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
Almost two-thirds of landlords (62%) will be forced to raise rents by at least 10% in the next 12 months if market conditions dont improve. Research by Aldermore Bank found that despite this, landlords feel conflicted about passing on costs in an alread
Legal & General Capital helped fund more than 17,000 new homes across affordable housing, suburban build-to-rent (BTR), modular housing, traditional build-to-sell, and key worker homes last year. The insurance group invested �5 billion towards levelling up the UKs towns
If you havent heard of it before, the Renters' Reform Bill is set to be voted on before May 2023, bringing with it a plethora of proposed changes for landlords and tenants alike. Shelter , who along with other organisations are cam
Long-term HMO landlords in Portsmouth risk losing their C3/C4 status with no chance of getting it back due to confusion over planning rules, it is claimed. Many took advantage of the option to switch between family use (C3) and HMO (C4) without needing planning permission in 201
The rental sector is likely to see some of the biggest changes since the 1980s, so do your homework and keep yourself up-to-date. All the signs are that operating as a residential landlord in 2023 will be just as challenging as it was last year, if not more so here are my to
Leading property sector figure Kate Faulkner has been given an OBE in the New Years Honours List. Faulkners honour is for her involvement with landlords, estate agents and consumers including her work leading the property industry Home Buying and Selling Grou
The worst fears of a commercial landlord are realised when the flow on quarterly or monthly rent payments starts to dry up! Read on to find out what to do if you're faced with this. According to the latest available Office of National Statistics (ONS) figures, the number of comp
The NRLA has backed the growing number of student landlords 'panicked' by the Governments plans to bring in periodic or open ended tenancies across the private rental sector. Concern is widespread within the student community, new research reveals, with 84% saying they
A landlord in the Midlands has launched a parliamentary petition calling on the Government to reverse its Section 24 tax changes for landlords, which since 2017 has gradually removed their ability to claim mortgage interest rate against their tax liability. Announced by George O
A large landlord has been fined £528,000 after a maintenance crew member repairing a fence post inadvertently struck an underground cable, suffering facial burns.
Landlords in Portsmouth say vulnerable tenants are being unfairly displaced due to the council’s draconian additional licencing scheme.
A group of 30 Tory MPs have written to the Chancellor Jeremy Hunt warning that they may vote against the Government’s Leasehold and Freehold Reform Bill unless ground rents are abolished for both future and existing leaseholds.
Rent controls will undermine investment in Scotland’s PRS unless there is more long-term certainty, according to one leading lettings expert.
A landlord has avoided a £32,000 rent repayment order after a judge ruled his flat was at an address not covered by a licensing scheme, but only just.
Section 21 evictions reached record highs in 2023, with over 25,000 households facing homelessness, prompting calls for urgent reform.
The Green Party’s mayoral candidate in London has said she will bring in rent controls saying the time for ‘bold action’ has come.
Landlords have been promised fair compensation by a developer planning to bulldoze scores of homes on one of England’s most deprived housing estates.
Propertymark has urged London’s Mayor to crack down on short-term lets through licensing in a bid to tackle over-supply in the capital.
Troubled property development company Home Holdings has put another raft of HMOs onto the market in a bid to shore up losses.
The decision by George Osborne in 2015 to introduce a 3% additional stamp duty levy on landlords has seen a slump in the number of BTL properties bought in the Tory heartlands of Southern England.
A leading letting agent in Scotland has laid the blame for the country’s rental supply woes firmly at the feet of former Tenants’ Rights minister Patrick Harvie.
A rogue landlord and fugitive fraudster who intimidated his tenants is in jail after more than five years on the run.
A landlord who used an agreement that tried to undermine her tenants’ rights has been fined a total of £5,800.
Financially challenged Somerset Council has capitulated after a concerted campaign by protesters force it to abandon one of its business tenants
Signs that the market is moving into a recovery phase, though there is still ample evidence that there remains a challenging backdrop.
New changes to planning rules mean rogue landlords who illegally convert HMOs could face an unlimited fine.
The Scottish government has been urged to reverse its anti-landlord policies after the SNP ended their power-sharing agreement with the Greens.
Private renters are most in need of Awaab’s Law due to the frequently worse conditions of mould in their homes, says Labour MP Fleur Anderson, who hopes to instigate stricter rules for the PRS.
Figures across the private rented sector including TV star Paul Shamplina have warned that both tenants, landlords and letting agents need to know when the Section 21 eviction ban is going to take place.
Conservative MP Anthony Mangnall voted against the Renters Reform Bill, warning that removing fixed-term tenancies could reduce housing supply.
Abolishing section 21 as soon as the Renters Reform Bill gains Royal Assent would cause chaos in the sector and leave the statute book a “confusing mess”, according to the government.
Conservative MP Natalie Elphicke failed to convince the government to include relocation payments for tenants and to restrict tenancy grounds in its Renters (Reform) Bill.
Environmental health officers have won a concession from the Government after it agreed not to stop councils using selective licencing schemes once England’s national property portal launches.
The Renters (Reform) Bill has been voted through its final stage in the Commons and, much to some MP's annoyance, containing several new concessions to landlords.
