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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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Property firm and landlord fined £14,000 over 'slum conditions' at house

Property firm and landlord fined £14,000 over 'slum conditions' at house

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A Liverpool landlord has been hit with a fine of almost £14,000 for allowing tenants to live in a “house of horrors”.

POLL: 44% of landlords support most extreme form of rent control

POLL: 44% of landlords support most extreme form of rent control

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Nearly half of landlords and three quarters of the general public support rent controls, a poll by YouGov on behalf of wealth inequality not-for-profit Common Wealth has revealed.

Welsh MS says reforms will push too many landlords out of rental market

Welsh MS says reforms will push too many landlords out of rental market

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A Welsh politician has sounded the alarm over new legislation which risks exacerbating the mass exodus of private landlords.

Agent warns renting reforms will throw tenancy starts into disarray

Agent warns renting reforms will throw tenancy starts into disarray

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A leading agency has warned that tenants could move into a property without having paid any rent once the Renters’ Rights Bill becomes law.

60% of tenants preparing to move home before end of July

60% of tenants preparing to move home before end of July

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The next six months will see a huge increase in demand for rental properties, landlords and letting agents have been told.

'Wicked' directors given suspended sentences over illegal eviction

'Wicked' directors given suspended sentences over illegal eviction

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The directors of a supported housing company who illegally evicted a vulnerable tenant have been handed suspended jail sentences.

Comment: Renters’ Rights legislation in place before Easter?

Comment: Renters’ Rights legislation in place before Easter?

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The Government is evidently taking decisive steps to ensure swift progress of the Renters’ Rights Bill through the Commons and the Lords, with a view to having the Act implemented before Easter

Landlords win legal battle to protect postal rights

Landlords win legal battle to protect postal rights

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A landlord couple have won their legal case against a tenant who claimed her section 21 notice was invalid.

Government promises EPC study is imminent

Government promises EPC study is imminent

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The government looks set to launch its overdue consultation into new energy efficiency standards in the PRS during the next few weeks.

Landlords urged to check properties regularly for cannabis farms following two deaths

Landlords urged to check properties regularly for cannabis farms following two deaths

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Landlords in Northumbria have been urged to check their properties regularly for cannabis farms following two deaths as the result of a dangerous drug lab.

Average house price drops £1,575 in March, reveals Halifax data

Average house price drops £1,575 in March, reveals Halifax data

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The average house price of a home in Britain fell 0.5%in March -a drop of £1,575 - putting the average property price at £296,699.

Tax changes stem flow of foreign BTL investors

Tax changes stem flow of foreign BTL investors

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Tax changes have stemmed the flow of overseas house hunters seeking a buy-to-let property or second home in the last five years.

LEGAL landmark case: serving notices on your tenants – get it right first time

LEGAL landmark case: serving notices on your tenants – get it right first time

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Denial of receipt of notices is a recurring theme on the landlord-tenant landscape. This landmark case clarifies matters.

Landlords swarm as the Renters Rights Bill sends shock waves through the property market

Landlords swarm as the Renters Rights Bill sends shock waves through the property market

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Landlords packed the National Landlord Investment Show in London, sounding the alarm over the game-changing Renters Rights Bill. With no-fault evictions on the chopping block, experts warn that the bill could cripple landlords with skyrocketing legal costs and a loss of control over their properties

Trickle vents can be one of the best ways to combat damp and mould in rental properties

Trickle vents can be one of the best ways to combat damp and mould in rental properties

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Trickle vents can be one of the best ways to combat damp and mould, according to one architect who explains why houses are getting damper, ahead of Awaab’s Law.

Labour MP reiterates calls for a short-lets registration scheme

Labour MP reiterates calls for a short-lets registration scheme

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A Labour MP has reiterated calls in the House of Commons this week for a short-lets registration scheme.

Tenants want speedier repairs rather than more regulation, reveals new LRG survey

Tenants want speedier repairs rather than more regulation, reveals new LRG survey

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More communication and speedier repairs would improve the relationship between tenants and landlords rather than more regulation, a new industry survey has revealed.

