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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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Campaigners call for complete overhaul of tenant deposits system

Campaigners call for complete overhaul of tenant deposits system

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Generation Rent has called for a complete overhaul of the deposit system amid claims that it is failing renters and lining landlords’ pockets.

Yet another council says HMOs 'magnets for crime and bad behaviour'

Yet another council says HMOs 'magnets for crime and bad behaviour'

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One councillor's 'slum' comments have spurred several industry figures to fight back against poor perception of HMOs.

Leading figures slam delays faced by landlords using County Courts to evict

Leading figures slam delays faced by landlords using County Courts to evict

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Law Society chief and evictions expert say reforms are too late, too little and won't reduce evictions case backlog.

Proactive council helps at-risk tenants find homes

Proactive council helps at-risk tenants find homes

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A council-run scheme to help people facing homelessness access private rented homes is proving a success.

Landlords face uncertainty amid evolving rental policies

Landlords face uncertainty amid evolving rental policies

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Total Property sponsored the Landlord Investment Show, highlighting landlord concerns over the government's removal of pet protections in rental laws,

Stop 'destructive' interfering in Scottish PRS says agent

Stop 'destructive' interfering in Scottish PRS says agent

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Scotland’s new Housing Secretary has been warned not to push rent controls over housing growth.

Paul Shamplina wants landlords for knock-out boxing event

Paul Shamplina wants landlords for knock-out boxing event

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Landlords in the North East are being urged to sign up for charity boxing event, Rumble with the Agents.

Government throws a bombshell: a ban on upwards-only rent reviews

Government throws a bombshell: a ban on upwards-only rent reviews

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Commercial landlords thought they had escaped the kind of tenant empowering measures being meted out to residential landlords - not so fast

Summer delay announced for rental reforms

Summer delay announced for rental reforms

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The Renters’ Rights Bill won’t receive Royal Assent until after the parliamentary summer break.

'Base rate rise will put landlords and tenants under even more financial strain'

'Base rate rise will put landlords and tenants under even more financial strain'

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Landlords have warned the Bank of England that its decision to raise the base rate by a quarter of a percent to 5.25% will only put more pressure on to renters and buy-to-let

ANALYSIS: Short term lets under threat...

ANALYSIS: Short term lets under threat...

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The rental market in the UK has undergone something of a revolution in recent years, with a significant shift away from permanent or long-term renting towards Airbnb style hol

Unusual legal win by landlord shows appealing council fines can be worth it

Unusual legal win by landlord shows appealing council fines can be worth it

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Landlords operating good-quality and well managed rented properties and who are of good character should fight unfair council fines for failing to licence properties, an unusu

Landlord company registrations rise as many seek to avoid higher tax bills

Landlord company registrations rise as many seek to avoid higher tax bills

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Higher taxes and the pandemic have significantly increased the number of landlords starting up limited companies rather than owning and operating properties personally, new re

Market rents hit £1,367 as void periods plunge

Market rents hit £1,367 as void periods plunge

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The average rent for a property in the UK has hit a historic high of �1,367 a month, helping push void periods between tenancies down to their lowest ever, an average of nine

Is it fair that councils can fine landlords even though they too break the law?

Is it fair that councils can fine landlords even though they too break the law?

Opinion
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There is a burning issue within the rented homes market that is grossly unfair on private landlords and that is never discussed by politicians or the trade associations that o

Landlord to pay tenants £12,500 because 'innocence of law is no defence'

Landlord to pay tenants £12,500 because 'innocence of law is no defence'

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Being ignorant of landlord law is no defence, a brutal legal point that has cost a landlord duo in London dearly after they were told by judges to repay their tenants �12,500

Looming EPC changes already skewing the buy-to-let market, claims finance boss

Looming EPC changes already skewing the buy-to-let market, claims finance boss

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The Governments plans to force landlords to upgrade their properties to a minimum C energy efficiency standard is already affecting how rental properties are being purchased, the boss of a big money firm has claimed. Louisa Sedgwick, Commercial Director at Paragon Bank

City office space under threat as personified by Canary Wharf exodus

City office space under threat as personified by Canary Wharf exodus

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The pattern of office working is changing and nowhere is its effect on commercial property being felt more strongly than in Londons Docklands Canary Wharf. A once thriving financial centre The development of the wharf into a thriving financial centre just outsi

BREAKING: Gove green lights expensive new licencing scheme in Nottingham

BREAKING: Gove green lights expensive new licencing scheme in Nottingham

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Michael Gove has given Nottingham city council the green light to proceed with one of the UKs most expensive and controversial selective licensing schemes. Due to start on December 1st, it will require all rented properties within 20 of its wards to be licenc

Government is afraid EPC upgrades will be final straw for landlords, says big bank

Government is afraid EPC upgrades will be final straw for landlords, says big bank

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A leading lender believes the governments likely decision to row back on EPCs is linked to fears that it will hit an already struggling PRS. Earlier this week, Housing Secretary Michael Gove suggested a delay in bringing in energy efficiency plans for rental properties to

