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
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
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
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
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
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
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
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
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
It’s a mixed picture in the UK property markets - UK rents fall for first time in five years, house sales rise and commercial recovery property stalls
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
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
Serving Notices: Landlords and agents often get confused as to how they should serve Notices on their tenants.Ordinarily it wouldnt matter what method is used, but if you end up in court with a possession or money claim, or some such court action, then what and how you se
Tenant are Consumers: The UK Consumer Protection law applies to letting agents and landlords alike when they advertise a property to let or create a new tenancy. It also applies to most private landlords when they deal with letting agents, unless they operate as a company.
Obtaining Possession Using Section 21 Notices Updated October 2016This article explains how to gain possession of your residential rental property in the most efficient way possible. You may just want your property back for your own use, or to sell, or you may be having prob
Winter Condensation: Its that time of year again, a time when tenants are most likely to complain about the mould appearing in those corners of the property where the walls and ceilings are really cold, and hot air with moisture always rises to the top. If its black mo
Tax Relief: Starting from 6th April 2017, those landlords with mortgages will have tax relief on their buy-to-let mortgage costs gradually reduce over a 4-year period.Many landlords dont have a mortgage (up to 50% it is said), so this change does not affect them, but many
Rent Arrears: At this time of year, soon after the Christmas spending spree, inevitably rent payments begin to suffer. If you are having problems with rent arrears, this article should help.As in most areas of life,prevention is better than cure . To re
Tax Return 2016-2017: As a general rule, and as outlined in the previous articles in this series on tax returns, landlords can claim the expenses of running and maintaining their rental properties.If the rent you charge includes additional services like water, or council tax
Tax Return 2016-17: With some costs its very easy to decide: a repair to a drain, downspout or roof tile are all allowable expenses, but what about replacing a broken single glazed window with a new plastic frame and double glazing, what about decorating and installing a
Penetrating damp, just as its name implies, is where water leaks into a building from outside the structure, through the walls or roof. Less common is where an internal leak from a water or drain pipe leaks into the structure of the building.Common causes of penetrating damp are: <ul <l
Fire Regulations in Rentals: There are several regulations relating to fire safety within rental dwellings; some affect all dwellings whereas others apply mainly to Houses in Multiple Occupation (HMO).This looks complicated, but fire safety management in reality boils down t
Damp & Mould: You may have seen or heard of the 1970s TV series Rising Damp, which featured a landlord and his tenants (lodgers in this case) which rather implies that all rental properties are troubled with this kind of damp.Far from the case, but some are. In fact the
Renting Standards: Specialist residential property solicitor Amanda Sutcliffe of Bray & Bray looks at the importance of keeping a rental property in good condition.Research conducted by Endsleigh Insurance and TrustMark claimed that over 75% of landlords s
Sub-Letting Licenses: (SOLITAIRE) LIMITED Appellant and CHERRY LILIAN NORTON and other cases [2012]Landlords of leasehold buy-to-let flats are often asked to pay a fee (sub-letting licence or registration fee) to the freeholder when seeking permission to sub-let their flat,
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
