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Legal case '� can there be a reasonable excuse for not licensing an HMO?

Legal case '� can there be a reasonable excuse for not licensing an HMO?

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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

Landlord says protecting tenants during portfolio sale will cost him �500,000

Landlord says protecting tenants during portfolio sale will cost him �500,000

News

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

LATEST: Guidance issued for landlords with tenants hoping to take in Ukrainian refugees

LATEST: Guidance issued for landlords with tenants hoping to take in Ukrainian refugees

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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

BREAKING: Wales delays introduction of controversial Renting Homes Act

BREAKING: Wales delays introduction of controversial Renting Homes Act

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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

Latest changes to Part L of the Building Regulations

Latest changes to Part L of the Building Regulations

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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

Welsh government clamps down on holiday let landlords with tougher council tax rules

Welsh government clamps down on holiday let landlords with tougher council tax rules

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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

REVEALED: Shocking but true data behind landlord rent arrears and evictions

REVEALED: Shocking but true data behind landlord rent arrears and evictions

News

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

Amended rules for landlords on fitting carbon monoxide alarms

Amended rules for landlords on fitting carbon monoxide alarms

News

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

Office market weathering the storm better than expected

Office market weathering the storm better than expected

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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

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Property firm and landlord fined £14,000 over 'slum conditions' at house

Property firm and landlord fined £14,000 over 'slum conditions' at house

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A Liverpool landlord has been hit with a fine of almost £14,000 for allowing tenants to live in a “house of horrors”.

POLL: 44% of landlords support most extreme form of rent control

POLL: 44% of landlords support most extreme form of rent control

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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.

Welsh MS says reforms will push too many landlords out of rental market

Welsh MS says reforms will push too many landlords out of rental market

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A Welsh politician has sounded the alarm over new legislation which risks exacerbating the mass exodus of private landlords.

Agent warns renting reforms will throw tenancy starts into disarray

Agent warns renting reforms will throw tenancy starts into disarray

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A leading agency has warned that tenants could move into a property without having paid any rent once the Renters’ Rights Bill becomes law.

60% of tenants preparing to move home before end of July

60% of tenants preparing to move home before end of July

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The next six months will see a huge increase in demand for rental properties, landlords and letting agents have been told.

'Wicked' directors given suspended sentences over illegal eviction

'Wicked' directors given suspended sentences over illegal eviction

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The directors of a supported housing company who illegally evicted a vulnerable tenant have been handed suspended jail sentences.

Comment: Renters’ Rights legislation in place before Easter?

Comment: Renters’ Rights legislation in place before Easter?

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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

Landlords win legal battle to protect postal rights

Landlords win legal battle to protect postal rights

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A landlord couple have won their legal case against a tenant who claimed her section 21 notice was invalid.

Government promises EPC study is imminent

Government promises EPC study is imminent

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The government looks set to launch its overdue consultation into new energy efficiency standards in the PRS during the next few weeks.

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

Who Pays for Maintenance and Repairs

Who Pays for Maintenance and Repairs

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Who pays for maintenance and repairs in a residential letting, landlord or tenant?Is it, for example, a tenants responsibility once they occupy my building to look after most of the regular house maintenance items? If the fridge stops working does the tenant or the landlord need to repair it?Y

Inflation (RPI) and Rent

Inflation (RPI) and Rent

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With commercial property, rent reviews are generally to the open market rent, but sometimes the rent would be adjusted to the Retail Price Index (RPI). RPI is generally considered more favourable to landlords than CPI or other methodologies.There is no link between open market rent and inflatio

Commercial Property Insurance - part 1

Commercial Property Insurance - part 1

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Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium. Unlike residential property where the landlord has a vested interest in making sure the premium is competitive, because more than likely the premium would not be recoverable from the tenan

Can Landlords Discriminate when Selecting Tenants?

Can Landlords Discriminate when Selecting Tenants?

