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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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Jeremy Corbyn backs rent controls for England

Jeremy Corbyn backs rent controls for England

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Former Labour leader Jeremy Corbyn has warned the government that renter reforms would still allow landlords to make “excessive profits” unless rent controls are introduced.

Midlands city to extend HMO licensing until 2030

Midlands city to extend HMO licensing until 2030

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Councillors in Worcester have agreed to extend the city’s additional licensing scheme for another five years.

Prolific rogue tenant faces jail over renting scams

Prolific rogue tenant faces jail over renting scams

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A prolific fraudster has admitted scamming numerous would-be tenants out of hundreds of pounds.

Landords warn of 'huge consequences' if reforms go live un-amended

Landords warn of 'huge consequences' if reforms go live un-amended

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The NRLA has warned of potentially devastating consequences for the PRS unless the House of Lords approves new amendments to the Renters’ Rights Bill.

CLAIM: Rent in advance demands 'widespread among landlords'

CLAIM: Rent in advance demands 'widespread among landlords'

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The use of ‘rent in advance’ is widespread among landlords in the UK, the leader of a coalition of tenants’ rights groups has claimed

UK rents fall, house sales rise and the commercial property recover stalls

UK rents fall, house sales rise and the commercial property recover stalls

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It’s a mixed picture in the UK property markets - UK rents fall for first time in five years, house sales rise and commercial recovery property stalls

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.

Leading Tory lobbyist warns Gove over Section 21 evictions

Leading Tory lobbyist warns Gove over Section 21 evictions

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A leading Tory lobbyist and political commentator has called on the government to ditch plans for abolishing Section 21 amid fears that it will only worsen the housing crisis.

60% of renters struggling financially and 11% using food banks

60% of renters struggling financially and 11% using food banks

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New research among tenants reveals a bleak picture as the cost-of-living crisis hits home within the private rented sector.

'Airbnb growth is down to Gove's anti-landlord policies' - claim

'Airbnb growth is down to Gove's anti-landlord policies' - claim

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Leading letting agent Marc von Grundherr (pictured) has labelled the government’s crackdown on short lets “ironic”, given its hard line on buy-to-let landlords.

Two thirds of landlords making leap to Ltd companies

Two thirds of landlords making leap to Ltd companies

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A surprising 65% of landlords are considering or have already become a limited company as thousands seek tax benefits to help their business succeed.

Only big money (not private landlords) can solve rental crisis, claims Savills

Only big money (not private landlords) can solve rental crisis, claims Savills

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The private rented sector is forecast to lose half a million homes during the next decade, leaving a large supply gap that can be filled by the build-to-rent sector, it has been claimed.

Is the UK tax regime unfair on private landlords?

Is the UK tax regime unfair on private landlords?

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In this episode of the Propertycast podcast Paul Shamplina, Eddie Hooker and Nigel Lewis discuss the pros and cons of why and how landlords are taxed on their renting income.

NW city ignores landlord concerns over bigger licencing scheme

NW city ignores landlord concerns over bigger licencing scheme

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Concerns among Blackpool landlords over the future of the city's selective licensing have been swept aside after councillors approved the hugely enlarged scheme, which must now go to Michael Gove for the final green light.

Big suburban council to extend £950 licencing scheme

Big suburban council to extend £950 licencing scheme

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Barking and Dagenham Council is the latest borough to launch a bid to renew and expand its licencing schemes.

Activists urge ministers to go further with rent controls

Activists urge ministers to go further with rent controls

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Arguments between politicians, landlords, charities and both tenant and trade unions in Scotland about what to do when the country’s ongoing rent cap scheme ends on 31st March deadline have ramped up in the past few days.

MPs slammed for tabling sensible amendements to reform bill

MPs slammed for tabling sensible amendements to reform bill

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Campaigners have accused leading landlord MPs of trying to ‘gut’ the Renters (Reform) Bill as it goes through parliament.

Official probe into rent-to-rent sector launched

Official probe into rent-to-rent sector launched

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The NRLA is questioning whether rent-to-rent’s days are numbered after the government announced it was investigating the sector in a bid to understand its impact on tenants and landlords.

Massive changes to short-lets sector to go ahead

Massive changes to short-lets sector to go ahead

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The Government has revealed changes to planning regulations that will clamp down on short-lets in tourism hotspots such as the Lake District and seaside towns.

Government to rush through changes to housing laws

Government to rush through changes to housing laws

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Housing secretary Michael Gove has announced restrictions on Airbnb style short-term lettings. He also wants to relax rules on permitted development rights for commercial to residential conversions, and he says he will abolish section 21 in this Parliament.

Legionella risk, one aspect of letting that many landlords never think about...

Legionella risk, one aspect of letting that many landlords never think about...

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Landlords (and their agents) have a serious responsibility to undertake actions to protect tenants, visitors and passers-by, by preventing Legionella bacteria from causing a health hazard.

Government slammed as affordable rented home building tanks

Government slammed as affordable rented home building tanks

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A consortium of London housing associations has warned the government that new affordable home-building is grinding to a halt.

Covid's long shadow over rental market 'finally fading'

Covid's long shadow over rental market 'finally fading'

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The Covid years’ extreme effect on the capital’s lettings market appears to be significantly easing – although demand remains abnormally high.

No-fault evictions ban 'an attack on basic property rights'

No-fault evictions ban 'an attack on basic property rights'

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A basic tenet of property rights that landlords should be able to reclaim their property after an agreed period from a tenant is being undermined by Michael Gove’s push to end Section 21 evictions, a leading free market thinktank has claimed.

Government to relax rules on heat pumps, Gove reveals

Government to relax rules on heat pumps, Gove reveals

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The government is considering relaxing heat pump rules in England which manufacturers believe could result in a boost in sales.

Letting agent slams Scotlands' 'nightmare' new repairs rules

Letting agent slams Scotlands' 'nightmare' new repairs rules

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New safety regulations due to impact private landlords in Scotland have been labelled a logistical nightmare by one Edinburgh letting agent.

University launches first ever degree for letting agents

University launches first ever degree for letting agents

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Estate agents might have been deemed more untrustworthy than lawyers and traffic wardens in public polls, but the Royal Agricultural University aims to demonstrate the profession’s value by launching the UK’s first university course in residential estate agency.

It's time to stop blaming private landlords for the rental crisis

It's time to stop blaming private landlords for the rental crisis

Opinion
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Government ministers, housing campaigners, landlords, letting agents and many of the other actors in the drama that is the private rented sector have been arguing hard about who is to blame for the high rents and lack of supply within the market.

Welsh city reveals 10% hike in HMO licencing fee

Welsh city reveals 10% hike in HMO licencing fee

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Newport City Council is expected to back a 10% rise in HMO fees as part of changes to the authority’s additional licensing scheme.

Landlord mortgage rates slip below 4% for first time in 18 months

Landlord mortgage rates slip below 4% for first time in 18 months

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Paragon Bank is showing some love for landlords on Valentine’s Day by offering its lowest rate on two-year fixes for new customers in more than 18 months.

Legal aid for evictions 'about to collapse entirely' says Law Society

Legal aid for evictions 'about to collapse entirely' says Law Society

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Housing legal aid providers are on the brink of collapse, according to the Law Society of England and Wales, which has urged the government to invest in the service before it’s too late.

It's got a ring to it! Landlords asked to support charity initiative

It's got a ring to it! Landlords asked to support charity initiative

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Landlords, letting agents and other players in the property game are being urged to support Paul Shamplina’s latest charity event which is due to take place on the night of Thursday June 27th.