Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati
Landlords sometimes face a dilemma when they want to sell a rental property, or even a portfolio of their rental properties. Sometimes landlords have no choice but to sell as they are being forced to sell for financial reasons.Residential properties, unlike their commercial counterparts, always s
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
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
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
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
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
Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.
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
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
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
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
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
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.
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.
Auctioneers have urged the government not to increase Capital Gains Tax at a time when confidence is returning to the housing market.
A landlord struggling with an eviction has spoken out against the system which he says is heavily skewed in favour of tenants.
Almost half of landlords have sold a property in the last year or plan to do so, according to the latest sobering industry survey.
Tenants’ groups want the government to also introduce longer protected periods.
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.
The majority of landlords (75%) are very concerned about plans to abolish no-fault evictions, labelling it “a catastrophe”.
A fed-up landlord wants the government to legislate for more stringent referencing after being hit by rent dodging and criminal tenants.
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.
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 chief executive Polly Neate is to leave the homelessness charity next March after more than seven years.
A trade association’s new tech solution aims to help landlords identify and resolve the root causes of damp and mould in rented properties.
Will you be passing on your hard-earned wealth to the next generation before the budget, you don't have long
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.
