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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

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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

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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Suspended sentence for banned engineer who issued fake Gas Safe certificate

Suspended sentence for banned engineer who issued fake Gas Safe certificate

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A banned boiler engineer has narrowly avoided jail after producing a fake Gas Safe certificate for a landlord. Jeffrey Lewis, 74, of Ashbourne Road, Cheadle, was asked by a landlord to repair a tenants boiler but failed to tell him he had been banned from carrying out gas wor

Plans to outlaw landlords who refuse to rent to tenants with children

Plans to outlaw landlords who refuse to rent to tenants with children

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Jersey has launched a consultation over plans to outlaw landlords who refuse to rent to tenants with children. Social security minister deputy Judy Martin hopes to amend the Discrimination Law 2013 to protect families looking for homes on the island, which currently doesnt pr

LATEST: Liverpool begins huge HMO licensing push

LATEST: Liverpool begins huge HMO licensing push

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Liverpool City Council has clamped down on HMO conversions as it launches a new assault on the private rented sector. Under a new Article 4 direction, any size home in the city centre will need planning permission to be converted into an HMO from 17th</s

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

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The government appears to have admitted it has concerns about landlords discriminating against the potential influx of Hong Kong residents. Home Office Minister Baroness Williams of Trafford advised landlords to be careful when doing Right to Rent checks on inbound Hong Kong res

Forum Q&A: Early termination fees & invoices explained

Forum Q&A: Early termination fees & invoices explained

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Early termination fees and invoice questions answered—your top forum concerns, sorted.

REVEALED: Why not all EPCs are created equally

REVEALED: Why not all EPCs are created equally

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News
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Getting a good EPC rating is important for rentals to meet the MEES regulations, and in future even higher ratings will be demanded, but this can be a challenge for some landlords� Since October 2008, rental properties in England and Wales have been required to

How safe are classified sites? Another tenant scammed by fake landlord

How safe are classified sites? Another tenant scammed by fake landlord

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A tenant has been scammed by a Gumtree advertiser who stole more than �2,000, leaving her facing homelessness. Mum-of-four, Shirley Jones, from Coventry, fell for the flat rental scam after answering the advert for a three-bedroom home in Nuneaton that was available to rent on

LATEST: Government's annual housing benefit bill rises to �30 billion

LATEST: Government's annual housing benefit bill rises to �30 billion

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The government is expecting to spend and eye-watering �30 billion on housing benefit for tenants this year, DWP minister Will Quince has told parliament. This figure is �8-10 billion more than the Office for Budget Responsibility https://obr.uk/forecasts-in-depth/tax-

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

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Half of all tenants who want to rent a home with their pet would be prepared to take out specialist insurance to cover their landlord against damage, a leading campaigner has revealed. Jennifer Berezai of AdvoCATS has researched an in-depth report into whether there is an appeti

Minister slams gas boiler suppliers over price rises

Minister slams gas boiler suppliers over price rises

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The government has urged the Competition and Markets Authority (CMA) to review the boiler supply market amid fears that a lack of competition is leading to higher prices.

Evictions expert calls for national 'rogue tenant' database

Evictions expert calls for national 'rogue tenant' database

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Evictions expert Paul Shamplina has called for a rogue tenant database to be established, pointing out that bad letting agents and landlords face being named and shamed via official schemes, but tenants do not.

Protestors slam 'landlord lobby' outside Gove's London home

Protestors slam 'landlord lobby' outside Gove's London home

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Rental reform campaigners have staged a protest outside Michael Gove’s official residence in central London, calling on the housing secretary to implement his promised Section 21 evictions ban.

Campaigners blame Section 21 evictions for homelessness rise

Campaigners blame Section 21 evictions for homelessness rise

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More than 84,000 households have been put at risk of homelessness due to no-fault evictions since 2019, renting campaigners have claimed.

Landlords: we’ll sell your buy-to-let properties, fast, for the best price

Landlords: we’ll sell your buy-to-let properties, fast, for the best price

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As we enter April it’s been a mixed bag for landlords, with many “nervous" landlords looking to sell amidst a growing apprehension of market conditions and general elections.

Tycoon urges ALL rental homes to be inspected regularly

Tycoon urges ALL rental homes to be inspected regularly

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A leading businessman has entered the political fray with a book in which he lays out his ideas on how to solve the housing crisis including planning and rental market reform.

HMO landlord to pay £26,000 after adding storey to house

HMO landlord to pay £26,000 after adding storey to house

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An HMO landlord who added another storey on his property to squeeze in more tenants has been ordered to pay £26,535 for breaching numerous safety rules.

