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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

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

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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

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

Information

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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'This is why I've sold nearly half my portfolio', landlord tells BBC show

'This is why I've sold nearly half my portfolio', landlord tells BBC show

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A landlord who used to have a property portfolio of 100 homes has told the BBC that multiple pressures on the sector including looming regulations, higher interest rates and costs have persuaded him to cut his portfolio down to 65 units.

Student landlord group warns Labour over banning fixed-term tenancies

Student landlord group warns Labour over banning fixed-term tenancies

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A group of student accommodation landlords have warned the Government that its plans to dispense with fixed-term tenancies and move to open ended ones will lead to fewer providers and homes within this market.

North East delivers 'strongest yields' for landlords in UK

North East delivers 'strongest yields' for landlords in UK

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Landlords in the North East are pocketing the highest rental yields in the UK, according to Paragon Bank’s latest lending data.

23% more landlords rush to adopt limited company operations

23% more landlords rush to adopt limited company operations

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Hamptons reports that 46,449 companies have been set up to hold buy-to-let property in Great Britain between January and September, a 23% increase on the same period last year.

What expenses can I claim for my rental property?

What expenses can I claim for my rental property?

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To maximise your profits as a landlord, it's crucial to minimise your tax liability by claiming all allowable expenses.

Leading figures call for Government to embrace private landlords

Leading figures call for Government to embrace private landlords

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A group of high-profile housing leaders, lawyers and economists have urged the Government to include private landlords within its plans to solve the housing crisis, instead of casting them as the villains of the piece.

The great British shopping revival, could the exodus be reversing?

The great British shopping revival, could the exodus be reversing?

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News
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The British High Street has been in decline for some years now, but could it be that there are signs of a revival?

Landlord reveals nightmare of illegal holiday let tenants

Landlord reveals nightmare of illegal holiday let tenants

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News
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A landlord fears neighbours may force him out for breaking lease conditions due to rogue renters illegally sub-letting his flat.

EXCLUSIVE: Welsh Government says landlords 'will get retrofit cash'

EXCLUSIVE: Welsh Government says landlords 'will get retrofit cash'

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Private landlords have been excluded from a new government Welsh government initiative that funds retrofit advice in residential properties and hands out interest-free loans for energy efficiency improvements.

Council U-turns on licensing after damming report

Council U-turns on licensing after damming report

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Councillors have labelled a proposed voluntary landlord initiative to raise standards in North East Lincolnshire, “a waste of time”.

Saying social housing is good and private housing bad 'false and unrealistic'

Saying social housing is good and private housing bad 'false and unrealistic'

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News
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A leading Scots letting agent has warned that policies which seek to undermine the PRS are damaging tenants’ wellbeing.

Landlords await welcome reprieve from boiler ban

Landlords await welcome reprieve from boiler ban

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Landlords could get longer to replace gas boilers if the government makes an expected announcement to allow their sale beyond 2035.

Where landlords can find bargains with a £50K budget

Where landlords can find bargains with a £50K budget

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News
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Wales and the North East are the best areas for hard-hit buy-to-let investors looking for above-inflation returns.

Agents report slightly improved picture for tenants

Agents report slightly improved picture for tenants

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News
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The average number of available rental properties at letting agencies jumped to a two-year high last November.

It's time to get ahead of game

It's time to get ahead of game

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With the new year now upon us there’s no better time for landlords to start preparing for the wide-ranging legislation change on the cards for 2025.

TikTok video about looming landlord pets rules goes viral

TikTok video about looming landlord pets rules goes viral

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A TikTok video on upcoming rules around tenants’ ability to keep pets has garnered more than two million views.

Letting agent slams Shelter over 'headline grabbing' eviction claims

Letting agent slams Shelter over 'headline grabbing' eviction claims

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A letting agent has slammed Shelter’s campaign to highlight Section 21 eviction cases as “absurd sensationalism”.

Labour MP declares war on 'too many' HMOs

Labour MP declares war on 'too many' HMOs

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A campaigning MP has helped her constituents get every new HMO application thrown out in the last three years.

Thinktank reveal unusual solution to renting 'crisis'

Thinktank reveal unusual solution to renting 'crisis'

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The landlord exodus is a once-in-a-generation opportunity for councils to buy up properties and restore what was lost under Right to Buy, according to a campaigning think-tank.

Renting reforms to move forward on 14th January

Renting reforms to move forward on 14th January

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The Renters’ Rights Bill is to get its latest airing in just under two weeks' time ahead of moving to the Lords.

Landlords to pay double stamp duty in April

Landlords to pay double stamp duty in April

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Stamp duty bills will almost double from £8,452 to £16,190 in April, an increase likely to spark higher rental costs as landlords attempt to recoup costs.

5 top tips for a successful tenancy with resolution expert Suzy Hershman

5 top tips for a successful tenancy with resolution expert Suzy Hershman

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If there's one thing all landlords want to avoid, it's tenancies that go 'pear shaped'. Here we ask and expert how to avoid this.

Sadiq 'rent controls' Khan knighted in New Year's Honours

Sadiq 'rent controls' Khan knighted in New Year's Honours

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One of the most ardent political supporters of rent controls in England has been made a knight within the 2025 New Year honours list.

Councils use Generation Rent to highlight unaffordable rents

Councils use Generation Rent to highlight unaffordable rents

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Three quarters of Suffolk renters have struggled to find an affordable home in the last six months, while half had a rent increase – an average of £58 – according to new research.

Midlands council slams 'horrendous' local private rented sector

Midlands council slams 'horrendous' local private rented sector

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Peterborough Council’s selective licensing scheme has uncovered some “horrendous” living conditions since its launch last March.

Landlord who ignored licensing for second time given huge fine

Landlord who ignored licensing for second time given huge fine

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A rogue landlord has been fined for a second time this year for failing to license his portfolio of houses.

PM's own rental house will soon fail EPC rules

PM's own rental house will soon fail EPC rules

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Prime Minister Keir Starmer is facing an EPC upgrade bill of up to £28,000 for the property he rents out in North London.

Merry Christmas and a Happy News Year to all our readers

Merry Christmas and a Happy News Year to all our readers

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The past 12 months have been a momentous time for private landlords as tax changes and looming new regulations have been unveiled by politicians of various hues.

'What's the point of good landlords if rogues aren't policed?'

'What's the point of good landlords if rogues aren't policed?'

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Councils are sending the wrong message to law-abiding landlords by failing to investigate those who can’t provide a valid EPC certificate.

Northern landlord fined £38,000 over multiple HMO offences

Northern landlord fined £38,000 over multiple HMO offences

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A landlord in Liverpool has been prosecuted by its city council for 23 offences under national HMO management regulations.

Heat pumps 'don't help upgrade EPCs' warns new report

Heat pumps 'don't help upgrade EPCs' warns new report

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News
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Despite enthusiasm in Whitehall for heat pumps they not the best way to upgrade a rented property EPC rating, a new report has claimed.

Two thirds of private renters struggling to pay rent

Two thirds of private renters struggling to pay rent

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Nearly two-thirds of working private renters - 4,450,000 people - are falling behind with rent payments or struggling to pay their rent.

COMMENT: Year end 2024 heralds both optimism and some pessimism for property investing…

COMMENT: Year end 2024 heralds both optimism and some pessimism for property investing…

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Tom Entwistle recalls the year in property and looks forward to the year ahead

Labour to help landlords trapped by unsafe cladding

Labour to help landlords trapped by unsafe cladding

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Landlords who own flats in blocks with unsafe cladding have been given an assurance that developers must meet repair deadlines next year following the publication of the government’s Remediation Acceleration Plan (RAP).