In this in-depth private rented sector legislation special, Eddie and Paul are joined by David Smith, head of property litigation at JMW Solicitors. The discussion kicks off with the recent landmark Rakusen v Jepsen rent repayment order case, where David represented the NRLA and which, he e
Youve made the decision to sell, and beat the market drop and increased costs. But where do you turn? Estate Agents can get you a high price, but theyll take far too long. Auctions can sell super-fast, but you might be compromising on price. <figure id="" class="w-richtext-figure-t
Generation Rent is calling on the government to extend Awaabs Law to the PRS after its survey found 1,106 private rented homes in England with dangerous levels of damp and mould. A Freedom of Information request by the campaign group found that the 65 councils which reported
Eddie Hooker, Chief Executive of insurance company the HFIS Group, has called for action to combat the murky end of the rent-to-rent market. Talking during an video interview with LandlordZONE , Hooker said action was needed to increase transparency w
A tenancy mediator has warned landlords that they or the experts they hire - risk being jailed for contempt of court by not using a regulated solicitor to fill in possession notice claim forms. PRS Mediations Julie Ford (pictured) says that under the L
An 80-year-old disabled woman is being evicted from her home after more than 60 years because her property wont pass tighter new EPC rules, a case which is believed to be the first of its kind. Thoresby Estate which owns Anne Marshs property in Edwin
Increasing the Local Housing Allowance would be the quickest way for the government to improve access to affordable homes, say housing charities. According to analysis by the Institute for Fiscal Studies (IFS), in 37 local authorities, the gap between market rents for three-bedr
The director of a property management firm has been fined more than �25,000 after dangerous electrics were discovered at an HMO in Northampton. West Northamptonshire Council issued a warrant in May 2022 after tenants raised concerns about the property in Lutterwor
Landlords in the North East have complained that a rubber stamped selective licencing scheme is a pure waste of time� and that they are fed up being taxed in this way�. The comments concern Middlesborough councils plans to extend its licencing scheme in the ce
The areas where landlords face the most challenges with deposits have been revealed, with Oxford leading the way.
Land Securities (Landsec), last week reaffirmed its intention to reduce exposure away from office developments towards higher-yielding residential assets
A landlord couple who blamed Lambeth Council’s maladministration of its online application system for their unlicensed HMO have been told to pay £8,748 back to five tenants.
Concerns have been raised in the House of Commons about the impact of new EPC regulations on landlords.
Letting agents have warned that stifling rental home supply in Wales through higher taxes or by landlords passing on costs to tenants could jeopardise the PRS.
Housing and industry groups have warned Scottish First Minister John Swinney against promoting hydrogen boilers to heat homes.
North Herts Council has created a tenants’ charter to set out the rights and responsibilities of tenants, landlords and the council, in a bid to keep private rented homes up to scratch.
Rents are growing at their slowest level for more than three years, but a limited supply of new rental homes will help keep prices high, it has been revealed.
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
I'm receiving mail for previous tenants and some of them are from debt collectors. Will this get my property black listed and cause problems for my current tenants and myself in the future?</h2> It's fairly common to have mail arriving for months and even years after residents have left,
Long Term AST - My prospective tenant has asked for a tenancy term of 6 years. Can I use the usual Assured Shorthold Tenancy agreement for this?</h2> The Assured Shorthold Tenancy is the default tenancy for residential lettings and since October 2010 this applies to rents up to �100,000
Lodgers Limits - Is there any limit to the number of rooms I can rent out to lodgers, and are there any planning implications ?</h2> There are several parts of legislation in England and Wales that affect this question. Perhaps four main ones apply: Health & Safety (HHSRS), HMO, Over
Question: How long should accounts be kept to satisfy the authorities, things like accounting files, invoices and tax records, as a property landlord?Answer: You must keep your records for 6 years after the tax year to which they apply, whether or not you complete a tax return.It's a good idea, a
Expiry of Section 21 Notice - I have served a Section 21 (s21) Notice on my tenant but don't wish to start proceedings immediately. Can I wait without the notice expiring?Once a Section 21 notice has been served correctly it continues indefinitely, until such time as the tenancy is ended, either
Covenant and Covenant Strength - What is a legal covenant and what is the significance of the terms in relation to rental property and lettings ?</h2>The term covenant can have several meanings and has biblical origins but it is of particulalry significance
2 years ago I purchased a company with a 10 year lease from my ex boss, on a 10 year lease, the lease was set up by a solicitor. After 2 years the business is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on t
Good Left in the Premises or Uncollected GoodsFrequently, tenants leave goods after their tenancy has concluded or when they have abandon the premises during a tenancy. Uncollected goods and possessions left or abandoned in premises by tenants can pose a real problem for landlords.
