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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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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.

House raffle boss slams UK's 'unaffordable' rental market

House raffle boss slams UK's 'unaffordable' rental market

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A prize company CEO says the UK’s rental stock shortage is driving tenants’ anxiety about rent rises.

Online repairs service for self-managing landlords launched

Online repairs service for self-managing landlords launched

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A new online property maintenance platform aims to help landlords stay on top of repairs, raise standards and attract and retain good tenants.

'Time to fight back against those who say every landlord's bad'

'Time to fight back against those who say every landlord's bad'

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A leading landlord has slammed the pressure groups and campaigns who have been calling recently for landlords to be ‘eradicated’ from the housing market

Kerching! Five tenants pocket �29,000 after landlord fails to licence HMO

Kerching! Five tenants pocket �29,000 after landlord fails to licence HMO

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Five tenants have shared a whopping �29,000 Rent Repayment Order after their landlord failed to licence its HMO. East London-based https://www.facebook.com/weletroomsuk/" We Let Rooms Ltd did not defend itself at a First Tier Property T

Landlord mortgage arrears outstrip home owners' as costs squeeze profitability

Landlord mortgage arrears outstrip home owners' as costs squeeze profitability

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Landlords arrears are growing at a faster rate than homeowners, according to new research that suggests fewer investors are being shielded from economic headwinds. https://www.octanecapital.co.uk/" Octane Capital found that buy-to-let arrears of more tha

Agents say rent cap has 'forced more landlords to quit and pushed up rents'

Agents say rent cap has 'forced more landlords to quit and pushed up rents'

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One hundred percent of letting agencies in Scotland say they have seen more landlords exiting the market since the countrys government brought in and then recently-extended a rent rise cap and evictions ban. Agents canvassed by trade organisation Propertymark also reported an

'Give tenants some of your equity gains when you sell' says Big Issue founder

'Give tenants some of your equity gains when you sell' says Big Issue founder

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Landlords should give renters some of their equity gains when they sell up to stop the giant tenant rip-off, according to https://www.bigissue.com/ The Big Issue boss John Bird (main picture). Bird b

Landlords write open letter calling out Government's 'attack on property sector'

Landlords write open letter calling out Government's 'attack on property sector'

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Jerseys private landlords have urged lawmakers to rethink radical plans to shake up the sector which they fear will exacerbate the housing crisis. The Jersey Landlords Association (https://www.jla.je/" JLA ) has

Agency boss to pay �8,000 after using 'terrifying' tactics to bully tenants

Agency boss to pay �8,000 after using 'terrifying' tactics to bully tenants

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A rogue letting agency boss who used heavies to scare tenants and misled them about their rights has been ordered to pay �8,000. Four residents complained to Tower Hamlets Councils environmental health and trading standards team about London Corporate Apartments Ltd (LCA), w

'This is why landlords must approach guaranteed rent schemes with caution'

'This is why landlords must approach guaranteed rent schemes with caution'

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An Essex landlord has learned the hard way that unpicking rent-to-rent or guaranteed rent agreements can be a lot more difficult than many might believe. In a case handled by the Resolution Department Lead Suzy Hershman (main picture) and her team at

'Landlords to be exempted from council tax premium on empty homes'

'Landlords to be exempted from council tax premium on empty homes'

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A consultation has opened into proposals not to charge landlords who are preparing a property to let or waiting to find a tenant the empty homes a council tax premium. The government wants to strengthen the existing long-term empty homes premium by applying this to properties th

LATEST: Activists attack Renters (Reform) Bill over 'landlord loopholes'

LATEST: Activists attack Renters (Reform) Bill over 'landlord loopholes'

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Loopholes in the Renters Reform Bill around alternative possession grounds leave it open to abuse by unscrupulous landlords, claims a Labour activist and lawyer. A landlord will simply need to demonstrate an intention to use the property to live in or sell before they can

Leasehold properties becoming harder to sell, landlords warned

Leasehold properties becoming harder to sell, landlords warned

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Heightened consumer awareness combined with a lack of government action has made leasehold property even harder to sell, landlords and home owners have been warned. Despite government pledges and the introduction of the https://www.landlordzone.co.uk/news/advice-are-you

Plans to make Airbnb landlords reach same standards as hotels criticised

Plans to make Airbnb landlords reach same standards as hotels criticised

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Statutory licensing scheme plans for visitor accommodation in Wales have got the thumbs down from many holiday home owners, short-lets landlords and residents. The proposals, which will see all holiday homes, https://www.landlordzone.co.uk/tag/airbnb-landlords/" target=

