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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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Letting agent caught blatantly refusing to return tenant's deposit

Letting agent caught blatantly refusing to return tenant's deposit

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A letting agent has been found to have blatantly broken the law by refusing to hand back a holding deposit.

Landlords warned they must ensure property ads are accurate

Landlords warned they must ensure property ads are accurate

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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’.

Up to 50% of southern England landlords looking to sell up

Up to 50% of southern England landlords looking to sell up

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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.

Minister claims rent controls 'are working' for tenants and landlords

Minister claims rent controls 'are working' for tenants and landlords

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Scotland’s housing minister has defended the country’s policy of rent and eviction controls despite new figures showing rents continuing to rise.

Landlord couple to face jail following HMO tenant's fire death

Landlord couple to face jail following HMO tenant's fire death

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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.

Social housing ombudsman to deal with private landlords too, says Minister

Social housing ombudsman to deal with private landlords too, says Minister

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Disputes between landlords and their tenants will soon be handled by the social housing ombudsman, it has been confirmed by Government minister Jacob Young.

Tenant abandonment - what is it?

Tenant abandonment - what is it?

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What is Abandonment? Abandonment is when a tenant leaves the property (usually without notifying the landlord or agent) before the tenancy has ended.

Double council tax aims to get owners letting properties

Double council tax aims to get owners letting properties

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Argyll and Bute councillors have approved a plan to charge a double council tax on second homes.

London council bids to continue clampdown on small HMOs

London council bids to continue clampdown on small HMOs

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Haringey Council has urged landlords to share their views on plans for a new additional licensing scheme in the borough.

Labour WARNED over claim that 'most renters live in homes owned via mortgages'

Labour WARNED over claim that 'most renters live in homes owned via mortgages'

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A team of independent fact checkers and campaigners has debunked Labours claims that most renters live in homes bought with a buy-to-let mortgage. Deputy leader Angela Rayner made the assertion last week, but charity Full Fact says the claim is technically incorrect, as it ho

Horrendous overcrowding at dilapidated HMO leads to £17,000 fine for landlord

Horrendous overcrowding at dilapidated HMO leads to £17,000 fine for landlord

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A letting agency-owning landlord has been fined more than £17,000 for renting out one small room in an HMO to a family of five. Ruhul Shamsuddin and his company Lordsons Estates were found guilty of 23 housing offences relating to a

Bank of England warns landlords face 'impossible position' as rates rise

Bank of England warns landlords face 'impossible position' as rates rise

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The Bank of England has warned that landlords with mortgages are under increasing strain from higher interest payments and other structural factors, all of which are likely to put pressure on their incomes�. The commentary is within the banks latest https:

Landlord mortgage arrears outstrip home owners' as costs squeeze profitability

Landlord mortgage arrears outstrip home owners' as costs squeeze profitability

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Landlords arrears are growing at a faster rate than homeowners, according to new research that suggests fewer investors are being shielded from economic headwinds. https://www.octanecapital.co.uk/" Octane Capital found that buy-to-let arrears of more tha

Kerching! Five tenants pocket �29,000 after landlord fails to licence HMO

Kerching! Five tenants pocket �29,000 after landlord fails to licence HMO

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Five tenants have shared a whopping �29,000 Rent Repayment Order after their landlord failed to licence its HMO. East London-based https://www.facebook.com/weletroomsuk/" We Let Rooms Ltd did not defend itself at a First Tier Property T

Demand for student housing soars as landlords exit sector

Demand for student housing soars as landlords exit sector

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Corporate student housing giant expands as private HMO landlords exit, amid growing demand for purpose-built student accommodation (PBSA).

Beadle slams claim that landlords will 'game new eviction rules'

Beadle slams claim that landlords will 'game new eviction rules'

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Landlord leader Ben Beadle has given Shelter a run for its money during a parliamentary committee evidence session on the Renters (Reform) Bill. Beadle, who is chief executive of the National Residential Landlords Association, wondered out loud during the meeting whether campaig

ANALYSIS: How it's a taxing time for landlords...

ANALYSIS: How it's a taxing time for landlords...

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Changes in tax rules for buy-to-let landlords have definitely made the business of letting property more challenging, particularly with those who have taken on big mortgages to buy their rental properties. The removal of mortgage interest relief (Section 24 of the Finance Act) a

'This is why landlords must approach guaranteed rent schemes with caution'

'This is why landlords must approach guaranteed rent schemes with caution'

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An Essex landlord has learned the hard way that unpicking rent-to-rent or guaranteed rent agreements can be a lot more difficult than many might believe. In a case handled by the Resolution Department Lead Suzy Hershman (main picture) and her team at

Agency boss to pay £8,000 after terrifying tenant tactics

Agency boss to pay £8,000 after terrifying tenant tactics

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London letting agent fined £8,000 for misleading tenants and using intimidation tactics; company dissolved.

