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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

Information

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

Information

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

Information

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

Information

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

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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Can increasing the supply of rented housing bring down rents?

Can increasing the supply of rented housing bring down rents?

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News
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Opinion
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Despite promises by government & developers, house building progress is slow to affect rent levels

How to make your rental property more sustainable

How to make your rental property more sustainable

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Government launches new consultation to help make your rental property more sustainable

Renters’ Rights Bill could trigger landlord exodus

Renters’ Rights Bill could trigger landlord exodus

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News
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Opinion
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The Renters’ Rights Bill could trigger an exodus among landlords, reducing the supply of affordable housing, industry leaders have warned.

Best rental yield areas revealed for landlords

Best rental yield areas revealed for landlords

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News
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Landlords should target student housing and build-to-rent (BTR) if they want a secure investment with decent yields, it has been suggested

Experts urge fair Renters’ Rights Bill as it reaches Lords committee

Experts urge fair Renters’ Rights Bill as it reaches Lords committee

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News
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Experts urge a fair and balanced Renters’ Rights Bill that protects both landlords and tenants as it reaches the committee stage in the House of Lords

Mortgage rate fall brings renting and buying costs in line

Mortgage rate fall brings renting and buying costs in line

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News
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The cost of renting and buying is the same due to small falls in mortgage rates, according to Hamptons.

Rental prices dip in London but climb across Britain

Rental prices dip in London but climb across Britain

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Rents in London have dropped compared to a year ago, while Britain as a whole has seen values rise.

As if landlords don’t have enough to worry about – here’s another risk...

As if landlords don’t have enough to worry about – here’s another risk...

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News
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There’s an issue with the safe disposal of Vapes - disposal in normal household bins has been identified as a fire risk

Landlord fined £43k for renting rodent-infested flats

Landlord fined £43k for renting rodent-infested flats

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News
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A landlord has been fined more than £43,000 for renting unsafe and rodent-infested flats - but blamed tenants for the disrepair.

Landlord jailed after fire officers find serious risks at multiple properties

Landlord jailed after fire officers find serious risks at multiple properties

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A landlord in Lancashire has been jailed and must pay a £10,441 fine including costs after a local fire brigade prosecuted her for six breaches of fire safety regulations at her properties in the seaside town of Cleveleys.

'New deal' for tenants including evictions clampdown 'imminent' says Minister

'New deal' for tenants including evictions clampdown 'imminent' says Minister

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The Scottish government has promised that proposals to deliver on its New Deal for Tenants are imminent.

Ditching selective licencing will have 'dire consequences' says think tank

Ditching selective licencing will have 'dire consequences' says think tank

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News
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London’s private rented sector will become a more dangerous place for tenants if rebel MPs convince the government to ditch selective licencing, an influencial independent think tank has warned.

Big landlord group slams Gove over promised eviction court reforms

Big landlord group slams Gove over promised eviction court reforms

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News
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The British Property Federation has voiced concerns about government assurances of court reform progress ahead of scrapping no-fault evictions.

Landlords warned over limited company rules as HMRC letters go out

Landlords warned over limited company rules as HMRC letters go out

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News
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The NRLA has warned landlords who have set up limited companies to run their property portfolios that they will have prove they spend 20 hours a week managing their businesses to get the tax reliefs many hoped they would.

Billionaire London landlord fined and added to 'rogue database'

Billionaire London landlord fined and added to 'rogue database'

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A subsidiary of one of the capital’s biggest landlords has been put on London’s rogue landlords register and fined £67,000 for breaches of HMO licence conditions.

Celebrity landlord protests after losing HMO licences for two properties

Celebrity landlord protests after losing HMO licences for two properties

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News
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A landlord has told councillors he will have to give up two properties after he failed to renew HMO licences before the expiry dates.

INSIGHT: Landlord service that takes unusual approach to hoarders

INSIGHT: Landlord service that takes unusual approach to hoarders

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Holistic Hoarding has prevented 50 evictions in the last four years by working with tenants to address the causes of their mental health condition.

Gove’s ambitious plan to reform leasehold is quietly being sidelined

Gove’s ambitious plan to reform leasehold is quietly being sidelined

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News
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Abolishing leasehold is far from the easy process some of our politicians would have us believe – there are some powerful forces ready to counter the move.

