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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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Validity of Section 21 Notice: Amak Property Investments v Laura Sonny [2016]This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had not complied with the deposit protection (MyDepo

How to do a rent review - Part 2

How to do a rent review - Part 2

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Essential guide to rent reviews: why reading the lease is crucial for landlords and tenants to navigate rent adjustments effectively.

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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Tenant Agreement: The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard

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

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Assured Shorthold Tenancy Ends

Assured Shorthold Tenancy Ends

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End of an AST: Questions: What happens when an Assured Shorthold Tenancy (AST) comes to an end? Will the tenant have to leave or does she need to sign a new agreement? What if a tenant wants to leave early? How long can a periodic tenancy last?When the fixed term (minimum of

Freehold, Shared Freehold or Leasehold?

Freehold, Shared Freehold or Leasehold?

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Landlords often buy flats which are either Leasehold or Shared Freehold. What are these tenures and what should landlords look out for in these different forms of ownership?Leasehold is one of three forms of tenure (property/land ownership) almost exclusively peculiar to the United Kingdom, thoug

My Tenant Won't Allow Access!

My Tenant Won't Allow Access!

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Landlord's Access to Property: Many landlords will have experienced a tenant denying them access to a property - whether for an inspection, viewings or legal duties. Its easy to understand the view of Its my property, I can enter when I want, but unfortunately th

New Section 21 Rules

New Section 21 Rules

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New Rules for Section 21 :Landlords and Agents need to be aware of the changes affecting Section 21 rules and Notices and other changes for the letting of residential properties in England (and in many cases Wales) introduced during 2015 . This article explains the new rules

New algorithms to calculate EPC ratings

New algorithms to calculate EPC ratings

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Many landlords have long suspected that the DCLG approved national calculation methodologies and software programs were seriously flawed when they produced EPC ratings for buildings following energy assessments.So news that new software is being introduced which is claimed to be more accurate is

How you serve a Notice can be just as important as what you serve'�

How you serve a Notice can be just as important as what you serve'�

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Serving Notices: Landlords and agents often get confused as to how they should serve Notices on their tenants.Ordinarily it wouldnt matter what method is used, but if you end up in court with a possession or money claim, or some such court action, then what and how you se

Consumer Protection - implications for Landlords & Agents

Consumer Protection - implications for Landlords & Agents

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Tenant are Consumers: The UK Consumer Protection law applies to letting agents and landlords alike when they advertise a property to let or create a new tenancy. It also applies to most private landlords when they deal with letting agents, unless they operate as a company.

Section 21 Notices

Section 21 Notices

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Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob

Condensation, the Landlord's Curse...

Condensation, the Landlord's Curse...

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Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo

WARNING: Eviction reforms will make landlords 'choosier' about tenants

WARNING: Eviction reforms will make landlords 'choosier' about tenants

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Landlord Action’s Paul Shamplina has predicted a rise in landlords using rent guarantee insurance as well as tougher referencing to protect themselves against the fall-out of eviction reforms.

Big City in north plans expansion of selective licencing for landlords

Big City in north plans expansion of selective licencing for landlords

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Leeds Council plans to extend selective licensing across more of the city when the current scheme ends next year.

Court eviction delays to get longer warns leading lawyer

Court eviction delays to get longer warns leading lawyer

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A leading evictions lawyer has warned that without massive investment in the court system, time scales for possession hearings will dramatically increase.

REVEALED: Shocking extent of reforms hitting landlords next year

REVEALED: Shocking extent of reforms hitting landlords next year

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The Government has revealed more details about its much-awaited and somewhat feared Renters’ Rights Bill that had its initial reading in parliament earlier this month.

7 tips to minimise your risk of being a victim of cyber-crime

7 tips to minimise your risk of being a victim of cyber-crime

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Estate agency Leaders offers landlords some advice on how to stop being ripped off by fraudsters online.

Government funds 'damp detecting kits' for private tenants

Government funds 'damp detecting kits' for private tenants

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Private tenants in Norfolk are being handed data loggers to record humidity levels in a bid to encourage simple lifestyle changes.

Big midlands town clamps down on HMOs with new restrictions

Big midlands town clamps down on HMOs with new restrictions

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Landlords in Rugby will need permission to convert any home into an HMO next year after the council voted to introduce an Article 4 direction.

Holiday let landlords to add 'UK first' tourism tax to rentals

Holiday let landlords to add 'UK first' tourism tax to rentals

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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.

Landlord loses appeal over big rent repayment order

Landlord loses appeal over big rent repayment order

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A landlord has lost his legal battle to challenge a £12,600 rent repayment order after he tried to illegally evict two former tenants.

Landlords: 7 things you must do to survive the Renters’ Rights Bill onslaught

Landlords: 7 things you must do to survive the Renters’ Rights Bill onslaught

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Here are 6 things you must do to survive the Renters’ Rights Bill onslaught...

'Looming tenancy reforms will make rent-to-rent agreements much riskier'

'Looming tenancy reforms will make rent-to-rent agreements much riskier'

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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.

Labour's bidding wars ban 'noble but misplaced' says NRLA

Labour's bidding wars ban 'noble but misplaced' says NRLA

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NRLA chief executive Ben Beadle believes the impending ban on bidding wars could mean landlords will simply charge higher asking rents.

Labour to fund EPC upgrade work on rented homes up to £30,000

Labour to fund EPC upgrade work on rented homes up to £30,000

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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.

Government reveals wide-ranging plans to overhaul EPCs

Government reveals wide-ranging plans to overhaul EPCs

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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’m Selling 35 Homes’: Landlords Struggling, but Public Says 'Good Riddance.

I’m Selling 35 Homes’: Landlords Struggling, but Public Says 'Good Riddance.

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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 eviction reforms send 'wrong message to rent dodgers'

Labour's eviction reforms send 'wrong message to rent dodgers'

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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.

NEW: Landlords with public workplace pensions 'backing BTR'

NEW: Landlords with public workplace pensions 'backing BTR'

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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.

Airbnb boss reveals plans to go into longer-term property rentals

Airbnb boss reveals plans to go into longer-term property rentals

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Landlords may soon be able to rent their homes out via Airbnb to more than just holiday makers, its co-founder has revealed.

North East landlords' meet to help landlords 'weather the storm'

North East landlords' meet to help landlords 'weather the storm'

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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.

Landlord couple who ignored HMO rules fined £18,000 by court

Landlord couple who ignored HMO rules fined £18,000 by court

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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.

Miliband says rented homes under EPC minimum 'C' will be banned

Miliband says rented homes under EPC minimum 'C' will be banned

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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.

'Renting reforms and EPC upgrades will push out benefits landlords'

'Renting reforms and EPC upgrades will push out benefits landlords'

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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.

Mould 'clamp down' plans for landlords 'imminent' says Rayner

Mould 'clamp down' plans for landlords 'imminent' says Rayner

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Labour will continue to ramp up the pressure on landlords to update their properties by consulting on a Decent Homes Standard.

Landlord fined £5,000 after failing to get HMO licence

Landlord fined £5,000 after failing to get HMO licence

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A landlord in Colchester has been handed a £5,000 civil penalty notice for failing to license his unsafe HMO.

Labour’s tax plans could drive landlords out of the market

Labour’s tax plans could drive landlords out of the market

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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.