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How to deal with a personal guarantee in buy-to-let mortgage applications

How to deal with a personal guarantee in buy-to-let mortgage applications

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Landlords are coming under increasing financial pressure given as reports of a 41% increase [i] in buy-to-let mortgage arrears and a 7% growth [ii] in buy-to-let mortgaged properties taken into possession have emerged.

Scotland consults on radical plans for rent controls, pets and evictions

Scotland consults on radical plans for rent controls, pets and evictions

News

Landlords in Scotland can have their say on radical PRS reforms that would bring in rent controls, delay evictions and allow tenants to have pets.

Labour’s planned inheritance tax raid on businesses

Labour’s planned inheritance tax raid on businesses

News

Labour is planning a “devastating” multi-billion pound inheritance tax raid, which could affect family businesses and in particular farming families.

Gove promises Renters (Reform) Bill progress 'before Christmas'

Gove promises Renters (Reform) Bill progress 'before Christmas'

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Michael Gove has confirmed that the Renters (Reform) Bill is to get its second reading within the next three months, scotching hopes among some landlords that the legislation might have been kicked into the long grass.

Official and updated ‘How to Rent’ guide published

Official and updated ‘How to Rent’ guide published

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The government has published its latest and legally required How to Rent guide with details on the new Housing Loss Prevention Service.

TV star says pay-as-you-go energy tenants must be urged to fit smart meters

TV star says pay-as-you-go energy tenants must be urged to fit smart meters

News

TV star Paul Shamplina has called on landlords to urge tenants using pay-as-you-go (PAYG) energy services to fit smart meters.

'Landlords aren’t abandoning buy-to-let'

'Landlords aren’t abandoning buy-to-let'

News

High interest rates not forcing landlords to leave the private rented sector as some have claimed says Tom Entwistle

LibDems reveal landlord crackdown in 'manifesto'

LibDems reveal landlord crackdown in 'manifesto'

News

The Liberal Democrats have vowed to address the power imbalance between tenants and landlords by introducing national licensing and standards, longer tenancies, rent smoothing and empowered councils.

Tenant bags £5,000 after reporting landlord' failures

Tenant bags £5,000 after reporting landlord' failures

News

An elderly landlord’s long-standing failure to carry out roof repairs has resulted in a £5,000 win for his long-standing tenant.

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RICS warns landlords over 'unqualified' fire assessors' paperwork

RICS warns landlords over 'unqualified' fire assessors' paperwork

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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.

Council moves to ban 'To Let' boards in central London

Council moves to ban 'To Let' boards in central London

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Letting agents have warned Westminster Council that its plan to ban advertising boards outside landlords' properties borough-wide could cause delays for renters.

Tenants in England now pay half their income in rent

Tenants in England now pay half their income in rent

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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.

Housing quality in rented sector rising - but so's damp

Housing quality in rented sector rising - but so's damp

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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.

Rent controls in Scotland 'favour landlords' says Generation Rent

Rent controls in Scotland 'favour landlords' says Generation Rent

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The Scottish government’s proposed rent control formula is generous to landlords but would leave tenants vulnerable to unaffordable rent rises, says Generation Rent.

Big council urges public to report rogue HMO landlords

Big council urges public to report rogue HMO landlords

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Croydon Council is calling on local residents to report concerns about unauthorised HMOs as it ramps up action against errant landlords.

Landlords 'bewildered and frustrated' by Scotland's latest rent controls

Landlords 'bewildered and frustrated' by Scotland's latest rent controls

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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

CLAIM: Investors 'moving out of residential into commercial'

CLAIM: Investors 'moving out of residential into commercial'

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News
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Investors have started buying up shops and offices in London rather than houses in order to turn a profit.

Midlands landlord to pay £20,000 after ignoring improvement notice

Midlands landlord to pay £20,000 after ignoring improvement notice

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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.

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