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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

Information

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

Information

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

Information

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

News

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

Information

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

Information

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

Information

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

Information

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

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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

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

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News
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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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News
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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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News
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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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News
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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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News
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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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News
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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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News
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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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News
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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.

NRLA warns rent controls would 'not benefit tenants' in long run

NRLA warns rent controls would 'not benefit tenants' in long run

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Trade association the NRLA has warned that rent controls would prompt a third of landlords to sell up if they were introduced in England.

Big build-to-rent firm in trouble over 'misleading consumers'

Big build-to-rent firm in trouble over 'misleading consumers'

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News
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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.

Big building society follows other BTL lenders and cuts rates

Big building society follows other BTL lenders and cuts rates

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News
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Leeds Building Society cuts BTL mortgage rates after BoE’s base rate falls from 5.25% to 5%, offering landlords more competitive deals.

Tory policies blamed for rise in costly student housing

Tory policies blamed for rise in costly student housing

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News
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Exiting student landlords have paved the way for PBSA developers charging higher rents, according to The FT.

Panic selling as landlords fear capital gains tax raid

Panic selling as landlords fear capital gains tax raid

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News
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Chancellor of the Exchequer Rachel Reeves refusing to rule out a swinging increase in capital gains tax (CGT) for landlords

Report shows 11% of tenants paying 60% of their income as rent

Report shows 11% of tenants paying 60% of their income as rent

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News
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A new report based on data from 46,000 renters reveals shocking data on how much they are spending on their rent.

Big boiler manufacturer promises not to repeat 'greenwashing' claims

Big boiler manufacturer promises not to repeat 'greenwashing' claims

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News
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One of the UK’s biggest gas boiler manufacturers used by millions of landlords has promised not to ‘greenwash’ its part-hydrogen fuelled boilers.

How many laws must landlords adhere to, asks legal expert

How many laws must landlords adhere to, asks legal expert

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News
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Law-savvy landlords are being asked to help compile a definitive list of legislation impacting the PRS.

No.10 cat 'backs' mandatory pet damage insurance campaign

No.10 cat 'backs' mandatory pet damage insurance campaign

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News
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Larry the Number 10 cat has backed a charity’s campaign to change the law allowing tenants to keep pets.

Hardship test “bombshell” for landlords

Hardship test “bombshell” for landlords

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News
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Labour’s housing minister Matthew Pennycook is said to be planning a “hardship test”

New minister says transfer from housing benefit to Universal Credit 'smooth' but expert disagrees

New minister says transfer from housing benefit to Universal Credit 'smooth' but expert disagrees

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News
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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.

Landlord fined £10,000 over failure to do £169 safety check

Landlord fined £10,000 over failure to do £169 safety check

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News
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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.

Higher BTL repossessions making rental shortage worse says Law Society

Higher BTL repossessions making rental shortage worse says Law Society

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News
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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.

'We're seeing mostly older landlords selling up' says agency boss

'We're seeing mostly older landlords selling up' says agency boss

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An exodus of older landlords is paving the way for build-to-rent investors and younger landlords looking to capitalise on higher yield properties, according to a big estate agency boss.

Landlord property repossessions continue upward trajectory

Landlord property repossessions continue upward trajectory

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News
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At least 710 buy-to-let mortgaged properties were repossessed in the second quarter of the year, 13% up on the previous quarter and 51% up year-on-year.

OpenRent and Rightmove's 'war of words' ends with new deal

OpenRent and Rightmove's 'war of words' ends with new deal

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News
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Online lettings firm OpenRent and Rightmove have signed a new property listings deal after several weeks of corporate brinkmanship over fees.

COURTS: Time to evict a tenant jumps 15% to 25 weeks

COURTS: Time to evict a tenant jumps 15% to 25 weeks

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News
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The average time from claim to landlord repossession has jumped to 25.4 weeks, up from 22.1 weeks in the same period in 2023, according to the latest government figures.

'Supply of rented property thinning out, and Labour's not helping'

'Supply of rented property thinning out, and Labour's not helping'

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News
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Gloomy letting agents have reported a fall-off in private rentals coming onto the market around the country.

How to turn non-profitable headache portfolios into slick, high profit machines again

How to turn non-profitable headache portfolios into slick, high profit machines again

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Landlord Sales Agency has been touted as the UK’s best company for landlords to go to who are looking to increase the profits of their property portfolios.

Reeves dodges ruling out CGT increases for landlords

Reeves dodges ruling out CGT increases for landlords

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News
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Chancellor of the Exchequer Rachel Reeves has refused to rule out increasing capital gains tax for landlords selling their rental properties during interview with a US business TV channel.

London's high rents causing big problems for recruiters

London's high rents causing big problems for recruiters

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A business consultancy has warned that London’s high rents mean many companies in the capital are struggling to recruit staff as younger jobseekers look for employment elsewhere in order to access lower-cost homes.

Protesters strike again as cash-strapped council disposes of properties

Protesters strike again as cash-strapped council disposes of properties

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Cash strapped Somerset Council has County Hall vandalised for fourth time...

Landlord faces 'ban' after licensing lapse in Wales

Landlord faces 'ban' after licensing lapse in Wales

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News
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A landlord in Wales faces is to pay £5,088 in fines and surcharges after operating three properties in Swansea without a licence and has also been effectively banned from the sector.

LandlordZONE reveals one-day NRLA takeover

LandlordZONE reveals one-day NRLA takeover

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We’re pleased to announce that on August 7th, for one day only, the NRLA will be hosting a sponsored takeover here on LandlordZONE!

OFFICAL: Number of properties bought by landlords drops by 14%

OFFICAL: Number of properties bought by landlords drops by 14%

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The number of buy-to-let properties bought by landlords during the past 12 months has dropped by 14%, official HMRC figures reveal