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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

News

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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News
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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%.

Who Pays for Maintenance and Repairs

Who Pays for Maintenance and Repairs

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Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y

Inflation (RPI) and Rent

Inflation (RPI) and Rent

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With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio

Commercial Property Insurance - part 1

Commercial Property Insurance - part 1

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Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan

Can Landlords Discriminate when Selecting Tenants?

Can Landlords Discriminate when Selecting Tenants?

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Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the

User Clauses - in Commercial (Business) Leases

User Clauses - in Commercial (Business) Leases

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Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a

Rent Increases with Assured Shorthold Tenancies

Rent Increases with Assured Shorthold Tenancies

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As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there

Guarantor or Rent Deposit

Guarantor or Rent Deposit

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The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina

Checking Tenants In and Out

Checking Tenants In and Out

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When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance

s.25 and s.26 notices - the landlord's perspective

s.25 and s.26 notices - the landlord's perspective

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Elsewhere on LandlordZONE (at https://www.landlordzone.co.uk/information/what-is-a-section-25-notice" https://www.landlordzone.co.uk/information/what-is-a-section-25-notice and https://www.landlordzone.co.uk/information/what-is-a-section-26-notice-2 ) you can find out about sec

"Upward-only" rent review

"Upward-only" rent review

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Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re

The Dangers with Section 8 Possession Claims

The Dangers with Section 8 Possession Claims

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There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s

What is a Section 25 Notice

What is a Section 25 Notice

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What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England &amp; Wales are regulated by the Landlord &amp; Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b

What is a Section 48 Notice?

What is a Section 48 Notice?

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Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England &amp; Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges

Fixed-Term or Periodic Tenancy?

Fixed-Term or Periodic Tenancy?

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Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo

A Check List for Serving a Valid Section 21 Notice

A Check List for Serving a Valid Section 21 Notice

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This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 &amp; 2004) provides a means of re-gaining possession of a residential property in England &amp; Wales. Other UK jurisdictions are similar but there

What is a Section 213 Notice?

What is a Section 213 Notice?

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A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England &amp; Wales (the rules in Scotland &amp; Northern Ireland are similar but

Tenant's Notice to Quit

Tenant's Notice to Quit

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How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a

Agricultural Tenancies

Agricultural Tenancies

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Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati

How Can I Sell My Rental Property?

How Can I Sell My Rental Property?

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Landlords sometimes face a dilemma when they want to sell a rental property, or even a portfolio of their rental properties. Sometimes landlords have no choice but to sell as they are being forced to sell for financial reasons.Residential properties, unlike their commercial counterparts, always s

Assignment of a Residential Tenancy

Assignment of a Residential Tenancy

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Assignment is when an existing and ongoing tenancy is transferred from one tenant to another. The person who transfers the tenancy is the assignor� and the person who the tenancy is transferred to is the assignee�.The outgoing tenant transfers his rights and obligations under the tenanc

Basement flats are more secure than houses

Basement flats are more secure than houses

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Latest Research Suggests Basement Flats Are Safe As HousesBasement flats in West London have been found to be as secure from intruders as other types of apartments, according to research carried by Basement Flats, a newly-launched London publication.The magazine, which features news and informati

10 year lease

10 year lease

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2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t

Covenant and Covenant Strength

Covenant and Covenant Strength

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Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?</h2>The term covenant can have several meanings and has biblical origins but it is of particulalry significance

Expiry of Section 21 Notice

Expiry of Section 21 Notice

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Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?Once a Section 21 notice has been served correctly it continues indefinitely, until such time as the tenancy is ended, either

How long should accounts be kept

How long should accounts be kept

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Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a