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
Providing a Reference - I have been asked to provide a reference for one of my tenants who is moving on. What is my legal position in this and am I putting myself at risk if I say he was a bad tenant?</h2> Referencing (seeking verification of a tenants past performance) is an increasi
Polystyrene Ceiling Tiles - is it legal to have these tiles in the kitchen of a rental property?</h2> There are currently no regulations specifically banning the use of polystyrene ceiling tiles in existing rented property.However, it is unlikely that local authority fire officers and en
Misrepresentation - We recently rented out our rural cottage to a couple. As they wanted to use their computers I said it was possible to get high-speed broad-band. I thought this would be possible but it seems it is not at this time. The couple are now claiming that I misled them and that
I'm receiving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?</h2> It's fairly common to have mail arriving for months and even years after residents have left,
Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?</h2> The Assured Shorthold Tenancy is the default tenancy for residential lettings and since October 2010 this applies to rents up to �100,000
Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a
Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?Once a Section 21 notice has been served correctly it continues indefinitely, until such time as the tenancy is ended, either
Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?</h2>The term covenant can have several meanings and has biblical origins but it is of particulalry significance
2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t
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
A row has broken out over plans to re-introduce selective licencing for landlords within parts of the Salford area of Manchester.
Labour has confirmed that it will require all private sector landlords to bring their properties up to a minimum Energy Performance Certificate (EPC) band C by 2030.
Portfolio changing? Discover how the NRLA is helping landlords adapt to evolving market conditions.
Commercial property might be sensible way of diversifying your overall investment portfolio risk
If as many expect Capital Gains Tax (CGT) rates are aligned to people’s personal income tax then landlords selling properties would be on average £11,00 worse off, it has been claimed.
Housing minister Matthew Pennycook has confirmed that Labour has no plans to introduce rent controls in England.
A further sign that landlords are selling up comes from new HMRC figures that reveal an increase in Capital Gains Tax (CGT) revenues for the Government from the sale of residential properties.
A leading lettings agency boss has pinned rising rents and fewer properties to rent squarely on the previous Conservative Government, says its policies have ‘driven away’ landlords.
Bank of England cuts base rate to 5%, offering relief to landlords with buy-to-let mortgages nearing the end of fixed-rate deals.
Encouraging landlords to rent out more homes will not solve the housing crisis, it has been claimed.
A rogue landlord who was also a letting agent in Essex has been banned from being a landlord in England for three years.
A big council in the East Midlands has revealed plans to extend and widen its additional licencing scheme for HMOs.
Labour has moved to make good on its manifesto promise to reform and improve the Right to Buy scheme which, under the Tories, saw the number of publicly-funded affordable rented homes in England shrink dramatically.
Councils are failing in more ways than one. When it comes to complaints from their tenants, repairs and maintaining safety standards, councils are not performing
An HMO landlord has lost his appeal against an improvement notice ordering him to update a 'paddle staircase'.
The number of short lets in Scotland fell last year as the sector felt the impact of its licensing scheme clampdown.
One in five private renters had to provide a guarantor when moving into their current property - equating to 940,000 households - according to the latest English Housing Survey.
Millions owed to a lender by businesses which collapsed due to the oversupply of student accommodation in Newcastle are unlikely to be recovered.
A private landlord in Kent has submitted plans for what will be the UK’s largest HMO if the scheme gets the go-ahead.
Flats and smaller houses make the best buy-to-let investment for landlords, having seen the strongest annual increase in average yield compared with other property types during the past 12 months.
Traditional private landlords are rapidly being replaced by pension funds and private equity firms seeking to capitalise on the lucrative build-to-rent sector.
Home REIT, the investment trust marketed as the dream scheme to house 10,000 homeless and needy tenants, and a sure-fire investment alternative in property, is folding with extensive debts and legal claims
A councillor in the North of England has pushed back against unlikely claims that large firms operating HMOs are ‘taking away his town’s family homes’.
Looking to boost your property portfolio? Below are the five factors you must consider before your next property purchase.
A landlord who sub-let an unlicensed HMO, failed to pay thousands of pounds in rent to the owner and illegally evicted a tenant has been handed a £4,872 rent repayment order.
