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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

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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

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

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

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London rents jump 20% as listings hit four-year low

London rents jump 20% as listings hit four-year low

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London rents surged 20% in 2022; December's average weekly rent hit £551, with 18 renters competing per property, reports Foxtons.

Legal notes: serving notice when there is no current gas safety certificate

Legal notes: serving notice when there is no current gas safety certificate

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When a tenant refuses the Gas Safe engineer access to a property to carry out gas safety checks the landlord is presented with a really difficult problem. Tenants denying access for things like safety checks, repairs and maintenance or regular inspections is not unheard off, in

LATEST: Big city to go live with controversial selective licensing plan

LATEST: Big city to go live with controversial selective licensing plan

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Nottingham councillors have agreed to ask the government to approve the citys new selective licensing scheme. Proposals for its second scheme will cover a slightly smaller area in the city than the current scheme, but would include some new areas such as parts of Broxtowe and

LICENSING: Landlord fails to appeal �2,500 fine for unlicenced HMO

LICENSING: Landlord fails to appeal �2,500 fine for unlicenced HMO

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A Haringey landlord has failed in his attempt to have a �2,500 fine thrown out by a First Tier Property Tribunal . The landlord, who the council won't name, was fined by Haringey private sector housing team for letting an unlicensed three-storey HMO in Hor

Think British evictions are a pain? Then try it in Germany warn landlord duo

Think British evictions are a pain? Then try it in Germany warn landlord duo

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German landlords have plenty in common with their British counterparts but must also contend with even longer legal battles, according to one young couple whove had to evict problem tenants. Sascha and Angelika Rothe live in southern Germany where an eviction action can take

Tenants' bad habits must be challenged over mould, says landlord

Tenants' bad habits must be challenged over mould, says landlord

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Landlords should challenge tenants about their bad habits which lead to condensation mould or risk resulting health problems and higher maintenance bills, it has been claimed. One large-scale portfolio landlord with properties nationwide - known as the Secret Landlord - says tha

Next 2 years are the best time to buy rental properties, according to the experts

Next 2 years are the best time to buy rental properties, according to the experts

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Now is the time to buy rental properties. If youre a new landlord, an investor, or a landlord looking to expand their portfolio, these next two years may be crucial for you to earn the highest return on investment. It might seem contradictory following the downsizing of many

New platform launches offering better work/life balance for HMO landlords

New platform launches offering better work/life balance for HMO landlords

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A new property platform aims to take the strain from HMO landlords dealing with multiple tenant enquiries and help them to prevent voids. Intense competition in the market means operators can spend up to three hours a day responding to prospective tenants, sifting through hundre

BLOG: Why the fashion for 'landlord bashing' is incredibly ironic

BLOG: Why the fashion for 'landlord bashing' is incredibly ironic

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Landlord bashing isnt a new sport. Its been around since as long as anyone remembers and truthfully, no matter how sacred the PRS becomes, its always going to be a thing. Tenants defaulting on arrears will always look at an eviction notice with a level of intended cruel

Government promises EPC study is imminent

Government promises EPC study is imminent

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The government looks set to launch its overdue consultation into new energy efficiency standards in the PRS during the next few weeks.

Is now the time to sell before Renters’ Rights law?

Is now the time to sell before Renters’ Rights law?

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The Renters’ Rights Bill returned to Parliament this week and it getting ever closer to becoming law by the summer has sent alarm bells ringing.

Peers scheduled to debate fast-tracked Renters' Rights Bill

Peers scheduled to debate fast-tracked Renters' Rights Bill

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The Renters’ Rights Bill has had its first reading in the House of Lords and is due for a full debate on 4th February.

Cash announced for empty shop auction scheme

Cash announced for empty shop auction scheme

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Local councils will be offered up to £79,000 to refurbish an empty property under the government’s new High Street Rental Auctions initiative.

North West council extends selective licensing

North West council extends selective licensing

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Burnley has given the green light to a bigger selective licensing scheme covering 3,700 private rented properties.

