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
A rogue landlord has been fined a whopping �115,181 for operating four poorly run and unlicensed HMOs. West Northamptonshire Councils private sector housing team inspected the four properties, including one at 93 St Michaels Road, Northampton (pictured), in March 2020 under
Citizens Advice Scotland (CAS) is calling for a ban on landlords who evict tenants illegally as part of a strategy to clean up the private rented sector. Landlords can only be included on Scotlands landlord register if they pass a councils fit and proper person test an
The Welsh Government has published the draft legislation that will change the terms of converted contracts and any renewals that replace them within the private rented sector. This is the mechanism that will replace ASTs in Wales and replace them with occupation contracts,
Is buy to let still a good investment? In this article, Tom Entwistle, a residential and commercial landlord since the 1970s and founder of LandlordZONE , draws on his experience to weigh up whether now is a good time to invest. Is there ever a good time to
A student lettings platform has been exposed for misleading investors while raising �470,000 in a crowdfunding pitch by boasting it would become the Uber of student rentals. Edinburgh-based Student Rents , run by father and son team Grant MacCusker a
The director of a property investment and management firm has been stung with a £15,900 rent repayment order after failing to convince a First Tier Property Tribunal that he didnt know about HMO licensing. John Campbell , the boss of Hackn
A landlord has been handed a suspended jail sentence for kicking out his tenant during a national eviction ban. Amjad Ali Khattak removed the womans possessions in December 2020 and left them on the street in the rain (pictured), which was witnessed by
A senior property figure has both welcomed this week's Government announcement that guidance is imminent on how the pets element of its looming renting reforms will work but warned several problem areas need clearing up. Timothy Douglas (main picture), who is Head of Policy and
Propertymark says Scotlands emergency legislation is alienating landlords, discouraging investment, inhibiting supply, and causing rents to rise faster. It reports that while most landlords cant evict tenants following the Cost of Living Act extension, those with tenancies
King Charles has heralded the government’s commitment to the Renters Reform Bill in his first King’s speech as monarch.
Homes bought by landlords to rent out via short-let contracts create gross returns of between 12% and 20%, an estate agency has claimed.
Will the Renters (Reform) Bill progress and ban Section 21, despite mounting opposition from Conservative back-benchers?
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.
Government's Leasehold and Freehold Reform Act 2024 excludes flats from new leasehold ban, prompting MPs to call for broader reforms.
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.
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.
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.
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.
Exploring challenges in overhauling England's leasehold system amid calls for reform and government proposals to shift to commonhold ownership.
A professional landlord who tried to dodge responsibility for his HMO has been ordered to pay two former tenants more than £10,000.
Edinburgh councillors have declared a housing emergency in a bid to force Holyrood to boost funding.
Private tenants in England were most likely to face a rent hike in the last year, while tenants in Wales saw a larger average increase.
Average income from UK property remained relatively stable at about £16,700 between 2017/18 and 2021/22, according to the latest HMRC data.
Encouraging tenants to fit a smart meter should be a top priority for landlords as a way to help them stay debt-free, according to one energy expert.
Anyone investing in commercial property, from small retail shops to offices and workshops should have an understanding of this legislation - the Landlord and Tenant Act 1954
Scottish landlords have vowed to fight on after losing a judicial review of legislation that introduced a contentious rent freeze and eviction ban.
EPC ratings in the PRS don’t appear to be markedly different to those in owner-occupied homes, according to Office for National Statistics data.
The student rental market faces a bleak future unless urgent action is taken to support landlords and make providing rental homes a more attractive proposition.
The NRLA has reached out to leading members of the Renters Reform Coalition to find common ground on key issues.
A pledge by insurance brokers could mean owners of flats in buildings with identified fire safety issues see significantly lower insurance premiums.
A rogue landlord has avoided serving jail time, despite breaching a banning order and being found guilty of harassment.
Gas Safety Checks: Similar the car MOT, where the test can be done ahead of time, while retaining the existing renewal date, landlord gas checks will now be allowed on the same basis, up to 2 months ahead of time
The Justice Committee has launched an inquiry into the work of county courts amid long-standing concerns over capacity and resources.
Ignorance and bad practice around these legitimate deposits is creating one of the biggest areas of illegal activity in the PRS.
