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
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
Serving Notices: Landlords and agents often get confused as to how they should serve Notices on their tenants.Ordinarily it wouldnt matter what method is used, but if you end up in court with a possession or money claim, or some such court action, then what and how you se
Tenant are Consumers: The UK Consumer Protection law applies to letting agents and landlords alike when they advertise a property to let or create a new tenancy. It also applies to most private landlords when they deal with letting agents, unless they operate as a company.
Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob
Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo
Tax Relief: Starting from 6th April 2017, those landlords with mortgages will have tax relief on their buy-to-let mortgage costs gradually reduce over a 4-year period.Many landlords dont have a mortgage (up to 50% it is said), so this change does not affect them, but many
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
Landlords owe a duty of care to their tenants, in particular to protect them from injuries caused by any defects in the rental property
Letting agents have warned that introducing rent controls for purpose-built student accommodation in Scotland will have a “chilling” effect on investment.
A new coalition in the capital aims to accelerate the removal of unsafe cladding on residential buildings over 11 metres.
The government has rejected calls to introduce an additional pet damage deposit as part of the Renters’ Rights Bill.
Starmer’s migrant housing scheme and incoming legislation are pushing landlords to rethink their strategy. With market prices still high, smart landlords are selling underperforming properties now to reinvest later when prices drop. Landlord Sales Agency offers a fast, profitable way to sell and sta
Exempting build-to-rent developers from future rent controls in Scotland could result in a two-tier market and an unworkable system.
The government has been urged to clamp down on central London’s short let sector after new research found at least half were being rented out unlawfully.
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.
A landlord who failed to license his unsafe and overcrowded HMO has failed in his bid to have a £11,000 fine dismissed.
Energy costs are a major concern for landlords and tenants. Save on energy consumption and make your tenants’ homes more comfortable
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.
Housing minister Matthew Pennycook has hinted that extra powers to stop holiday lets and second homes may be needed - including planning permission.
Westminster City Council has launched a tenants’ charter aimed at helping private renters better understand their rights, improve living standards, and access support services.
A Portsmouth landlord has launched an online petition in a bid to stop councils using heavy-handed criteria when designing selective licensing schemes.
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 could get more choice about what type of energy efficient upgrades they fit in their properties under the government’s Warm Homes Plan.
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.
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.
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, it has been revealed.
The court system isn’t ready for the Renters’ Rights Bill, it was declared in the House of Lords this week.
A worrying 39% of landlords will probably exit the market within the next five years, according to the latest poll.
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 and letting agents feel prepared for the new mandatory sanctions checks on all landlords and tenants.
