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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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Council faces half-billion pound debt after disastrous investments

Council faces half-billion pound debt after disastrous investments

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Investigations have thrown new light on a series of solar energy investments which failed to switch the lights on for Thurrock Council. Conservative led Thurrock Council has saddled itself with an almost �500 million debt when it tried to bridge a funding gap by taking on risky

Top property stories of 2022 - The Property Cast, Total Landlord Insurance

Top property stories of 2022 - The Property Cast, Total Landlord Insurance

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In this episode of the property cast, Eddie and Paul are joined by Nigel Lewis - award-winning property journalist and Editor in Chief at LandlordZONE, the most visited landlord news website in the UK. Nigel Lewis is a property writer and editor with a 27-year track record working for nation

Demystifying damp, mould and condensation for landlords and agents - The Property Cast, Total Landlord Insurance

Demystifying damp, mould and condensation for landlords and agents - The Property Cast, Total Landlord Insurance

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In this episode of The Property Cast, we discuss the myriad of issues surrounding damp, mould and condensation a common problem for landlords and letting agents alike. To explore this topic, Sean Hooker, Head of Redress at the Property Redress Scheme, steps into Eddies sh

An agent's take on the future of the PRS - Total Landlord Insurance

An agent's take on the future of the PRS - Total Landlord Insurance

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In this episode of The Property Cast, Eddie and Paul are joined by Maxine Fothergill, President of the leading membership body for property agents, ARLA Propertymark. The trio discuss the topical issue of rental reform and ROPA, delving into the detail of what lies ahead for age

Portsmouth goes ahead with hotly contested HMO licensing expansion

Portsmouth goes ahead with hotly contested HMO licensing expansion

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Portsmouth is to go ahead with its contested additional licensing scheme but has promised to reward good landlords by charging them a lower licence fee and doing fewer inspections. Landlords had urged their council not to go ahead with plans to extend licensing to about 4,000 th

Gove promises protections for tenants in 2023

Gove promises protections for tenants in 2023

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The long awaited renting reforms first muted in 2019 will be implemented next year, promises Housing Secretary, Michael Gove MP. Admitting that the Government should have moved more quickly� on these reforms to protect tenants following the Grenfell Tower tragedy, Mr Gove

'No protection': outraged landlord reveals battle to evict nightmare tenants

'No protection': outraged landlord reveals battle to evict nightmare tenants

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A landlord battling to evict his nightmare tenants using a Section 8 order is exasperated that county court bailiffs encouraged them to stay put. The Cumbrian-based landlord had been granted a possession order, but his tenants - on bail for alleged drug offences and owing �3,00

BREAKING: Council tax crisis for HMO tenants averted after Commons statement

BREAKING: Council tax crisis for HMO tenants averted after Commons statement

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The Government has averted a looming crisis in the HMO sector that would have seen many tenants charged individually for council tax, rather than paying a share of the propertys annual bill. As LandlordZONEhttps://www.landlordzone.co.uk/news/exclusive-official-counci

Tenants union reveals 'day of protests' across London to push for rent freeze

Tenants union reveals 'day of protests' across London to push for rent freeze

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London Renters Union will picket successful estate agents across the capital next week who it blames for pushing up rents to unaffordable levels. Protests are planned in Tower Hamlets, Hackney and Crystal Palace on 3rd December by activists who have taken partic

MPs to debate renting reforms today as Rayner promises law 'ASAP'

MPs to debate renting reforms today as Rayner promises law 'ASAP'

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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.

HMO landlords' fine appeal leads to £100,000 increase

HMO landlords' fine appeal leads to £100,000 increase

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A judge has massively increased the fines given to two HMO landlords who have failed in a legal challenge against their sentence.

WARNING: Abolishing ASTs will push landlords into short lets sector

WARNING: Abolishing ASTs will push landlords into short lets sector

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Removing fixed-term tenancies will drive up rents as landlords switch to short-term lets, warns Propertymark.

Landlord fined £22,600 after ignoring tenant safety warnings

Landlord fined £22,600 after ignoring tenant safety warnings

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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.

Many tenants are becoming 'unrentable' says leading figure

Many tenants are becoming 'unrentable' says leading figure

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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.

