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Case Law: planning law and the right to light

Case Law: planning law and the right to light

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In Beaumont Business Centres Ltd v Florala Properties Ltd (2020) the High Court considered the legal position regarding a serviced office providers right to light following an adjoining apathotel development. Beaumont Business Centres Limited took out an injunction against Fl

Test Case: Landlord's consent with mutual and absolute covenants

Test Case: Landlord's consent with mutual and absolute covenants

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In this case - Duval v 11-13 Randolph Crescent Ltd - reached the Supreme court in May 2020 after a tenant in a block of flats had requested the landlords consent for alterations, but disputed by another tenant in the same block, objecting to the landlord giving consent. Under

Why does it feel like the Tories have turned on landlords? Here's one answer

Why does it feel like the Tories have turned on landlords? Here's one answer

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Whatever their politics, many landlords are wondering why successive Conservative governments have proved to be so hostile to buy-to-investors, given its former party of the landlord moniker. This includes the 3% stamp duty increase, Section 24 tax relief reductions, the a

David Coughlin: how I escaped recession era Liverpool to build a 100-property portfolio

David Coughlin: how I escaped recession era Liverpool to build a 100-property portfolio

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David Coughlins journey from the son of an unemployed Bootle docker to a 100-property portfolio landlord is one of the private rental markets more extraordinary journeys. Now pushing fifty years old, it was in his mid-20s that he began investing in property. Co

Queen evicts couple over �32 bill, revealing Royal Household is exempt from evictions ban

Queen evicts couple over �32 bill, revealing Royal Household is exempt from evictions ban

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Landlords might feel slightly peeved to discover that the Queen is exempt from the current eviction ban. As a landlord, her Majesty rents out a number of Royal Household properties, but unlike every other landlord in the UK whos up against the evictions ban until next year, s

TV property tycoon rejects claim he's a 'notorious rogue landlord'

TV property tycoon rejects claim he's a 'notorious rogue landlord'

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Multi-millionaire property tycoon Andrew Panayi (pictured, above) has hit back at councillors who dubbed him a notorious rogue landlord�. Islington Council refused planning permission for a two-bedroom flat in Londons Caledonian Road, submitted by Panayi who infamously,

LATEST: Disappeared guest house investment couple re-emerge in Oz

LATEST: Disappeared guest house investment couple re-emerge in Oz

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A property investment guru couple who disappeared leaving disappointed participants in their investment schemes puzzled as to their whereabouts have popped up as spiritual leaders in Australia. Marta and Lloyd Smith - now known as Riya Loveguard and Aeron Lazar - ran Home

Landlords must 'go green' as government reveals gas boiler ban for rented properties

Landlords must 'go green' as government reveals gas boiler ban for rented properties

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The Government is to phase out gas by 2035 as part of its green ten-point plan announced this week, meaning millions of boilers across the private rented sector are on borrowed time. CEO of the Chartered Institute of Plumbing and Heating Engineering (CIPHE), Kevin Wellman, under

Reluctant landlords: cladding woes force owners to let out properties at a loss

Reluctant landlords: cladding woes force owners to let out properties at a loss

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Thousands of leaseholders are stuck in their flats because they cannot sell due to unsafe cladding installed on their high rise blocks. Sales are stalled because potential buyers cant obtain a mortgage until the defective cladding is replaced and the building declared safe by a specialis

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

Lodgers Limits

Lodgers Limits

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Lodgers Limits - Is there any limit to the number of rooms I can rent out to lodgers, and are there any planning implications ?</h2> There are several parts of legislation in England and Wales that affect this question. Perhaps four main ones apply: Health &amp; Safety (HHSRS), HMO, Over

Long Term AST

Long Term AST

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Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?</h2> The Assured Shorthold Tenancy is the default tenancy for residential lettings and since October 2010 this applies to rents up to �100,000

Mail for Previous Tenants

Mail for Previous Tenants

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I'm receiving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?</h2> It's fairly common to have mail arriving for months and even years after residents have left,

Misrepresentation

Misrepresentation

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Misrepresentation - We recently rented out our rural cottage to a couple. As they wanted to use their computers I said it was possible to get high-speed broad-band. I thought this would be possible but it seems it is not at this time. The couple are now claiming that I misled them and that

Polystyrene Ceiling Tiles

Polystyrene Ceiling Tiles

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Polystyrene Ceiling Tiles - is it legal to have these tiles in the kitchen of a rental property?</h2> There are currently no regulations specifically banning the use of polystyrene ceiling tiles in existing rented property.However, it is unlikely that local authority fire officers and en

Providing a Reference

Providing a Reference

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Providing a Reference - I have been asked to provide a reference for one of my tenants who is moving on. What is my legal position in this and am I putting myself at risk if I say he was a bad tenant?</h2> Referencing (seeking verification of a tenants past performance) is an increasi

Re-selling Energy

Re-selling Energy

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Re-selling Energy - As a landlord am I able to make a profit by re-selling electricity or gas?</h2>Resale of Gas and ElectricityThe maximum amount that Residential Landlords or resellers� are permitted to charge for gas or electricity is the amount they

