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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

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Landlords endure even longer wait to get properties back

Landlords endure even longer wait to get properties back

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The government has been warned that its failure to acknowledge the true state of the courts risks eroding landlord confidence.

Bungalow shortage hits older renters hard

Bungalow shortage hits older renters hard

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A fall in the number of bungalows to rent is impacting the growing number of older and disabled tenants.

Landlords' household definition confusion results in £11,250 fine

Landlords' household definition confusion results in £11,250 fine

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A landlord pair have failed to convince a tribunal judge that their tenants’ relationship excused them from getting an HMO licence.

'Build more affordable homes instead of hitting landlords'

'Build more affordable homes instead of hitting landlords'

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A Scottish parliamentary committee has called for an action plan to tackle the country’s “predictable and preventable” housing emergency, with the property industry also saying rent controls ‘are not the answer’.

Minister reveals plans to include evictions within landlord database

Minister reveals plans to include evictions within landlord database

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The government has revealed that it is looking into measures that will add landlords’ eviction activity to the looming PRS database.

Landlords in Essex to face big 'fine' for late licence applications

Landlords in Essex to face big 'fine' for late licence applications

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Landlords could face a £765 bill for delaying their selective licence application when Thurrock Council launches its proposed scheme.

Council reveals heavy landlord fines for low EPCs

Council reveals heavy landlord fines for low EPCs

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Tewkesbury Council is bucking the national trend by punishing landlords with failing EPCs.

OFFICIAL: Poorest tenants paying 63% of income in rent

OFFICIAL: Poorest tenants paying 63% of income in rent

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Poorer tenants within the private rented sector (PRS) are spending 63% of their income on rent, a shocking new report from the Government has revealed.

Tenant facing 20% rent rise starts popular petition urging controls

Tenant facing 20% rent rise starts popular petition urging controls

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A petition calling for rent controls launched by a hard-up mum has garnered some 42,00 signatures and counting.

Auctioneer: Tenanted flats struggle amid confidence slump

Auctioneer: Tenanted flats struggle amid confidence slump

Opinion
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It's that time of year when many people in the property profession give their opinion as to what to expect for the coming 12 months.

Midlands town issues first banning order - against criminal landlord

Midlands town issues first banning order - against criminal landlord

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Warwick Council has handed out its first banning order, to rogue landlord Grzegorz Surminski who sub-let a dangerous and unlicensed HMO.

Landlord fails in unusual attempt to overturn banning order

Landlord fails in unusual attempt to overturn banning order

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A landlord has failed in a bid to overturn his banning order on the grounds that his convictions were spent by the time it was imposed by a First Tier Property Tribunal.

City-wide landlord accreditation scheme launched with fees sweetener

City-wide landlord accreditation scheme launched with fees sweetener

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Nottingham council has launched a city-wide ‘good landlord’ accreditation scheme and offered those who join the scheme a 10% reduction on fees for its private sector licencing schemes.

High profile tenant given six months in jail for rental fraud

High profile tenant given six months in jail for rental fraud

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A director of the Scottish Women’s Premier League (SWPL) who defrauded her elderly landlord out of £30,000 has been jailed for six months.

UPDATE: NW council approves bigger selective licencing scheme

UPDATE: NW council approves bigger selective licencing scheme

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Two selective licencing schemes operated by Wirral Council in and around Birkenhead have been renewed with a further two schemes about to be launched following a consultation.

Southcoast city latest to charge landlords £500 for improvement notices

Southcoast city latest to charge landlords £500 for improvement notices

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Landlords in Brighton and Hove face a £500 charge if they are handed an improvement notice, as part of a council crackdown on failing properties.

How bad is the rental crisis? Latest figures reveal reality not the hype

How bad is the rental crisis? Latest figures reveal reality not the hype

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One of the key arguments used by housing campaigners to criticise the private rented sector and its landlords has been contradicted by the latest English Housing Survey.