Number of rental homes stuck at same level for nine years - but the type of landlord has changed

Number of rental homes stuck at same level for nine years - but the type of landlord has changed

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Number of rental homes stuck at same level for nine years - but the type of landlord has changed

Landlords must be given time to adjust to Renter’s Rights Bill

Landlords must be given time to adjust to Renter’s Rights Bill

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The National Residential Landlords Association (NRLA) has predicted “confusion and chaos” unless the Government gives landlords sufficient time to adjust to new reforms.

Rent increase restrictions lead to sharp rise in tenants challenging rent hikes

Rent increase restrictions lead to sharp rise in tenants challenging rent hikes

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Temporary restrictions on rent increases in the Scottish private rented sector have led to a more than eightfold increase in renters challenging rent hikes.

Landlords in Northern Ireland face huge fines if they fail to comply with new electricity laws

Landlords in Northern Ireland face huge fines if they fail to comply with new electricity laws

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Landlords in Northern Ireland face large fines if they don’t comply with electrical safety rules introduced this week.

COMMENT: Spring Statement 2025 – how will it affect the property sector?

COMMENT: Spring Statement 2025 – how will it affect the property sector?

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Tom Entwistle reflects on the Spring Statement which he says was not so much an emergency budget, more an update on the state of the economy with a few tweaks.

Boost in BTL data reflects activity of larger wealthier landlords

Boost in BTL data reflects activity of larger wealthier landlords

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Financial experts have greeted resurgent buy-to-let market data with caution, suggesting that larger wealthier landlords are simply taking a bigger share of the sector.

Average rents in England rise for the third month in a row to £1,213 in March

Average rents in England rise for the third month in a row to £1,213 in March

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The average price of a rental property in England rose for the third month in a row to £1,213 in March, it has been revealed.

Desirable London properties at historic discounts, suggests Savills

Desirable London properties at historic discounts, suggests Savills

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Investors can snap up prime central London properties at historic discounts equivalent to those seen in the early 1990s, according to new research by Savills.

Half of private renters don’t have contents insurance or don’t know what it is, claims Monzo

Half of private renters don’t have contents insurance or don’t know what it is, claims Monzo

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Half of private renters either don’t have contents insurance or don’t know what it is, leaving them financially vulnerable to theft, damage, or loss.

Only 2.5% of rented homes in England are affordable for those on housing benefit, Crisis reveals

Only 2.5% of rented homes in England are affordable for those on housing benefit, Crisis reveals

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Only 2.5% of private rented properties listed in England were affordable for people on housing benefit between April and October last year according to Crisis, down from 12% in 2021 to 22.

Billionaire landlord ordered to repay tenants £263,555 for operating two buildings as unlicensed HMOs

Billionaire landlord ordered to repay tenants £263,555 for operating two buildings as unlicensed HMOs

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A billionaire landlord has been ordered to repay tenants £263,555 for operating two East London buildings as unlicensed HMOs.

House price growth remains steady, but is expected to soften as stamp duty rates change today

House price growth remains steady, but is expected to soften as stamp duty rates change today

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House price growth remained steady last month, but is expected to soften in the coming months as the stamp duty holiday comes to an end.

More than a third of landlords to offload properties, Landbay survey suggests

More than a third of landlords to offload properties, Landbay survey suggests

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More than a third of landlords plan to offload some of their rental properties in the next 12 months, according to a new survey.

Scottish lawmakers urged not to repeat the mistake of restricting rents

Scottish lawmakers urged not to repeat the mistake of restricting rents

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Letting agents have urged Scottish lawmakers not to repeat the mistake of restricting rents that has ultimately increased costs for tenants.

Almost £13M a week raised in property tax for Scottish Government

Almost £13M a week raised in property tax for Scottish Government

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Almost £13million a week was raised in property taxes for the Scottish Government, new analysis has revealed.

Student rents could surge due to Renters’ Rights Bill, landlords warn

Student rents could surge due to Renters’ Rights Bill, landlords warn

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Student rents could surge following the introduction of the Renters’ Rights Bill, say landlords, who have warned that it also discriminates against foreign students.

Landlords could face CGT hike if economy dips, IFS warns

Landlords could face CGT hike if economy dips, IFS warns

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Landlords could face a hike in Capital Gains Tax (CGT) if the economy dips before the Autumn Budget, the Institute of Fiscal Studies (IFS) has warned.