Property firm reports more landlords selling up as 'red tape' burden rises

Property firm reports more landlords selling up as 'red tape' burden rises

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Home buying company the Open Property Group (OPG) has reported a 56% jump in PRS property purchases during the past year, with landlords blaming red tape for their decision to sell up. It bought nearly �6 million worth of property from homeowners and landlords looking for a fas

Payday! Three tenants to share �20,000 after landlord fails to licence property

Payday! Three tenants to share �20,000 after landlord fails to licence property

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Three tenants have won a �20,160 rent repayment order from their landlord who failed to licence his HMO. A First Tier Property Tribunal found that Simon Freed let out the three-bedroom flat in Frognal Court, Camden (main picture), a

Scots Ministers avoid revealing how many landlords are seeking big rent rises

Scots Ministers avoid revealing how many landlords are seeking big rent rises

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The Scottish Government has decided not to publish details of how many landlords north of the border have applied to raise their rent above the 3% maximum allowed under the countrys Cost of Living (Tenant Protection) (Scotland) Act. This controversial legislation was first in

Landlords warned over increase in unauthorised and illegal sub-letting by tenants

Landlords warned over increase in unauthorised and illegal sub-letting by tenants

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Sub-letting is on the increase within the private rented sector as the cost of living crisis bites, it has been reported. Direct Line says nearly half of all tenants who sublet rooms within their property have not told their landlord or checked they are allowed to within their r

Council's desperate measures to stop landlords evicting tenants revealed

Council's desperate measures to stop landlords evicting tenants revealed

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Brent Council is paying a landlord to house the tenant he was trying to evict after failing to come up with any alternative accommodation. The authority paid the legal fees and took over responsibility for paying the rent as long as the landlord continued to let his tenant stay

BTR makes another leap forward with £1.26 billion invested in just three months

BTR makes another leap forward with £1.26 billion invested in just three months

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T The UKs build-to-rent (BTR) stock now stands at 88,100 completed homes, with a further 53,500 homes under construction and 111,800 in the planning pipeline. Savills research reveals that in the second quarter of the year, the sector saw a record-breaking �1.26

Landlord outcry over 'unfair' major Midlands selective licencing scheme

Landlord outcry over 'unfair' major Midlands selective licencing scheme

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Landlords in Birmingham have slammed the citys new selective licensing scheme which some claim is unfairly targeting ethnic communities. The scheme, which took effect at the beginning of June, affects all landlords in 25 of the citys wards which have more than 20% of rente

'Stop demonising landlords, it's just not helping the situation'

'Stop demonising landlords, it's just not helping the situation'

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Be careful what you wish for� is the point I would put to organisations such as Shelter, Generation Rent and other tenant groups.  In other words, stop demonising landlords - its not helping the situation especially when we have such a severe rental stock crisis.&

No need to evict! We sell buy-to-lets in 28 days to new landlords who want to keep your 'fireproof'� tenants

No need to evict! We sell buy-to-lets in 28 days to new landlords who want to keep your 'fireproof'� tenants

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Theyve been dubbed fireproof tenants� news this week reached fever pitch for landlords who rallied together in outrage to hear that multiple local councils had advised tenants not to move out of their houses� no matter what, even if the landlord was in financial difficulty

NEW: �30 billion cost for landlords to upgrade properties to EPC minimum

NEW: �30 billion cost for landlords to upgrade properties to EPC minimum

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More than half of all homes in the private rented sector need upgrading to achieve an EPC band C by 2028, with landlords facing a total estimated bill of �30 billion at a time when many are struggling to cover their costs. About 2.9 million properties are affected, with costs f

HOT MARKET: Every property put on market receiving 20 viewing requests

HOT MARKET: Every property put on market receiving 20 viewing requests

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Rental properties in the North West are each attracting an average of 30 viewing requests as competition among prospective tenants grows more intense. Data commissioned by the BBC from Rightmove shows an average of 20 requests to view each available property in Britain, up from

Charities and campaigners slam Government over 'weak' renting reforms

Charities and campaigners slam Government over 'weak' renting reforms

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In a sign that the Renters (Reform) Bill is annoying many and pleasing few, charities and pro-tenant groups have today joined forces to slam the legislation for being too weak. The https://rentersreformcoalition.co.uk/" target="_blank" Renters Ref

BREAKING: Government rows back on 2035 gas boiler ban within rented properties

BREAKING: Government rows back on 2035 gas boiler ban within rented properties

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The Government has rowed back on its commitment to phase out all gas boilers in rented homes by 2035 following comments by Michael Gove. Talking tohttps://www.thetimes.co.uk/radio/schedule" https://www.thetimes.co.uk/radio/schedule" target="_blank" i

Another big council looks at forcing selective licencing on private landlords

Another big council looks at forcing selective licencing on private landlords

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A big South East counciil hopes to introduce a big selective licencing scheme for private landlords which would cover all PRS homes. Medway, which is a unitary authority covering a large swathe of Kent including Rochester and Gillingham, has seen those renting in the private ren