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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

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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Letting agents urge peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords

Letting agents urge peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords

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Letting agents have urged peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords.

More councils will launch selective licensing if 20/20 rule is ditched, legal expert warns

More councils will launch selective licensing if 20/20 rule is ditched, legal expert warns

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A legal expert has warned that ditching the 20/20 rule around selective licensing will prompt more councils to launch or expand schemes.

Tenants complain less about their landlords in reality, new survey suggests

Tenants complain less about their landlords in reality, new survey suggests

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Tenants complain less about their landlords in reality, a new survey has suggested.

Rent campaigners block bailiffs from evicting disabled man from home

Rent campaigners block bailiffs from evicting disabled man from home

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Protesters have managed to block bailiffs from evicting a couple who had been handed a Section 21 notice.

Tenants reveal how they feel about renting in Total Property’s survey

Tenants reveal how they feel about renting in Total Property’s survey

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Only 17% of tenants feel more supported by the Labour Government than they did under the Tories, despite the ambitions of the Renters’ Rights Bill, while the same number feel less supported.

Half of Property Redress cases resolved through early resolution

Half of Property Redress cases resolved through early resolution

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Half of all cases received by Property Redress last year were resolved through early resolution, despite a 20% rise in complaints.

Sold 23 properties in 16 days – act before prices fall

Sold 23 properties in 16 days – act before prices fall

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Landlords, sell now before prices drop. Shauna sold 23 properties in 16 days with Landlord Sales Agency. Act fast for the best price.

Landlords still want to buy despite stamp duty hike, survey reveals

Landlords still want to buy despite stamp duty hike, survey reveals

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Hikes in stamp duty rates have failed to dampened landlords’ appetite to buy more properties, a new survey has revealed.

The areas where landlords face the most challenges with deposits are revealed

The areas where landlords face the most challenges with deposits are revealed

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The areas where landlords face the most challenges with deposits have been revealed, with Oxford leading the way.

ENERGY CAP: How much badly-insulated homes will cost tenants

ENERGY CAP: How much badly-insulated homes will cost tenants

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Poorly insulated homes will be sent annual gas bills about £340 – around 50% - higher than those with a C-rated Energy Performance Certificate (EPC) under Ofgem’s latest price cap, new research has found.

Is the staycation-fuelled holiday lets bubble bursting?

Is the staycation-fuelled holiday lets bubble bursting?

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Holiday let owners are facing a significant dip in bookings this year as the sector feels the effects of the cost-of-living crisis, poor weather and an increasingly saturated market.

The dominoes may slowly fall as we head towards a distressed commercial market

The dominoes may slowly fall as we head towards a distressed commercial market

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The UK’s commercial property sector is experiencing challenges: high interest rates, inflation, lower property values, and liquidity problems for lenders and borrowers.

'Rent repayment orders being used beyond their original purpose'

'Rent repayment orders being used beyond their original purpose'

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Some build-to-rent developments are increasingly falling foul of Rent Repayment Order (RRO) legislation, in a move away from its original aim to tackle poor HMOs, it has been claimed.

Thinktank battles landlords over evictions ban claims

Thinktank battles landlords over evictions ban claims

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The Social Market Foundation has argued that fears about stricter regulations reducing the supply of rental properties are ‘overblown’.

Tenant's jaw dropping makeover listed after pop star's campaign

Tenant's jaw dropping makeover listed after pop star's campaign

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A rented house which was transformed into a highly ornate classical ‘villa’ by its former tenant has been granted a Grade II listing.

Greens launch manifesto promising 'immediate rent freeze'

Greens launch manifesto promising 'immediate rent freeze'

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The Green Party is unlikely to win many votes from landlords after launching its manifesto ahead of a General Election later this year and the May 2nd local elections.

Landlords to repay former tenants £15,000 despite £11,000 rent arrears

Landlords to repay former tenants £15,000 despite £11,000 rent arrears

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A mother and son landlord duo are to repay their former tenants £15,000 in a case highlighting how the rent repayment order system can be very one-sided.

Warning: Are landlords being encouraged to sell too early?

