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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

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

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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

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 trio given UK's largest ever HMO fine

Landlord trio given UK's largest ever HMO fine

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Three rogue landlords who operated a string of unlicensed and unsafe HMOs across Northampton have been collectively fined a whopping £452,796.

New property 'powerhouse' organisation being planned

New property 'powerhouse' organisation being planned

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The formation of a new ‘powerhouse’ organisation to represent the commercial property sector including build-to-rent and co-living is under way, it has been announced.

Labour confirms plan to force landlords to lease out shops

Labour confirms plan to force landlords to lease out shops

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News
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Labour has confirmed that it will compel landlords of high street shops to rent out their premises if they stand empty for too long.

NRLA launches renters’ rights course nationwide

NRLA launches renters’ rights course nationwide

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NRLA launches Renters’ Rights course to help landlords navigate new laws, including Section 21 abolition and enhanced tenant protections.

Early signs of a turnaround in commercial property demand

Early signs of a turnaround in commercial property demand

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News
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Commercial property has been hit hard over the Covid period. Rightmove, with its copious amounts of data, has identified something of a turnaround

Landlord and former estate agent becomes shadow housing secretary

Landlord and former estate agent becomes shadow housing secretary

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A former estate agent who founded one of the UK’s largest property firms has been named by Kemi Badenoch as shadow housing secretary.

Government reveals intiative to build 3,000 rented homes

Government reveals intiative to build 3,000 rented homes

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News
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The Government is to become a significant provider of affordable private sector rental homes with plans to build some 3,000 units under a new name, Habiko.

Landlord pays a high price after forgetting to chase up licence

Landlord pays a high price after forgetting to chase up licence

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A landlord who forgot to chase up a licencing application for her rented property in London has paid a heavy price for her mistake after being ordered to return rent totalling £11,245 to her tenants.

Property licencing schemes should last for ten years, MPs are told

Property licencing schemes should last for ten years, MPs are told

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Comment has been made the Chartered Institue of Health Officers, which says such schemes should be the key tool for improving PRS home quality.

Idea of rent caps 'scares the life out of landlords' warns Shamplina

Idea of rent caps 'scares the life out of landlords' warns Shamplina

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Podcast
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Paul Shamplina warns that introducing rent caps could drive landlords out of the market, potentially worsening housing supply issues.

Decison imminent on new EPC target for landlords

Decison imminent on new EPC target for landlords

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News
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Private landlords are about to get a new deadline for making energy efficiency improvements to their properties.

Will Labour improve a dysfunctional housing market, or destroy it?

Will Labour improve a dysfunctional housing market, or destroy it?

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News
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Tom Entwistle considers the current state of the UK housing market and how it could be affected by Labour’s policies

Midlands council reveals start date for £1,000 a property HMO licences

Midlands council reveals start date for £1,000 a property HMO licences

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News
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More HMO landlords in the West Midlands borough of Sandwell face paying £1,000 for a licence after the council gave the go-ahead to an extended additional scheme to go live on October 1st 2024.

Plan revealed by Yorkshire city to 'get tough' on landlords

Plan revealed by Yorkshire city to 'get tough' on landlords

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News
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Sheffield Council is about to get tougher on private landlords as part of a new 10-year plan to improve the city’s housing.

Labour has just one job to do - stabilise the rental market, says agency

Labour has just one job to do - stabilise the rental market, says agency

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Good landlords have little to fear from a Labour government if it can stabilise the economy to support the property market and make renting easier and less volatile, according to one letting agent.

'Levelling up' dropped by Angela Rayner from housing department name

'Levelling up' dropped by Angela Rayner from housing department name

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Angela Rayner has revealed that the Department of Levelling Up, Housing and Communities that it is to drop ‘levelling up’ from its name and concentrate on ‘basics not gimmicks’.

Kemi Badenoch named shadow housing secretary by Sunak

Kemi Badenoch named shadow housing secretary by Sunak

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News
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Wannabe Tory leader Kemi Badenoch has been appointed by Rishi Sunak as his shadow housing secretary.

