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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

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

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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

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

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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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Suburban landlords to see bonus as more renters commute into London

Suburban landlords to see bonus as more renters commute into London

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Better transport links to the capital have boosted the number of Londoner commuters happy to spend time on the tube or bus. Renters are living further away from the office than they did seven years ago because this doesnt necessarily equate to longer journey times due to impr

Major debt charity calls for more eviction protection for rent arrears tenants

Major debt charity calls for more eviction protection for rent arrears tenants

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A debt charity is calling on the government to introduce stronger protections for tenants who fall behind on their rent. StepChanges survey found that private renters struggled to afford their homes more than any other housing tenure, with one in six (1.2 million people) rely

'FEELING THE SQUEEZE': Third of tenants spending half their salary on rent

'FEELING THE SQUEEZE': Third of tenants spending half their salary on rent

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More than one in three tenants in the UK spend at least half their salary on rent, according to new data from flat-share site SpareRoom. Its poll of 11,000 private renters reveals that 81% spend more than 30% of their take-home pay on rent, leaving them rent burdened, mean

Annual rent inflation climbs again hitting nearly 5% across much of UK

Annual rent inflation climbs again hitting nearly 5% across much of UK

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Rent inflation continued to climb last month up by 0.1% to 4.7%, the Governments latest data for England shows. The Official for National Statistics (ONS) reports the annual increase, which compares the 12 months to the end of April 2023 to the previous months rent data.</

LISTEN IN: The Renters (Reform) Bill - what do the experts think?

LISTEN IN: The Renters (Reform) Bill - what do the experts think?

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In this bonus episode of The Property Cast, Sean Hooker, Head of Redress at the Property Redress Scheme, and leading property expert Kate Faulkner OBE, share their initial reactions to the Renters (Reform) Bill. In perhaps the biggest shake-up of the private rented sector in ove

POLL: Portfolio landlords moving to commercial as PRS becomes more difficult

POLL: Portfolio landlords moving to commercial as PRS becomes more difficult

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Large portfolio&nbsp;landlords are feeling upbeat despite the tough economic climate, with many eyeing the commercial sector for their next property purchase. The https://www.handelsbanken.co.uk/en/about-us" target="_blank" Handelsbanken </a

Leasehold WILL be abolished if we get into power, promises Labour

Leasehold WILL be abolished if we get into power, promises Labour

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Labour has vowed to abolish the leasehold system as soon as it comes to power following Michael Goves U-turn earlier this month. The Housing Secretary dropped https://www.landlordzone.co.uk/news/new-gove-sets-sights-on-scrapping-leasehold-ownership/" target="_blank"

LATEST: Decent Homes Standard 'missing' from Renters (Reform) Bill

LATEST: Decent Homes Standard 'missing' from Renters (Reform) Bill

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Environmental health bodies are to press the government on why it omitted plans for a Decent Homes Standard in the Renters (Reform) Bill. Despite including most of the promised draft legislation, the expected standards were missing and only mentioned in an accompanying press rel

'Fixed term tenancies MUST be preserved within reform bill for students lets'

'Fixed term tenancies MUST be preserved within reform bill for students lets'

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A proposed ban on fixed-term tenancies could penalise students amid an already heightened rental crisis in many cities. According to student rentals platform StuRents�

mydeposits and No Letting Go launch strategic partnership

mydeposits and No Letting Go launch strategic partnership

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mydeposits partners with No Letting Go to enhance inventory management and deposit protection for landlords and agents.

When does a tenancy legally commence?

When does a tenancy legally commence?

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A tenancy agreement between the landlord and the tenant is just like any other contract, it is legally binding on both parties.

Letting agent's contract renewal email spurs author to write book

Letting agent's contract renewal email spurs author to write book

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A private tenant has been inspired to pen her first novel by a contract renewal email sent by a letting agent - and has even named it after the letting platform involved.

Irony of ironies: Gove 'evicted' from his Ministerial home!

Irony of ironies: Gove 'evicted' from his Ministerial home!

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Housing Secretary Michael Gove faces eviction from his government-owned mansion on 5th July, the morning after the election.

HMO group wins gong for changing official tax policy

HMO group wins gong for changing official tax policy

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HMO Reform Group won a Lifetime Achievement Award at this year’s annual HMO Awards for its campaigning work to change the law on council tax being imposed on individual HMO rooms.

Next Government 'must fund better enforcement of rogue landlords'

Next Government 'must fund better enforcement of rogue landlords'

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Rogue landlords continue to give the sector a bad name because many councils enforce private rented sector standards weakly or not at all, a new report reveals.

