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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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Inflation dips to 2.8%, boosting hopes of interest rate cuts

Inflation dips to 2.8%, boosting hopes of interest rate cuts

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Inflation has dipped, boosting mortgage borrowers’ hopes of more interest rate cuts.

Average asking rents have risen to £557 a week, new Foxton figures have revealed.

Average asking rents have risen to £557 a week, new Foxton figures have revealed.

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Average asking rents have risen to £557 a week, new Foxton figures have revealed.

Flat sales stall amid lack of meaningful progress on unsafe cladding repairs, estate agents warn

Flat sales stall amid lack of meaningful progress on unsafe cladding repairs, estate agents warn

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Many flat sales are stalling due to a lack of meaningful progress on unsafe cladding repairs, estate agents have warned.

Landlords invited to boost business at training day

Landlords invited to boost business at training day

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Landlords are being invited to a “five-star training day” to help them navigate the biggest changes in the rental market for 30 years.

Single-Family Housing market attracts attention amid surge in demand

Single-Family Housing market attracts attention amid surge in demand

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Investors are targeting the Single-Family Housing (SFH) market as the booming sector aims to help fill the PRS shortfall.

Landlord fails in bid to increase tenant’s rent, tribunal rules

Landlord fails in bid to increase tenant’s rent, tribunal rules

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A landlord company has failed in its bid to increase a tenant’s rent by 25% after a First Tier Property Tribunal heard that poor standards would lower the market rent.

NRLA on the road: New events programme to bring the association to you

NRLA on the road: New events programme to bring the association to you

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NRLA launches on-the-road events programme to bring landlord support and training locally.

Landlords turn to HMOs as higher mortgage costs steer them towards larger properties for better returns

Landlords turn to HMOs as higher mortgage costs steer them towards larger properties for better returns

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More landlords are investing in HMOs as higher mortgage costs prompt them to turn to larger properties with better returns.

Landlords' legal action halts licensing scheme

Landlords' legal action halts licensing scheme

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A group of disgruntled landlords in Scunthorpe has succeeded in halting its new selective licensing scheme.

Thinking of selling up? Don’t do it says Phil Spencer

Thinking of selling up? Don’t do it says Phil Spencer

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Property surveyor, landlord and property show host Phil Spencer says landlords should “hold firm and remember their reasons for investing.”

TENANCIES: Housing minister bats off calls for two-year fixed periods

TENANCIES: Housing minister bats off calls for two-year fixed periods

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Housing Minister Rachel Maclean has rejected another call for new tenants to be given two years before landlords can pursue a possession order.

Landlord fined £47,000 over dodgy Electrical Condition Report

Landlord fined £47,000 over dodgy Electrical Condition Report

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A landlord has been ordered to fork out more than £47,000 for failing to licence his eight rental properties, after ignoring numerous written and verbal warnings.

Landlord leader backs selective scheme 'crackdown' by council

Landlord leader backs selective scheme 'crackdown' by council

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A landlord leader has backed Southend-on-Sea Council’s crackdown on failing private rented homes.

Number of landlords fined for Right to Rent breaches triples

Number of landlords fined for Right to Rent breaches triples

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The number of Right to Rent penalties handed to landlords have tripled so far this year under a crackdown on illegal renting and working.

Phil Spencer warns landlords over tenant 'bidding wars'

Phil Spencer warns landlords over tenant 'bidding wars'

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Property expert Phil Spencer has urged landlords to be reasonable when signing up tenants who get into a bidding war – but recognises that competition is down to market forces.

Reform bill 'won't help landlords facing rent debt' admits minister

Reform bill 'won't help landlords facing rent debt' admits minister

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Housing Secretary Michael Gove has admitted that the Renters Reform Bill won’t help landlords claw back money from absconding tenants.

Renting reforms are a 'half baked cake' says sector leader

Renting reforms are a 'half baked cake' says sector leader

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The government has created a “half-baked cake” in the Renters Reform Bill, leaving the PRS desperate for clarity, says one industry boss.

Tax moves afoot to help give landlords financial relief says Gove

Tax moves afoot to help give landlords financial relief says Gove

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Conservative MP Anthony Mangnall voted against the Renters Reform Bill, warning that removing fixed-term tenancies could reduce housing supply.

