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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

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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

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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

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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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Less than 10% of rentals pet-friendly, says Zero Deposit

Less than 10% of rentals pet-friendly, says Zero Deposit

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Less than one in ten rental properties currently on the market are pet-friendly, new research has revealed.

Tenant disputes reach highest level in five years, new research from FCC Paragon suggests

Tenant disputes reach highest level in five years, new research from FCC Paragon suggests

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Tenants lodged an estimated 47,405 disputes across the PRS in 2024, a 13% increase on the previous year and the highest number in the past five years.

Average rents in England rise to £1,213 in March

Average rents in England rise to £1,213 in March

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The Government has vowed that “seismic reforms” in its new Planning and Infrastructure Bill will help get families out of temporary accommodation.

Rents in purpose-built student accommodation continue to outpace HMOs

Rents in purpose-built student accommodation continue to outpace HMOs

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Rents in purpose-built student accommodation (PBSA) continue to outpace HMOs, with foreign students particularly bolstering their growth.

Renting costs more than buying a home, Zoopla data reveals

Renting costs more than buying a home, Zoopla data reveals

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First-time buyers are paying 20% less a month on their mortgage payments compared to what tenants pay in rent, new figures have revealed.

Landlord slams lender after it sends letters to his tenants showing monthly mortgage payments

Landlord slams lender after it sends letters to his tenants showing monthly mortgage payments

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News
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Nottingham benefits landlord Mick Roberts has slammed Barclays after it sent letters to 22 of his tenants, listing his monthly payments and erroneously alerting them that he is in mortgage arrears.

Rogue landlord duo hit with £90,000 fines after e-bike fire

Rogue landlord duo hit with £90,000 fines after e-bike fire

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A rogue landlord duo has been fined more than £90,000 for safety offences that led to the death of one of their tenants in a fire.

Rogue landlords are not always who they seem…

Rogue landlords are not always who they seem…

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News
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Not all poor housing standards are in the private sector, many social landlords have problems reaching the new higher standards

House prices dip as buyers brace for higher stamp duty

House prices dip as buyers brace for higher stamp duty

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House prices dipped by 0.1% in February, but annual growth held steady at 2.9%, with the cost of an average property down £213 to £298,602.

Renters' Rights Bill due back in Commons next month

Renters' Rights Bill due back in Commons next month

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The Renters’ Rights Bill returns to the Commons for its second reading next month, as the new government fast-tracks its shake up of the PRS.

Landlord fined for failing to improve cold and mouldy home

Landlord fined for failing to improve cold and mouldy home

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A rogue landlord who persistently ignored requests to carry out improvement works on her property has been ordered to pay £2,400.

TECH: Platform delivers insights to ease property-buying process

TECH: Platform delivers insights to ease property-buying process

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Landlords are being encouraged to trial a tech tool that gives them new insights to make property buying less risky.

North-South rental gap is smallest in a decade

North-South rental gap is smallest in a decade

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News
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The gap between rents in the North and South of England has closed to its smallest level since 2013.

Councils’ disastrous journey into commercial property investments

Councils’ disastrous journey into commercial property investments

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News
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English councils collectively went on a near £7bn commercial property buying spree, a reel into cinemas proved to be a disaster...

Landlord left family living in fear at unlicensed home

Landlord left family living in fear at unlicensed home

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A rogue landlord who left a family of eight living in damp and dangerous conditions has been told to pay more than £3,000 by magistrates.

Calls grow for short-let licensing to rebalance PRS

Calls grow for short-let licensing to rebalance PRS

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MPs are pushing the government to introduce a licensing scheme for short-term lets in England.

Stock crisis predicted to worsen as landlords brace for bad news

Stock crisis predicted to worsen as landlords brace for bad news

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More than one in 10 homes for sale on Zoopla in July were formerly rented, prompting fears that a challenging autumn budget could further increase sales.

Expected tax grab prompts fearful landlords to quit

Expected tax grab prompts fearful landlords to quit

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An ongoing shortage of rental properties is expected to keep pushing rents higher as more landlords look to scale back their portfolios.

Suspended jail term for landlord who ignored safety checks

Suspended jail term for landlord who ignored safety checks

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A rogue landlord has been handed a suspended jail sentence after she failed to maintain gas appliances at her rental property.

Rogue exempt accommodation landlords face tough crackdown

Rogue exempt accommodation landlords face tough crackdown

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News
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The government has vowed to take action on rogue landlords who exploit vulnerable residents in exempt accommodation.

Landlord Exodus: Tough New Rules spark mass Sell-Off

Landlord Exodus: Tough New Rules spark mass Sell-Off

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A mass sell-off is currently underway in the landlord sector, and it only looks set to increase. EPC requirements, The Renters Reform Bill, mounting financial pressures, the list of reasons goes on.

Steep house prices curb renters' home buying ambitions

Steep house prices curb renters' home buying ambitions

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A third of renters (33%) don’t plan to ever own their own home, up from a fifth (20%) in 2022.

Warning: Landlords will race to beat Section 21 ban

Warning: Landlords will race to beat Section 21 ban

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A “tsunami of landlords” will put in Section 21 notices before the ban is implemented, predicts Landlord Action’s Paul Shamplina.

Landlords face biggest reform with Section 21 ban

Landlords face biggest reform with Section 21 ban

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Landlords are bracing themselves for the impact of a ban on Section 21 after the government published its Renters’ Rights Bill.

Rental listings see big uplift after recent rate cut

Rental listings see big uplift after recent rate cut

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The first base rate cut since 2020 has boosted rental stock levels across major British cities, according to new research.

Landlords' views sought on updating house sale process

Landlords' views sought on updating house sale process

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Landlords are being asked to share their experiences of conveyancing to help strengthen the case for digital property packs.

Ministers debate even tougher rules for holiday let owners

Ministers debate even tougher rules for holiday let owners

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The government is considering a further crackdown on short-term lets in a bid to free up more homes for local people.

Cut corners on inventories at your peril, landlords warned

Cut corners on inventories at your peril, landlords warned

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Landlords and letting agents aren’t carrying out inventory inspections on nearly a third of tenancies, leaving themselves open to disputes.

Landlord tax burden puts the squeeze on maintenance budgets

Landlord tax burden puts the squeeze on maintenance budgets

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Landlords have been warned that cutting maintenance budgets could jeopardise their ability to rent out properties and puts renters at risk.

Court throws out rent-to-rent ruling against superior landlord

Court throws out rent-to-rent ruling against superior landlord

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A landlord has successfully overturned a rent repayment order after he argued he wasn’t responsible for an unlicensed HMO.

Condensation and mould – how can I deal with this knotty problem?

Condensation and mould – how can I deal with this knotty problem?

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It’s that time of year again. The first signs of the UK’s autumn cold arrives as we see more cooling rain and wind, and a noticeable drop in temperature

Landlords: Avoid £30k penalties with safety compliance

Landlords: Avoid £30k penalties with safety compliance

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Stay compliant to avoid hefty five‑figure penalties—landlord responsibilities can't be ignored.

Renting campaigners call for Labour to go further with reforms

Renting campaigners call for Labour to go further with reforms

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The Renters’ Reform Coalition has called for more radical renter reforms including longer eviction notice periods, longer protected periods free from eviction when a tenancy starts and limits on rent increases during a tenancy.

CGT hike 'to be final nail in rental sector's coffin' claims expert

CGT hike 'to be final nail in rental sector's coffin' claims expert

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A Capital Gains Tax rate change could be the final nail in the PRS coffin as investors ditch bricks and mortar, according to one big financial analyst.