Nightmare tenant sentenced after stealing landlord's furnishings

Nightmare tenant sentenced after stealing landlord's furnishings

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A tenant who stole almost £2,000 of furnishings from his elderly landlord has been handed a suspended jail sentence

MPs warn renting reforms could make PRS worse, not better

MPs warn renting reforms could make PRS worse, not better

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A cross-party group of MPs and peers has warned that the government needs to get its Renters Reform Bill right if it is to avoid exacerbating the housing crisis.

The US CoStar Group has completed a takeover of UK property portal OnTheMarket.com

The US CoStar Group has completed a takeover of UK property portal OnTheMarket.com

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US based CoStar, a force to be reckoned with in property, has completed a takeover of UK property portal, OnTheMarket.com

Lettings firm accused of breaking evictions ban

Lettings firm accused of breaking evictions ban

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Three students have threatened to take their landlord to tribunal for allegedly flouting eviction ban regulations which meant they were forced out of their flat while studying for exams.

Landlord given £485,000 fine over ‘sheds with beds’

Landlord given £485,000 fine over ‘sheds with beds’

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A rogue landlord who used a fake name to evade the law has been handed a whopping £485,000 in fines after he was found illegally renting out a large shed as five flats.

US bank predicts rebound in UK property prices

US bank predicts rebound in UK property prices

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US bank predicts turnaround in UK property market - inflation down to 3 per cent in two years

London's most expensive selective licencing scheme revealed

London's most expensive selective licencing scheme revealed

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Landlords in one of London’s biggest boroughs face a new selective schemes following a consultation launched by Lambeth council.

Recent research by Savills points to more landlords being priced out of BTL

Recent research by Savills points to more landlords being priced out of BTL

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More landlords to be priced out of BTL as rent increases slow from their peak

MP in second bid to stop landlords evicting benefits tenants in arrears

MP in second bid to stop landlords evicting benefits tenants in arrears

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An SNP MP has made another attempt to prevent PRS landlords from evicting benefit tenants who are in arrears.

Unusual portal and app that pays landlords seeks £5m funding

Unusual portal and app that pays landlords seeks £5m funding

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A property start-up hoping to the next big thing in the student housing market is looking for a £5 million cash injection to help it launch across four more cities.

Wales changes guidance after 'uncertainy' over occupation contracts

Wales changes guidance after 'uncertainy' over occupation contracts

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Landlords in Wales need to update their occupation contract templates after the Welsh government amended part of the document.

Initiative launched to better regulate property 'deal sourcers'

Initiative launched to better regulate property 'deal sourcers'

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The world of property deal sourcing is to become better regulated following the launch of a new partnership between the sector’s trade association and the Property Redress Scheme.

HMRC targetting 'under declaring' limited company landlords

HMRC targetting 'under declaring' limited company landlords

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A property lawyer has warned that HMRC believes buy-to-let landlords may be under-declaring taxes, and that it has them in their sights.

Smaller landlords offloading properties the most - claim

Smaller landlords offloading properties the most - claim

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Twice the number of landlords with one or two properties plan to sell up compared with those who own more than 10 properties, according to a new survey.

Judge slams AI following landlord's inaccurate tax bill appeal

Judge slams AI following landlord's inaccurate tax bill appeal

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A landlord who tried to challenge a tax fine by unwittingly using fake rulings generated by an artificial intelligence (AI) system like ChatGPT has had her appeal dismissed.

London council sweeps 20,000 rented properties into licencing

London council sweeps 20,000 rented properties into licencing

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Landlords in Lewisham are the latest within the London to face a selective licencing scheme now that permission has been granted by the Secretary of State for the scheme.

Higher mortgage costs driving higher rents say landlords

Higher mortgage costs driving higher rents say landlords

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Three-quarters of buy-to-let landlords (76%) increased rent during the past 12 months, most of whom blamed higher mortgage costs.