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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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Landlords with 20 properties or more are choosing to sell with these portfolio exit specialists

Landlords with 20 properties or more are choosing to sell with these portfolio exit specialists

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This year our economy, regulations and taxes were the final straw that led landlords rushing to sell off their portfolios to beat the market drops, mortgage versus rent gaps a

What do the falling house prices mean for landlords?

What do the falling house prices mean for landlords?

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May has brought more bad news for some landlords with the Nationwide Building Society reporting a 3.4% drop in house prices in the year to May 23 and interest rates that are expected to rise to 5.5.% later this year.

NEW: 'Landlords who make sex for rent demands should be banned for life'

NEW: 'Landlords who make sex for rent demands should be banned for life'

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News
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Estate agents have called for landlords who advertise sex for rent to be banned from the PRS for life. In its response to the governments https://www.gov.uk/government/consultations/exchange-of-sexual-relations-for-accommodation-sex-for-rent#:~:text=The%20consultatio

LATEST: London borough gives green light to big new HMO licencing scheme

LATEST: London borough gives green light to big new HMO licencing scheme

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Redbridge Council in North London has given the go-ahead for a new borough-wide additional HMO licensing scheme. The scheme extends licensing to all HMOs with three or more tenants forming two or more households after the authoritys consultation disco

COMMENT: Why are property values going down for the first time in ten years?

COMMENT: Why are property values going down for the first time in ten years?

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The Halifax revealed today that house prices have fallen on an annual basis for the first time since December 2012, by 1%. This means the average house value has declined by �132 which may not sound a lot but represents a seismic change after years of ultra-low interest rates p

NEW: Property educators urged to join reform group's first national summit

NEW: Property educators urged to join reform group's first national summit

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Property educators are being urged to collaborate, learn, and shape the future of property education at The Property Investors Bureau Property Educators Summit. The invitation-only industry event aims to improve standards, foster collaboration, and add value to their business by

NEW: London's bailiff service problems spreading to other areas of UK says expert

NEW: London's bailiff service problems spreading to other areas of UK says expert

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Following our storyhttps://www.landlordzone.co.uk/news/breaking-evictions-grind-to-a-halt-as-bailiffs-reduce-workload-over-health-and-safety/" https://www.landlordzone.co.uk/news/breaking-evictions-grind-to-a-halt-as-bailiffs-reduce-workload-over-health-and-safe

Concerns over loan defaults as office and retail tenants fail to renew leases

Concerns over loan defaults as office and retail tenants fail to renew leases

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Persistent home working is affecting office occupancy rates and is leading commercial tenants to fail to renew their office leases. Ghost city streets have emerged post pandemic as occupancy rates hit a new low. In the UK it has been reported that these office space rates could

BLOG: Ministers MUST reconsider periodic tenancy plans for students

BLOG: Ministers MUST reconsider periodic tenancy plans for students

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Last year saw worrying housing shortages in a number of university cities in the UK. In Leeds we were turning away larger than usual numbers of students at the back end of the summer as there were simply no rooms available. Even before the proposed changes under thehttp

Landlord wins praise for offering 'only locals' affordable property in town

Landlord wins praise for offering 'only locals' affordable property in town

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A landlord in the Kent seaside town of Whitstable has won plaudits after deciding to rent her rental property to local people, it has been reported.

NRLA slams Ministers over 'gimmicky' £10,000 fines for Right to Rent breaches

NRLA slams Ministers over 'gimmicky' £10,000 fines for Right to Rent breaches

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Both landlords and letting agents have slammed the Government's proposal to hugely increase fines for property managers who breach existing Right to Rent check laws.

Tech firm that helps landlords sell rented homes to sitting tenants secures first funding

Tech firm that helps landlords sell rented homes to sitting tenants secures first funding

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A free service that helps landlords manage their portfolios more profitably but also sell individual properties to sitting tenants through an innovative funding model has secu

Northern council prepares planning crackdown against HMO conversions

Northern council prepares planning crackdown against HMO conversions

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Bolton council has revealed its intention to begin a coordinated campaign to rein-in the creation of more HMOs within its boundary including via planning and parking rules and

COMMENT: Government has got itself in a muddle over the rental market

COMMENT: Government has got itself in a muddle over the rental market

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Bidding wars, tenant CVs, queues outside properties � these phenomena have become common in the rental market across Britain.� So runs the editorial in this week's Su

BREAKING: Fines for Right to Rent breaches to rise from £80 to £5,000 per tenant

BREAKING: Fines for Right to Rent breaches to rise from £80 to £5,000 per tenant

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The Home Office has revealed plans to hugely increase the level of fines that landlords can face if they are found to have not checked tenants properly to see if they have the

Landlord fined £36,000 by court after fire reveals his property wasn't licenced

Landlord fined £36,000 by court after fire reveals his property wasn't licenced

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A landlord in the North West has been handed a �36,000 fine after a fire at his property revealed it had not been licenced.

Warwick to charge landlords £1,116 as it doubles size of HMO licencing

Warwick to charge landlords £1,116 as it doubles size of HMO licencing

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Warwick is the latest local authority planning to more than double the size of its HMO licencing scheme, starting in January 2024. This follows a public consultation earlier t

Government tax 'windfall' revealed as more landlords sell their properties

Government tax 'windfall' revealed as more landlords sell their properties

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Official figures out today revealing a huge increase in capital gains tax paid on residential property sales can be explained by more landlords than usual selling rental homes

'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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Market rents hit historic high of £1,367 PCM as void periods plunge—explore the market shift and what it means for landlords.

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?

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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