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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

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Landlords warned after 10% of homes found without carbon monoxide alarms

Landlords warned after 10% of homes found without carbon monoxide alarms

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New research among tenants has found that nearly 10% of rented homes with gas appliances don’t have a carbon monoxide alarm fitted, leaving the landlords of these properties open to fines of up to £5,000.

HMO landlord loses fine appeal after blaming agent for rules breach

HMO landlord loses fine appeal after blaming agent for rules breach

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An HMO landlord who blamed a guaranteed rent firm for breaching his licence has failed in his bid to overturn a £7,500 fine.

RICS member agents predict growing rental shortages

RICS member agents predict growing rental shortages

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RICS survey predicts growing shortage of rental properties. Demand is predicted to grow while supply declines.

HMO planning register rejected in East of England

HMO planning register rejected in East of England

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Councillors in Ipswich have rejected plans for a register of all HMO licensing applications in the town.

Renting reforms will pose 'serious risk' to self-managing landlords

Renting reforms will pose 'serious risk' to self-managing landlords

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Landlords face considerable risks from self-managing their properties when the Renters’ Rights Bill goes live, according to a letting agent expert.

Rent controls will backfire, landlords warn Scots ministers

Rent controls will backfire, landlords warn Scots ministers

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Scotland’s landlords and letting agents have warned that the country’s imminent rent controls will backfire.

Rent rewards app urges tenants to pay by card not BACS

Rent rewards app urges tenants to pay by card not BACS

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Landlords could soon be paid their rent via credit cards rather than bank transfer after a Spanish company said it plans to launch in the UK.

Renters' Rights Bill - a month on, what's happened?

Renters' Rights Bill - a month on, what's happened?

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It's been just over a month since I last penned my thoughts for LandlordZONE, and in that brief period, the private rental sector has continued to evolve at rapid pace.

Landlord to pay £64,000 fine over 'hidden' HMO

Landlord to pay £64,000 fine over 'hidden' HMO

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A rogue landlord has been handed a whopping £64,000 fine after he was found renting a five-bedroom house to 13 people.

Give more legal aid to tenants facing eviction, say lawyers

Give more legal aid to tenants facing eviction, say lawyers

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The government is being urged to consider hard-up renters who won’t be able to take on their landlords despite any court system upgrade ahead of the Renters Reform Bill.

Landlord jailed for eight weeks following 'deplorable' behaviour

Landlord jailed for eight weeks following 'deplorable' behaviour

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A rogue landlord who tried to evict his tenant using “deplorable behaviour” has been jailed for eight weeks.

HMOs offer TWICE the returns of traditional rental properties, it is claimed

HMOs offer TWICE the returns of traditional rental properties, it is claimed

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A costly HMO conversion could prove a worthwhile long-term investment, with the average 8.1% HMO yield far higher than the 4.4% generated by a regular rental property, according to research by Octane Capital.

Property Portal could be deathknell for big selective licencing schemes, says MP

Property Portal could be deathknell for big selective licencing schemes, says MP

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The mandatory national Property Portal for landlords to be introduced by the Renters (Reform) Bill next year will stop the spread of borough-wide selective licencing schemes, a leading MP has claimed.

Gove slams rent controls and defends Section 21 abolition

Gove slams rent controls and defends Section 21 abolition

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Michael Gove used his speech to introduce the second reading of his Renters (Reform) Bill to pour cold water on calls for rent controls while also trying to reassure ‘good’ landlords that the abolition of Section 21 ‘no fault’ evictions will not affect them.

BLOG: 'Landlords as well as tenants face a cost of renting crisis'

BLOG: 'Landlords as well as tenants face a cost of renting crisis'

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Following months of uncertainty, this year will be looked back upon as a tumultuous one for landlords.

Legal matters: terminology, lease or licence, what's the difference?

Legal matters: terminology, lease or licence, what's the difference?

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Yes, legal terms confuse and like many specialisms, the confusion is added to by the fact that different terms often have essentially the same meaning.