Cut your losses says landlord: Why this month’s mortgage rates are causing landlords to sell

Cut your losses says landlord: Why this month’s mortgage rates are causing landlords to sell

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If you were looking for a sign on whether or not to downsize or expand your property portfolio, this weeks’ news provided mixed messages on how landlords might be affected by Buy-to-let (BTL) mortgage rates.

Introducing Portfolio

Introducing Portfolio

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Introducing Portfolio: discover our new digital resource designed to streamline landlord operations.

Chancellor confirms no-fault Section 21 evictions ban

Chancellor confirms no-fault Section 21 evictions ban

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News
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Chancellor Rachel Reeves has today revealed Labour’s post-election plans to get the housing market moving but also confirms Section 21 evictions will go.

Khan eyeing more housing powers after Labour victory

Khan eyeing more housing powers after Labour victory

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London Mayor Sadiq Khan is confident he will be able to push ahead with a massive house building programme in the capital and new powers to control the housing market.

Landlord in hot water over 'no WFH' rental advert

Landlord in hot water over 'no WFH' rental advert

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News
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A landlord has got into hot water for telling prospective tenants that they’re not allowed to work from home.

Coroner calls for landlord register following tenant death

Coroner calls for landlord register following tenant death

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News
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A coroner has called on the government to set up a private landlord register in England after the mould-related death of a tenant.

Britain's youngest MP makes shock promise to campaign for tenants

Britain's youngest MP makes shock promise to campaign for tenants

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The UK’s youngest MP Sam Carling has revealed that he will work in parliament to improve the lot of renters following his shock victory in the General Election.

Matthew Pennycook appointed as Labour housing minister

Matthew Pennycook appointed as Labour housing minister

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Landlords may be relieved to hear that a Labour MP with experience of the private rented sector has been appointed to the Government.

TOM’s tips - Setting-up a new tenancy correctly

TOM’s tips - Setting-up a new tenancy correctly

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Experienced landlord Tom Entwistle, who has been letting property since the 1970s, gives some tips based on his experience when setting-up a new tenancy

EXCLUSIVE: Labour landslide decimates landlords' voice in parliament

EXCLUSIVE: Labour landslide decimates landlords' voice in parliament

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Landlord representation in Parliament will be hugely diminished after 50 Tory MPs with residential rental properties either lost their seat in the election or had previously stepped down.

BLOG: 'Labour must support the private rented sector - here's how'

BLOG: 'Labour must support the private rented sector - here's how'

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Labour's victory in the general election marks a significant turning point for the private rented sector (PRS). With their ambitious plans for housing reform, it is crucial that the new government addresses the pressing issues facing both landlords and tenants.

Landlords congratulate Labour but worry about eviction changes

Landlords congratulate Labour but worry about eviction changes

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Landlords have congratulated Labour on its landslide victory but warned that too much new red tape will make the housing shortage within the private rented sector even worse.

Tenants claim landlords 'failing to fix maintenance problems properly'

Tenants claim landlords 'failing to fix maintenance problems properly'

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A new poll reveals that 88% of tenants have had problems in rental properties and more than a quarter (26%) were unhappy with their landlord’s response.

'Battle of the HMO bins' ramps up in Liverpool's student areas

'Battle of the HMO bins' ramps up in Liverpool's student areas

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A battle between residents and HMO landlords is coming to a head in Liverpool where vacating students’ mess is being dumped on city streets.

TRENDS: Rental sector you've never heard of is growing the fastest

TRENDS: Rental sector you've never heard of is growing the fastest

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The co-living sector grew by 65% in 2023 - nearly 2,500 new beds - and looks set to treble to more than 20,000 beds by 2027.

OFFICIAL: BTL mortgage arrears and repossessions rise

OFFICIAL: BTL mortgage arrears and repossessions rise

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News
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A growing number of landlords are ending up in mortgage arrears and having their rental properties repossessed.

Eviction courts still not ready for Section 21 ban, says top lawyer

Eviction courts still not ready for Section 21 ban, says top lawyer

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A top property lawyer is adamant the courts won’t be able to handle a two-fold increase in possession actions when Section 21 is abolished.