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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

Information

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'�

Information

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

Information

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

Information

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

News

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

Information

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

Information

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

Information

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

Information

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

Tenancy Deposit Documentation

Tenancy Deposit Documentation

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What do I need to do when I protect my tenant/s deposit? If you take a deposit from your tenant/s you MUST protect the deposit and serve your tenants with the correct documentation within 30 days or face having to pay a fine and the prospect that you cannot use the s21 evict

ITZA revisited

ITZA revisited

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A clear explanation of ITZA and rent review zoning — why old ITZA measurements may not always apply in new rent reviews.

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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Exclusive: Brighton says new HMO rules will be among the 'toughest in the UK'

Exclusive: Brighton says new HMO rules will be among the 'toughest in the UK'

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News
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After a consultation and a green light from the Secretary of State, the city's new property licensing net is set to get much tighter on June 6th. </h2>Brighton and Hove Council isset to hit landlords with some of the toughest licensing rules in

Can't rent out your property? We'll pay you if you help the homeless, says council

Can't rent out your property? We'll pay you if you help the homeless, says council

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News
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Opinion
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A large local authority in Cumbria is calling on landlords who own empty properties they can't rent out during the Coronavirus crisis to open them up to the council's guaranteed rent scheme, and help homeless people. </h3>Private landlords in C

Renting in 2030 – Deposits

Renting in 2030 – Deposits

Opinion
News
Podcast
Opinion
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Exploring the future of rental deposits, including lifetime deposit schemes and tenant-managed custodial options, to enhance affordability and flexibility.

Only “serious and urgent repairs” should be attempted, says new government guidance

Only “serious and urgent repairs” should be attempted, says new government guidance

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News
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Opinion
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Repairs and Maintenance: Residential landlords (private and social landlords) are being advised by

Short lets industry launches property website for NHS staff

Short lets industry launches property website for NHS staff

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News
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Short-termlet landlords and property agents are being encouraged to offer NHS staff afree place to stay during the pandemic. A new industry initiative - https://www.nhshomes.co.uk" target="_blank" nhshomes.co.uk - is hooking up medical

Want to return to live in your rented-out property?

Want to return to live in your rented-out property?

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News
Podcast
Opinion
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Re-possession: During the presenthealth crisis, with everyone on virtual lock-down, new lettings areon hold, but when normality resumes, as it surely will, people willwant to let out their own homes on a temporary basis. Whether

BREAKING: Direct Line confirms doors closed to all new rent guarantee policy claims

BREAKING: Direct Line confirms doors closed to all new rent guarantee policy claims

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News
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Opinion
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One of the UK's largest insurance companies says there is no legal framework available to it that would enable the insurance giant to pay claims now that evictions have been suspended for three months by the government. One of the UKs lar

How can you support your tenant's mental wellbeing, as well as your own?

How can you support your tenant's mental wellbeing, as well as your own?

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News
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Today (Wednesday 18 March) is https://mhfaengland.org/my-whole-self/" Mental Health First Aid (MHFA) shttps://mhfaengland.org/my-whole-self/" MyWhole Self Day , which is all about encouraging employees andcolleagues to embrace and share their identitie

Enforcement – a thankless task

Enforcement – a thankless task

Opinion
News
Podcast
Opinion
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Information

The other week, I had the opportunity to shadow the Harrow Council Housing Enforcement Officers, who feature with me on for Channel 5's Nightmare Tenants Slum

Give landlords more time to improve EPC or risk rental shortages, says bank

Give landlords more time to improve EPC or risk rental shortages, says bank

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News
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Opinion
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A proposed 2030 deadline won’t give landlords time to get their properties to EPC C and could cause them to quit, according to Paragon Bank.

Landlord pays a high price for ignoring HMO rules - £11,000

Landlord pays a high price for ignoring HMO rules - £11,000

News
News
Podcast
Opinion
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A landlord who failed to license his unsafe and overcrowded HMO has failed in his bid to have a £11,000 fine dismissed.

GUIDE: What to do as energy costs go through the roof

GUIDE: What to do as energy costs go through the roof

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News
Podcast
Opinion
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Energy costs are a major concern for landlords and tenants. Save on energy consumption and make your tenants’ homes more comfortable

HMO landlords 'culpable' as council tackles fly-tipping epidemic

HMO landlords 'culpable' as council tackles fly-tipping epidemic

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News
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Opinion
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A leading London council has revealed plans to clamp down on HMOs and the ‘fly tipping’ and rubbish their residents create, and has pointed the finger at both landlords and letting agents for not doing enough to stop the problem.

Minister says 'more powers to regulate holiday let landlords' may be needed

Minister says 'more powers to regulate holiday let landlords' may be needed

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News
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Housing minister Matthew Pennycook has hinted that extra powers to stop holiday lets and second homes may be needed - including planning permission.

