Weve all heard the expression, ignorance of the law is no excuse� and this applies without question in all areas of the law. But in some rare instances it seems the courts and tribunals are open to accepting a defence of what is termed reasonable excuse even when the regulatio
Nottingham benefits landlord Mick Roberts (main picture) has made another bid to sell 40 of his properties by offering to cut the sale price by a tenth if a landlord buyer keeps his existing tenants on. The regular LandlordZONE contributor has previously suggested https
Landlords have been warned to check a propertys potential status if their tenant wants to offer Ukrainian refugees a spare room. Updated guidance on the rules around the Homes for Ukraine scheme outlines that where a private tenant is paying rent for their accommodation, the
The Welsh government has announced a five-and-a-half-month delay to the introduction of its controversial Renting Homes Act which had been due to go live on 15th July this year. Now postponed until 1st December, housing minister Julie James says
Landlords are required to conform to the safety and environmental rules set-out in these regulations so its important you understand the law regarding the building regulations. The rules are in place to ensure that buildings meet a certain standard of safety to protect residents and memb
Landlords in Wales who rent out self-catering accommodation will no longer be able to dodge council tax under new and tighter rules announced by the Welsh government. In its bid to crack down on the impact many holiday lets and second homes are having on communities and the Wels
A staggering 71% of all landlords reported having at least one tenant in arrears due to the pandemic, according to the latest English Private Landlord Survey . Nearly a third (29%) were lucky not to have any, but landlords with one property most commonly ha
Landlords in England have since October 2015 been required to install carbon monoxide alarms in their residential rented accommodation where a solid fuel solid fuel heating appliance was fitted. This would include all open fireplaces that were available to be used, that is where
With rental growth in prime London offices set to outpace the rest of the country, the doom mongers predicting permanent working from home (WFH) and office flight have so far, it seems, been on the wrong tack. Quarter 1, 2022 has seen rent returns rise as UK commercial property
A Liverpool landlord has been hit with a fine of almost £14,000 for allowing tenants to live in a “house of horrors”.
Nearly half of landlords and three quarters of the general public support rent controls, a poll by YouGov on behalf of wealth inequality not-for-profit Common Wealth has revealed.
A Welsh politician has sounded the alarm over new legislation which risks exacerbating the mass exodus of private landlords.
A leading agency has warned that tenants could move into a property without having paid any rent once the Renters’ Rights Bill becomes law.
The next six months will see a huge increase in demand for rental properties, landlords and letting agents have been told.
The directors of a supported housing company who illegally evicted a vulnerable tenant have been handed suspended jail sentences.
The Government is evidently taking decisive steps to ensure swift progress of the Renters’ Rights Bill through the Commons and the Lords, with a view to having the Act implemented before Easter
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
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
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
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
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
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
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
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
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
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
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
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 & Wales.The scam uses an email which imitates one from m
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
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
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,
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
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
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
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
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
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
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 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
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
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