Warning: Are landlords being encouraged to sell too early?

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By now you’ve probably heard of Landlord Sales Agency, and our articles that suggest the market is in favour of landlords selling.

Official 'local rents' tool launched for landlords

Official 'local rents' tool launched for landlords

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The Government has launched a service that enables landlords to see the rents being charged by other landlords in their area.

Number of 'home alone' renters drops by 8%, new data reveals

Number of 'home alone' renters drops by 8%, new data reveals

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The number of people renting homes by themselves has reduced significantly over the past three years as the cost-of-living crisis has hit many renters’ pockets, new research reveals.

Leaseholder-owning landlords urged to fill in form or face big bills

Leaseholder-owning landlords urged to fill in form or face big bills

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Landlords who own leasehold apartments in tower blocks are being urged to complete an official questionnaire or face being excluded from the protections afforded by the Building Safety Act (BSA).

NE of England landlord community goes national

NE of England landlord community goes national

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A community of landlords launched in the North of England six years ago has revealed that it is now going national after being given a new name.

All rise! Court eviction fees paid by landlords to increase by 10%

All rise! Court eviction fees paid by landlords to increase by 10%

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Landlords taking tenants to court to repossess properties face a significant hike in the fees they are charged by the courts to process their cases, it has been revealed.

BREAKING: New report questions role of property licencing

BREAKING: New report questions role of property licencing

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A rental property compliance service has pitched into the debate over whether the nation’s landlord licencing schemes are fair or, given the looming Renters (Reform) Bill proposals, needed.

Mortgage rates 'on their way down' claim experts

Mortgage rates 'on their way down' claim experts

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There is a growing consensus that mortgage interest rates will soon be heading south as house sales show signs of gaining momentum.

Landlord accused of barring gay renters from viewings

Landlord accused of barring gay renters from viewings

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A would-be student tenant has accused a landlord of making homophobic rules before agreeing to a house viewing.

Newspaper claims rebel Tory MPs 'funded by landlords'

Newspaper claims rebel Tory MPs 'funded by landlords'

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Rebel Tory MPs who lobbied for amendments to the Renters (Reform) Bill have received £450,000 in donations and earnings linked to landlords since the last general election, according to an investigation by the i newspaper.

Midlands landlords warned over licencing fees cliff-face

Midlands landlords warned over licencing fees cliff-face

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Landlords in a big Midlands city have been warned that they must apply for a licence for their properties by April 9th or face an additional £200 hike in the £1,090 cost of each three-year licence.

COMMENT: New book argues 'the end of landlords' would solve the housing crisis

COMMENT: New book argues 'the end of landlords' would solve the housing crisis

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Here Tom Entwistle digests some of this argument and makes a few comments of his own - join in the argument

LATEST: Housing minister changes mind on renting reforms - in landlords' favour

LATEST: Housing minister changes mind on renting reforms - in landlords' favour

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The Government has been moved to reassure Tory MPs that its Renters (Reform) Bill will not damage the private rented sector following the leaking of a letter by housing minister Jacob Young.

Prince William signs up landlords across UK to tackle homelessness

Prince William signs up landlords across UK to tackle homelessness

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The Prince of Wales is working with private landlords to help prevent and reduce homelessness in the UK, it has been revealed.

Bill to make evictions harder and limit rent rises 'wrong' say landlords

Bill to make evictions harder and limit rent rises 'wrong' say landlords

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The Scottish coalition Government has finally revealed its plans for the private rented sector including permanent rent controls, new rights to keep pets, decorate rented homes and stronger protection against eviction.

Landlord tells tenants: 'no old people, no overnight visitors, no drinking'

Landlord tells tenants: 'no old people, no overnight visitors, no drinking'

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A man has been dubbed “the world’s strictest landlord” for telling would-be tenants that they can’t have anyone staying the night have a drink.

HMO firm to pay £30,000 after blocking fire exit with.... shipping container

HMO firm to pay £30,000 after blocking fire exit with.... shipping container

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A housing management company has been fined £30,000 after an escape route at its HMO was found to be padlocked shut and blocked by a large shipping container.