Big London council launches 'tenants' rights' charter

Big London council launches 'tenants' rights' charter

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News
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Westminster City Council has launched a tenants’ charter aimed at helping private renters better understand their rights, improve living standards, and access support services.

Landlord fighting licensing 'overeach' urges YOU to get behind new petition

Landlord fighting licensing 'overeach' urges YOU to get behind new petition

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News
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Opinion
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A Portsmouth landlord has launched an online petition in a bid to stop councils using heavy-handed criteria when designing selective licensing schemes.

Is this councillor offering Britain's most generous landlord deal?

Is this councillor offering Britain's most generous landlord deal?

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News
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Opinion
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Private landlords are being offered attractive letting and leasing deals by the Royal Borough of Greenwich in a bid to tackle its housing crisis.

Landlords to get access to 'expanded boiler upgrade scheme'

Landlords to get access to 'expanded boiler upgrade scheme'

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News
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Landlords could get more choice about what type of energy efficient upgrades they fit in their properties under the government’s Warm Homes Plan.

HMRC warns landlords off CGT avoidance schemes and closes loopholes

HMRC warns landlords off CGT avoidance schemes and closes loopholes

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News
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Opinion
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HMRC has made the unusual step of warning landlords not to use widely-routed tax avoidance schemes which it says are being marketed to buy-to-let investors as a way to save Capital Gains Tax.

Seven out of ten tenants haven’t heard of the Renters’ Rights Bill

Seven out of ten tenants haven’t heard of the Renters’ Rights Bill

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News
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A whopping 69% of renters haven’t heard of the Renters’ Rights Bill and 75% don’t understand how it might impact them, a new survey has revealed.

Bailiffs under pressure: The ripple effects of the Renters’ Rights Bill

Bailiffs under pressure: The ripple effects of the Renters’ Rights Bill

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News
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The Renters' Rights Bill is set to to overhaul the eviction process, with bailiffs increasingly under pressure.

House prices dropped in April as buyers paid thousands more in stamp duty

House prices dropped in April as buyers paid thousands more in stamp duty

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News
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House prices dropped in April as buyers paid thousands more in stamp duty, it has been revealed.

Courts aren't ready for Renters’ Rights Bill, Lords told this week

Courts aren't ready for Renters’ Rights Bill, Lords told this week

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News
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The court system isn’t ready for the Renters’ Rights Bill, it was declared in the House of Lords this week.

Two in five landlords plan to leave the market, survey predicts

Two in five landlords plan to leave the market, survey predicts

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News
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A worrying 39% of landlords will probably exit the market within the next five years, according to the latest poll.

Just 9% of homes sold by landlords in Scotland re-enter PRS market

Just 9% of homes sold by landlords in Scotland re-enter PRS market

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News
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Only 9% of properties sold by landlords in Scotland in a recent 12-month period returned to the private rented sector, a new survey has found.

Only a fifth of landlords ready for new mandatory sanctions checks

Only a fifth of landlords ready for new mandatory sanctions checks

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News
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Only a fifth of landlords and letting agents feel prepared for the new mandatory sanctions checks on all landlords and tenants.

Landlords investing in mixed-use property in bid for higher returns

Landlords investing in mixed-use property in bid for higher returns

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News
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More landlords are investing in mixed-use properties in their quest for more robust returns.

UK rent outside London hits record high of £1,349 monthly

UK rent outside London hits record high of £1,349 monthly

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News
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The average asking rent of a property outside of London has increased to a new record £1,349 a month, new data reveals.

Housing market cools as more properties hit the market

Housing market cools as more properties hit the market

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News
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The number of homes for sale has reached a new height as demand among house hunters “cools”, it has been revealed.

COMMENT: How do you get started investing in property?

COMMENT: How do you get started investing in property?

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News
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How do you get started investing in property? A recent post on our LandlordZONE Forums got me thinking about this question

Buckinghamshire tenants pay highest rents in the country

Buckinghamshire tenants pay highest rents in the country

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News
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Tenants in Buckinghamshire fork out for the highest rents in the country - even more than those living in London’s prime SW7 postcode.

Paragon Bank launches cheapest buy-to-let five-year fix in almost three years

Paragon Bank launches cheapest buy-to-let five-year fix in almost three years

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News
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Paragon Bank has launched its cheapest buy-to-let five-year fix in almost three years, becoming the latest lender to offer landlords more attractive deals.

London Renters Union protest against “slumlords”

London Renters Union protest against “slumlords”

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News
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London Renters Union protested against “slumlords” in the capital at the weekend, calling for housing justice for all.

Older tenants face less financial security in retirement than owners

Older tenants face less financial security in retirement than owners

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News
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Older renters are heading for a bleak retirement with significantly less financial security than their homeowning peers.