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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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Government's war on landlords causing havoc in the rental market

Government's war on landlords causing havoc in the rental market

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Britains demented war on landlords has already backfired�, says Daily Telegraph columnist Matthew Lynn, and There is no sign whatsoever that the Government realises it is to blame,� he says. Furthermore Mr Lynn says that the chaos in the rental market

Free service launches that saves landlords energy costs during voids

Free service launches that saves landlords energy costs during voids

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A void energy solution and switching service for 'end of tenancy' promises to trim pounds from landlords bills. Empty rental properties incur a range of standing charges that average between 10p and 80p per day for electricity and from 5p to 60p per day for gas, averaging out

ELECTIONS: 'Get political and quiz candidates' landlords are told

ELECTIONS: 'Get political and quiz candidates' landlords are told

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Landlords should do their homework before voting in the local elections next week and take the chance to quiz candidates on issues affecting the PRS, advises Leaders Romans Group (LRG). It points to a number of pressing local issues which can be determined

WARNING: Landlords have just five weeks to comply with new Welsh renting laws

WARNING: Landlords have just five weeks to comply with new Welsh renting laws

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Landlords have until 1st June to comply with the new and relatively convoluted Rented Homes Wales legislation following its introduction last December. Under the new law, standard contracts have replaced assured shorthold tenancies a

Block managers under fire over 'large commissions' paid to them by insurance firms

Block managers under fire over 'large commissions' paid to them by insurance firms

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Companies selling multi-occupancy insurance will have to act in leaseholders best interests under new proposals from the Financial Conduct Authority (FCA). It is demanding new rights and protections to improve the transparency of the multi-occupancy leasehold buildings insura

EXCLUSIVE: Jersey landlord leader slams rent controls and 'open' tenancies plan

EXCLUSIVE: Jersey landlord leader slams rent controls and 'open' tenancies plan

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Jersey has launched a consultation into sweeping reforms including rent controls and open-ended tenancies, prompting fears that they could force more private landlords to quit the sector. The islands government aims to increase protections for both tenants and landlords

BREAKING: Government considers harsher penalties for 'sex for rent' landlords

BREAKING: Government considers harsher penalties for 'sex for rent' landlords

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A new law to crack down on predatory landlords who exploit vulnerable people for sex in return for free or discounted rent is being considered, Home Secretary Suella Braverman (main picture) has announced. Her department is seeking the views of victims, the police and charities

Mandatory five-year electrical checks are required

Mandatory five-year electrical checks are required

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There are heavy fines for those landlords who fail to have their rental properties tested by a qualified electrician before letting, and for existing tenancies, or if they fail to comply with any of the important recommendations made in a test report. The landlord will ordinarily have 28 da

Judge says landlords need licence clause in contracts

Judge says landlords need licence clause in contracts

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Tribunal judge warns landlords to include licensing update clauses in agency contracts to avoid fines for non-compliance with licensing requirements.

WARNING: 'Unintended consequences of leasehold reforms'

WARNING: 'Unintended consequences of leasehold reforms'

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A legal expert has warned that an amendment to the recently-passed Leasehold and Freehold Reform Act that raises the 25% non-residential limit in collective enfranchisement claims to 50% will have serious consequences for mixed-use developments.

NRLA to drop 'landlord' in bid to change public perceptions of sector

NRLA to drop 'landlord' in bid to change public perceptions of sector

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The NRLA is to drop the word ‘landlord’ from its strapline in a bid to change public attitudes of those who rent out and manage properties.

The importance of guarantors in safeguarding tenancy payments

The importance of guarantors in safeguarding tenancy payments

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Guarantors in rental agreements provide financial security for landlords. Understand their role, responsibilities, and tips for both parties.

Labour will allow 'bidding wars' but only if tenants start them

Labour will allow 'bidding wars' but only if tenants start them

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The Labour party has clarified that although it will seek to stop agents and landlords encouraging bidding wars, tenants will be allowed to make ‘voluntary’ higher offers above the original rental asking price.

NRLA backs Labour's plan to stop bidding wars for rental homes

NRLA backs Labour's plan to stop bidding wars for rental homes

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The NRLA has backed Labour’s proposal to stop landlords and letting agents enabling ‘bidding wars’ by requiring them to advertise a proposed rent based on market rates, with bids above that figure prohibited.

Landlord to repay tenants £21,500 after Tribunal probe

Landlord to repay tenants £21,500 after Tribunal probe

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Four tenants will share a £21,515 rent repayment order after they took their landlord to court for repeatedly failing to licence his HMO.