Environmental health officers call for stronger landlord licencing

Environmental health officers call for stronger landlord licencing

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The Chartered Institute of Environmental Health (CIEH) has backed calls for better funding of councils’ housing enforcement and stronger selective licensing.

Landlords slam Labour's plan to tighten arrears eviction rules

Landlords slam Labour's plan to tighten arrears eviction rules

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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.

'Lease us your rented homes', Welsh Government urges landlords

'Lease us your rented homes', Welsh Government urges landlords

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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.

New housing committee chair promises to 'hold Government to account'

New housing committee chair promises to 'hold Government to account'

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Labour MP Florence Eshalomi has promised to hold the government to account in her new role as chair of the Housing, Communities and Local Government Committee.

Don't increase CGT for landlords, auctioneers urge Chancellor

Don't increase CGT for landlords, auctioneers urge Chancellor

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Auctioneers have urged the government not to increase Capital Gains Tax at a time when confidence is returning to the housing market.

'System is skewed in favour of tenants, not landlords'

'System is skewed in favour of tenants, not landlords'

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A landlord struggling with an eviction has spoken out against the system which he says is heavily skewed in favour of tenants.

Number of landlords selling up gathers pace, says sobering report

Number of landlords selling up gathers pace, says sobering report

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Almost half of landlords have sold a property in the last year or plan to do so, according to the latest sobering industry survey.

Tenant campaigners call for landlords to pay compensation for evictions

Tenant campaigners call for landlords to pay compensation for evictions

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Tenants’ groups want the government to also introduce longer protected periods.

Can landlords afford property refurbishments and EPC upgrades?

Can landlords afford property refurbishments and EPC upgrades?

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Property refurbishments are becoming increasingly important for landlords as the Government prepares to force the sector to upgrade properties to minimum levels of energy performance by 2030.

Banning Section 21 evictions will be 'catastrophe' say 75% of landlords

Banning Section 21 evictions will be 'catastrophe' say 75% of landlords

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The majority of landlords (75%) are very concerned about plans to abolish no-fault evictions, labelling it “a catastrophe”.

More must be done to stop rogue tenants, says exiting landlord

More must be done to stop rogue tenants, says exiting landlord

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A fed-up landlord wants the government to legislate for more stringent referencing after being hit by rent dodging and criminal tenants.

Compliance – can you afford to get it wrong?

Compliance – can you afford to get it wrong?

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Landlords and agents could face fines of up to £40,000 for breaching new rules set to be introduced as part of the Government’s Renters’ Rights Bill.

Landlord wins battle with council over leasehold survey costs

Landlord wins battle with council over leasehold survey costs

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Nottingham Council has been told to hand back more than £2,800 to landlord Mick Roberts after a court ruled it had overcharged for lease extension surveys.

Shelter boss and architect of Section 21 ban to stand down

Shelter boss and architect of Section 21 ban to stand down

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Shelter chief executive Polly Neate is to leave the homelessness charity next March after more than seven years.

Could this £15 box help reduce damp and mould in rented homes?

Could this £15 box help reduce damp and mould in rented homes?

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A trade association’s new tech solution aims to help landlords identify and resolve the root causes of damp and mould in rented properties.

Should I think about passing on wealth before the budget?

Should I think about passing on wealth before the budget?

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Will you be passing on your hard-earned wealth to the next generation before the budget, you don't have long

Cut NOT increase red tape for landlords, say mortgage lenders

Cut NOT increase red tape for landlords, say mortgage lenders

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Reducing red tape for landlords would boost the supply of private rental properties, curb rent increases and create better quality housing for tenants, according to lenders’ trade body UK Finance.

Labour's EPC upgrade plans will cost landlords £21.4 billion

Labour's EPC upgrade plans will cost landlords £21.4 billion

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Private landlords face a £21.4 billion bill to bring their properties up to the proposed EPC C rating by 2030.

Rent repayment order fines to double under Labour

Rent repayment order fines to double under Labour

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Rogue landlords face being forced to pay back up to 24 months’ rent as part of a shake-up of Rent Repayment Orders under the new Renters’ Rights Bill.

CLAIM: 'Future of portfolio landlording is HMOs and multi-unit blocks'

CLAIM: 'Future of portfolio landlording is HMOs and multi-unit blocks'

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Aspiring portfolio landlords are increasingly targeting higher yielding multi-unit blocks (MUB) and HMOs rather than traditional flats and semis.