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
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
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
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
Guide to commercial tenancy rent-free periods and full repairing leases, explaining tenant obligations on lease expiry or termination.
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,
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
Understand how to assess tenant covenant strength and why it’s key to commercial property investment decisions.
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
The Scottish government wants landlords’ views on its new Housing Bill, which focuses on rent control and tenants’ rights.
A leading landlord has warned that Labour’s radical plans for the private rental sector are deeply worrying and could easily lead to a wholesale exit from the sector.
A landlady in London faces prison unless she pays a Proceeds of Crime Act Confiscation Order totalling £51,983.
Leaseholders who pay ground rents are to have their levy capped at a maximum amount of £250 as Gove is forced to water down his radical proposals
An appeal court judge has granted 134 property investors leave to contest a single ‘class action’ claim against a solicitor which is alleged to have provided negligent professional advice on an investment scheme.
In this post, Tom Entwistle sets out the principles that he has used over his successful 50-year landlording career.
Landlords travelling by London Underground might be shocked to find themselves as the butt of a joke used to sell coffee.
Landlords are to face one of the most significant changes to how they rent out properties in their lifetimes once the Renters (Reform) Bill becomes law.
Landlords hoping that theGovernment’s renting reforms might be kicked into the long grass will be disappointed today after it was revealed that The Renters (Reform) Bill will move to itsnext stage in parliament Wednesday 24th April.
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
Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a
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