Big corporates hoovering up homes from exiting small landlords

Big corporates hoovering up homes from exiting small landlords

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Letting agents have reported that institutional and portfolio landlords are moving in to buy stock from exiting landlords.

How will Rachel Reeves' Budget affect property investors and landlords?

How will Rachel Reeves' Budget affect property investors and landlords?

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Budget changes present businesses including landlords and letting agents with some real stiff challenges in 2025

Live-in landlord mocked for seeking 'part-time' tenant

Live-in landlord mocked for seeking 'part-time' tenant

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Social media users have ridiculed a landlord for advertising an expensive room - but asking would-be tenants to stay out until after 8.30pm.

Rising rents fall back from record high

Rising rents fall back from record high

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Average rent in England increased 9.2% to £1,369 in the 12 months to December - slightly down on the previous record-high annual growth.

Pensioner landlords demanded to take over tenant's room

Pensioner landlords demanded to take over tenant's room

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A landlord couple who moved into their tenant’s spare bedroom while she was still living there have been fined.

MPs send amended Renters' Rights Bill to the Lords

MPs send amended Renters' Rights Bill to the Lords

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The Bill has moved another step closer to becoming law, with MPs agreeing amendments that include preventing landlords from taking more than one month’s rent.

January's tax deadline approaches, thoughts turn to this annual task

January's tax deadline approaches, thoughts turn to this annual task

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Keeping on top of your accounts month by month makes the annual self-assessment tax return task easier and makes sure you are in control of your business

Top six misconceptions about Ltd company BTL mortgages

Top six misconceptions about Ltd company BTL mortgages

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Limited Company buy to let mortgages are increasingly popular, however there are still many myths that need debunking.

Landlords hit with former owners' massive council tax bills

Landlords hit with former owners' massive council tax bills

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Landlords in Kent are inheriting huge council tax bills racked up by the previous owners when buying empty properties.

Portfolio landlords boost share of incorporated properties

Portfolio landlords boost share of incorporated properties

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The proportion of incorporated property held in portfolios of landlords who use limited companies has more than doubled since Q1 2020.

Renters' Rights Bill could exclude scores of private tenants

Renters' Rights Bill could exclude scores of private tenants

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A leading property lawyer warns that removing risk mitigation strategies will make many tenants on lower incomes “unlettable”.

Landlord slapped with £20,000 repayment order for unlicensed HMO

Landlord slapped with £20,000 repayment order for unlicensed HMO

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A landlord must repay tenants £20,000 in rent after he failed to convince a tribunal he wasn’t aware of a licensing scheme.

London borough forces all landlords to license properties

London borough forces all landlords to license properties

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All private landlords in Barking and Dagenham must get a licence from April following the introduction of its selective scheme.

Divorce rates have their impact on rental demand

Divorce rates have their impact on rental demand

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There’s an often-overlooked impact of couples splitting on the demand for housing and particularly for rentals as splits occur every year in the UK

NRLA slams Welsh tenant compensation plan

NRLA slams Welsh tenant compensation plan

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The Welsh government has agreed to explore the possibility of making landlords give tenants compensation if they are evicted.

New book helps landlords prepare for renters' rights shake-up

New book helps landlords prepare for renters' rights shake-up

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A former solicitor and property expert has penned a book on how landlords can avoid litigants and potential crippling fines.

Landlords warned to look out for fake document scam

Landlords warned to look out for fake document scam

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Landlords have been reminded to double check tenants’ documents after several London landlords were handed fake payslips.

Leasehold property listings miss out vital facts

Leasehold property listings miss out vital facts

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Property portals and estate agents are failing buyers of leasehold properties by not flagging up legally required information.

Landlords face higher bills to join new government schemes

Landlords face higher bills to join new government schemes

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Fees for joining the redress scheme and landlord database could be “significantly higher” following amendments to the Renters’ Rights Bill.

Rogue rent-to-rent agency hit with £35,000 penalty

Rogue rent-to-rent agency hit with £35,000 penalty

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A Portsmouth rent-to-rent agency which let out overcrowded and unlicensed HMOs has been handed a hefty fine.