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Test Case: enforcing legal protections for leaseholders

Test Case: enforcing legal protections for leaseholders

News

New leaseholder protections in the Building Safety Act 2022 came into force on 28 June 2022, with new financial protections for leaseholders in buildings above 11 metres or five storeys, those with historical safety defects. The new Building Safety Act 2022 was introduced follow

OPINION: It's time Facebook took action to stop rent scams on Marketplace

OPINION: It's time Facebook took action to stop rent scams on Marketplace

Opinion

Facebook is facing mounting calls to more effectively police its Marketplace classified listings platform after numerous investigations by national media outlets. The most recent was last night (23rd February)https://www.itv.com/news/channel/2023-02-23/prolific-scammer-

LAW: Landords who illegally evicted tenants landed with �22,300 rent repayment order

LAW: Landords who illegally evicted tenants landed with �22,300 rent repayment order

News

A landlord pair who assaulted one of their tenants while trying to illegally evict her from their unlicensed HMO have been handed a rent repayment order totalling more than �22,300. Guangyu Chen and Xing Guo argued that their poor English and understanding of the PRS was an exc

EXCLUSIVE: 'End of an era' for Shamplina as he steps back from popular TV show

EXCLUSIVE: 'End of an era' for Shamplina as he steps back from popular TV show

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Evictions expert Paul Shamplina has revealed that hes stepping back from his long-running role in TV series Nightmare Tenants, Slum Landlords. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/

York landlord group says 'collaboration not conflict way forward on HMO licencing'

York landlord group says 'collaboration not conflict way forward on HMO licencing'

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Yorks Residential Landlords Association (York RLA) wants to clarify why it decided not to proceed with further legal action over the city councils proposals to bring in an Additional Licencing scheme for HMOs. Both local media and LandlordZONE recently reported that it had

NEW: Unions and campaigners call on Michael Gove to 'freeze' rents

NEW: Unions and campaigners call on Michael Gove to 'freeze' rents

News

Council leaders, unions and renters groups have urged Housing Secretary Michael Gove to bring in an immediate rent freeze in a bid to prevent widespread homelessness. In an open letter, the 34 groups and individuals including London Renters Union, mayor of London Sadiq Kh

Landlord wins reprieve from huge RRO claiming 'technical issues' at council website

Landlord wins reprieve from huge RRO claiming 'technical issues' at council website

News

A disgruntled landlord has convinced a judge to have his rent repayment order case re-heard after arguing that council systems hindered his ability to apply for an HMO licence during the pandemic. Paul Fashade was told to pay three tenants a total of �11,

'Exploitative' landlords should be taxed harder says Joseph Rowntree Foundation

'Exploitative' landlords should be taxed harder says Joseph Rowntree Foundation

News

The government should raise the stamp duty surcharge on BTL purchases to favour those buying their own home, according to a new report from Joseph Rowntree Foundation (JRF). The social change group believes the surcharge should at least double to effectively disincentivise specu

NEW: Citizens Advice says Awaab's Law must be extended to PRS

NEW: Citizens Advice says Awaab's Law must be extended to PRS

News

Citizens Advice has urged the government to extend Awaabs law to the PRS to help the estimated 1.6 million children living in damp, mouldy or excessively cold privately rented homes. Awaab Ishtak died aged just two years old after living in a mouldy and

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Scotland to limit rent rises to official inflation rate

Scotland to limit rent rises to official inflation rate

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The Scottish Government has announced a new inflation-linked rent cap in its Housing Bill in a bid to balance supporting tenants with protecting landlords’ property rights.

Leading research institute slams Chancellor over stamp duty hike

Leading research institute slams Chancellor over stamp duty hike

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The Institute for Fiscal Studies (IFS) has slammed the Stamp Duty rise for landlords, warning that tenants will suffer as a result of the Budget announcement.

Bringing back empty rental homes should be 'biggest priority' says landlord

Bringing back empty rental homes should be 'biggest priority' says landlord

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Landlords should be encouraged to renovate and repurpose their empty properties to help resolve the housing crisis, according to one landlord.

Landlord to return deposit after odd attempt to charge for letters

Landlord to return deposit after odd attempt to charge for letters

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A landlord has failed in a bizarre attempt to withhold her tenant’s deposit by billing hundreds of pounds for writing letters and taking photographs.

New Local Housing Allowance freeze is 'nonsensical' say landlords

New Local Housing Allowance freeze is 'nonsensical' say landlords

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The government’s decision to freeze housing benefit rates next year, leaving private tenants facing financial hardship, has been labelled “nonsensical”.

