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
In this in-depth private rented sector legislation special, Eddie and Paul are joined by David Smith, head of property litigation at JMW Solicitors. The discussion kicks off with the recent landmark Rakusen v Jepsen rent repayment order case, where David represented the NRLA and which, he e
Youve made the decision to sell, and beat the market drop and increased costs. But where do you turn? Estate Agents can get you a high price, but theyll take far too long. Auctions can sell super-fast, but you might be compromising on price. <figure id="" class="w-richtext-figure-t
Generation Rent is calling on the government to extend Awaabs Law to the PRS after its survey found 1,106 private rented homes in England with dangerous levels of damp and mould. A Freedom of Information request by the campaign group found that the 65 councils which reported
Eddie Hooker, Chief Executive of insurance company the HFIS Group, has called for action to combat the murky end of the rent-to-rent market. Talking during an video interview with LandlordZONE , Hooker said action was needed to increase transparency w
A tenancy mediator has warned landlords that they or the experts they hire - risk being jailed for contempt of court by not using a regulated solicitor to fill in possession notice claim forms. PRS Mediations Julie Ford (pictured) says that under the L
An 80-year-old disabled woman is being evicted from her home after more than 60 years because her property wont pass tighter new EPC rules, a case which is believed to be the first of its kind. Thoresby Estate which owns Anne Marshs property in Edwin
Increasing the Local Housing Allowance would be the quickest way for the government to improve access to affordable homes, say housing charities. According to analysis by the Institute for Fiscal Studies (IFS), in 37 local authorities, the gap between market rents for three-bedr
The director of a property management firm has been fined more than �25,000 after dangerous electrics were discovered at an HMO in Northampton. West Northamptonshire Council issued a warrant in May 2022 after tenants raised concerns about the property in Lutterwor
Landlords in the North East have complained that a rubber stamped selective licencing scheme is a pure waste of time� and that they are fed up being taxed in this way�. The comments concern Middlesborough councils plans to extend its licencing scheme in the ce
A rogue landlord has been ordered to hand back nearly £34,000 to five tenants after failing to license his mouse-infested HMO.
Ben Beadle, the Chief Executive of the NRLA, has told LandlordZONE that abolishing Section 21 evictions might sound noble, but it's won't make the private rented sector fairer overnight, as many campaigning groups and Labour MPs often claim.
The UK commercial property market is in a downturn right now. As with the wider economy, commercial property is subject to economic cycles
Tenants’ union Acorn has urged Labour to curb ‘upfront payments’ for new tenants to one month’s rent in a bid to make rented homes more affordable.
Milton Keynes City Council has come up with an innovative scheme to top up rents for those moving from temporary accommodation into the PRS.
Propertymark has warned that the Renters’ Rights Bill poses critical unintended consequences unless the government ensures a fair and balanced approach between landlord and tenant rights.
A landlord with a string of more than 5,000 rental properties across the UK has been fined a whopping £97,000 over the ‘serious and deliberate’ failure to manage a block of flats in Sheffield.
NRLA trainer Henry Davis explains how his Key to Property Investment course can help you stay ahead of the game.
The government has been accused of pressing ahead with renter reform measures that will cause gridlock in the justice system, and pit landlords and tenants against each other in protracted litigation.
Few MPs stood to defend landlords during yesterday’s second reading of the Renters' Rights Bill in parliament, but a few did - with all of them being Conservative.
Landlords listing their properties for sale before potential capital gains tax rises are adding to a widening divide between supply and demand, report letting agents from around the UK.
The Renters’ Rights Bill is expected to fuel a surge in tenancy disputes following a 20% rise last year.
Walsall Council plans to implement an Article 4 Direction to restrict HMOs, despite acknowledging no strong evidence linking HMOs to crime.
Lawyers have warned that an underfunded justice system will hinder any progress made in strengthening renters’ rights.
Landlords urged not to panic amid reform and rate rises—demand stays high despite cost pressures.
Here’s an initial reaction to the Renters’ Rights Bill, thoughts that could change as it progresses through parliament - the second reading is today.
Government announces funding for EPC upgrades in low-income rental homes, but questions remain about coverage and affordability for landlords.
The Renters’ Rights Bill will become law ‘as soon as possible’ housing secretary Angela Rayner has promised as parliament debates her legislation for the first time.
A judge has massively increased the fines given to two HMO landlords who have failed in a legal challenge against their sentence.
Removing fixed-term tenancies will drive up rents as landlords switch to short-term lets, warns Propertymark.
A landlord with multiple properties in Bootle has been ordered to pay £22,630 for ignoring safety risks that left his tenants facing imminent danger.
A significant number of people seeking properties to rent are finding themselves excluded and forced to live in temporary accommodation, it has been claimed, as landlords be become more risk averse.
The Chartered Institute of Environmental Health (CIEH) has backed calls for better funding of councils’ housing enforcement and stronger selective licensing.
Landlords have criticised the Government’s plan to raise the minimum period of rent arrears from two to three months before they can be served notice to repossess.
The Welsh Government wants landlords to lease their empty properties to local councils in a bid to boost the number of affordable homes within its private rented sector.