Rent Review

Rent Review

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Question - Rent Review - my landlord is asking for far more rent than I expected on review. Am I obliged to pay this?Answer - Commercial leases are contractual - the parties agree to and are bound by its clauses and that includes rent review provisions.The rent review process is a way of periodic

Renting to a 17 year old

Renting to a 17 year old

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What are the implications of renting to a 17 year old or someone who is under the age of 18? We have an application from a 17-year old that is keen to rent but Im not sure this would be legal?</h2> Many landlords and housing providers would be concerned and therefore refuse to let to

Sub-letting Leasehold

Sub-letting Leasehold

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Sub-letting leasehold - I want to rent out my leasehold flat but the managing agent says the freeholder wont allow it. I know that other flats in the block are rented out, so what can I do? Landlords usually prohibit sub-letting to safeguard the interest.Landlords usually prohibit sub-letting

Tenant Blacklist

Tenant Blacklist

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Question: Tenant Blacklists. I've had a very bad experience with a tenant and would like to put him on a black list so that other landlords don't have the same experience that I've had. How do I go about this?Answer: We often get asked this question.Although there have been several attempts by di

Uninhabitable Premises

Uninhabitable Premises

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Uninhabitable Premises. My tenanted property is flooded. What are my legal obligations in this situation? Am I obliged to re-house my tenant? Must my tenant continue to pay rent?Landlords are under a general obligation to supply property in tenant able condition for the tenant to i

What is a Section 26 Notice

What is a Section 26 Notice

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Section 26 Notice - My Commercial (Business Tenancy) Lease Agreement is coming to an end soon and my tenant has served on me a Section 26 Notice. What is this and what should I do?Commercial (Business) Tenancies in England &amp; Wales are regulated by the Landlord &amp; Tenant Act 1954 (Part 2).T

Business Tenancies

Business Tenancies

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What are Business Tenancies ?A tenancy is an "estate in land", granted for a determined period of time (term of years or fixed term - 6 months,1 year, 21 years, 99 years etc) or a specific period (a periodic tenancy - yearly, monthly, weekly, even daily).In return for the "time lim

Common Law Tenancies

Common Law Tenancies

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These are tenancies that fall outside the scope of the Housing Acts (1988, 1996, 2004), including the Regulated Tenancies, Assured Tenancies (AT) and Assured Shorthold Tenancies ASTs.In the case of a common law residential tenancy , the tenant's rights and obligations are ma

Joint or Single Tenancies

Joint or Single Tenancies

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<h1 Joint or Single Shared Tenancies</h1>Shared House (Joint Tenants) or Individual Rooms (Single Tenants)? Where a landlord lets to multiple and usually unrelated tenants there are two main ways of doing this:(1) As a Joint Tenancyng

License Agreement

License Agreement

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Types of Tenure: A tenancy gives the tenant a legal interest in the land and property - in effect, legal ownership for the period of the tenancy. Tenancies can take several forms: <ul <li Rent Act or Regulated Tenancies - pre </li> <li

Renting Business Premises

Renting Business Premises

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Renting or Leasing Commercial Property Renting commercial property usually represents a major part of the operating costs involved in running any business. If you include surveyor's and solicitor's fees, rent, business rates, insurance,

Section 8 Procedure

Section 8 Procedure

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The Possession Procedure - 1988 Housing ActThe possession procedure under Section 8 of the Housing Acts 1988 &amp; 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of

Standing Order

Standing Order

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<h1 Standing Order</h1>What are Bankers' Standing Orders?</h3><ul <li Standing Orders allow landlords to automate the process of collecting rents</li> <li They safeguard tenants in that the landlord cannot change the payment amount, as is the case with direct debit

Uncollected Goods

Uncollected Goods

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Good Left in the Premises or Uncollected GoodsFrequently, tenants leave goods after their tenancy has concluded or when they have abandon the premises during a tenancy. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords.

Bed & Breakfast Business

Bed & Breakfast Business

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Running a Successful Bed &amp; Breakfast Guest HouseRunning a successful Bed &amp; Breakfast Business from the comfort of your own home has many advantages and rewards as far as being self employed is concerned:</

False Statements By Tenants

False Statements By Tenants

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Ending a residential tenancy on the ground of "false statement by the tenant "The Housing Act 1988 as amended by the Housing Act 1996 makes provision for the possession of residential properties let under Assured and Assured Shorthold Tenancies.However

Fire Certificate

Fire Certificate

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What was the Fire Certificate is no longer required as it was previously under the Fire Precautions Act 1971 for hotels, boarding houses, factories, offices, shops and railway premises. All these premises must comply with Fire Regulations, now covered by t

Furnished or Unfurnished

Furnished or Unfurnished

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Letting and residential property fully furnished, part-furnished or unfurnished in England &amp; Wales no longer has any implications regarding security of tenure for the tenant or for taxation. However, Council Tax and the 10% Depreciation Allowance may be affected - you don't pay Council Tax du