Former housing minister facing questions over rented property

Former housing minister facing questions over rented property

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Former Housing Minister Esther McVey has been claiming tens of thousands of pounds in Parliamentary expenses for renting a London flat, despite her husband owning a property a mile away, it has been claimed.

MPs tell Government to protect landlords from rogue agents

MPs tell Government to protect landlords from rogue agents

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News
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The government has been urged to stop “sitting on its hands” and bring forward changes to protect tenants, leaseholders and landlords from poor practices in the lettings industry.

DIY lettings service for landlords launches with big promise

DIY lettings service for landlords launches with big promise

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News
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A new DIY lettings service for landlords should help Hello Neighbour fulfil its ambition of becoming the biggest letting agent in England, according to co-founder Richard Jenkins.

Council closes HMO after surprise visit reveals nightmare property

Council closes HMO after surprise visit reveals nightmare property

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News
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A landlord who rented out his unlicensed, seven-bedroom HMO to 13 tenants has been ordered to pay £3,000.

Rent rises reflect cost tracking, not profiteering

Rent rises reflect cost tracking, not profiteering

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News
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Landlords' rent increases reflect rising mortgage rates and operational costs, not profiteering, amid a challenging property market.

MPs urge Ministers to 'sort out' Local Housing Allowance rises

MPs urge Ministers to 'sort out' Local Housing Allowance rises

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Landlord and tenant groups have welcomed proposals by MPs on the Work and Pensions Select Committee to introduce an annual ‘uprating guarantee’ to the Local Housing Allowance (LHA).

REFORMS: Many landlords have 'no idea what's about to hit them'

REFORMS: Many landlords have 'no idea what's about to hit them'

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News
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Propertymark poll reveals only 18% of landlords understand the Renters (Reform) Bill; 52% find official guidance insufficient.

Landlord warns: "sell now” as Government urged to further reduce PRS

Landlord warns: "sell now” as Government urged to further reduce PRS

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The Guardian suggests that Government may start to veer towards a “surprisingly simple solution to the UK housing crisis” which could see them squeeze landlords further, blaming them for the current housing crisis affecting home-buyers.

Report reveals £45 billion contribution landlords make to economy

Report reveals £45 billion contribution landlords make to economy

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News
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A new report published today claims that 390,000 jobs rely on the private rented sector as critics of the sector, including the Guardian newspaper, have called for it to be shrunk or abolished entirely.

UK's only city-wide licencing scheme 'gets tough' on landlords

UK's only city-wide licencing scheme 'gets tough' on landlords

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News
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Landlords in Oxford who fail to sign up to the city’s licensing scheme are being threatened with fines and enforcement action after a year of relative ‘grace’.

REPORT: Will lower inflation lead to lower BTL mortgage rates?

REPORT: Will lower inflation lead to lower BTL mortgage rates?

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News
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Falling UK inflation could herald some good news for BTL landlords over the coming months, according to mortgage experts.

A reminder for landlords that electrical safety checks are mandatory

A reminder for landlords that electrical safety checks are mandatory

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Until recently landlords only had to concern themselves gas safety checks - but now all residential landlords or their agents must arrange for regular electrical safety checks (every 5 years)

Court approves tough bankcruptcy limits on 'property guru'

Court approves tough bankcruptcy limits on 'property guru'

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News
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Infamous property guru Glenn Armstrong, who misled dozens of investors by promising to make them rich, has been handed tough bankruptcy restrictions lasting 12 years.

Tenant pockets £5,000 from Tribunal after realising HMO was unlicenced

Tenant pockets £5,000 from Tribunal after realising HMO was unlicenced

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A tenant who discovered that his landlord had not licenced the HMO in which he lived is to pocket £5,000 after winning a rent repayment order (RRO) during a Tribunal hearing.

Spring Budget shortfalls: What was missing for landlords?

Spring Budget shortfalls: What was missing for landlords?

Opinion
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Budget fails buy-to-let landlords – tax reliefs slashed and housing crisis ignored, despite CGT cut and NI tweaks.

Murder conviction bars landlord from running rental properties

Murder conviction bars landlord from running rental properties

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A landlord who was jailed for culpable homicide in 2008 has been refused permission to rent out flats in Glasgow, despite claiming he has taken ‘responsibility for his actions’ and moved on.