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Theres recently been a spate of press reports and political wrangling about the existence of Zero-Hour Contracts. This has become something of a hot political issue as we approach a general election, and one surprising development is recent attempts to embroil landlords in the issue, as if the

User Clauses - in Commercial (Business) Leases

User Clauses - in Commercial (Business) Leases

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Traditionally, with commercial (business) leases, a contractual provision within the lease specifies the use, or uses to which a property may be put and the uses which are prohibited.The formal classification of Uses� are set out in the Town and Country Planning (Use Classes) Order 1987 as a

Rent Increases with Assured Shorthold Tenancies

Rent Increases with Assured Shorthold Tenancies

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As most Assured Shorthold Tenancies (AST) are by definition, short, there is usually no need for landlords to get involved in processing a rent increase.However, some ASTs run for long periods after the fixed term has ended, i.e., when the tenancy becomes a statutory periodic tenancy, hence there

Guarantor or Rent Deposit

Guarantor or Rent Deposit

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The ideal for any landlord is for the tenant to have a guarantor and provide a rent deposit. But which is better when the landlord has to choose?The starting point is the status of the tenant. With a tenant that is one person (an individual) the likelihood of that person being of independent fina

Checking Tenants In and Out

Checking Tenants In and Out

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When you rent out a property two vital stages in the process are when you check-in your tenants at the start of the tenancy and check-out at the end.Preparation is the key to a trouble free let. When you prepare properly you are carrying out management processes so that nothing is left to chance

s.25 and s.26 notices - the landlord's perspective

s.25 and s.26 notices - the landlord's perspective

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Elsewhere on LandlordZONE (at https://www.landlordzone.co.uk/information/what-is-a-section-25-notice" https://www.landlordzone.co.uk/information/what-is-a-section-25-notice and https://www.landlordzone.co.uk/information/what-is-a-section-26-notice-2 ) you can find out about sec

"Upward-only" rent review

"Upward-only" rent review

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Contrary to popular belief, 'upward-only' rent review does not mean the rent must increase.An 'upward-only' review means that the rent payable after the review to open market rental is agreed or ascertained would not be less than the rent payable before the rent review, even if the open market re

The Dangers with Section 8 Possession Claims

The Dangers with Section 8 Possession Claims

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There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents.There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative - s

What is a Section 25 Notice

What is a Section 25 Notice

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What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.Commercial (Business) Tenancies in England & Wales are regulated by the Landlord & Tenant Act 1954 (Part 2).This means that when the fixed term ends (end of lease) the b

What is a Section 48 Notice?

What is a Section 48 Notice?

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Section 48 of the Landlord and Tenant Act 1987 states that landlords of residential tenancies in England and Wales must furnish their tenants with an address in England & Wales at which notices can be served. Failure to do so will mean that any claim for rent, rent arrears or service charges

Fixed-Term or Periodic Tenancy?

Fixed-Term or Periodic Tenancy?

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Should landlord insist on renewing fixed term tenancies or allow them to lapse into periodic tenancies?In essence a tenancy is the right to possess and occupy land belonging to another. A tenancy gives the occupier a legal interest in the land for a defined period of time.A relationship of landlo

What is a Section 213 Notice?

What is a Section 213 Notice?

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A section 213 notice is a prescribed form notice which must be served on your tenant, or another person, if they provided a deposit for a rental.If you have taken a deposit for an Assured Shorthold Tenancy (AST) in England & Wales (the rules in Scotland & Northern Ireland are similar but

A Check List for Serving a Valid Section 21 Notice

A Check List for Serving a Valid Section 21 Notice

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This is a handy check list for use to help you ensure you are serving a valid section 21 notice. Section 21 of the Housing Act 1988 (as amended 1996 & 2004) provides a means of re-gaining possession of a residential property in England & Wales. Other UK jurisdictions are similar but there

Tenant's Notice to Quit

Tenant's Notice to Quit

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How can a tenant end a residential tenancy and stay within the law - usually with a Tenant's Notice to Quit?In practice most residential tenancies in England and Wales end (over 90 per cent of them) with tenants giving their landlord notice. These guidelines are based on English law and are not a

Agricultural Tenancies

Agricultural Tenancies

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Farm and Land Tenancies Approximately one-third of all agricultural land in England and Wales is covered by agricultural tenancies. Tenancies allow people to farm without being landowners. As agricultural land is expensive, and the acreage now needed to make a viable operati

How Can I Sell My Rental Property?

How Can I Sell My Rental Property?

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Landlords sometimes face a dilemma when they want to sell a rental property, or even a portfolio of their rental properties. Sometimes landlords have no choice but to sell as they are being forced to sell for financial reasons.Residential properties, unlike their commercial counterparts, always s