Superstrike and the Deregulation Act

Tenancy Deposits, Superstrike and the Deregulation Act

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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

Tenant's Liability to Pay Council Tax

Tenant's Liability to Pay Council Tax

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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

Tenant's Notice-to-Quit ' Periodic Tenancies

Tenant's Notice-to-Quit ' Periodic Tenancies

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Ending a Tenancy: What are the rules governing the ending of a statutory periodic tenancy (SPT) by the tenant, especially when the periods of the tenancy are not the standard 1 month?The answer to this question is not easily defined as it is not covered by one rule or a sing

mydeposits Issues Deposit Scam Warning

mydeposits Issues Deposit Scam Warning

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Deposit Scheme Scam: Mydeposits says it is aware of a new scam being used by a fraudulent company imitating mydeposits and targeting landlords and letting agent members of the mydeposits Custodial scheme in England & Wales.The scam uses an email which imitates one from m

Landlords and Agents Reminded about Burst Pipes

Landlords and Agents Reminded about Burst Pipes

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Freezing Pipes: This time of year, as we head towards colder weather and freezing conditions, buy-to-let properties and indeed all rental properties are vulnerable to potentially expensive winter water damageIn this article digital inventory app developer Imfuna Le

Rent-free period

Rent-free period

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Guide to commercial tenancy rent-free periods and full repairing leases, explaining tenant obligations on lease expiry or termination.

Safety Standards for Blinds and Curtains

Safety Standards for Blinds and Curtains

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Landlords and letting agents should by now be conversant with the 2014 regulations on blinds and curtains and the measures necessary to prevent accidents with children. It is particularly important to ensure that blinds and curtains supplied in rental properties meet these regulations, otherwise,

Repair Reporting Issues and Section 21

Repair Reporting Issues and Section 21

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Changes to the law on Section 21 and in particular how landlords deal with reported repair issues is now of crucial importance if section 21 claims for possession are to be successful. Careful pre-planning is now essential at the time of setting-up Assured Shorthold Tenancies (AST).The Section 21

Assessing Covenant Strength

Assessing Covenant Strength

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Understand how to assess tenant covenant strength and why it’s key to commercial property investment decisions.

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

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REVEALED: Main reasons given by landlords for raising rents

REVEALED: Main reasons given by landlords for raising rents

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Higher market rents is the most common reason given by landlords for a rent hike, affecting 20% of private renters, according to new research by Generation Rent.

Irish landlords to face rent controls promises Sinn Féin

Irish landlords to face rent controls promises Sinn Féin

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News
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Irish landlords are facing rent controls after one of the three main parties running for election next Friday (29th November) promised to ‘cut rents’ as the cost of living continues to be an issue.

Stopping landlords raising rents in between tenancies 'will not survive contact with reality'

Stopping landlords raising rents in between tenancies 'will not survive contact with reality'

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News
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Preventing landlords from raising rents in between tenancies is an idea - like rent controls - that simply “could not survive contact with reality”, says Scotland’s landlord body.

Minister commits to ending leasehold and making commonhold 'default tenure'

Minister commits to ending leasehold and making commonhold 'default tenure'

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News
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Landlords who have properties within ‘problem’ leasehold blocks have been given some good news following housing minister Matthew Pennycook confirmation that Labour will ‘end leasehold’ and make commonhold the ‘default’ tenure before the end of this parliament.

'We're being squeezed out in favour of corporates' says small portfolio landlord

'We're being squeezed out in favour of corporates' says small portfolio landlord

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News
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Smaller landlords are being forced out of the private rental sector in favour of corporate limited companies – and tenants will be the losers, according to one landlord who’s quitting.

Councils fine Midlands landlords £850,000 in ONE month

Councils fine Midlands landlords £850,000 in ONE month

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News
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Three rogue landlords have been fined a total of £403,079 for operating a network of unlicensed and unsafe HMOs, labelled “an orchestrated system of neglect for financial gain”.

We interview landlord blogger Suzanne Smith for our first podcast

We interview landlord blogger Suzanne Smith for our first podcast

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News
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New LandlordZONE podcast features Suzanne Smith sharing her journey from lawyer to full-time portfolio landlord.

HMOs generating highest yields for landlords at 8.34%

HMOs generating highest yields for landlords at 8.34%

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News
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BTL landlords enjoyed average yields of 6.72% in September, up from 6.69% at the end of the second quarter and 6.48% in the previous year.

REVEALED: Key reasons why landlord/tenant relationships sour

REVEALED: Key reasons why landlord/tenant relationships sour

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News
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New report reveals that it doesn't take much to tip a landlord relationship into something that a tenant sees as negative, particularly when landlords are largely portrayed negatively in mainstream media.

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