There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a
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
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
Tenants can claim compensation from their landlord for repairs that are not done in a reasonable time; repairs that are of bad quality and do not fix things
There’s never been a better time for landlords to convert a commercial building to residential use, according to a leading architect.
Zoopla boss Richard Donnell has urged landlords and investors to steer clear of misinformation about the PRS and focus on the positives.
A rogue landlord who persistently failed to license several rented properties has had them seized by Merton Council in one of the first actions of its kind in the country.
London Mayor Sadiq Khan has been slapped down by Labour’s national leadership after asking to be given rent control powers, it has been reported.
Coventry councillors look set to give the go-ahead to extending the city’s additional licensing scheme, raising the fee for a five-year licence from £840 to £916.
A landlord renting out an unlicensed HMO was caught out when a prospective buyer reported her to the council.
Private landlords face an average bill of £10,000 to hit government EPC C targets by 2030, according to new research.
The City of Peterborough says it has received selective licencing applications for three quarters of the properties due to be included in the ten-ward scheme, with a deadline for the completion of applications due at the end of November.
A new private rented sector lobbying group hopes to convince the Scottish government to temper its plans for permanent rent controls under the Housing (Scotland) Bill.
An appeal judge has backed a tenant’s argument that serving prescribed information before the deposit is paid isn’t valid, meaning their eviction cannot go ahead.
Gloucester was the fastest moving rental market last month where the average property was let within 14 days of being advertised.
Trade association the NRLA has warned that rent controls would prompt a third of landlords to sell up if they were introduced in England.
Build-to-rent developer Quintain Living has had its knuckles rapped for wrongly suggesting tenants could make big energy bill savings, get free WiFi and work from home areas.
Leeds Building Society cuts BTL mortgage rates after BoE’s base rate falls from 5.25% to 5%, offering landlords more competitive deals.
Exiting student landlords have paved the way for PBSA developers charging higher rents, according to The FT.
Chancellor of the Exchequer Rachel Reeves refusing to rule out a swinging increase in capital gains tax (CGT) for landlords
A new report based on data from 46,000 renters reveals shocking data on how much they are spending on their rent.
One of the UK’s biggest gas boiler manufacturers used by millions of landlords has promised not to ‘greenwash’ its part-hydrogen fuelled boilers.
Law-savvy landlords are being asked to help compile a definitive list of legislation impacting the PRS.
Larry the Number 10 cat has backed a charity’s campaign to change the law allowing tenants to keep pets.
Labour’s housing minister Matthew Pennycook is said to be planning a “hardship test”
Claims by the new Department of Work and Pensions (DWP) minister of state Stephen Timms that the transfer of remaining housing benefit claimants to Universal Credit is being done ‘as smoothly as possible’ have been questioned by a leading expert.
Booking in a five-yearly Electrical Safety Installation Certificate (ESIC) check for your rented property often seems like one of the plethora of minor tasks on the ‘to do’ list.
An increase in buy-to-let repossessions is exacerbating the rental supply shortage and leaving evicted families without legal aid needed to fight their case.
