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
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.
Letting agents have warned Westminster Council that its plan to ban advertising boards outside landlords' properties borough-wide could cause delays for renters.
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.
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.
The Scottish government’s proposed rent control formula is generous to landlords but would leave tenants vulnerable to unaffordable rent rises, says Generation Rent.
Croydon Council is calling on local residents to report concerns about unauthorised HMOs as it ramps up action against errant landlords.
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
Investors have started buying up shops and offices in London rather than houses in order to turn a profit.
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.
Private Rented Sector Consultant a private rented sector consultant at letting focus and tenants renting guide David Lawrenson
Article 4 direction : Birmingham CityCouncil is introducing a city-wide direction for houses in multipleoccupation (HMOs) from 8 June 2020. An Article 4planning direction means that planning approval will be required forthe conversion of a famil
Capital Gains Tax: Owners of second homes and buy-to-lets that they have previously lived in should be aware that as from April 2020 the tax relief period allowed against capital against tax (CGT) will be reduced. As it is a present,when you se
Letting Agent Contracts: One common question asked by landlords is, "how do I terminate my relationship with my letting agent?"For one reason or another, landlords sometimes wish to end their relationship with their letting agent and want to know how to go about it.Requests
General Election: Part of Laboursbid to be elected on 12th December is a raft of taxraising measures aimed at buy-to-let landlords and second homeowners. Jeremy CorbynsLabour party manifesto launch last week outlined a n
Condensation andmould : This time of year,as the temperature drops, both new homes and old homes aresusceptible to the formation of condensation and unsightly mould: newhomes because they are effectively a sealed box, and old homesbecause they often lack ef
The colder weather is here again, its that time of year coming; you feel that cold chill in the air, the snow and ice will soon arrive, and you know its time to get out that winter coat, scarf and gloves.You also know that cold wet weather on the way will test your rental properties and tenant
Portfolio Landlords: Buy to let lender Paragons recent research shows that professionaland larger-scale landlords are still investing and are increasing the size oftheir portfolios through more targeted investments. With an average portfolio
New rules that came into force in March allow https://www.independent.co.uk/news/business/news/landlords-sue-cold-damp-homes-law-tenants-renting-housing-a8776671.html" tenants to sue landlords for issues like cold and damp. A broken heating system or poor ventilation that
Commercial Property : A recent High Court decision in Co-Operative Group Food Ltdv. A&A Shah Properties Ltd (2019) relates to an authorised guaranteeagreement (AGA) dispute, in this case an agreement involving a guarantor of theoutgoing tenant. <p id
The Government has announced its intention to scrap Section 21 notices for eviction in an effort to offer tenants more long-term security.
Commercial: A new set of mandatory rules introduced from 1stApril 2019 and though the document itself is titled a first edition, itsupersedes 3 previous editions published as codes of practice. The RICS (Royal Institution of Ch
Security: Renovating a buy-to-let property can be a great way for landlords to increase the rental income
Abandonment: When times get hard the instances of tenants leaving without notice are known to increase. Doing a runner�, skipping� moonlight flitting� walking away� or gone away� and in the words of the immortal song;
Tenancy Deposits: According to TDS (Tenancy Deposit Scheme) less than 1% (0.85%) of tenancies they handle have resulted in a deposit dispute in the year to March 2018, nevertheless its important to get it right when dealing with tenants' deposits.Cleaning was the most com
Viewpoint by Tom Entwistle As winter approaches outside temperatures drop and the perennial landlords problem of winter condensation and black mould rear their ugly heads again.The question is, how do you know if this is caused by the building or the tenant, or is it a co
Landlords' Tax: Internet sites, such as AirBnB, have increased the number of landlords letting to lodgers and to guests on short stays. There are specific tax benefits to this type of letting business which are expanded upon below.Furnished holiday letting</st
Section 21: Most tenancies will never require the service of a Section 21, Housing Act 1988, (eviction) notice. However, on those occasions when it does become necessary, and you just never know, landlords (and agents) will thank their lucky starts they complied with the rul
Asbestos:Asbestos regulations were last updated in 2012 , bringing the UK in line with EU regulations, which means the current regulations have been in place long enough for most
The Application Form You should always use a comprehensive Tenancy Application Form when taking on a new tenant. You need a completed application for each adult tenant in the property.The Tenancy application form is a very important starting point for any residential or comm
End of an AST: Questions: What happens when an Assured Shorthold Tenancy (AST) comes to an end? Will the tenant have to leave or does she need to sign a new agreement? What if a tenant wants to leave early? How long can a periodic tenancy last?When the fixed term (minimum of
Landlords often buy flats which are either Leasehold or Shared Freehold. What are these tenures and what should landlords look out for in these different forms of ownership?Leasehold is one of three forms of tenure (property/land ownership) almost exclusively peculiar to the United Kingdom, thoug
Landlord's Access to Property: Many landlords will have experienced a tenant denying them access to a property - whether for an inspection, viewings or legal duties. Its easy to understand the view of Its my property, I can enter when I want, but unfortunately th
New Rules for Section 21 :Landlords and Agents need to be aware of the changes affecting Section 21 rules and Notices and other changes for the letting of residential properties in England (and in many cases Wales) introduced during 2015 . This article explains the new rules
Many landlords have long suspected that the DCLG approved national calculation methodologies and software programs were seriously flawed when they produced EPC ratings for buildings following energy assessments.So news that new software is being introduced which is claimed to be more accurate is