Landlords write open letter calling out Government's 'attack on property sector'

Landlords write open letter calling out Government's 'attack on property sector'

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Jerseys private landlords have urged lawmakers to rethink radical plans to shake up the sector which they fear will exacerbate the housing crisis. The Jersey Landlords Association (https://www.jla.je/" JLA ) has

'Give tenants some of your equity gains when you sell' says Big Issue founder

'Give tenants some of your equity gains when you sell' says Big Issue founder

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Landlords should give renters some of their equity gains when they sell up to stop the giant tenant rip-off, according to https://www.bigissue.com/ The Big Issue boss John Bird (main picture). Bird b

Agents say rent cap has 'forced more landlords to quit and pushed up rents'

Agents say rent cap has 'forced more landlords to quit and pushed up rents'

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One hundred percent of letting agencies in Scotland say they have seen more landlords exiting the market since the countrys government brought in and then recently-extended a rent rise cap and evictions ban. Agents canvassed by trade organisation Propertymark also reported an

'Landlords to be exempted from council tax premium on empty homes'

'Landlords to be exempted from council tax premium on empty homes'

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A consultation has opened into proposals not to charge landlords who are preparing a property to let or waiting to find a tenant the empty homes a council tax premium. The government wants to strengthen the existing long-term empty homes premium by applying this to properties th

UK house prices falling, mortgage rates rising but some landlords still buying

UK house prices falling, mortgage rates rising but some landlords still buying

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UK house prices fell by 3.1pc on an annualised basis in the first quarter (Q1) of 2023 and an increase in interest rates have a dampening effect on the market. Inflationary pressures With inflation currently running at 8.7pc (CPI), this is well above the Bank of Engl

Plans to make Airbnb landlords reach same standards as hotels criticised

Plans to make Airbnb landlords reach same standards as hotels criticised

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Statutory licensing scheme plans for visitor accommodation in Wales have got the thumbs down from many holiday home owners, short-lets landlords and residents. The proposals, which will see all holiday homes, https://www.landlordzone.co.uk/tag/airbnb-landlords/" target=

Leasehold properties become harder to sell, landlords warned

Leasehold properties become harder to sell, landlords warned

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Leasehold properties are becoming harder to sell due to escalating ground rents and limited lease terms, despite recent reform efforts.

LATEST: Activists attack Renters (Reform) Bill over 'landlord loopholes'

LATEST: Activists attack Renters (Reform) Bill over 'landlord loopholes'

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Loopholes in the Renters Reform Bill around alternative possession grounds leave it open to abuse by unscrupulous landlords, claims a Labour activist and lawyer. A landlord will simply need to demonstrate an intention to use the property to live in or sell before they can

UK landlords with Airbnb properties in EU to pay 20% VAT on rental income

UK landlords with Airbnb properties in EU to pay 20% VAT on rental income

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British landlords who use rental platforms to let holiday homes in the European Union will soon have to pay VAT on their rental income. Under the EUshttps://taxation-customs.ec.europa.eu/taxation-1/value-added-tax-vat/vat-digital-age_en" target="_blank" <strong

TRENDS: Young 'modern tenants' want green, digital landlords

TRENDS: Young 'modern tenants' want green, digital landlords

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Most tenants want their landlords to be green and digital, a poll of some 2,000 renters has revealed. Despite debates about rental supply and rocketing rents dominating the public debate about the private rented sector, software firm MRIs poll found that two thirds want to in

Talks begin on UK-wide ban on landlords advertising property as 'no children'

Talks begin on UK-wide ban on landlords advertising property as 'no children'

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The Scottish and UK governments are working together to prevent landlords banning children from properties after a BBC investigation revealed the practice was still rife. Following the launch of thehttps://www.totallandlordinsurance.co.uk/knowledge-centre/renters-refor

'Huge competition is the key problem for families in PRS, not landlords' says Shamplina

'Huge competition is the key problem for families in PRS, not landlords' says Shamplina

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Paul Shamplina says the key reason why tenants with children are struggling to find rented accommodation is the ongoing supply crisis created by Government intervention in the sector, and the huge competition for properties that it is creating. Speaking to BBC Radi

Sell now before rates cause buyers to scatter and prices to plummet

Sell now before rates cause buyers to scatter and prices to plummet

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The NRLA recently reported that 1 in 3 landlords are going to trim down their portfolios. A whopping 33% of landlords currently selling throughout the UK. Of that 33%, most landlords agreed that they would be willing to take 80% of the value just to get rid of them because mortgage payments

Property figure viciously trolled after criticising protestors at landlord show

Property figure viciously trolled after criticising protestors at landlord show

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Property PR expert Russell Quirk has been defending private landlords from a torrent of vile abuse on social media. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/63bef2f3c329eff8e3a4af45/64cb9a556b542a2d3a2d

New court service for tenants risks more landlords facing huge eviction costs

New court service for tenants risks more landlords facing huge eviction costs

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The new Housing Loss Prevention Advice Service could result in more landlords fighting and potentially losing - expensive court battles. There are fears that the threat of a �15,000 legal bill if they lose their possession claim hearing could be enough to dissuade some from