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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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Battle over holiday lets hots up as campaigning MP holds meeting

Battle over holiday lets hots up as campaigning MP holds meeting

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The increasingly rancourous debate between Airbnb landlords and legislators will come to a head in York this week as the city's MP convenes a public meeting to discuss the growing problem of short lets within its walls. MP Rachel Maskell (main picture) is one of six mostly Labou

'This is why built-to-rent will outperform BTL in the long term'

'This is why built-to-rent will outperform BTL in the long term'

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Property management professional David Goldberg recently revealed that in the long term, investing in so-called build-to-rent developments will prove to be more profitable for investors than buy to let. He claimed that built-to-rent looks to be a win-win for both tenant

SW city to clampdown on HMO conversions with harsher rules

SW city to clampdown on HMO conversions with harsher rules

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Exeter is considering extending its Article 4 direction to help manage the impact of the citys student population. The current Article 4 restricting landlords rights to convert properties into HMOs is in an area close to the University of Exeters Streatham and S

Reform bill will push more landlords into the short-lets market, say experts

Reform bill will push more landlords into the short-lets market, say experts

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Leading figures on both sides of the private rented sector have agreed that the Renters Reform Bill, along with the Governments other changes including tax relief, are driving landlords into the short lets market. The comments were made during a debate chaired by former North

OFFICIAL: Latest evictions surge 'due to reforms pushing out landlords'

OFFICIAL: Latest evictions surge 'due to reforms pushing out landlords'

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The Minsitry of Justice has blamed a 23% jump in the number of private landlord possession during the first three months of the year on the Welsh PRS reforms, although volumes are still below pre-Covid levels. Quarterly figures from the Ministry of Justice show that claims 

Renters’ Rights Bill: Expert insights on key changes

Renters’ Rights Bill: Expert insights on key changes

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Experts Sean Hooker and Kate Faulkner discuss the Renters (Reform) Bill and its impact on landlords and tenants in the private rented sector.

The UK's �1bn self-storage business boosted by the shortage of rentals

The UK's �1bn self-storage business boosted by the shortage of rentals

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Running a storage rentals business, supplying and letting space for inanimate objects, as opposed to people, is potentially far more lucrative and a lot less troublesome than operating as a residential landlord. The UK self-storage industry has grown steadily over the last twent

More landlords lose properties as interest rates and rising prices hit home

More landlords lose properties as interest rates and rising prices hit home

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At least 410 buy-to-let mortgaged properties were repossessed in the first quarter of 2023, 28% higher than in the previous quarter - the highest level since the start of the pandemic. https://www.ukfinance.org.uk/" UK Finance reports that 970 buy-to-let mortg

Illegal HMO conversion lands landlord with hefty fine

Illegal HMO conversion lands landlord with hefty fine

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A https://www.landlordzone.co.uk/news/court-fines-unlucky-but-rogue-landlord-12000-over-unlicensed-hmo/" rogue landlord who illegally subdivided his property into seven separate flats has been ordered to pay back more than �110,000 through the Proceeds of Crime Act.<br><

A new wave of investors rush in to buy properties off landlords looking to sell

A new wave of investors rush in to buy properties off landlords looking to sell

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After a slew of bad news, this week’s headlines come as a welcome relief for landlords looking to sell. The Telegraph reported that despite higher rates and regulatory risks around rentals, a wave of new investors had entered the market, stepping in to take portfolios off landlords’ hands.

Airbnb service for landlords raises £1.75m but still isn't profitable

Airbnb service for landlords raises £1.75m but still isn't profitable

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A business that rents out properties via Airbnb on behalf of landlords has raised another £1.75 million from investors, taking its total raised since 2016 to £12 million.

Record year for build-to-rent construction, says Savills

Record year for build-to-rent construction, says Savills

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The Build-To-Rent (BTR) sector now accounts for 10% of all UK real estate investment after a record-breaking year.

Gove unveils plan to slash ground rents for leaseholds

Gove unveils plan to slash ground rents for leaseholds

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The government has launched plans to slash ground rents on existing leaseholds as part of a consultation into widescale reform.

Evictions taking over six months on average, says MoJ

Evictions taking over six months on average, says MoJ

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County courts are taking over half a year on average to process legitimate evictions by landlords and agents, it has been revealed.

Student landlord slams council over 'unfair' £45,000 licencing fee

Student landlord slams council over 'unfair' £45,000 licencing fee

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A property management company has slammed its local council for charging a student accommodation block nearly £45,000 under the selective licensing scheme.

LibDems promise to give landlords tax breaks for green upgrades

LibDems promise to give landlords tax breaks for green upgrades

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Landlords should be allowed to offset spending on insulation and energy-saving improvements against tax, according to the Liberal Democrats.

