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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

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

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

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Council sends out inspectors on foot to check selective licencing

Council sends out inspectors on foot to check selective licencing

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News
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Inspectors employed by a big London borough have started knocking on doors around Wembley to check whether landlords have a selective licence.

Landlord fined £50,000 over 'house of horrors' rental

Landlord fined £50,000 over 'house of horrors' rental

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News
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A landlord in Wembley, North London has been fined £49,500 after a court heard that he rented out a five-bedroom two-storey unlicenced house in very poor condition to eight people including two children.

Chancellor to leave BTL landlords alone in budget, claims report

Chancellor to leave BTL landlords alone in budget, claims report

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The Chancellor is expected to leave the rate of capital gains tax (CGT) on the sale of second homes and buy-to-let properties untouched amid concerns that increasing it would cost money.

Tribunal system woefully unprepared for Labour's rent rise appeal plans

Tribunal system woefully unprepared for Labour's rent rise appeal plans

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News
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England’s overburdened tribunal system is ill-equipped to handle the potential influx of new claims from the Renters’ Rights Bill, according to proptech firm Reapit.

London borough to go ahead with more HMO licencing

London borough to go ahead with more HMO licencing

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Barking and Dagenham is to go ahead with an HMO licensing extension in January and has asked the government to approve a new selective scheme.

Give landlords more money to upgrade properties, urges Nationwide

Give landlords more money to upgrade properties, urges Nationwide

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One of the UK’s largest BTL mortgage lenders has urged the Government to give landlords more financial support to reach the recently-announced 2030 deadline for all rental properties to reach a minimum EPC band C.

Landlord-bashing council slammed over its own property failings

Landlord-bashing council slammed over its own property failings

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Newham Council has apologised to council tenants after the Regulator of Social Housing found serious failings in safety standards at its properties.

Housing must be a (unique reference) numbers game, Rayner told

Housing must be a (unique reference) numbers game, Rayner told

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A coalition of leading property groups has called on the government to put the Unique Property Reference Number (UPRN) at the heart of the UK residential market.

Pet-friendly homes, not rent rises are tenants biggest concern

Pet-friendly homes, not rent rises are tenants biggest concern

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News
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Many politicians and campaigners have, in support of the Government’s looing renting reforms, claimed that tenants feel insecure when living in their homes and are worried about the high rents.

REPORT: Twice as many landlords selling homes than those buying

REPORT: Twice as many landlords selling homes than those buying

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News
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More landlords are selling their properties than those buying, new research has highlighted

'Lack of bailiffs lengthening evictions process for landlords'

'Lack of bailiffs lengthening evictions process for landlords'

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News
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Landlords are having to wait longer and longer to evict tenants particularly for those using London’s County Courts, says specialist firm Landlord Action, which blames the problems to a greater extent on a lack of bailiffs.

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

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It seems it’s one step forward, two steps back for landlords with the recent Budget introducing significant changes to Stamp Duty Land Tax (SDLT) that will impact property transactions from April 2025. The changes have caused panic amongst landlords, with a spike in numbers looking to sell before Ch

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

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News
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It is likely that under the Renters’ Rights legislation due in 2025, tenancy documentation will be highly scrutinised before an eviction trial is allowed

OFFICIAL: Time taken for landlords to evict tenants increases

OFFICIAL: Time taken for landlords to evict tenants increases

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The time taken for landlords to evict tenants has increased, latest Government figures show.

Landlords persuade Government to U-turn on pet rules in Jersey

Landlords persuade Government to U-turn on pet rules in Jersey

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News
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Jersey landlords have avoided new rules that would have made imposing blanket bans on keeping pets illegal.

Big Norfolk council reveals new selective licencing plans

Big Norfolk council reveals new selective licencing plans

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News
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Great Yarmouth is asking landlords for their views on extending selective licensing in the town.

Landlord reveals nightmare cannabis factory saga

Landlord reveals nightmare cannabis factory saga

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News
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I’m writing this article to highlight the pitfalls landlords can face, and to share what I’ve learned from my experience.

