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Letting agent caught blatantly refusing to return tenant's deposit

Letting agent caught blatantly refusing to return tenant's deposit

News

A letting agent has been found to have blatantly broken the law by refusing to hand back a holding deposit.

Landlords warned they must ensure property ads are accurate

Landlords warned they must ensure property ads are accurate

News

Landlords have been warned that they will have to work much harder with their letting agent to ensure property adverts for their homes to rent include all the ‘material information’.

Up to 50% of southern England landlords looking to sell up

Up to 50% of southern England landlords looking to sell up

News

One in five landlords hit by rising costs are considering selling up, with a stark divide between those with properties in the north and south of the country.

Minister claims rent controls 'are working' for tenants and landlords

Minister claims rent controls 'are working' for tenants and landlords

News

Scotland’s housing minister has defended the country’s policy of rent and eviction controls despite new figures showing rents continuing to rise.

Landlord couple to face jail following HMO tenant's fire death

Landlord couple to face jail following HMO tenant's fire death

News

A landlord couple could face jail after admitting a string of offences which led to the death of one of their tenants in a fire.

Social housing ombudsman to deal with private landlords too, says Minister

Social housing ombudsman to deal with private landlords too, says Minister

News

Disputes between landlords and their tenants will soon be handled by the social housing ombudsman, it has been confirmed by Government minister Jacob Young.

Tenant abandonment - what is it?

Tenant abandonment - what is it?

Information

What is Abandonment? Abandonment is when a tenant leaves the property (usually without notifying the landlord or agent) before the tenancy has ended.

Double council tax aims to get owners letting properties

Double council tax aims to get owners letting properties

News

Argyll and Bute councillors have approved a plan to charge a double council tax on second homes.

London council bids to continue clampdown on small HMOs

London council bids to continue clampdown on small HMOs

News

Haringey Council has urged landlords to share their views on plans for a new additional licensing scheme in the borough.

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Expert sounds alarm over rent arrears court decision

Expert sounds alarm over rent arrears court decision

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An expert has warned that a court's decision to allow tenants to challenge landlord-requested rental arrears deductions from their UC payments will see more landlords shun tenants in receipt of benefits.

Big East of England town rushes in anti-HMO rules

Big East of England town rushes in anti-HMO rules

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Fenland Council has introduced an immediate Article 4 Direction before its consultation in a bid to clamp down on burgeoning HMOs in Wisbech.

Northern council heralds landlord fines of £1.38 million... so far!

Northern council heralds landlord fines of £1.38 million... so far!

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Landlords in County Durham have had to fork out fines totalling £1.38 million in the three years since selective licensing was introduced.

Dozens of new amendments proposed for Renters' Right Bill

Dozens of new amendments proposed for Renters' Right Bill

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Peers have tabled amendments to the Renters’ Rights Bill which, if approved, would shape the legislation into a version of the previous Renters’ Reform Bill.

'Chancellor must boost rental homes supply or risk economy'

'Chancellor must boost rental homes supply or risk economy'

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News
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Chancellor Rachel Reeves has been warned that unless more rental properties are built her recent promise to ‘attract the best talent to the UK’ and boost economic growth will fall flat.

Build-to-rent giant celebrates as landlords exit student sector

Build-to-rent giant celebrates as landlords exit student sector

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Private HMO landlords leaving the sector have created a shortage of student housing, according to Unite Students, which boasts that it can help fill the gap with purpose-built student accommodation.

Labour rejects new calls for rent controls

Labour rejects new calls for rent controls

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The government has repeated its rejection of “heavy handed” rent controls despite pressure from peers in the House of Lords.

Northern city to clamp down on 'too many' HMOs

Northern city to clamp down on 'too many' HMOs

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Preston Council has proposed new powers to reject HMO applications amid fears that the city is already being over-run by shared homes.

Landlords offered significantly discounted carpets in Scotland

Landlords offered significantly discounted carpets in Scotland

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Landlords in Scotland who are members of the country’s landlord association are to get discounted carpets when refitting their rented properties,

Rising Damp - how to deal with it

Rising Damp - how to deal with it

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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

How Much Should Landlords Spend on Renovating?

How Much Should Landlords Spend on Renovating?

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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 fees should not be more than 40

Sub-letting fees should not be more than 40

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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,

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

Tenant's Liability to Pay Council Tax

Tenant's Liability to Pay Council Tax

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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

Tenant's Notice-to-Quit ' Periodic Tenancies

Tenant's Notice-to-Quit ' Periodic Tenancies

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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

mydeposits Issues Deposit Scam Warning

mydeposits Issues Deposit Scam Warning

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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

Landlords and Agents Reminded about Burst Pipes

Landlords and Agents Reminded about Burst Pipes

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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

Rent-free period

Rent-free period

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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

Safety Standards for Blinds and Curtains

Safety Standards for Blinds and Curtains

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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,

Repair Reporting Issues and Section 21

Repair Reporting Issues and Section 21

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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

Assessing Covenant Strength

Assessing Covenant Strength

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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

Holding or Pre-Contract Deposits

Holding or Pre-Contract Deposits

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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

Tenancy Deposit Documentation

Tenancy Deposit Documentation

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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

ITZA revisited

ITZA revisited

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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

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

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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

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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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