JUDGE: Landlords cannot charge tenants who leave early for 'losses'

JUDGE: Landlords cannot charge tenants who leave early for 'losses'

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A landlord has been ordered to pay two former tenants £2,252 after a judge ruled that his letting agent agreement contravened the Tenant Fees Act.

Tenants want rent controls and more rights, new poll reveals

Tenants want rent controls and more rights, new poll reveals

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Private renters want the next government to control the pace of rent rises, build more homes and increase their rights and protections.

Section 21 evictions ban will not be 'immediate' Rayner interview reveals

Section 21 evictions ban will not be 'immediate' Rayner interview reveals

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Labour’s deputy leader Angela Rayner has admitted her promise to ban Section 21 ‘no fault’ evictions immediately after a General Election win isn’t quite what it seems.

TOM's Ultimate Guide for landlords, whose tenants can't pay the rent

TOM's Ultimate Guide for landlords, whose tenants can't pay the rent

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More than half of landlords have reported having lost some rental income due to their tenants struggling to afford the rent

'Rent rises must be allowed in Scotland or supply will dwindle more'

'Rent rises must be allowed in Scotland or supply will dwindle more'

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A leading Scots letting agent has warned that unless the Scottish government amends its rent control plans to allow for future increases, the level of investment in the country’s PRS will continue to slide.

Elderly landlord to pay £23,000 after tenant's complaint

Elderly landlord to pay £23,000 after tenant's complaint

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A rogue landlord has been ordered to pay more than £23,000 after letting out a dilapidated and dangerous house to a family in Camber.

'Labour's plan to devolve power will see rent controls by back door'

'Labour's plan to devolve power will see rent controls by back door'

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Labour could introduce rent controls via the back door by devolving power to regional and city mayors, a property expert warns.

UK's largest renting trade bodies warn political parties

UK's largest renting trade bodies warn political parties

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Two of the UK’s biggest trade organisation representing the private rental sector have revealed their concerns over the big political parties’ electoral promises to crack down against landlords.

Major housebuilder switches to renting, not selling homes

Major housebuilder switches to renting, not selling homes

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Housebuilder Berkeley has announced its ambition to become a big player in the build-to-rent market amid sluggish demand from buyers.

Rent controls do not work and never will, expert warns Labour

Rent controls do not work and never will, expert warns Labour

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Rent controls are a potential bombshell in Labour’s manifesto that could have unintended consequences, according to one property expert.

8 essential things for prospective landlords to consider before purchasing a buy-to-let

8 essential things for prospective landlords to consider before purchasing a buy-to-let

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It's essential to ensure that property is the right investment vehicle for you and to choose a property and type of let that aligns with your financial objectives.

Three steps to auction finance success

Three steps to auction finance success

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Three essential steps to secure auction finance successfully—navigate bidding, funding, and acquisition with confidence.

NEW: Labour launches broadside against bad landlords and 'vested interests'

NEW: Labour launches broadside against bad landlords and 'vested interests'

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Labour has launched a broadside against bad landlords as it adds more flesh to its manifesto bone in a bid to win the ‘renter vote’.

Scots and English Labour disagree publicly over rent controls

Scots and English Labour disagree publicly over rent controls

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Scottish Labour have promised that their new MPs will push for rent controls, despite the national party coming out against them.

INSIGHT: Will lower inflation see mortgage rates drop for landlords?

INSIGHT: Will lower inflation see mortgage rates drop for landlords?

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Landlords will have to wait a few more months for any real mortgage rate relief, despite today’s fall in inflation to 2%, experts tell LandlordZONE

After disastrous rent controls, SNP goes quiet on landlords

After disastrous rent controls, SNP goes quiet on landlords

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The SNP has published its manifesto in the run-up to next month’s general election – but renters and landlords barely get a look in.

'Rookie landlords now more at risk from selective licencing'

'Rookie landlords now more at risk from selective licencing'

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A leading law firm has warned that newbie landlords are at risk of ‘significant consequences’ because many are unaware that selective licencing is spreading rapidly across most urban areas of the UK.

OUT OF TOUCH? Minister claims landlords 'support rent controls'

OUT OF TOUCH? Minister claims landlords 'support rent controls'

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Scotland’s new housing minister Paul McLennan has surprised landlords by controversially claiming that the country’s private rented sector supports rent controls.

Labour casts doubt on Tory's CGT exemption scheme for landlords

Labour casts doubt on Tory's CGT exemption scheme for landlords

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Labour has cast doubt on the Conservatives’ proposal for a two-year temporary capital gains tax break for landlords who sell to their existing tenants