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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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NE town reveals plans to start selective licensing for landlords

NE town reveals plans to start selective licensing for landlords

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Landlords in Grimbsy are being asked for their views on a new selective licensing scheme for parts of the East Marsh ward.

NEW: Research reveals key reason for political action on 'unfair' PRS

NEW: Research reveals key reason for political action on 'unfair' PRS

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Over two thirds of private renters in the UK believe it is ‘too easy’ for landlords to take advantage of tenants, much higher than the global average of 59%.

Uswitch has produced the latest ‘Mouldy Nation Report’

Uswitch has produced the latest ‘Mouldy Nation Report’

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The energy specialist, comparison website operator Uswitch, has released its latest “Mouldy Nation Report”

TV presenter warns landlords over Ofgem's eletricity meter 'cliff face'

TV presenter warns landlords over Ofgem's eletricity meter 'cliff face'

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Landlords have been warned to swap their Radio Teleswitch Service (RTS) meters at rental properties by 30th June or face possible legal action.

Is Scotland getting ready for its own EPC minimum for landlords?

Is Scotland getting ready for its own EPC minimum for landlords?

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The Scottish Government is to upgrade its Energy Performance Certificates (EPC) system.

Government raises legal aid fees for tenants' eviction solicitors

Government raises legal aid fees for tenants' eviction solicitors

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A new consultation has been launched into how tenants at risk of unfair eviction could benefit from a £20 million a year boost in legal aid.

Rogue tenant prosecuted after running barking business from filthy home

Rogue tenant prosecuted after running barking business from filthy home

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A rogue tenant has been prosecuted for running an illegal dog breeding service inside her filthy rented property.

Falling rates trend brings surge in demand for commercial property investment

Falling rates trend brings surge in demand for commercial property investment

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Commercial property portal Rightmove sees a 28% increase across all sectors

Government kicks dozens of eco installers off schemes used by landlords

Government kicks dozens of eco installers off schemes used by landlords

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The Energy Company Obligation 4 (ECO4) and Great British Insulation Scheme - used by landlords to insulate homes - have been hauled up for fitting substandard solid wall insulation.

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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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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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.

Big lender changes mortgage T&Cs to allow Airbnb lets during void periods

Big lender changes mortgage T&Cs to allow Airbnb lets during void periods

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A major high street lender has changed the terms and conditions of its mortgages to enable landlords to rent their properties out on short-term and holiday let sites such as Airbnb and Booking.com during void periods.

Council plan: Move students from HMOs to PBSA

Council plan: Move students from HMOs to PBSA

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A Midlands council is on an unusual mission to get more students living in purpose-built student accommodation (PBSA) instead of traditional HMOs.

LATEST: King's Speech reveals Labour's new Renters' Rights Bill

LATEST: King's Speech reveals Labour's new Renters' Rights Bill

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This morning’s King’s Speech to a packed House of Lords has revealed Labour’s radical plans for landlords, letting agents and tenants.

Landlords 'getting younger' latest research reveals

Landlords 'getting younger' latest research reveals

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Keen thirty-something investors have helped to lower the average age of private landlords by four years over the last decade.

EXODUS: 18% of homes for sale are former rentals

EXODUS: 18% of homes for sale are former rentals

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The number of former rental properties currently for sale has risen dramatically as more landlords exit the market or downsize.

BREAKING: Inflation under control but property costs still soaring

BREAKING: Inflation under control but property costs still soaring

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Official figures show inflation has held steady at 2% over the past 12 months but the detailed briefing from the Office of National Statistics also reveals that property costs remain at historically high levels.

What can landlords expect from this new Labour government?

What can landlords expect from this new Labour government?

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Tom Entwistle looks at the likely changes ahead of this week’s King’s speech - this should reveal a bit more detail and the general direction of travel by Labour