More landlords turn to 'safer' HMOs as economy remains tough

More landlords turn to 'safer' HMOs as economy remains tough

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HMOs are becoming more popular among landlords as many turn to them as a ‘surer bet’ than other types of rental property in a time of economic uncertainty, it has been claimed.

Housing crisis tops voters' list of key issues to solve

Housing crisis tops voters' list of key issues to solve

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Voters say the ongoing housing crisis tops the list of key priorities that need to be addressed by the current and incoming government, according to renters in a SpareRoom poll.

Property portal: Can tech free up cash to tackle criminal landlords?

Property portal: Can tech free up cash to tackle criminal landlords?

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Property portal could cut red tape and free up funds to tackle rogue landlords by replacing expensive licensing requirements.

Half of landlords thinks pets and eviction reforms 'bad idea'

Half of landlords thinks pets and eviction reforms 'bad idea'

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New research among landlords reveals that although a majority are adopting a ‘wait and see’ approach to the Government’s looming renting reforms, it’s the changes to pets rules and evictions that are troubling them the most.

NRLA backs platform that helps landlords move to limited company status

NRLA backs platform that helps landlords move to limited company status

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Private landlords considering a move to limited company ownership of their rented properties are being urged by the NRLA to use its latest partner service.

Landlord fined £8,471 over hazardous HMO wiring

Landlord fined £8,471 over hazardous HMO wiring

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Landlord fined £8,471 for renting unsafe HMO with dangerous wiring, no fire safety, and serious structural issues.

Fake tenancies at heart of Bulgarian's gang's £53m scam

Fake tenancies at heart of Bulgarian's gang's £53m scam

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Five fraudsters who stole £53.9 million in a huge benefits scam used false tenancy agreements to help them make claims.

Councils lobby Ministers not to scrap selective licencing schemes

Councils lobby Ministers not to scrap selective licencing schemes

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The Local Government Association (LGA) has urged Minister to ignore rebel MPs’ calls for selective licencing to be replaced by the looming Landlord Portal.

TWO new reports reveal weakening supply of rented property

TWO new reports reveal weakening supply of rented property

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The number of landlords instructing agents to rent properties has declined for a second quarter in a row, fuelling ongoing worries that the Government’s ‘anti-buy-to-let’ mood music is disrupting the market.

'Ignorance of law no excuse' as landlord repays tenants £10,500

'Ignorance of law no excuse' as landlord repays tenants £10,500

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A landlord who blamed her agent and tenants for not telling her about a selective licensing scheme has been hit with a £10,572 rent repayment order.

Tax shock for furnished holiday let owners – how to react while there’s still time

Tax shock for furnished holiday let owners – how to react while there’s still time

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If you are involved with Furnished Holiday Lets you are probably be aware by now that there are far reaching tax changes coming - what to do about them?

Record fines for London landlords push total to £10 million

Record fines for London landlords push total to £10 million

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Total fines for London’s rogue landlords and agents have topped £10 million since the rogue landlord database launched in 2017.

Big money to spend £17 billion in South and Midlands building rental houses

Big money to spend £17 billion in South and Midlands building rental houses

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Private landlords face a significant increase in competition from corporate operators within the rented sector as investors reveal a £17 billion, 60,000-home building programme concentrated on the South and Midlands.

Court costs for landlords 'will keep on rising' predicts lawyer

Court costs for landlords 'will keep on rising' predicts lawyer

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It’s almost inevitable that court fees will have to rise considerably, and probably sooner than 2025/6 unless alternative funding is added direct from the Treasury, according to property lawyer David Smith.

Accreditation key to tenant confidence

Accreditation key to tenant confidence

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Accreditation boosts tenant trust—discover how landlord schemes strengthen letting confidence.

Sadiq Khan vows to 'hold landlords to account' as re-election looms

Sadiq Khan vows to 'hold landlords to account' as re-election looms

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London mayor Sadiq Khan has vowed to build 6,000 new ‘rent control’ homes across London if he’s elected for a third term in next month’s election.

London council goes live with bigger selective licencing scheme

London council goes live with bigger selective licencing scheme

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Redbridge Council has gone live with its big new selective licencing scheme that applies to most private rented properties in 15 of the London borough’s wards.

New visa rules for foreigners 'not damaging student housing market'

New visa rules for foreigners 'not damaging student housing market'

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Unite Students is poised to report rental income growth of at least 6% due to sustained demand, despite new visa rules affecting international students.