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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

Information

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

Information

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

Information

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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More landlords moving to limited companies as list tops 60,000

More landlords moving to limited companies as list tops 60,000

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The number of VAT and/or PAYE enterprises operating in the UKs residential and commercial rental sectors climbed 2% in the past year, despite the governments best efforts to deter investment. Analysis of government data by debt advisory firm https://siriusfinance.

Council tries AGAIN to start UK's most controversial licencing scheme

Council tries AGAIN to start UK's most controversial licencing scheme

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Luton Council is making yet another attempt to bring in two new licensing schemes after a string of false starts amid landlord opposition. Its overview and scrutiny board has agreed to recommend a town-wide additional scheme as well as a selective scheme in South ward, which now

Council makes extraordinary request asking landlords to pay for student mess

Council makes extraordinary request asking landlords to pay for student mess

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Durham citys parish council has taken the unusual step of asking student landlords to make a voluntary donation towards the cost of cleaning up street waste and discarded furniture. It will ask for a contribution of �52 towards its precept from student landlords to match the

Will you? Two thirds of landlords to sell up if forced to upgrade EPCs

Will you? Two thirds of landlords to sell up if forced to upgrade EPCs

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Two-thirds of private landlords might sell up if they are forced to make EPC upgrades, new research finds. The Mortgage Advice Bureau says 59% would consider selling their property due to not being able to afford the changes needed to meet the minimum level. With an

NRLA urges English Ministers to learn from 'car crash' renting reforms in Wales

NRLA urges English Ministers to learn from 'car crash' renting reforms in Wales

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NRLA boss Ben Beadle has urged the government to learn from the awful implementation� of Renting Homes Wales which he labelled a car crash of epic proportions�. Speaking on The Guild of Property Professionalshttps://podcasters.spotify.com/pod/show/guildprop

MAYOR: 'Landlords taking billions in rent for non-decent homes funded by benefits'

MAYOR: 'Landlords taking billions in rent for non-decent homes funded by benefits'

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The Mayor of London has accused private landlords across the UK of taking rent worth �9 billion for homes that are non decent, �1.6 billion of which is paid for via housing benefit. The figure is highlighted as, this morning, Sadiq Khan reveals his PRS research generated

HMO exemption for asylum seekers could impact accommodation

HMO exemption for asylum seekers could impact accommodation

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Legal expert warns that exempting asylum seeker HMOs from licensing could lower accommodation standards and encourage subpar housing provisions.

Gove holds PRS roundtable as rental reforms loom

Gove holds PRS roundtable as rental reforms loom

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Housing Secretary Michael Gove meets with private rented sector leaders to discuss upcoming reforms, including the Renters Reform Bill.

'Reinstate mortgage interest tax relief for landlords', report urges Ministers

'Reinstate mortgage interest tax relief for landlords', report urges Ministers

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Landlords and letting agents have told a new poll that the Government must reverse its Section 24 mortgage interest relief tax changes as a priority to get the private rental sector back on track. Rent tech platform Goodlord conducted the research among some 1,500 agents,

Planners green light first rental homes from John Lewis

Planners green light first rental homes from John Lewis

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John Lewis has finally received the green light to begin its transformation into a build-to-rent landlord after Bromley Council approved its plans for 353 rental homes.

AI firm launches that pairs up tenants with ideal rental properties

AI firm launches that pairs up tenants with ideal rental properties

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A new tech start-up using AI to pair tenants with the most suitable rented homes has been launched.

Former minister who ushered in unpopular 'evictions ban' seeks Tory leadership

Former minister who ushered in unpopular 'evictions ban' seeks Tory leadership

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Former housing secretary Robert Jenrick who brought in the controversial 'evictions ban' during Covid has joined the Conservative party leadership race.

EXCLUSIVE: Senior figures slam ongoing court delays for landlords

EXCLUSIVE: Senior figures slam ongoing court delays for landlords

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Two leading figures from the private rented sector have slammed the ongoing nightmare many landlords are facing when waiting for evictions to pass through the courts.

Shelter calls for radical changes for landlords, but will Labour listen?

Shelter calls for radical changes for landlords, but will Labour listen?

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Shelter has called for indefinite tenancies as well as rent increases restricted to once a year and limited to a rise either in line with inflation or wage growth. 

Is Labour about to give councils full powers to licence landlords?

Is Labour about to give councils full powers to licence landlords?

