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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

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'Terrified' landlady tells parliament about her rent reform fears

'Terrified' landlady tells parliament about her rent reform fears

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A “terrified” landlord has urged the government to reconsider large parts of the Renters’ Rights Bill

Wales now has 1,107 fewer landlords, official data reveals

Wales now has 1,107 fewer landlords, official data reveals

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The Welsh private rental sector has lost a worrying 1,107 landlords in the last five years, coinciding with tougher rules around evictions and new tenancy agreements.

Huge landlord gathering revealed in London next month

Huge landlord gathering revealed in London next month

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One of the largest gatherings of landlords under one roof is due to take place on 19th March in London.

Kent landlord to pay £30k fine over unlicenced house

Kent landlord to pay £30k fine over unlicenced house

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After pursuing a £30,000 fine against one landord, his local council has vowed to go for other non-complilant BTL operators.

ADVICE: What to consider before expanding your portfolio

ADVICE: What to consider before expanding your portfolio

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Our experts help landlords looking to expand to plan ahead on several fronts including legislation, financing, tax, insurance and the fast-changing rental market.

Landlords urged to document property inspections after eviction failure

Landlords urged to document property inspections after eviction failure

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Landlords have been urged to make sure they document inspections after a tenant managed to avoid eviction by blaming the lack of a recorded carbon monoxide detector.

Should landlords worry about EPC deadline? No, says leading expert

Should landlords worry about EPC deadline? No, says leading expert

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Rising EPC scores suggest that achieving a C rating by 2030 shouldn’t be such a cause for concern, according to landlord energy efficiency platform epIMS.

Exiting tenants' average rent debt jumps by 46%

Exiting tenants' average rent debt jumps by 46%

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Rent arrears jumped by 44% to an average of £2,597 during the final three months of 2024, latest year-on-year figures reveal, while on a quarterly basis they increase by 26%.

Fed up with the hassle of selling, dealing with certifications, and tenant evictions? We've got the perfect solution!

Fed up with the hassle of selling, dealing with certifications, and tenant evictions? We've got the perfect solution!

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Landlords know the score – it’s tough out there and hordes of Landlords are rushing to sell before Section 21 is abolished.

Norwich landlords fume over missing rental payments

Norwich landlords fume over missing rental payments

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Landlords in Norwich are chasing thousands of pounds in rent payments from a letting agency which appears to have gone under.

Tenant demo in London calls for rent controls

Tenant demo in London calls for rent controls

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Hundreds of tenants have staged a protest in central London calling for the government to introduce rent controls.

Major national park moves to restrict holiday lets

Major national park moves to restrict holiday lets

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One of the UK’s larger national parks is planning to stop any new homes that are built within it being used as holiday/short lets or second homes.

Legal Matters: Serving notices, don’t fall foul of the law

Legal Matters: Serving notices, don’t fall foul of the law

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A crucial task for landlords and agents is to correctly serve statutory notices and other documents

What should the new rental contracts be called? Have your say!

What should the new rental contracts be called? Have your say!

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Property experts are pondering what the government might name new tenancies created by the Renters’ Rights Bill.

Council takes unusual approach to signing off HMOs

Council takes unusual approach to signing off HMOs

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A district council has come up with a set of exceptional circumstances to help decide when to give the go-ahead to new HMOs.

Student landlord lands £2.3 million refinancing deal

Student landlord lands £2.3 million refinancing deal

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A landlord in Liverpool has secured £2.3 million to refinance eight student HMOs within the city and unusually has gone public about the deal.

Letting agent slams police over 'lack of justice'

Letting agent slams police over 'lack of justice'

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A letting agent has criticised police who failed to act when vandals threw a brick through one of his tenant’s windows.

Landlords, Fed Up with the Labour Government? Sell your Portfolio NOW

Landlords, Fed Up with the Labour Government? Sell your Portfolio NOW

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The never-ending onslaught of landlords, including the abolition of Section 21, tough EPC rules, and changes to stamp duty, have left landlords fed up and thinking of throwing in the towel.

Energy firms called out over HMO tenant utility bill problems

Energy firms called out over HMO tenant utility bill problems

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A tenants’ champion has slammed energy companies for failing to help renters with energy bill problems at HMOs.

Landlords fume after letting agency shuts down owing money

Landlords fume after letting agency shuts down owing money

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Northwood letting agency in Romford has gone bust, leaving angry landlords out of pocket.

Most labour-voting landlords now regret their decision

Most labour-voting landlords now regret their decision

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Most landlords who voted Labour wouldn’t do it again, a new survey from buy-to-lender Landbay has found.

RICS reports first dip in tenant demand since 2020

RICS reports first dip in tenant demand since 2020

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Surveyors are the latest group to report a cooling rental market in the UK, with a slowing in demand among tenants for the first time since 2020.

Big town in south reveals plans for more HMO licencing

Big town in south reveals plans for more HMO licencing

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Reading Council has given the go-ahead for an additional licensing scheme in the town – and defended the rising costs set to hit landlords.

Campaigners urge MPs to back more severe renting reforms

Campaigners urge MPs to back more severe renting reforms

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Generation Rent has urged renters to get more MPs backing amendments to the Renters’ Rights Bill.

LATEST: Rental market cooling as landlord 'sell off' eases

LATEST: Rental market cooling as landlord 'sell off' eases

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Rental growth in the UK has dropped to 3.9%, its lowest level in more than three years and down from 9.1% a year ago.

Demand for accessible homes grows as renting population ages

Demand for accessible homes grows as renting population ages

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Demand for accessible homes is growing as the tenant population ages, a leading estate agency has reported, calling on Labour to help landlords finance upgrades.

COMMENT: Tax trap has landlords in a quandary

COMMENT: Tax trap has landlords in a quandary

Opinion
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With substantial capital gains gathered within your properties, selling the whole portfolio will probably leave you exposed to a substantial capital gains tax bill

Welsh Government reveals 'baffling' stamp duty rise for landlords

Welsh Government reveals 'baffling' stamp duty rise for landlords

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The Welsh Government has followed its counterparts in England and Scotland and raised the stamp duty that landlords buying rental properties must pay, effective from tomorrow.

Renting reforms will be 'costly ride' for landlords warns expert

Renting reforms will be 'costly ride' for landlords warns expert

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Landlords may need to prepare for a turbulent and potentially very costly ride once the Renters’ Rights Bill becomes law, a financial expert has warned.

Judge orders landlord to pay back tenants £44,000

Judge orders landlord to pay back tenants £44,000

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A landlord has been ordered to pay six tenants a whopping £44,358 after failing to provide an excuse for operating an unlicensed HMO.

People over 55 years old are 'fastest-growing tenant group'

People over 55 years old are 'fastest-growing tenant group'

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Tenants heading for retirement age are the fastest growing group privately renting in England, according to new figures.

Campaigners target landlord's workplace over leaky flat

Campaigners target landlord's workplace over leaky flat

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Tenant group Acorn has protested outside a landlord’s shop after he refused to return a former tenant’s deposit in a dispute over a leak.

City council slammed for 'double standards' over HMO licensing

City council slammed for 'double standards' over HMO licensing

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Edinburgh Council has responded to accusations of double standards when housing homeless people in 30 unlicensed HMOs by moving tenants out of the properties.

Northern town popular with investors to clamp down on HMOs

Northern town popular with investors to clamp down on HMOs

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Hyndburn Council wants to deter landlords from making the most of its cheap properties and ‘multiple deprivation’ by clamping down on HMO conversions.