<h1 Standing Order</h1>What are Bankers' Standing Orders?</h3><ul <li Standing Orders allow landlords to automate the process of collecting rents</li> <li They safeguard tenants in that the landlord cannot change the payment amount, as is the case with direct debit
The Possession Procedure - 1988 Housing ActThe possession procedure under Section 8 of the Housing Acts 1988 & 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of
Renting or Leasing Commercial Property Renting commercial property usually represents a major part of the operating costs involved in running any business. If you include surveyor's and solicitor's fees, rent, business rates, insurance,
Types of Tenure: A tenancy gives the tenant a legal interest in the land and property - in effect, legal ownership for the period of the tenancy. Tenancies can take several forms: <ul <li Rent Act or Regulated Tenancies - pre </li> <li
<h1 Joint or Single Shared Tenancies</h1>Shared House (Joint Tenants) or Individual Rooms (Single Tenants)? Where a landlord lets to multiple and usually unrelated tenants there are two main ways of doing this:(1) As a Joint Tenancyng
These are tenancies that fall outside the scope of the Housing Acts (1988, 1996, 2004), including the Regulated Tenancies, Assured Tenancies (AT) and Assured Shorthold Tenancies ASTs.In the case of a common law residential tenancy , the tenant's rights and obligations are ma
What are Business Tenancies ?A tenancy is an "estate in land", granted for a determined period of time (term of years or fixed term - 6 months,1 year, 21 years, 99 years etc) or a specific period (a periodic tenancy - yearly, monthly, weekly, even daily).In return for the "time lim
Landlord's Duty to Ensure Installations are SafeAll Landlords have a common law duty to ensure that gas installations and appliances supplied with their properties are safe. Tenants also have certain legal obligations when it comes to gas safety - see below.I
Landlords' Gas and Electrical Safety Certificates:As a landlord, or as a letting agent acting on the landlord's behalf, you have a legal obligation to ensure that your accommodation is completely safe for your tenants.Several statutory regulations and general common law requirement
Letting and residential property fully furnished, part-furnished or unfurnished in England & Wales no longer has any implications regarding security of tenure for the tenant or for taxation. However, Council Tax and the 10% Depreciation Allowance may be affected - you don't pay Council Tax du
What was the Fire Certificate is no longer required as it was previously under the Fire Precautions Act 1971 for hotels, boarding houses, factories, offices, shops and railway premises. All these premises must comply with Fire Regulations, now covered by t
Ending a residential tenancy on the ground of "false statement by the tenant "The Housing Act 1988 as amended by the Housing Act 1996 makes provision for the possession of residential properties let under Assured and Assured Shorthold Tenancies.However
Running a Successful Bed & Breakfast Guest HouseRunning a successful Bed & Breakfast Business from the comfort of your own home has many advantages and rewards as far as being self employed is concerned:</
Taking in a LodgerIf you're considering taking a lodger there are some important things to think about first. Most of its common sense, but its a good idea plan carefully and get things right.[list type='3'] <ul <li Taking in Lodgers is a good way to earn extr