Great news for landlords as private buying firms rush to snap up buy-to-let portfolios in bulk

Great news for landlords as private buying firms rush to snap up buy-to-let portfolios in bulk

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After a tough week, starting with reports from the Telegraph urging banks to “stop treating landlords like cash cows” we finally have some good news.

Landlord jailed for eight weeks following 'deplorable' behaviour

Landlord jailed for eight weeks following 'deplorable' behaviour

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A rogue landlord who tried to evict his tenant using “deplorable behaviour” has been jailed for eight weeks.

Give more legal aid to tenants facing eviction, say lawyers

Give more legal aid to tenants facing eviction, say lawyers

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The government is being urged to consider hard-up renters who won’t be able to take on their landlords despite any court system upgrade ahead of the Renters Reform Bill.

'Many non-compliant landlords are offshore' claims Gove

'Many non-compliant landlords are offshore' claims Gove

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Housing secretary Michael Gove has pinned the blame for non-compliance within the private sector on foreign offshore landlords during a Q&A session at yesterday’s NRLA Conference in Birmingham.

HMOs offer TWICE the returns of traditional rental properties, it is claimed

HMOs offer TWICE the returns of traditional rental properties, it is claimed

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A costly HMO conversion could prove a worthwhile long-term investment, with the average 8.1% HMO yield far higher than the 4.4% generated by a regular rental property, according to research by Octane Capital.

Property Portal could be deathknell for big selective licencing schemes, says MP

Property Portal could be deathknell for big selective licencing schemes, says MP

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The mandatory national Property Portal for landlords to be introduced by the Renters (Reform) Bill next year will stop the spread of borough-wide selective licencing schemes, a leading MP has claimed.

Gove slams rent controls and defends Section 21 abolition

Gove slams rent controls and defends Section 21 abolition

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Michael Gove used his speech to introduce the second reading of his Renters (Reform) Bill to pour cold water on calls for rent controls while also trying to reassure ‘good’ landlords that the abolition of Section 21 ‘no fault’ evictions will not affect them.

BLOG: 'Landlords as well as tenants face a cost of renting crisis'

BLOG: 'Landlords as well as tenants face a cost of renting crisis'

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Following months of uncertainty, this year will be looked back upon as a tumultuous one for landlords.

Legal matters: terminology, lease or licence, what's the difference?

Legal matters: terminology, lease or licence, what's the difference?

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Yes, legal terms confuse and like many specialisms, the confusion is added to by the fact that different terms often have essentially the same meaning.

Landlords told to check tenancy contracts after landmark court case

Landlords told to check tenancy contracts after landmark court case

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A judge has opened the door to higher compensation being paid by landlords if they fail to protect their tenants’ rental deposits within one of the official schemes.

Details of compulsory national Portal for landlords revealed

Details of compulsory national Portal for landlords revealed

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More detail on what information landlords will have to provide to the looming Property Portal have been revealed by the Government.

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

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The Government has said it supports measures that will allow landlords to either charge tenants with cats or dogs both pet insurance at the beginning of tenancies or request that they take out a policy themselves.

Majority of renters support banning Section 21 evictions and rent controls - claim

Majority of renters support banning Section 21 evictions and rent controls - claim

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A renters’ lobbying says its polling of England’s private renters has found a majority support the changes within the looming Renters (Reform) Bill getting its second reading today in parliament.

Government U-turns on eviction and tenancy reforms

Government U-turns on eviction and tenancy reforms

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The Government has confirmed that it will not bring in its controversial ban on Section 21 evictions within the looming Renters (Reform) Bill until problems with the courts have been fixed.

Court shake-up vital in next week's Bill debate

Court shake-up vital in next week's Bill debate

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The NRLA has urged the government to address court hold-ups while debating the Renters Reform Bill – or risk undermining work to improve the sector.

Scottish eviction law continues to hamper PRS growth

Scottish eviction law continues to hamper PRS growth

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Investors are losing confidence in the Scottish PRS, while rent caps and increased construction costs are halting rental developments, says one property solicitor.