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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

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

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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

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

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

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Westminster green-lights huge selective licensing scheme for landlords

Westminster green-lights huge selective licensing scheme for landlords

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Westminster City Council has given the go-ahead to a huge new selective licensing scheme covering 15 of the London borough’s 18 wards.

EXPERTS: Inflation rise to delay interest rate cut until August

EXPERTS: Inflation rise to delay interest rate cut until August

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Landlords could face higher mortgage rates for longer after inflation jumped by more than expected last month to 3.5%.

OFFICIAL: 24% of landlords looking to sell up this year

OFFICIAL: 24% of landlords looking to sell up this year

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A data gathering exercise by the Government has highlighted new and sometimes surprising facts about the UK’s landlords and their properties, including why a quarter are plannig to sell of properties over the next 12 months.

Making commonhold default tenure will have 'unintended consquences'

Making commonhold default tenure will have 'unintended consquences'

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A leading leasehold expert has warned that commonhold reforms will hit property values and shift costs onto individual flat owners including those belonging to private landlords.

Landlord's electricity meter switch off 'nightmare' highlights big problems

Landlord's electricity meter switch off 'nightmare' highlights big problems

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A Glasgow landlord fears his tenants could be left without heating or hot water after his energy supplier delayed replacing their Radio Teleswitch Service (RTS) meter.

'This is not 1915' - leading academic warns ministers over new rent controls

'This is not 1915' - leading academic warns ministers over new rent controls

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Duncan McLennan says harking back to previous rent control experiments isn't realistic, and that a 'revolution in home building' is needed instead.

Have you got houses for sale? We have 30,000 buyers ready right now

Have you got houses for sale? We have 30,000 buyers ready right now

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Landlord Sales Agency helps landlords sell quickly, often in under 28 days, at strong prices even with tenants. With market changes coming, now is the time to act.

Big midlands council says new £1,100 HMO licences 'justified'

Big midlands council says new £1,100 HMO licences 'justified'

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Peterborough defends decision to bring some 1,800 smaller HMOs into its licensing clutches.

'Historic shift' from residential to commercial property revealed

'Historic shift' from residential to commercial property revealed

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Report from Handelbanken paints picture of regulation bearing down on investor sentiment with predictable results.

Government to spend millions stopping landlord evictions

Government to spend millions stopping landlord evictions

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News
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More money will be spent persuading landlords not to evict tenants as part of a huge cash boost to help prevent homelessness.

Northern council to expand selective licensing

Northern council to expand selective licensing

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More landlords in Wirral could have to pay for a selective licence under plans being drawn up by the local council.

Rents rising by 9.1% a year on average, official figures reveal

Rents rising by 9.1% a year on average, official figures reveal

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Rents charged for new tenancies across the UK continue to rise as landlords seek to offset higher costs and supply continue to be weak, latest Government data shows.

Labour to allow councils to 'take over' empty rental properties

Labour to allow councils to 'take over' empty rental properties

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Councils will be given more power to force landlords to rent out vacant residential properties as part of the government’s English Devolution white paper.

Letting agents warn over Labour's plan to increase licensing

Letting agents warn over Labour's plan to increase licensing

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Letting agents have slammed plans to ease licensing rules that will mean local councils can introduce large selective schemes without government approval.

HMO landlords warned as London council begins 1,000s inspections

HMO landlords warned as London council begins 1,000s inspections

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Ealing Council has ramped up its crackdown on rogue landlords with a rigorous programme of HMO inspections.

Councils given more powers to licence landlord properties

Councils given more powers to licence landlord properties

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Local authorities will no longer have to ask the Secretary of State for permission to introduced selective licensing schemes in England and Northern Ireland, it has been revealed.

Lenders warn of 'challenging' year ahead for landlords

Lenders warn of 'challenging' year ahead for landlords

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Economic headwinds are set to shrink purchases in the buy-to-let market by 7% next year to £9 billion, predicts UK Finance.

Norwich landlords fume over missing rental payments

Norwich landlords fume over missing rental payments

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Landlords in Norwich are chasing thousands of pounds in rent payments from a letting agency which appears to have gone under.

Tenant demo in London calls for rent controls

Tenant demo in London calls for rent controls

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Hundreds of tenants have staged a protest in central London calling for the government to introduce rent controls.

Major national park moves to restrict holiday lets

Major national park moves to restrict holiday lets

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One of the UK’s larger national parks is planning to stop any new homes that are built within it being used as holiday/short lets or second homes.

Legal Matters: Serving notices, don’t fall foul of the law

Legal Matters: Serving notices, don’t fall foul of the law

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A crucial task for landlords and agents is to correctly serve statutory notices and other documents

What should the new rental contracts be called? Have your say!

What should the new rental contracts be called? Have your say!

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Property experts are pondering what the government might name new tenancies created by the Renters’ Rights Bill.

Council takes unusual approach to signing off HMOs

Council takes unusual approach to signing off HMOs

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A district council has come up with a set of exceptional circumstances to help decide when to give the go-ahead to new HMOs.

Student landlord lands £2.3 million refinancing deal

Student landlord lands £2.3 million refinancing deal

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A landlord in Liverpool has secured £2.3 million to refinance eight student HMOs within the city and unusually has gone public about the deal.

Letting agent slams police over 'lack of justice'

Letting agent slams police over 'lack of justice'

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A letting agent has criticised police who failed to act when vandals threw a brick through one of his tenant’s windows.

Landlords, Fed Up with the Labour Government? Sell your Portfolio NOW

Landlords, Fed Up with the Labour Government? Sell your Portfolio NOW

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The never-ending onslaught of landlords, including the abolition of Section 21, tough EPC rules, and changes to stamp duty, have left landlords fed up and thinking of throwing in the towel.

Energy firms called out over HMO tenant utility bill problems

Energy firms called out over HMO tenant utility bill problems

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A tenants’ champion has slammed energy companies for failing to help renters with energy bill problems at HMOs.

Landlords fume after letting agency shuts down owing money

Landlords fume after letting agency shuts down owing money

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Northwood letting agency in Romford has gone bust, leaving angry landlords out of pocket.

Most labour-voting landlords now regret their decision

Most labour-voting landlords now regret their decision

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Most landlords who voted Labour wouldn’t do it again, a new survey from buy-to-lender Landbay has found.

RICS reports first dip in tenant demand since 2020

RICS reports first dip in tenant demand since 2020

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Surveyors are the latest group to report a cooling rental market in the UK, with a slowing in demand among tenants for the first time since 2020.

Big town in south reveals plans for more HMO licencing

Big town in south reveals plans for more HMO licencing

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Reading Council has given the go-ahead for an additional licensing scheme in the town – and defended the rising costs set to hit landlords.

Campaigners urge MPs to back more severe renting reforms

Campaigners urge MPs to back more severe renting reforms

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Generation Rent has urged renters to get more MPs backing amendments to the Renters’ Rights Bill.

LATEST: Rental market cooling as landlord 'sell off' eases

LATEST: Rental market cooling as landlord 'sell off' eases

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Rental growth in the UK has dropped to 3.9%, its lowest level in more than three years and down from 9.1% a year ago.

Demand for accessible homes grows as renting population ages

Demand for accessible homes grows as renting population ages

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Demand for accessible homes is growing as the tenant population ages, a leading estate agency has reported, calling on Labour to help landlords finance upgrades.