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Regaining possession of a commercial property

Regaining possession of a commercial property

News

Landlords of commercial premises may consider it necessary to bring the lease to an end or to refuse to renew a lease. This course of action might be for a number of reasons: A tenant for example might not have a statutory right to a lease renewal under the Landlord and Tenant Act 1954, the

MTD vs Self-Assessment Tax Returns - understanding the coming changes

MTD vs Self-Assessment Tax Returns - understanding the coming changes

Information

The big changes are in the submission frequency and digital submission process. Firstly, you will need to complete not one but five tax submissions per year � one every quar

BREAKING: Don't expect an extension to the electrical safety standards deadline, says ministry

BREAKING: Don't expect an extension to the electrical safety standards deadline, says ministry

News

Landlords have been warned not to expect a grace period or extension to the deadline for properties to confirm to the new electrical safety standards. Originally, an https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guid

Average house price to rise by 17% over next ten years and to nearly �400,000 by 2050

Average house price to rise by 17% over next ten years and to nearly �400,000 by 2050

News

The average UK house price could surge by 17% in the next decade, based on historical data from the past 40 years, and is set to reach �400,000 by 2050. Property buying firm Good Move has studied house prices in the UK since 1980 to predict what the market might look like in th

Cleaning is still the biggest cause of deposit disputes

Cleaning is still the biggest cause of deposit disputes

News

What is a clean and tidy house to some is and unacceptably dirty mess to others; people have different standards and this will never change. Alternatively, some tenants are just too lazy to leave the place clean and tidy: dirty carpets and furniture, filthy bathrooms and toilets, and kitchen work

Legal case: the question of quiet enjoyment and nuisance

Legal case: the question of quiet enjoyment and nuisance

News

In every tenancy there is an implied right if not an express covenant that promises that the tenant is able to possess the premises, not just without noise, quiet enjoyment� as the term implies, but in peace and without without disturbance by hostile claimants�, including from the

National Residential solve any problem to sell buy-to-lets for the best possible price.

National Residential solve any problem to sell buy-to-lets for the best possible price.

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If you're a landlord and you haven't yet heard of us here at <a rel="noreferrer noopener" href="http://www.national-residential.co.uk/" target="_blank">National Re

BREAKING: NRLA report into 'unaccountable' Rent Smart Wales reveals range of failings

BREAKING: NRLA report into 'unaccountable' Rent Smart Wales reveals range of failings

News

Landlords have slammed the registration and licensing authority that regulates the private rented sector in Wales, taking the organisation to task for a range of failings. Rent Smart Wales was set up https://www.landlordzone.co.uk/news/starting-date-for-rent-smart-wales

Anti-money laundering legislation to apply to letting agents

Anti-money laundering legislation to apply to letting agents

News

The Government thinks that the risk of money laundering taking place in estate agency is on the rise, especially in high-end lettings - the top 5% of lets in value. However, there is a lot of uncertainty as to the full scale of money laundering in lettings says ARLA Propertymark. <p id="

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Lawyers call for 'millions' more for renter representation during evictions

Lawyers call for 'millions' more for renter representation during evictions

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News
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The Law Society of England and Wales has called for a multi-million-pound investment in renters’ representation via legal aid following a rise in eviction numbers.

Landlords must help make rent control in Scotland workable, says committee

Landlords must help make rent control in Scotland workable, says committee

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News
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Landlords in Scotland should be made to routinely provide data rather than simply respond to requests from local authorities, according to a report into the Housing Bill by the Local Government, Housing and Planning Committee.

REPORT: Twice as many landlords selling homes than those buying

REPORT: Twice as many landlords selling homes than those buying

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News
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More landlords are selling their properties than those buying, new research has highlighted

'Lack of bailiffs lengthening evictions process for landlords'

'Lack of bailiffs lengthening evictions process for landlords'

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News
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Landlords are having to wait longer and longer to evict tenants particularly for those using London’s County Courts, says specialist firm Landlord Action, which blames the problems to a greater extent on a lack of bailiffs.

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

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It seems it’s one step forward, two steps back for landlords with the recent Budget introducing significant changes to Stamp Duty Land Tax (SDLT) that will impact property transactions from April 2025. The changes have caused panic amongst landlords, with a spike in numbers looking to sell before Ch

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

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It is likely that under the Renters’ Rights legislation due in 2025, tenancy documentation will be highly scrutinised before an eviction trial is allowed

OFFICIAL: Time taken for landlords to evict tenants increases

OFFICIAL: Time taken for landlords to evict tenants increases

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News
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The time taken for landlords to evict tenants has increased, latest Government figures show.

Landlords persuade Government to U-turn on pet rules in Jersey

Landlords persuade Government to U-turn on pet rules in Jersey

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News
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Jersey landlords have avoided new rules that would have made imposing blanket bans on keeping pets illegal.

Big Norfolk council reveals new selective licencing plans

Big Norfolk council reveals new selective licencing plans

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News
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Great Yarmouth is asking landlords for their views on extending selective licensing in the town.

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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News
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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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News
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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