Shocking number of prospective tenants fail to be 'rent ready'

Shocking number of prospective tenants fail to be 'rent ready'

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News
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More than a third of tenants looking for a new home aren’t organised to move, despite the fiercely competitive rental market.

New deadline set for landlords to file digital tax returns

New deadline set for landlords to file digital tax returns

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News
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Landlords earning more than £20,000 will have to use the Making Tax Digital for Income Tax Self-Assessment by the end of the current Parliament.

Deposit-free offer sees boost in landlords' short-let bookings

Deposit-free offer sees boost in landlords' short-let bookings

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News
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PropTech firm Rentals United aims to disrupt the short-let market with a property damage protection service paid for by a small nightly fee.

Are your properties ready as the mercury falls?

Are your properties ready as the mercury falls?

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Prepare your properties for cold weather with tips to protect tenants and avoid costly winter damage.

Landlords and agents slammed by BBC over 'bidding war' tactics

Landlords and agents slammed by BBC over 'bidding war' tactics

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News
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Many landlords and lettings agents are prepared to use a shortage of rental properties to their advantage, viewers of the BBC’s Morning Live show were told.

71% of tenants have 'no issues' paying their rent, reveals official data

71% of tenants have 'no issues' paying their rent, reveals official data

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New official data about the private rented sector reveals that it is in better shape than some tenants’ rights groups like to claim.

Renting reforms will 'break' local councils warn environmental health officers

Renting reforms will 'break' local councils warn environmental health officers

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News
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The Chartered Institute of Environmental Health (CIEH) has warned that the Renters’ Rights Bill will place a huge enforcement burden on already stretched local councils.

Landlord success in the new regime – Suzanne Smith explains

Landlord success in the new regime – Suzanne Smith explains

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Proven strategies for thriving as a landlord in the new regulatory era—expert insight from Suzanne Smith.

Council says £840 licencing scheme has seen 'incredible improvement'

Council says £840 licencing scheme has seen 'incredible improvement'

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News
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Nottinghamshire local authority Gedling Council is relaunching selective licensing in its Netherfield ward in the new year after seeing “incredible improvements” to living standards.

Government promises to tackle business rates anomalies

Government promises to tackle business rates anomalies

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News
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Following years of lobbying, Labour has promised to act on what is generally agreed is an unfair UK business rates system

Labour to 'go further' than Tories with holiday lets regulation

Labour to 'go further' than Tories with holiday lets regulation

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News
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Housing Minister Matthew Pennycook has hinted heavily that the government will go further than the Tories in its bid to regulate holiday lets.

Labour's Manchester mayor urges landlords not to quit sector

Labour's Manchester mayor urges landlords not to quit sector

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Mayor of Greater Manchester Andy Burnham has confirmed he doesn’t want landlords to exit the market, in marked contrast to comments made by his national Labour colleagues in Parliament.

Rents to rise faster than property values over next three years

Rents to rise faster than property values over next three years

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Hamptons predicts that rents will rise by 17% between 2024 and 2027, outpacing house price growth of 12.5%.

Why it's time for landlords to get digital

Why it's time for landlords to get digital

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Discover how going digital can streamline operations, cut costs, and future-proof your rental business.

Half of Facebook rental ads are fake, claims Generation Rent

Half of Facebook rental ads are fake, claims Generation Rent

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More than half the rental listings on Facebook Marketplace are likely to be scams, according to an investigation by Generation Rent.

First meeting of London Rent Commission held at City Hall

First meeting of London Rent Commission held at City Hall

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The group, which includes politicians and activists, say the commission is the step toweards rent controls in the capital.

Total Landlord wins 'best insurance provider' for SEVENTH time

Total Landlord wins 'best insurance provider' for SEVENTH time

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For the seventh year, Total Landlord, part of Total Property, has been named the 'Best Landlord Insurance Provider' at the Insurance Choice Awards 2024.