Labour to help thousands of tenants get on the property ladder

Labour to help thousands of tenants get on the property ladder

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Labour has revealed an uncosted plan to help 80,000 young renters get onto the property ladder, assuming his party gains power atthe General Election.

WARNING: 'Bashing landlords will make PRS as bad as social homes'

WARNING: 'Bashing landlords will make PRS as bad as social homes'

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Standards in the PRS will soon fall to those in the social sector if regulation and licensing continues to push smaller landlords out, a leading letting agent and landlord has warned.

Landlords must update their home address or face fines, says judge

Landlords must update their home address or face fines, says judge

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Landlords need to update their home address with their local council’s property licensing department or risk a penalty, an appeal judge has ruled.

Landlords take council to High Court over 'rapacious' licensing fee

Landlords take council to High Court over 'rapacious' licensing fee

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Disgruntled landlords have started legal action against Middlesbrough Council in a bid to squash its upcoming selective licensing scheme.

If you’re thinking of selling, here’s how to get the highest price for your properties this year

If you’re thinking of selling, here’s how to get the highest price for your properties this year

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We’ve all seen the headlines, from mixed-message articles to advice from experts and landlords, but if now REALLY is the best time to sell, how can we ensure we’re getting the highest amount in the fastest time?

Letting agents flag huge worries over landlords leaving market

Letting agents flag huge worries over landlords leaving market

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Letting agents are concerned that increasing numbers of landlords are exiting the market.

London rental market cools down but will rest of UK follow?

London rental market cools down but will rest of UK follow?

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The capital’s rental market continues to show signs of slowing down, with prices rising by just 1% year-on-year in May while the number of viewing request per property has dropped too.

Controversial landlord calls on Reform to back landlords with tax breaks

Controversial landlord calls on Reform to back landlords with tax breaks

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Fergus Wilson has questioned whether new Reform UK leader Nigel Farage would restore Landlord Tax to the previous headline rate and put Capital Gains Tax down to a flat 10% for all landlords - the level of tax paid if held in a company.

Generation Rent says private rented homes must be 'nationalised'

Generation Rent says private rented homes must be 'nationalised'

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Generation Rent has called for private rented homes to be brought into public or tenant ownership in its list of demands for the next government.

Build-to-rent giants hoover up 1000s of homes in southern England

Build-to-rent giants hoover up 1000s of homes in southern England

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The rise of ‘built-to-rent’ homes as a major competitor for tenants with private landlords took a leap forward this week after two US firms revealed they had bought 1,750 homes off a UK builder that will now be rented out rather than sold.

Court refuses to alter terms of a commercial lease on renewal

Court refuses to alter terms of a commercial lease on renewal

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When the terms of a commercial renewal lease cannot be varied in the agreed between the parties, according to the provisions of the Landlord and Tenant Act 1954

CLADDING: Leaseholders still facing mortgage problems despite official promise

CLADDING: Leaseholders still facing mortgage problems despite official promise

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Nearly a quarter of mortgages on mid-rise flats required an ESW1 form this year, despite government promises that leaseholders in these blocks affected by the cladding scandal would no longer need one when selling or remortgaging.

Labour to re-start renting reforms abandoned by Tories, predicts NRLA

Labour to re-start renting reforms abandoned by Tories, predicts NRLA

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Labour is likely to reintroduce the Renters (Reform) Bill in a similar form if it wins the election and has already confirmed its view that the court process needs speeding up.

'Landlords part of solution to housing crisis, not the problem'

'Landlords part of solution to housing crisis, not the problem'

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Any new government must continue to encourage private landlords if it is to effectively tackle the housing crisis, according to property lawyer David Smith.

'Outdated and inaccurate' EPCs need reform say experts

'Outdated and inaccurate' EPCs need reform say experts

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Calls are growing for a thorough overhaul of the EPC regime amid claims that the information in many could be inaccurate and misleading.

Tenants continue to stay longer in homes, new research reveals

Tenants continue to stay longer in homes, new research reveals

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Private tenants are still renting their homes for longer than they did a decade ago, according to analysis by Zero Deposit.

Landlord fined £500 after sending housing minister racist emails

Landlord fined £500 after sending housing minister racist emails

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A landlord who sent offensive emails to MSP Patrick Harvie (main image) about his anti-landlord policies has been convicted of behaving in a threatening or abusive manner.

Landlord to pay £25,000 fine over new windows and messy bins

Landlord to pay £25,000 fine over new windows and messy bins

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A rogue landlord who ignored multiple planning enforcement notices has been ordered to pay more than £25,000.

Tougher HMO restrictions begin in East of England

Tougher HMO restrictions begin in East of England

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Landlords in Ipswich face restrictions on converting properties into HMOs after the council voted to introduce an Article 4 direction.