Landlord mortgage arrears jump by 29%, official figures show

Landlord mortgage arrears jump by 29%, official figures show

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The tough economic conditions bearing down on landlords are starting to push up mortgage arrears, latest data from lenders’ trade body UK Finance has revealed.

Mystery shopper research 'proves landlords racially profile applicants' - claim

Mystery shopper research 'proves landlords racially profile applicants' - claim

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New research by Generation Rent reveals that white people are 36% more likely to receive a positive response when applying to rent on SpareRoom than black people.

Agents report fewer landlord instructions as 'unintended consequences' kick in

Agents report fewer landlord instructions as 'unintended consequences' kick in

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Signs that the Government’s assault on landlords coupled with higher mortgage costs are chasing more out of the market than usual have come from the Royal Institute of Chartered Surveyors (RICS) this morning.

Tory MP says court delays MUST be fixed before Section 21 is abolished

Tory MP says court delays MUST be fixed before Section 21 is abolished

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Theresa Villiers warns court delays risk worsening landlord exodus and housing supply issues, urging reforms before Section 21 abolition.

New way to control HMOs revealed in Coventry - but will rest of UK follow suit?

New way to control HMOs revealed in Coventry - but will rest of UK follow suit?

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Coventry Council is hailing its crackdown on unlicensed HMOs a success after it fined landlords more than £100,000 in just two of the city’s streets.

Notorious landlord to pay staggering £480,000 fine over damp HMO

Notorious landlord to pay staggering £480,000 fine over damp HMO

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A notorious rogue landlord and his property management company have been handed a staggering £480,000 fine for renting out an HMO so damp that mushrooms were growing on the upper floors.

Property market 'past peak pain' but values still down 7% in 12 months

Property market 'past peak pain' but values still down 7% in 12 months

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The UK’s housing market is past ‘peak pain’ after a rollercoaster 12 months and is forecast to grow by 17.9% – equivalent to a £45,521 gain on the average home – within five years.

Airbnb 'irresponsible' for encouraging tenants to sublet rented homes

Airbnb 'irresponsible' for encouraging tenants to sublet rented homes

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A legal expert has warned that landlords face prosecution for running illegal HMOs if tenants follow Airbnb’s suggestion that they sub-let their homes.

Landlords WILL get eviction certainy from reform Bill, King tells MPs

Landlords WILL get eviction certainy from reform Bill, King tells MPs

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King Charles has heralded the government’s commitment to the Renters Reform Bill in his first King’s speech as monarch.

'Short-lets offer returns of up to five times traditional rents'

'Short-lets offer returns of up to five times traditional rents'

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Homes bought by landlords to rent out via short-let contracts create gross returns of between 12% and 20%, an estate agency has claimed.

The Section 21 Ban, will it progress?

The Section 21 Ban, will it progress?

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Will the Renters (Reform) Bill progress and ban Section 21, despite mounting opposition from Conservative back-benchers?

Landlord fined thousands AGAIN for same offence in same building

Landlord fined thousands AGAIN for same offence in same building

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A rogue landlord firm has been handed a £18,300 fine for letting out an unsafe, unlicensed property - only three months after being fined for the same offence in the same building.

Concern mounts over Government's 'weak' leasehold reforms

Concern mounts over Government's 'weak' leasehold reforms

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Government's Leasehold and Freehold Reform Act 2024 excludes flats from new leasehold ban, prompting MPs to call for broader reforms.

Goverment tax grab on landlords prompts a third to go 'limited'

Goverment tax grab on landlords prompts a third to go 'limited'

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A third of landlords who own rental property in their personal name plan to incorporate their portfolio into a limited company structure within the next three years, according to Paragon Bank.

Landlord to pay £8,000 after ignoring 'shed with bed' prohibition order

Landlord to pay £8,000 after ignoring 'shed with bed' prohibition order

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Rogue landlords who assume they can convert outbuildings into ‘sheds with beds’ have been reminded of the likely fines they will face following a shocking case in Hertfordshire.

LATEST: Renting reforms to be within tomorrow's King's Speech

LATEST: Renting reforms to be within tomorrow's King's Speech

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The Prime Minister has confirmed that the Renters Reform Bill will be carried over to the next Parliament, as part of this week’s King’s Speech.

Subletting by tenants on Airbnb now 'growing problem' says NRLA

Subletting by tenants on Airbnb now 'growing problem' says NRLA

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The National Landlords Association (NRLA) has backed claims that the buy-to-let sector faces a significant subletting epidemic following an investigation by a national newspaper.

Can the leasehold system in England be easily changed?

Can the leasehold system in England be easily changed?

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Exploring challenges in overhauling England's leasehold system amid calls for reform and government proposals to shift to commonhold ownership.