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Housing minister Matthew Pennycook has hinted heavily that councils will be given powers to introduce large licencing schemes without his approval as part of Labour’s push for greater devolution.

REVEALED: Real cost of making a property energy efficient

REVEALED: Real cost of making a property energy efficient

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While the new Labour government has talked about making rented homes more energy efficient, one company has shone a light on how much it will cost landlords to achieve it.

Lettings agency chiefs call for minimum property standards

Lettings agency chiefs call for minimum property standards

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New minimum standards for rental properties and industry training are needed to improve quality and safety in the PRS, the government has been told.

Landlord to return £800 deposit over jaw-dropping contract clause

Landlord to return £800 deposit over jaw-dropping contract clause

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A landlord who tried to charge a prospective tenant for having overnight guests has been ordered to repay the holding deposit.

Certainty needed on energy efficiency targets

Certainty needed on energy efficiency targets

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James Kent, the NRLA’s Chief Innovation Officer, and founder of digital compliance platform Safe2, explains why landlords need to know where they stand sooner rather than later.

Scandal hit social housing REIT winding down

Scandal hit social housing REIT winding down

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Home REIT, the investment trust marketed as the dream scheme to house the homeless is folding with extensive debts and legal claims. 

Landlord's appeal against huge rent repayment order fails

Landlord's appeal against huge rent repayment order fails

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A landlord has failed in a last-ditch attempt to convince a property tribunal that he shouldn’t have to pay a rent repayment order – and has been stung with a £13,643 bill.

Citizen's Advice slams landlords for 'damp and mouldy homes'

Citizen's Advice slams landlords for 'damp and mouldy homes'

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Almost half of private renters in England are living in cold, damp or mouldy homes, even during the summer, according to a new Citizens Advice poll.

BTL lenders reveal shock reduction in landlord mortgages

BTL lenders reveal shock reduction in landlord mortgages

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The mortgage industry says the number of new buy-to-let mortgages more than halved last year, with higher interest rates blamed for the fall.

City lauds highly unusual approach to 'non-compliant' landlords

City lauds highly unusual approach to 'non-compliant' landlords

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Liverpool Council has teamed up with the emergency services and HMRC to share intelligence and weed out 'non-compliant' landlords.

Mayor launches poster campaign urging tenants to report landlords

Mayor launches poster campaign urging tenants to report landlords

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A new poster campaign on the London Underground is urging travellers to report dodgy landlords.

REVEALED: Real reason why rental supply is dwindling

REVEALED: Real reason why rental supply is dwindling

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The number of buy-to-let properties bought by landlords as a percentage of all homes sales across the nation has sunk to its lowest level since records began.

South Coast councillors approve plan to crack down on HMOs

South Coast councillors approve plan to crack down on HMOs

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The South Coast seaside resort ofEastbourne is to crack down on the town’s growing number of HMOs andcouncillors are soon to make a decision on what to do.

COMMENT: Labour’s rental reforms, have they been watered down?

COMMENT: Labour’s rental reforms, have they been watered down?

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Labour’s rental reforms, has Labour's Rental Charter have they been watered down in the King's speech?

Enfield HMO landlords face licence fee hike

Enfield HMO landlords face licence fee hike

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Landlords in the London borough face paying an extra £174 for an additional HMO licence if plans get the green light.

Welsh tax grab plans could hammer PRS investment

Welsh tax grab plans could hammer PRS investment

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The Welsh government has been warned it risks reducing the supply of student accommodation if changes to tax reliefs are introduced.

Higher costs curb new student home building

Higher costs curb new student home building

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Fewer than 17,500 purpose-built student beds are expected to be added in the coming academic year, representing only 0.6% growth.

Labour’s Renters' Rights Bill to abolish section 21 in 2025

Labour’s Renters' Rights Bill to abolish section 21 in 2025

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The new Labour government won’t wait to improve the court system before abolishing Section 21, predicts a top property lawyer.

SHOCK: Official survey reveals 19% of tenant deposits not protected

SHOCK: Official survey reveals 19% of tenant deposits not protected

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Nearly 200,000 private renters haven’t had their deposits protected under an authorised scheme, according to new government data.

Banning leasehold flat sales 'will cause problems' warn experts

Banning leasehold flat sales 'will cause problems' warn experts

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Property experts have warned that Labour’s promise to finish the job of ending the “feudal” leasehold system could complicate leaseholders’ situation.