Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu
There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR
Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y
With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio
Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan
Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the
Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a
As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there
The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina
When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance
Elsewhere on LandlordZONE (at https://www.landlordzone.co.uk/information/what-is-a-section-25-notice" https://www.landlordzone.co.uk/information/what-is-a-section-25-notice and https://www.landlordzone.co.uk/information/what-is-a-section-26-notice-2 ) you can find out about sec
Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re
There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s
What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b
Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges
Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo
A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but
This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there
Scottish landlords hope that Nicola Sturgeons resignation may lead to a less aggressive approach towards the buy-to-let sector. The SNP leader has presided over a range of anti-landlord legislation since becoming first minister in 2014, including the recent rent and eviction
A landlord has lost his appeal against a fine for renting out unlicensed properties after arguing that the sellers solicitor had failed to tell him about a selective licensing scheme. City Estate Holdings bought two houses in Westbourne Avenue, Gateshead, at auction in April
The number of landlords whose tenants are in rent arrears has fallen to its lowest level since 2017, according to new research from Paragon Bank. Its poll of more than 750 landlords found that less than one third (32%) of landlords have had at least one tenant in arrears during
A rent-to-rent landlord operating a flat in central London has been ordered to pay rent back to his tenants totalling just over �11,000 via a rent repayment order or RRO. The case highlights the challenges faced by rent-to-rent agreements, as the case involved a freeholder, lea
Ballooning mortgage costs will make an already tight rental market even harder for tenants seeking affordable homes to let, landlords have warned. Their representative body the NRLA has published research that shows nearly two-thirds of landlords, based on
Landlords & agents test the new England property portal ahead of launch: central database for landlords, properties, compliance & disputes.
Half of all fraudulent tenancy applications involve fake or doctored pay slips, according to rent-tech platform Goodlord, which has warned landlords to be on their guard. Its anaylsis of more than 300,000 tenancy applications last year found that while only one in
Trading Standards has released new guidance to help landlords and leaseholders get to grips with the Leasehold Reform (Ground Rent) Act. The law https://www.landlordzone.co.uk/news/advice-are-you-ready-for-the-leasehold-reform-act-going-live-on-30th-june/" target="_
A landlord in Wales has set a cat among the legal pigeons after winning a landlord Japanese knotweed compensation case in the Court of Appeal. Its three judges have agreed that Marc Davies, 38, must be paid just shy of �5,000 by his local authority Bridgend council which, it wa
Paul Shamplina has won Seminar Speaker of the Year at the National LIS Awards 2023, the third time in a row the Landlord Action founder has received the honour.
A letting agent has been found to have blatantly broken the law by refusing to hand back a holding deposit.
Landlords have been warned that they will have to work much harder with their letting agent to ensure property adverts for their homes to rent include all the ‘material information’.
One in five landlords hit by rising costs are considering selling up, with a stark divide between those with properties in the north and south of the country.
Scotland’s housing minister has defended the country’s policy of rent and eviction controls despite new figures showing rents continuing to rise.
A landlord couple could face jail after admitting a string of offences which led to the death of one of their tenants in a fire.
Disputes between landlords and their tenants will soon be handled by the social housing ombudsman, it has been confirmed by Government minister Jacob Young.
What is Abandonment? Abandonment is when a tenant leaves the property (usually without notifying the landlord or agent) before the tenancy has ended.
Argyll and Bute councillors have approved a plan to charge a double council tax on second homes.
Haringey Council has urged landlords to share their views on plans for a new additional licensing scheme in the borough.
A continued imbalance between supply and demand is set to grow rents by 6% next year, before hitting an affordability ceiling that will limit growth until 2028.
A landlord who illegally rented out a property for years without planning permission has been ordered to pay £93,000.
Most private landlords think they should be subject to stricter energy efficiency regulations, according to new research.
A licensing expert has warned landlords living overseas about the dangers of asking UK-based friends or firms to apply for their selective licence.
The Leasehold and Freehold Reform Bill has taken a step towards becoming legislation after it was introduced to Parliament.
Labour MPs have tabled 26 amendments to the Renters Reform Bill that demand much tougher financial penalties for errant landlords and stricter rules around deposits.
PRS organisations, forums and landlord groups have joined forces to launch the Housing Coalition, which aims to give the sector a voice and improve private rental housing standards.
Tenants in Ireland could get first refusal on a property when a landlord puts it up for sale if new legislation gets the go-ahead.
With just one month to go until the year ends, investors are continuing to snap up properties at an accelerated rate. With next year bringing uncertainty, and a potential change in government, the trend for new investors who have entered the market to step in and take whole portfolios...
Landlords earning less than £30,000 will not have to use HMRC’s Making Tax Digital (MTD) software, the government has confirmed.
Two-month notice periods for tenants under periodic tenancies will negatively impact the build-to-rent sector and encourage sub-letting homes as party flats, the boss of big BTR firm Grainger has told MPs.
A rent to buy scheme for first-time buyers who can’t afford a deposit is extending its offer to struggling landlords.
The Chancellor has revealed that the Local Housing Allowance (LHA) will be unfrozen and increased to the lower 30% of rents nationwide from April 2024 onwards.
Fewer landlords plan to make energy efficiency improvements since the government’s U-turn on raising EPC targets.
A benefits expert has urged the DWP’s working group to sort out problems with the Alternative Payment Arrangements (APA) process that leaves landlords in the dark and out of pocket.
