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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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Validity of Section 21 Notice: Amak Property Investments v Laura Sonny [2016]This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had not complied with the deposit protection (MyDepo

How to do a rent review - Part 2

How to do a rent review - Part 2

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Essential guide to rent reviews: why reading the lease is crucial for landlords and tenants to navigate rent adjustments effectively.

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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Tenant Agreement: The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard

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

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Lack of advice stalling landlords' efforts to make properties greener, says RICS

Lack of advice stalling landlords' efforts to make properties greener, says RICS

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Landlords and industry professionals have been invited to share their thoughts on a new professional standard aimed at helping surveyors provide useful retrofitting advice. The Royal Institution of Chartered Surveyors (RICS) has launched a consultation on its draft <strong id=""

'I'm so sorry' helps landlord avoid prosecution after illegal eviction attempt

'I'm so sorry' helps landlord avoid prosecution after illegal eviction attempt

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A contrite landlord has apologised to the tenant he tried to illegally evict after being rapped on the knuckles by Coventry Council. The landlord sent text messages telling his tenant to leave when they told him the rent would be late. He then visited the property and took the t

EXPERT: 'Binning Section 21 won't help as many tenants as campaigners hope'

EXPERT: 'Binning Section 21 won't help as many tenants as campaigners hope'

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Section 21 is the biggest headline grabbing element of the Renters Reform Bill but will be the least effective pieces of the legislation. Thats according to letting agent Kristjan Byfield (main picture), co-founder ofhttps://www.baseps.co.uk/"

High Street bank joins in criticism of Government over stalled evictions reform

High Street bank joins in criticism of Government over stalled evictions reform

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Shelter has this morning launched a campaign in partnership with the Co-operative Bank to persuade the Government to press ahead with its proposal to abolish Section 21 evictions. The two organisations have launched a PR stunt on Parliament Square today covering it with 172 card

SHOCK: 30% of landlords looking to sell 'some properties' says big broker

SHOCK: 30% of landlords looking to sell 'some properties' says big broker

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New data reveals the extent of the landlord exodus prompted by the current mortgage rate surge with 36% of landlords polled revealing they plan to sell a property over the next 12 months. The proportion intending to sell some properties was at 30%, up from 28% the last tim

Proportion of tenants over 65 years old set to surge in coming decade

Proportion of tenants over 65 years old set to surge in coming decade

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Landlords are increasingly likely to be renting to older tenants in the coming decade with the proportion of renters in private rented accommodation over 65 years old doubling to 11.5%, it has been reported. Letting agency Hamptons says its research reveal

Midlands council reveals crackdown on unlicenced HMOs with unusual results

Midlands council reveals crackdown on unlicenced HMOs with unusual results

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A council crackdown has uncovered four unlicensed HMOs and one being used as a cannabis factory in Kettering and Corby. North Northamptonshire Council joined forces with Northamptonshire Police in a week-long inspection of 76 HMOs, four of which are still being investigated.

Leading lawyer asks landlords for help to reverse 'morally wrong' HMO rules

Leading lawyer asks landlords for help to reverse 'morally wrong' HMO rules

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HMO owners and associations are being urged to support calls for a rethink of plans to remove licensing requirements for HMOs used as asylum accommodation. Property lawyer at JMW, David Smith , wants the High Court to agree to a judicial review of changes o

LATEST: Rental homes stock plummets by 35% to four-year low

LATEST: Rental homes stock plummets by 35% to four-year low

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The number of available private rental homes has dropped by more than a third since 2019 to a 14-year low. Only 241,000 PRS homes were available last month compared with 370,000 in June 2019, a fall of 35%, according to consultancy TwentyCi which analysed

Are you? Half of landlords worried about a Labour government

Are you? Half of landlords worried about a Labour government

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More than 40% of landlords are still undecided about who to vote for in the upcoming general election, while nearly half have concerns over a potential change in government.

Gove quits parliament, but what did he do for landlords?

Gove quits parliament, but what did he do for landlords?

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Michal Gove will leave the Department for Levelling Up, Housing and Communities having seen his Leasehold and Freehold Reform Bill make it onto the statute book.

Landlord banned for three years from renting properties

Landlord banned for three years from renting properties

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A rogue landlord who let his tenant sleep in a bike store and rented out a crumbling property has been banned from letting houses in England for three years.

Tribunal publishes decision in dispute between tenant and agent

Tribunal publishes decision in dispute between tenant and agent

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A letting agent investigated by the BBC following complaints about the management of a student HMO in Salford has lost his appeal against expulsion from his industry’s trade association.

Councils issue record number of HMO licences

Councils issue record number of HMO licences

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An increase in licensing schemes pushed the number of HMO licences issued in England up to a record-breaking 27,177 last year.

Dismay as renting reforms finally hit the buffers

Dismay as renting reforms finally hit the buffers

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The Renters (Reform) Bill has been abandoned and must now go back to the drawing board after years of uncertainty and political wrangling.

