Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re
There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
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
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
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
Essential guide on how to conduct a rent review, covering key clauses and best practices to protect landlord and tenant interests.
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
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
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
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
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
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
Salford Council is to launch a consultation into reviving one of its selective licencing schemes - offering landlords slightly cheaper licences than eight years ago.
Most buy-to-let landlords plan to raise rents in the next 12 months after being hammered by higher interest rates and operating costs.
Fewer tenants are going into rent arrears, according to the latest figures from Handelsbanken.
Paul Shamplina warns that introducing rent caps could drive landlords out of the market, potentially worsening housing supply issues.
Private landlords are about to get a new deadline for making energy efficiency improvements to their properties.
Tom Entwistle considers the current state of the UK housing market and how it could be affected by Labour’s policies
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.
Sheffield Council is about to get tougher on private landlords as part of a new 10-year plan to improve the city’s housing.
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.
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’.
Wannabe Tory leader Kemi Badenoch has been appointed by Rishi Sunak as his shadow housing secretary.
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: discover our new digital resource designed to streamline landlord operations.
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.
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.
A landlord has got into hot water for telling prospective tenants that they’re not allowed to work from home.
A coroner has called on the government to set up a private landlord register in England after the mould-related death of a tenant.
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.
Landlords may be relieved to hear that a Labour MP with experience of the private rented sector has been appointed to the Government.
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
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.
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 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.
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.
A battle between residents and HMO landlords is coming to a head in Liverpool where vacating students’ mess is being dumped on city streets.
