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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

Information

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

News

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

Information

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

Information

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

Information

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

Information

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

Information

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

Information

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

Information

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

Information

Learn how a Calderbank offer can help landlords settle disputes and avoid costly rent review referrals.

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Landlords' household definition confusion results in £11,250 fine

Landlords' household definition confusion results in £11,250 fine

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News
Podcast
Opinion
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A landlord pair have failed to convince a tribunal judge that their tenants’ relationship excused them from getting an HMO licence.

'Build more affordable homes instead of hitting landlords'

'Build more affordable homes instead of hitting landlords'

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News
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A Scottish parliamentary committee has called for an action plan to tackle the country’s “predictable and preventable” housing emergency, with the property industry also saying rent controls ‘are not the answer’.

Minister reveals plans to include evictions within landlord database

Minister reveals plans to include evictions within landlord database

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News
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The government has revealed that it is looking into measures that will add landlords’ eviction activity to the looming PRS database.

Landlords in Essex to face big 'fine' for late licence applications

Landlords in Essex to face big 'fine' for late licence applications

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News
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Opinion
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Landlords could face a £765 bill for delaying their selective licence application when Thurrock Council launches its proposed scheme.

Council reveals heavy landlord fines for low EPCs

Council reveals heavy landlord fines for low EPCs

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News
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Tewkesbury Council is bucking the national trend by punishing landlords with failing EPCs.

OFFICIAL: Poorest tenants paying 63% of income in rent

OFFICIAL: Poorest tenants paying 63% of income in rent

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News
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Poorer tenants within the private rented sector (PRS) are spending 63% of their income on rent, a shocking new report from the Government has revealed.

Tenant facing 20% rent rise starts popular petition urging controls

Tenant facing 20% rent rise starts popular petition urging controls

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News
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A petition calling for rent controls launched by a hard-up mum has garnered some 42,00 signatures and counting.

'Outdated' wear-and-tear rules costing landlords unfairly, says inventory boss

'Outdated' wear-and-tear rules costing landlords unfairly, says inventory boss

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News
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Outdated 'fair wear and tear' rules are forcing tenants to face unreasonable deductions and landlords to pay higher costs, a proptech firm boss has warned.

Welsh ministers says 'no' to landlords paying back rent after evictions

Welsh ministers says 'no' to landlords paying back rent after evictions

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News
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The Welsh government has rejected proposals to give tenants compensation if they are handed a no-fault eviction notice.

More tenants reporting maintenance and repair issues

More tenants reporting maintenance and repair issues

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News
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Leaks, alarms and boiler breakdowns are the most common problems facing tenants and property managers, according to new research.

BLOG: Labour thinks landlord income is 'unearned' and must be taxed harder - why?

BLOG: Labour thinks landlord income is 'unearned' and must be taxed harder - why?

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News
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LandlordZONE's Nigel Lewis looks at Labour's odd obsession with landlording 'not being real work'.

REVEALED: How much more HMO operators earn than other landlords

REVEALED: How much more HMO operators earn than other landlords

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News
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Landlords who operate HMOs collect rents almost twice as much as those who operate ‘family homes’, new research shows.

Date set for Renters' Right Bill final stage next week

Date set for Renters' Right Bill final stage next week

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News
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The Renters’ Rights Bill is now almost certain to become law before the political parties break for the party conference season.

COMMENT: HMRC Spot Checks on Landlords – be prepared for a “Fishing Expedition”

COMMENT: HMRC Spot Checks on Landlords – be prepared for a “Fishing Expedition”

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News
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HMRC spot checks – “fishing expeditions” – what they mean for you and how to be prepared

Big pet charity warns Ministers off rental property pet deposits

Big pet charity warns Ministers off rental property pet deposits

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News
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Battersea Cats and Dogs Home has warned Labour not to allow landlords to demand that tenants take out pet deposits.

BLOG: 'Small landlords are under siege and it won't end well'

BLOG: 'Small landlords are under siege and it won't end well'

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News
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The UK’s private rental sector is undergoing one of the most dramatic shifts in decades and not for the better says leading broker.

