Assignment is when an existing and ongoing tenancy is transferred from one tenant to another. The person who transfers the tenancy is the assignor� and the person who the tenancy is transferred to is the assignee�.The outgoing tenant transfers his rights and obligations under the tenanc
Latest Research Suggests Basement Flats Are Safe As HousesBasement flats in West London have been found to be as secure from intruders as other types of apartments, according to research carried by Basement Flats, a newly-launched London publication.The magazine, which features news and informati
Section 26 Notice - My Commercial (Business Tenancy) Lease Agreement is coming to an end soon and my tenant has served on me a Section 26 Notice. What is this and what should I do?Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).T
Uninhabitable Premises. My tenanted property is flooded. What are my legal obligations in this situation? Am I obliged to re-house my tenant? Must my tenant continue to pay rent?Landlords are under a general obligation to supply property in tenant able condition for the tenant to i
Question: Tenant Blacklists. I've had a very bad experience with a tenant and would like to put him on a black list so that other landlords don't have the same experience that I've had. How do I go about this?Answer: We often get asked this question.Although there have been several attempts by di
Sub-letting leasehold - I want to rent out my leasehold flat but the managing agent says the freeholder wont allow it. I know that other flats in the block are rented out, so what can I do? Landlords usually prohibit sub-letting to safeguard the interest.Landlords usually prohibit sub-letting
What are the implications of renting to a 17 year old or someone who is under the age of 18? We have an application from a 17-year old that is keen to rent but Im not sure this would be legal?</h2> Many landlords and housing providers would be concerned and therefore refuse to let to
Question - Rent Review - my landlord is asking for far more rent than I expected on review. Am I obliged to pay this?Answer - Commercial leases are contractual - the parties agree to and are bound by its clauses and that includes rent review provisions.The rent review process is a way of periodic
Re-selling Energy - As a landlord am I able to make a profit by re-selling electricity or gas?</h2>Resale of Gas and ElectricityThe maximum amount that Residential Landlords or resellers� are permitted to charge for gas or electricity is the amount they
Providing a Reference - I have been asked to provide a reference for one of my tenants who is moving on. What is my legal position in this and am I putting myself at risk if I say he was a bad tenant?</h2> Referencing (seeking verification of a tenants past performance) is an increasi
Polystyrene Ceiling Tiles - is it legal to have these tiles in the kitchen of a rental property?</h2> There are currently no regulations specifically banning the use of polystyrene ceiling tiles in existing rented property.However, it is unlikely that local authority fire officers and en
Misrepresentation - We recently rented out our rural cottage to a couple. As they wanted to use their computers I said it was possible to get high-speed broad-band. I thought this would be possible but it seems it is not at this time. The couple are now claiming that I misled them and that
I'm receiving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?</h2> It's fairly common to have mail arriving for months and even years after residents have left,
Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?</h2> The Assured Shorthold Tenancy is the default tenancy for residential lettings and since October 2010 this applies to rents up to �100,000
Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a
Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?Once a Section 21 notice has been served correctly it continues indefinitely, until such time as the tenancy is ended, either
Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?</h2>The term covenant can have several meanings and has biblical origins but it is of particulalry significance
2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t
Landlords, estate agents and surveyors have all given yesterdays Budget an unqualified thumbs down after the Chancellor chose to focus on economic growth but ignore several problem threatening to engulf the housing market. All have said the budget was disappointing and a m
Despite new research showing that one in four people plan to invest in property to generate retirement income, Chancellor Jeremy Hunt's scrapping of the 'lifetime pension fund limit' could dampen demand for BTL property, says Cornerstone Tax. The impact of inflation on savings a
Shelter has slammed the Chancellor for failing to raise Local Housing Allowance (LHA) rates in his spring Budget. The homeless charity says Jeremy Hunt could have put an end to spiralling homelessness, but instead, he has stuck his head in the sand. Yet again we
Sunday Times economics editor David Smith has expressed sympathy for private landlords who he believes feel bruised by increasing regulation in the sector. He says higher mortgage rates might be the straw that breaks the camels back for many, with some alrea
First time buyers remain better off owning than renting an equivalent home, Lloyds Bank says, but the gap is narrowing. Its latest Owning vs Renting Review reveals that owning a first home now costs �971 a month, four percent less than renting at �1,013.
The government failed to offer long-term support for energy efficiency improvements or increase the Local Housing Allowance in a Budget which instead focused on getting the country back to work. Chancellor Jeremy Hunt extended support for energy bills at current levels of �2,50
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
Short let and holiday lets landlords in Edinburgh could soon have to charge guests a visitor levy under the first scheme of its kind in the UK.
A landlord has lost his legal battle to challenge a £12,600 rent repayment order after he tried to illegally evict two former tenants.
Here are 6 things you must do to survive the Renters’ Rights Bill onslaught...
Rent-to-rent agreements will carry even greater risk when Labour’s assured shorthold tenancies come into force with the Renters’ Rights Bill, explains a top property lawyer.
NRLA chief executive Ben Beadle believes the impending ban on bidding wars could mean landlords will simply charge higher asking rents.
Labour has revealed plans to fund the upgrade of rented properties to meet its 2030 plan to have all rented homes reach an EPC band C or above.
The Government has committed to an overhaul of both Energy Performance Certificates (EPCs) and the MEES system that underpins them, it has been announced.
I never expected my recent interview with The Telegraph to “go viral” when I spoke to them explaining why so many landlords are feeling the pinch and exiting the market.
Labour’s pledge to introduce more robust possession grounds is factually incorrect and sends the wrong message to rent dodgers, says NRLA chief executive Ben Beadle.
Nest - the public body that runs workplace pension schemes - is investing £350 million in build-to-rent (BTR), meaning that some landlords’ pensions are effectively funding competitors.
Landlords may soon be able to rent their homes out via Airbnb to more than just holiday makers, its co-founder has revealed.
TV star and evictions expert Paul Shamplina is due to give landlords advice on how Labour’s looming and significant changes to the way homes are rented in England and Wales will impact them at an event on Thursday, September 26th.
A landlord couple who ignored requests from the local authority and Planning Inspectorate to stop using their property as an HMO have been fined £18,000.
Ed Miliband, Labour’s Energy Security and Net Zero Secretary, has told the party’s annual conference that landlords will have to upgrade their homes to a minimum EPC ‘C’ rating by 2030 or be unable to rent their properties legally.
A benefits landlord has voiced fears that new laws and standards in the PRS will force her -and others like her - to stop renting to social tenants.
Labour will continue to ramp up the pressure on landlords to update their properties by consulting on a Decent Homes Standard.
A landlord in Colchester has been handed a £5,000 civil penalty notice for failing to license his unsafe HMO.
Landlords face potential £90,000 capital gains tax hit under Labour's proposed reforms, prompting many to consider selling before new tax laws take effect.
Landlords with a burning ambition to take on a major project might consider bidding on this home in the Welsh valleys, priced £0.
There is confusion around whether Purpose-Built Student Accommodation will be exempt from changes in the Renters’ Rights Bill.
Landlords in Barnet who are refused permission for change of use to an HMO can challenge the decision through a new online portal.
The Bank of England has resisted the temptation to cut interest rates, which remain at 5%.
Legislation in Scotland has done little to improve affordability in the PRS, according to new research.
Times are hard for tenants and landlords alike and this coming winter is causing a worry for many.
Landlords should not be so quick to lay the blame on tenants for problems and instead use new tools to tackle issues.
