Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu
There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR
Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y
With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio
Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan
Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the
Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a
As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there
The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina
When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance
Elsewhere on LandlordZONE (at https://www.landlordzone.co.uk/information/what-is-a-section-25-notice" https://www.landlordzone.co.uk/information/what-is-a-section-25-notice and https://www.landlordzone.co.uk/information/what-is-a-section-26-notice-2 ) you can find out about sec
Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re
There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
Commercial Property :A commercial lease is based on contract law and a contractual agreement between landlord and tenant. The rules laid down are those as agreed in the lease agreement and are largely unencumbered by statutory rules, unlike the case with a residential tenanc
Holiday Lets : With the changes tothe tax rules many buy-to-let landlords are thinking of creative waysto overcome the loss of income. Their inability to claim tax reliefon their mortgage interest and the removal of their wear and tearallowance has made a
The Landlord & Tenant Act 1954 Part II deals with the leasing of Commercial (Business) Premises in England & Wales.Commercial (Business Tenancies) Landlord and Tenant Act 1954, Part II The Landlord and Tenant Act 1954 (the Act) is an important piece of legislation in
Its producers are looking for landlords who need help with a nightmare tenant or letting agent and are happy to feature in the show. Are you one of the millions of landlords who tune in to watch Channel 5s regular Nightmare Tenants Slum L
LandlordZONE understands that the huge task of sifting through 1,000's responses to the governments consultation on evictions reform, and the likely long process of getting the law through Parliament, will take at least 18 months. Landlo
Private Rented Sector Consultant a private rented sector consultant at letting focus and tenants renting guide David Lawrenson
Article 4 direction : Birmingham CityCouncil is introducing a city-wide direction for houses in multipleoccupation (HMOs) from 8 June 2020. An Article 4planning direction means that planning approval will be required forthe conversion of a famil
Capital Gains Tax: Owners of second homes and buy-to-lets that they have previously lived in should be aware that as from April 2020 the tax relief period allowed against capital against tax (CGT) will be reduced. As it is a present,when you se
Letting Agent Contracts: One common question asked by landlords is, "how do I terminate my relationship with my letting agent?"For one reason or another, landlords sometimes wish to end their relationship with their letting agent and want to know how to go about it.Requests
Housing secretary has resigned from her three roles, admitting her actions didn't meet the highest standards given her senior position in Government.
Seven in ten landlords are now open to tenants personalising their homes, while a third of tenants get involved in decoration plans.
Leaks, alarms and boiler breakdowns are the most common problems facing tenants and property managers, according to new research.
The chance of Angela Rayner losing her job overseeing the housing market are growing following new revelations.
LandlordZONE's Nigel Lewis looks at Labour's odd obsession with landlording 'not being real work'.
Landlords who operate HMOs collect rents almost twice as much as those who operate ‘family homes’, new research shows.
The Renters’ Rights Bill is now almost certain to become law before the political parties break for the party conference season.
HMRC spot checks – “fishing expeditions” – what they mean for you and how to be prepared
Battersea Cats and Dogs Home has warned Labour not to allow landlords to demand that tenants take out pet deposits.
The UK’s private rental sector is undergoing one of the most dramatic shifts in decades and not for the better says leading broker.
Halton council, which includes two big towns outside Liverpool, wants to heavily restrict HMO conversions.
Only one in six landlords (16%) are fully prepared for the Renters’ Rights Bill says new poll.
The true extent of extra cost faced by landlords by the Chancellor's NI plans are revealed.
Fergus and Judith Wilson say their reputation isn't justified, and argue that they are good landlords.
Private tenants already been warned that rents will rise by £15 a month to pay for new scheme.
Pet campaigners have written to Angela Rayner in a last-ditch attempt to reinstate landlords’ ability to require pet damage insurance in the Renters’
Essex borough of Basildon reveals huge crackdown on landlords who run unlicensed HMOs.
Direction of travel: all the regulatory changes to the private rented sector (PRS) say, it’s go bigger or get out
Labour’s first year: Renters' rights up, reforms underway, pace lags promises.
A major investigation into rogue landlords within he private rented sector has made some shocking claims.
Landlord and tenant dispute specialist explores some of the key issues that the looming Renters' Rights Bill will throw up.
Landlords have claimed that HM Treasury plans to charge National Insurance (NI) on rents is a raid on millions of people’s pension
COHO founder Vann Vogstad says HMO landlords will shoulder a particularly large share of any NI levy on rental income.
London’s Westminster Council has revealed plans to renew its additional HMO licensing scheme covering many of the borough’s streets.
Landlords face paying national insurance on their rental income if plans leaked by HM Treasury this morning make it into the Autumn budget.