Autumn Budget – A Halloween Horror Story

Autumn Budget – A Halloween Horror Story

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After a huge amount of speculation in the press we can finally report what the new Labour Government has decided to do (and not to do) on the tax front

Stamp duty hike will add £7,000 to each purchase for landlords

Stamp duty hike will add £7,000 to each purchase for landlords

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Landlords will face an additional average charge of more than £7,000 from tomorrow when buying a property thanks to an uplift in Stamp Duty charges.

'If the Budget delivers stability, the property sector will benefit'

'If the Budget delivers stability, the property sector will benefit'

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Nick Lyons, chief executive of inventory experts No Letting Go give his view on the measures announced yesterday in parliament by Rachel Reeves.

ANALYSIS: What does stamp duty hike mean for landlords?

ANALYSIS: What does stamp duty hike mean for landlords?

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The Labour Government has ramped up its increasingly anti-landlord policies by increasing the stamp duty they pay when buying rental properties from 3% to 5%.

How to do a rent review - Part 1

How to do a rent review - Part 1

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In 1978, I published a pamphlet "The Framework of Rent Review Clauses" which was given free publicity in leading law and property journals. In 1983, I published a 28-page booklet ' How to do a Rent Review; priced at �5 it was an instant hit and in a letter to me was described by Professor Joh

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 &amp; 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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Commercial Tenancies: The idea of the full repairing (including decorating) lease is that when the tenant yields up the premises on expiry of the contractual term, or sooner termination, the state of repair and condition that the premises are left in would be as envisaged in

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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Assuming a commercial property is let already, the proposition an income-producing investment, the investor would be buying the building/property, not the tenant's business. Since the purchase price is geared to the passing and reversionary rent, it is normal to assess the tenant's ability to per

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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I am revisiting ITZA in the light of an experience I am enduring concerning some tenants that are inexperienced of rent review. Tenant contention is that an ITZA adopted/agreed for a previous review should be used again for a current review.Unless the ITZA is documented in a binding agreement, th

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

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Basically, what is known as a Calderbank offer is a 'without prejudice;' offer to settle a dispute to avoid the extra costs and associated risks of a full referral.From Calderbank v Calderbank [1976] and originally confined mainly to family property disputes, an offer of settlement made before th

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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According to research from the NLA, 4 in 10 landlords are either seriously considering forming a limited company or looking into the option in the coming months.Can you - and more importantly should you - set up a company to pay less tax? Heres my complete guide on becoming incorporated.<stron

What heating system for Rental Property?

What heating system for Rental Property?

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What heating system should you use in your rental property? Is there a heating system that could solve landlords condensation claims problems?Its one of the most important questions to ask when letting a property for the first time. Whatever system you choose carries implications for the ef

Warnings about Gumtree advertised letting scams

Warnings about Gumtree advertised letting scams

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The Residential Landlords Association (RLA) and the National Landlords Association (NLA) have called on the classified online listings service Gumtree to issue clear guidance over possible scams involving bogus letting scams.The warning has been issued to Gumtree by the NLA and the RLA after f

Dispute Resolution Procedure at Rent Review

Dispute Resolution Procedure at Rent Review

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At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to inv

Government releases 'How to Rent'� guide

Government releases 'How to Rent'� guide

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From the 1st of October 2015 it became a statutory requirement that landlords issue all new tenants after that date with the latest edition of a Government publication The How to Rent Guide�, along with a current Energy Performance Certificate (EPC) and a current Gas Safety

Doing Right to Rent - Immigration Checks

Doing Right to Rent - Immigration Checks

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From 1st February 2016 all new tenants in England must be given Right-to-Rent (Immigration) Checks to determine their "right-to-rent" or "right-to-reside" in the country, BEFORE they can be given a tenancy. Landlords or letting agents must do the checks - letting agents where the

Tax Deductible Letting Expenses

Tax Deductible Letting Expenses

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This is a Guide to Tax Deductible Letting Expenses for Landlords under the new tax rules following the Summer Budget 2015. These may be subject to change and you are advised to consult a tax specialist before making any decisions.From April 2016 landlords will no longer be able to automatically d

Landlord uses hidden cameras to spy on tenants

Landlord uses hidden cameras to spy on tenants

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An Edinburgh landlord set-up hidden cameras in the bedroom and bathroom of his flat, to film people in bed and in the shower.The cameras were discovered by a young couple, friends of the landlord who allowed them to use the accommodation. The couple found a box on the living room table with a cam

Comparable Evidence

Comparable Evidence

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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

What is a Section 20 Notice ?

What is a Section 20 Notice ?

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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