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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

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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

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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

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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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Retro-fitting buildings for energy efficiency - is it worth it?

Retro-fitting buildings for energy efficiency - is it worth it?

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Refurbishing, or in the jargon - retrofitting - older commercial and residential buildings, according to the Government, is desirable and necessary, given that energy efficiency standards that will need to be met under the Governments legal commitment to net zero by 2050. But

Property firm boss banned for 12 years after falsely claiming �45,000 Covid loan

Property firm boss banned for 12 years after falsely claiming �45,000 Covid loan

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A property investor who falsely claimed a �45,000 Bounce Back Loan before dissolving his firm has been banned by the Insolvency Service. Simon Gorgin, 63, from Kings Langley, was sole director of P3 Estates Ltd until it was dissolved in December 2021. In May 2020,

Major council launches mould and damp crackdown in PRS including fines

Major council launches mould and damp crackdown in PRS including fines

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Hackney Council has launched a major enforcement drive against private landlords who ignore complaints about serious damp and mould, signalling an unofficial application of 'https://www.landlordzone.co.uk/news/opinion-should-awaabs-law-to-be-applied-in-the-private-rented-sector/" i

HMO landlords urged to share views on controversial council tax re-banding consultation

HMO landlords urged to share views on controversial council tax re-banding consultation

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Leaders of a campaign seeking to change the law on unfair HMO property council tax re-banding are urging landlords to input into the ongoing Government consultation on the matter due to end on the 31st March. As https://www.landlordzone.co.uk/news/exclu

Cowboy HMO landlord given �8,000 fine over 'horror house' HMO conversion

Cowboy HMO landlord given �8,000 fine over 'horror house' HMO conversion

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The landlord of a property dubbed a house of horrors� has been ordered to pay more than �8,000 by the courts. Barking and Dagenham Council enforcement officers discovered water leaks, broken windows and doors, a lack of fire protection, exposed electrical wiring, and rat a

Top Cities for Property Investment in Asia

Top Cities for Property Investment in Asia

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Explore Asia’s prime property hotspots—from Singapore and Kuala Lumpur to Tokyo—for strategic, international investment opportunities.

BTL mortgage options widen as lender confidence revives

BTL mortgage options widen as lender confidence revives

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BTL mortgage options broaden as lender confidence returns—more competitive deals appearing for landlords.

Landlords warned over Section 13 rent rises after Court of Appeal decision

Landlords warned over Section 13 rent rises after Court of Appeal decision

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The Court of Appeal has dismissed the case of a landlord who tried to evict a tenant in arrears after getting the date wrong on a Section 13 notice. Tenant Victoria Whiteland had lived in her cottage in Llanbydder, Carmarthenshire, since May 1991 but although the rent was due ev

'Landlords must be offered interest-free loans or grants for EPC upgrades'

'Landlords must be offered interest-free loans or grants for EPC upgrades'

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Estate agents have told politicians that Government-backed interest-free loans or grants to cover the cost of looming EPC upgrades are the only way many landlords will be able to fund the work. The comments have been made by industry association Propertymark

Kemi Badenoch named shadow housing secretary by Sunak

Kemi Badenoch named shadow housing secretary by Sunak

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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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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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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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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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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.

INTERVIEW: The HMO expert setting up ambitious service for UK landlords

INTERVIEW: The HMO expert setting up ambitious service for UK landlords

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An HMO sales firm has launched with the ambitious aim of becoming the sector’s go-to property platform.

DO YOU? 70% of landlords BACK 'rent controls of some kind'

DO YOU? 70% of landlords BACK 'rent controls of some kind'

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A majority of landlords back some form of rent control, a new poll by a leading letting agency has revealed, as the likelihood of Labour ‘interference in rent pricing’ increases.

'120,000 more homes needed if rents are to reduce'

'120,000 more homes needed if rents are to reduce'

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Rents are rising at record levels because the private rental sector needs an extra 120,000 homes, the UK’s largest property portal has claimed.

Commercial property space is recovering slowly amid changing requirements

Commercial property space is recovering slowly amid changing requirements

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A patchy and slow recovery across the commercial property sectors is boosted by the prospect of interest rate cuts

Support for Tories among renters HALVES in five years

Support for Tories among renters HALVES in five years

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The number of renters who plan to vote Conservative on Thursday has halved since the last election, from 20% to just 10%, according to a new poll. Zero percent of student tenants said they'd back Sunak.

Landlords and agents call for renting reforms to be passed ASAP

Landlords and agents call for renting reforms to be passed ASAP

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The NRLA has joined forces with property leaders to call for the next government to pass the Renters (Reform) Bill as a matter of urgency.

Tenant avoids jail after 'nasty' attempt to blackmail landlord

Tenant avoids jail after 'nasty' attempt to blackmail landlord

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A tenant who threatened to share a naked video of his former landlord if he wasn’t given back a cash deposit has been handed a 12-month suspended jail sentence.