Landlords told to check tenancy contracts after landmark court case

Landlords told to check tenancy contracts after landmark court case

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A judge has opened the door to higher compensation being paid by landlords if they fail to protect their tenants’ rental deposits within one of the official schemes.

Details of compulsory national Portal for landlords revealed

Details of compulsory national Portal for landlords revealed

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More detail on what information landlords will have to provide to the looming Property Portal have been revealed by the Government.

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

LATEST: Landlords WILL be allowed to demand tenants have pet insurance

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The Government has said it supports measures that will allow landlords to either charge tenants with cats or dogs both pet insurance at the beginning of tenancies or request that they take out a policy themselves.

Majority of renters support banning Section 21 evictions and rent controls - claim

Majority of renters support banning Section 21 evictions and rent controls - claim

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A renters’ lobbying says its polling of England’s private renters has found a majority support the changes within the looming Renters (Reform) Bill getting its second reading today in parliament.

Government U-turns on eviction and tenancy reforms

Government U-turns on eviction and tenancy reforms

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The Government has confirmed that it will not bring in its controversial ban on Section 21 evictions within the looming Renters (Reform) Bill until problems with the courts have been fixed.

Court shake-up vital in next week's Bill debate

Court shake-up vital in next week's Bill debate

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The NRLA has urged the government to address court hold-ups while debating the Renters Reform Bill – or risk undermining work to improve the sector.

Scottish eviction law continues to hamper PRS growth

Scottish eviction law continues to hamper PRS growth

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Investors are losing confidence in the Scottish PRS, while rent caps and increased construction costs are halting rental developments, says one property solicitor.

The importance of the "How to Rent" Guide and Section 21

The importance of the "How to Rent" Guide and Section 21

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How to Rent Guide : very important when setting up a new tenancy, or on renewal, and when serving a section 21 notice.

Agents and student landlords are top of the class in Bath

Agents and student landlords are top of the class in Bath

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University students rate Bath as having the best letting agents in the UK based on the number of reviews and average ratings.

Family operation ran string of unlicensed HMOs

Family operation ran string of unlicensed HMOs

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A rogue landlord has been prosecuted for letting eight unlicensed HMOs which breached health and safety rules that put his tenants at risk.

Kent landlord rumbled fly-tipping tenant's waste

Kent landlord rumbled fly-tipping tenant's waste

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A Kent landlord who dumped a huge pile of his tenant’s belongings in a country lane was rumbled after an investigation traced it back to him.

OPINION: Should landlords let tenants redecorate?

OPINION: Should landlords let tenants redecorate?

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One of the biggest discussion strings on any landlord forum including our own is how far tenants are allowed to modify or refurbish their property, with many users claiming some renters go too far.

Landlord reveals football boss's £28,400 rental scam

Landlord reveals football boss's £28,400 rental scam

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A director of the Scottish Women’s Premier League (SWPL) has been found guilty of defrauding her landlord with an elaborate scam.

Mortgage deal shock from leading BTL broker

Mortgage deal shock from leading BTL broker

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The Mortgage Works (TMW) has shaken up the BTL lending market by making improvements to the affordability assessment applied to portfolio landlords.

ANALYSIS: New Government funded schemes to help tenants with legal issues

ANALYSIS: New Government funded schemes to help tenants with legal issues

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New Government schemes that are offering advice to help tenants with legal issues

Big boiler firm's green claims to face official investigation

Big boiler firm's green claims to face official investigation

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The Competition and Markets Authority (CMA) is scrutinising green claims from boiler maker Worcester Bosch to see if they mislead landlords.

Renting reform bill to progress next week - claim

Renting reform bill to progress next week - claim

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The Renters Reform Bill is expected to get its second reading on Monday, heralding a huge shake-up of the sector after four years in the planning.

Leading landlord welcomes Rishi's U-turn on 'mental' EPC rules

Leading landlord welcomes Rishi's U-turn on 'mental' EPC rules

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A leading landlord has welcomed the Government’s recent U-turn on EPCs, telling a webinar this week that he was facing a ‘crazy’ bill to upgrade his portfolio of properties to the minimum ‘C’ band.