How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a
Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati
Landlords sometimes face a dilemma when they want to sell a rental property, or even a portfolio of their rental properties. Sometimes landlords have no choice but to sell as they are being forced to sell for financial reasons.Residential properties, unlike their commercial counterparts, always s
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
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
Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu
There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR
Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y
With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio
Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan
Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the
Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a
As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there
The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina
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.
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.
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.
Liverpool Council has teamed up with the emergency services and HMRC to share intelligence and weed out 'non-compliant' landlords.
A new poster campaign on the London Underground is urging travellers to report dodgy landlords.
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.
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.
Labour’s rental reforms, has Labour's Rental Charter have they been watered down in the King's speech?
Landlords in the London borough face paying an extra £174 for an additional HMO licence if plans get the green light.
The Welsh government has been warned it risks reducing the supply of student accommodation if changes to tax reliefs are introduced.
Fewer than 17,500 purpose-built student beds are expected to be added in the coming academic year, representing only 0.6% growth.
The new Labour government won’t wait to improve the court system before abolishing Section 21, predicts a top property lawyer.
Nearly 200,000 private renters haven’t had their deposits protected under an authorised scheme, according to new government data.
Property experts have warned that Labour’s promise to finish the job of ending the “feudal” leasehold system could complicate leaseholders’ situation.
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.
A Midlands council is on an unusual mission to get more students living in purpose-built student accommodation (PBSA) instead of traditional HMOs.
This morning’s King’s Speech to a packed House of Lords has revealed Labour’s radical plans for landlords, letting agents and tenants.
Keen thirty-something investors have helped to lower the average age of private landlords by four years over the last decade.
The number of former rental properties currently for sale has risen dramatically as more landlords exit the market or downsize.
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.
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
Brighton & Hove Council is to ask the government if it can start licensing short-term lets in a bid to combat their impact on local communities.
A charity is looking to reboot its campaign urging the public and MPs to support reforms around keeping pets in rental properties.
Exceptional growth in the build-to-rent (BTR) sector has pushed completions to a record high during the past 12 months.
Local councils across the UK have been offering private landlords sweet deals for some time now to help solve the housing crisis, but one borough council is offering one that goes the extra mile.
