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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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Validity of Section 21 Notice: Amak Property Investments v Laura Sonny [2016]This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had not complied with the deposit protection (MyDepo

How to do a rent review - Part 2

How to do a rent review - Part 2

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1.0 Introduction 1.1 - At rent review, the starting point obviously is to read the lease. I say obviously because it never ceases to amaze me just how many landlords and tenants I come across having a go at rent review without bothering to read the lease. Its as

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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Tenant Agreement: The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard

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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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

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RICS warns landlords over 'unqualified' fire assessors' paperwork

RICS warns landlords over 'unqualified' fire assessors' paperwork

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The Royal Institution of Chartered Surveyors (RICS) has urged flat owners to check assessors’ credentials after a fire engineer was sanctioned by the Institution of Fire Engineers for unprofessional conduct.

Council moves to ban 'To Let' boards in central London

Council moves to ban 'To Let' boards in central London

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Letting agents have warned Westminster Council that its plan to ban advertising boards outside landlords' properties borough-wide could cause delays for renters.

Tenants in England now pay half their income in rent

Tenants in England now pay half their income in rent

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Rightmove says the average rent in the UK now eats up 50% of the net income of those living within the private rented sector where the monthly rent per property is now £1,526.

Housing quality in rented sector rising - but so's damp

Housing quality in rented sector rising - but so's damp

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Numbers of non-decent homes and Category 1 hazards in the PRS have fallen in recent years, although problems with damp are on the rise.

Rent controls in Scotland 'favour landlords' says Generation Rent

Rent controls in Scotland 'favour landlords' says Generation Rent

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The Scottish government’s proposed rent control formula is generous to landlords but would leave tenants vulnerable to unaffordable rent rises, says Generation Rent.

Big council urges public to report rogue HMO landlords

Big council urges public to report rogue HMO landlords

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Croydon Council is calling on local residents to report concerns about unauthorised HMOs as it ramps up action against errant landlords.

Landlords 'bewildered and frustrated' by Scotland's latest rent controls

Landlords 'bewildered and frustrated' by Scotland's latest rent controls

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There is still widespread frustration and bewilderment among landlords and agent that rent controls are the only policy intervention to help tackle affordability in Scotland

CLAIM: Investors 'moving out of residential into commercial'

CLAIM: Investors 'moving out of residential into commercial'

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Investors have started buying up shops and offices in London rather than houses in order to turn a profit.

Midlands landlord to pay £20,000 after ignoring improvement notice

Midlands landlord to pay £20,000 after ignoring improvement notice

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A landlord in Telford is to pay a huge fine after his local council took him to court over a substandard property he rented out within the town.

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

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The government appears to have admitted it has concerns about landlords discriminating against the potential influx of Hong Kong residents. Home Office Minister Baroness Williams of Trafford advised landlords to be careful when doing Right to Rent checks on inbound Hong Kong res

YOUR forum questions answered: Early termination fees and invoices

YOUR forum questions answered: Early termination fees and invoices

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The hugely popular LandlordZONE forum is a friendly community where landlords share their experiences, exchange tips and ask for advice. Here we answer a recent question and ask the experts at Hamilton Fraser to give their best answer! The question: <p

REVEALED: Why not all EPCs are created equally

REVEALED: Why not all EPCs are created equally

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Getting a good EPC rating is important for rentals to meet the MEES regulations, and in future even higher ratings will be demanded, but this can be a challenge for some landlords� Since October 2008, rental properties in England and Wales have been required to

How safe are classified sites? Another tenant scammed by fake landlord

How safe are classified sites? Another tenant scammed by fake landlord

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A tenant has been scammed by a Gumtree advertiser who stole more than �2,000, leaving her facing homelessness. Mum-of-four, Shirley Jones, from Coventry, fell for the flat rental scam after answering the advert for a three-bedroom home in Nuneaton that was available to rent on

LATEST: Government's annual housing benefit bill rises to �30 billion

LATEST: Government's annual housing benefit bill rises to �30 billion

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The government is expecting to spend and eye-watering �30 billion on housing benefit for tenants this year, DWP minister Will Quince has told parliament. This figure is �8-10 billion more than the Office for Budget Responsibility https://obr.uk/forecasts-in-depth/tax-

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

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Half of all tenants who want to rent a home with their pet would be prepared to take out specialist insurance to cover their landlord against damage, a leading campaigner has revealed. Jennifer Berezai of AdvoCATS has researched an in-depth report into whether there is an appeti

Six month tenancy notice made permanent in Wales

Six month tenancy notice made permanent in Wales

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Legislation has been passed in Wales that extends the amount of notice landlords must give to their tenants, from the two month s21 period, to six months. The Renting Homes (Amendment) (Wales) Bill means (because notice cannot be served within the initial term) that the minimum

Leading private landlord moves entire portfolio to Ltd company and saves �10 million

Leading private landlord moves entire portfolio to Ltd company and saves �10 million

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One of Britains biggest private landlords is encouraging others to follow his lead by shifting property from their own name into a company structure. In what is thought to be the countrys largest ever mortgage transaction, Alastair Kerr (pictured) has transferred ownership

Regaining possession of a commercial property

Regaining possession of a commercial property

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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

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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

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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

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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

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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

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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

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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

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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="

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