South West properties see strongest tenant demand

South West properties see strongest tenant demand

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Eight in 10 landlords are reporting strong levels of tenant demand, Paragon Bank research has revealed.

All for nothing? General election 'death knell for Tories' renting reforms'

All for nothing? General election 'death knell for Tories' renting reforms'

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The Renters (Reform) Bill is almost dead in the water following the announcement of a 4th July general election which probably won’t leave time for it to become law before Parliament is dissolved next Thursday.

Comment: The Labour Party is at odds with itself over rent controls, just how effective are they?

Comment: The Labour Party is at odds with itself over rent controls, just how effective are they?

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The threat of rent control still lingers, despite Labour claiming the party policy goes against it, landlords still leaving...

Experts pour cold water on Welsh rent controls plans

Experts pour cold water on Welsh rent controls plans

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The Welsh Government should reinforce existing legislation, remove barriers to building more adequate homes and improve how it collects data instead of bringing rent controls into the housing debate, according to Propertymark.

Northern Mayor vows to seize properties from rogue landlords

Northern Mayor vows to seize properties from rogue landlords

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New North East mayor Kim McGuinness has vowed to seize properties from irresponsible landlords as part of her plan to stand up for renters.

Right to Rent rules relaxed to help landlords and agents

Right to Rent rules relaxed to help landlords and agents

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Changes to the EU Settlement Scheme mean tenants granted pre-settled status can continue to prove their right to rent easily while landlords will be better able to check their immigration status.

Sunak names date for election as 55% of landlords revealed 'undecided'

Sunak names date for election as 55% of landlords revealed 'undecided'

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Landlords are likely to be targeted heavily by political parties as new research shows most remain undecided following Rishi Sunak’s decision to go for a July 4th General Election.

Council to 'educate' renters in person if they live within new licencing areas

Council to 'educate' renters in person if they live within new licencing areas

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Gateshead plans to include a third of its private rented properties in a selective licencing scheme that also aims to improve tenants’ wellbeing and prompt landlords to boost energy efficiency.

Housing minister slammed over failure to weed out rogue letting agents

Housing minister slammed over failure to weed out rogue letting agents

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A cross-party group of peers has attacked the government for sidestepping its proposals to clamp down on rogue letting agents.

Tenants should face consequences if they don't pay the rent, say landlords

Tenants should face consequences if they don't pay the rent, say landlords

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Landlords are less worried by the Government’s looming Renters (Reform) Bill and more concerned about the financial squeeze they face including tenants who don’t pay their rent, a new poll reveals.

160,000 rented homes 'disappear' from rental market

160,000 rented homes 'disappear' from rental market

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At least 163,000 privately rented properties disappeared from the market between 2019 and the end of 2023 as the number of landlords selling up outstripped purchases.

Legal Matters: Your Section 21 notice – is it valid?

Legal Matters: Your Section 21 notice – is it valid?

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Serving a Section 21 notice - you need to be meticulous in your preparation, making sure you have complied faultlessly with all the regulations

Ending fixed-term tenancies 'doesn't make sense' says Foxtons

Ending fixed-term tenancies 'doesn't make sense' says Foxtons

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A big lettings agency has questioned why the government is set on pursuing the end to fixed term tenancies, while ignoring the needs of landlords and tenants.

Labour report says tenants should be given 'rights charter'

Labour report says tenants should be given 'rights charter'

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A Labour-commissioned review of the private rented sector has called for a new renters’ charter to strengthen tenants’ rights and a mandatory National Landlords Register to help enforce compliance.

London landlords to repay tenants £45,000 after Tribunal decisions

London landlords to repay tenants £45,000 after Tribunal decisions

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Three London landlords are to pay over £45,000 in rent back to their tenants following separate Tribunal decisions, highlighting the increasing risks of Rent Repayment Orders as renters become more aware of the huge sums that are often involved.

Council launches licencing despite 'NO' from 73% of landlords

Council launches licencing despite 'NO' from 73% of landlords

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The London Borough of Lambeth is to launch a £923 per property selective licencing scheme in four wards this September after a lengthy consultation period that began in December last year.

EXCLUSIVE: Landlord reveals why his green upgrade cost £150,000

EXCLUSIVE: Landlord reveals why his green upgrade cost £150,000

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A landlord who raised a rental property's EPC from a band F to an A has urged others to make energy efficiency improvements that benefit both their property and their tenants.

Controversial landlord given suspended sentence over harrassment

Controversial landlord given suspended sentence over harrassment

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Controversial landlord Fergus Wilson has been handed a suspended prison sentence after being found in contempt of court for breaching an injunction preventing him from harassing staff and councillors at Ashford Borough Council.

Northern council green lights £653 selective licencing scheme

Northern council green lights £653 selective licencing scheme

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Stockton on Tees councillors have given the green light to a new selective licensing scheme covering three areas of the borough.