Big NW council brings in unusual 'immediate' HMO restrictions

Big NW council brings in unusual 'immediate' HMO restrictions

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News
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Halton council, which includes two big towns outside Liverpool, wants to heavily restrict HMO conversions.

Two thirds of landlords 'unprepared' for renting reform tsunami

Two thirds of landlords 'unprepared' for renting reform tsunami

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News
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Only one in six landlords (16%) are fully prepared for the Renters’ Rights Bill says new poll.

Labour's NI taxation plan for landlords to cost £722 per property

Labour's NI taxation plan for landlords to cost £722 per property

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News
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The true extent of extra cost faced by landlords by the Chancellor's NI plans are revealed.

'Ensuring tenants can pay their rent isn't controversial'

'Ensuring tenants can pay their rent isn't controversial'

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News
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Fergus and Judith Wilson say their reputation isn't justified, and argue that they are good landlords.

Council faces backlash over selective licensing scheme renewal

Council faces backlash over selective licensing scheme renewal

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News
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Opinion
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Private tenants already been warned that rents will rise by £15 a month to pay for new scheme.

Angela Rayner urged by nearly 50 organisations to U-turn on pet damage insurance

Angela Rayner urged by nearly 50 organisations to U-turn on pet damage insurance

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News
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Pet campaigners have written to Angela Rayner in a last-ditch attempt to reinstate landlords’ ability to require pet damage insurance in the Renters’

Council leader attacks 'hard-nosed' landlords over illegal HMOs

Council leader attacks 'hard-nosed' landlords over illegal HMOs

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News
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Essex borough of Basildon reveals huge crackdown on landlords who run unlicensed HMOs.

Small-Scale Build-to-Rent, a hidden gem opportunity for SME landlords

Small-Scale Build-to-Rent, a hidden gem opportunity for SME landlords

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News
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Direction of travel: all the regulatory changes to the private rented sector (PRS) say, it’s go bigger or get out

How have Labour changed the lettings market in one year?

How have Labour changed the lettings market in one year?

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Labour’s first year: Renters' rights up, reforms underway, pace lags promises.

New report reveals shocking facts about UK's rogue landlords

New report reveals shocking facts about UK's rogue landlords

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News
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A major investigation into rogue landlords within he private rented sector has made some shocking claims.

BLOG: 'Renters' Rights Bill will change everything for landlords and tenants'

BLOG: 'Renters' Rights Bill will change everything for landlords and tenants'

Opinion
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Landlord and tenant dispute specialist explores some of the key issues that the looming Renters' Rights Bill will throw up.

Labour's NI tax raid 'to hit millions of pensions'

Labour's NI tax raid 'to hit millions of pensions'

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News
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Landlords have claimed that HM Treasury plans to charge National Insurance (NI) on rents is a raid on millions of people’s pension

BLOG: 'Any NI raid on rents will hit HMO landlords hardest'

BLOG: 'Any NI raid on rents will hit HMO landlords hardest'

Opinion
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COHO founder Vann Vogstad says HMO landlords will shoulder a particularly large share of any NI levy on rental income.

Westminster to renew £1,540 licensing scheme for smaller HMOs

Westminster to renew £1,540 licensing scheme for smaller HMOs

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News
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London’s Westminster Council has revealed plans to renew its additional HMO licensing scheme covering many of the borough’s streets.

Plan for landlords to pay NI on rental income revealed

Plan for landlords to pay NI on rental income revealed

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News
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Landlords face paying national insurance on their rental income if plans leaked by HM Treasury this morning make it into the Autumn budget.

Businesses in England face double whammy as business rates are reviewed in 2026

Businesses in England face double whammy as business rates are reviewed in 2026

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News
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There will be an “unavoidable double hit” to property taxation next year when the business rates review combines with rising inflation

South of England council latest to clamp down on smaller HMOs

South of England council latest to clamp down on smaller HMOs

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News
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Spelthorne council to the south of Heathrow Airport has changed it mind on HMO 'threat' following complaints.

Council becomes first in UK to take over a landlord's homes after licensing failures

Council becomes first in UK to take over a landlord's homes after licensing failures

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News
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A landlord in London is the first in the UK to have their properties taken over ‘long-term’ by a council.