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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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New service charges rules in commercial property

New service charges rules in commercial property

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Commercial: A new set of mandatory rules introduced from 1stApril 2019 and though the document itself is titled a first edition, itsupersedes 3 previous editions published as codes of practice. The RICS (Royal Institution of Ch

Security & Locks - Buy to Let Renovation & HMO Projects

Security & Locks - Buy to Let Renovation & HMO Projects

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Security: Renovating a buy-to-let property can be a great way for landlords to increase the rental income

My tenant left without telling me...

My tenant left without telling me...

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Abandonment: When times get hard the instances of tenants leaving without notice are known to increase. Doing a runner�, skipping� moonlight flitting� walking away� or gone away� and in the words of the immortal song;

What happens if someone other than the tenant pays the deposit?

What happens if someone other than the tenant pays the deposit?

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Tenancy Deposits: According to TDS (Tenancy Deposit Scheme) less than 1% (0.85%) of tenancies they handle have resulted in a deposit dispute in the year to March 2018, nevertheless its important to get it right when dealing with tenants' deposits.Cleaning was the most com

The Condensation Conundrum

The Condensation Conundrum

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Viewpoint by Tom Entwistle As winter approaches outside temperatures drop and the perennial landlords problem of winter condensation and black mould rear their ugly heads again.The question is, how do you know if this is caused by the building or the tenant, or is it a co

Tax on income from lodgers and short stay tenants

Tax on income from lodgers and short stay tenants

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Landlords' Tax: Internet sites, such as AirBnB, have increased the number of landlords letting to lodgers and to guests on short stays. There are specific tax benefits to this type of letting business which are expanded upon below.Furnished holiday letting</st

Section 21 Notices - for older tenancies in England

Section 21 Notices - for older tenancies in England

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Section 21: Most tenancies will never require the service of a Section 21, Housing Act 1988, (eviction) notice. However, on those occasions when it does become necessary, and you just never know, landlords (and agents) will thank their lucky starts they complied with the rul

Asbestos and Your Responsibilities as a Landlord

Asbestos and Your Responsibilities as a Landlord

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Asbestos:Asbestos regulations were last updated in 2012 , bringing the UK in line with EU regulations, which means the current regulations have been in place long enough for most

The importance of a Tenancy Application Form

The importance of a Tenancy Application Form

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The Application Form You should always use a comprehensive Tenancy Application Form when taking on a new tenant. You need a completed application for each adult tenant in the property.The Tenancy application form is a very important starting point for any residential or comm

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.

Big landlords tell Labour "it's time to work with us to solve crisis"

Big landlords tell Labour "it's time to work with us to solve crisis"

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A portfolio landlord group has urged the government to voice support for the sector and work with it on finding a solution to the country’s housing crisis.

Hoarding under the spotlight in new NRLA courses

Hoarding under the spotlight in new NRLA courses

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Hoarding is an issue for an estimated six per cent of the population so at some point, many landlords will house a tenant that is affected.

Council slammed after 'quietly' rolling out more landlord licensing

Council slammed after 'quietly' rolling out more landlord licensing

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Waltham Forest has been slammed for failing to adequately publicise details of its new additional licensing scheme.

Minister backs PRS support amid landlord backlash on rent controls

Minister backs PRS support amid landlord backlash on rent controls

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Landlord groups are hoping Scotland’s First Minister has softened his hard-line stance on impending rent controls amid promises to boost the PRS.

Wales to reform contentious HMO council tax banding system

Wales to reform contentious HMO council tax banding system

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The Welsh government looks set to follow England’s lead by launching a consultation into how HMOs are valued and banded for council tax purposes.

Landlords leaving rental market amid tax and cost pressures

Landlords leaving rental market amid tax and cost pressures

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Rightmove reports 18% of homes for sale were previously rentals, up from 8% in 2010, as landlords exit amid rising taxes and costs.

There’s never been a better time to convert commercial buildings to residential

There’s never been a better time to convert commercial buildings to residential

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Architect Matthew Robinson argues that there’s never been a better time to convert commercial buildings to residential use...

TECH: New app gives tenants ability score landlords' properties

TECH: New app gives tenants ability score landlords' properties

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A new app aims to help prospective tenants decide whether a rental property ticks all the right boxes.

Councils urged to follow Merton's lead and repossess landlord homes

Councils urged to follow Merton's lead and repossess landlord homes

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A councillor has called for more local authorities to follow Merton’s lead and strip rogue landlords of their properties.

Renters' campaigners push for 'under-fire' landlord MP to resign

Renters' campaigners push for 'under-fire' landlord MP to resign

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Calls are growing for the Labour MP who was shamed for renting out mouldy and unlicensed flats to step down.

NRLA wins 'gold' for staff dedication to supporting private landlords

NRLA wins 'gold' for staff dedication to supporting private landlords

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The NRLA has won Gold status from the Investors in People (IIL) scheme following a wide-ranging accreditation process that scrutinised its commitment to deliver a positive work environment for the organisation’s staff.