UK house prices falling, mortgage rates rising but some landlords still buying

UK house prices falling, mortgage rates rising but some landlords still buying

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UK house prices fell by 3.1pc on an annualised basis in the first quarter (Q1) of 2023 and an increase in interest rates have a dampening effect on the market. Inflationary pressures With inflation currently running at 8.7pc (CPI), this is well above the Bank of Engl

'Huge competition is the key problem for families in PRS, not landlords' says Shamplina

'Huge competition is the key problem for families in PRS, not landlords' says Shamplina

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Paul Shamplina says the key reason why tenants with children are struggling to find rented accommodation is the ongoing supply crisis created by Government intervention in the sector, and the huge competition for properties that it is creating. Speaking to BBC Radi

Talks begin on UK-wide ban on landlords advertising property as 'no children'

Talks begin on UK-wide ban on landlords advertising property as 'no children'

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The Scottish and UK governments are working together to prevent landlords banning children from properties after a BBC investigation revealed the practice was still rife. Following the launch of thehttps://www.totallandlordinsurance.co.uk/knowledge-centre/renters-refor

TRENDS: Young 'modern tenants' want green, digital landlords

TRENDS: Young 'modern tenants' want green, digital landlords

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Most tenants want their landlords to be green and digital, a poll of some 2,000 renters has revealed. Despite debates about rental supply and rocketing rents dominating the public debate about the private rented sector, software firm MRIs poll found that two thirds want to in

UK landlords with Airbnb properties in EU to pay 20% VAT on rental income

UK landlords with Airbnb properties in EU to pay 20% VAT on rental income

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British landlords who use rental platforms to let holiday homes in the European Union will soon have to pay VAT on their rental income. Under the EUshttps://taxation-customs.ec.europa.eu/taxation-1/value-added-tax-vat/vat-digital-age_en" target="_blank" <strong

New court service for tenants risks more landlords facing huge eviction costs

New court service for tenants risks more landlords facing huge eviction costs

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The new Housing Loss Prevention Advice Service could result in more landlords fighting and potentially losing - expensive court battles. There are fears that the threat of a �15,000 legal bill if they lose their possession claim hearing could be enough to dissuade some from

Property figure viciously trolled after criticising protestors at landlord show

Property figure viciously trolled after criticising protestors at landlord show

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Property PR expert Russell Quirk has been defending private landlords from a torrent of vile abuse on social media. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/63bef2f3c329eff8e3a4af45/64cb9a556b542a2d3a2d

Sell now before rates cause buyers to scatter and prices to plummet

Sell now before rates cause buyers to scatter and prices to plummet

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The NRLA recently reported that 1 in 3 landlords are going to trim down their portfolios. A whopping 33% of landlords currently selling throughout the UK. Of that 33%, most landlords agreed that they would be willing to take 80% of the value just to get rid of them because mortgage payments

Big council looks at selective licencing to clamp down on bad landlords

Big council looks at selective licencing to clamp down on bad landlords

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A major Midlands council is considering a selective licencing when its additional licencing scheme for HMOs finishes in 2025 as it seeks to answer critics who believe this type of property is damaging social cohesion in many areas. The Cabinet committee of West Northamptonshire

Government housing policies 'not working' for landlords or tenants, MPs are told

Government housing policies 'not working' for landlords or tenants, MPs are told

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Tax increases on private landlords are reducing supply but not increasing owner occupation, making it difficult for the PRS to be commercially viable, according to a housing sector academic. Giving evidence to the Pensions and Work Committee on benefit levels, Prof

PRS reform legislation to cost landlords just �10 a year, claim campaigners

PRS reform legislation to cost landlords just �10 a year, claim campaigners

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Pro-tenant campaigners have claimed that the Governments looming overhaul of the private rented sector will cost landlords a meagre �10 each per annum. The https://www.rentersreformcoalition.co.uk/" target="_blank" Renters Reform Coaliti

Quarter of landlord ads say 'no children' reveals BBC investigation

Quarter of landlord ads say 'no children' reveals BBC investigation

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The BBC has revealed that 24% of adverts it examined listed by landlords via online letting agency OpenRent showed said no families. Of some 8,000 adverts by landlords listed on the site over a recent four-day period, 1,800 said no families while 73% of the listings

Report from council keen on rent controls warns of supply problems

Report from council keen on rent controls warns of supply problems

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A Bristol Council report has urged caution when introducing rent controls for the city. Councillors have been calling for central government to put the brakes on rent rises for months and set up the https://www.bristolonecity.com/one-city-bristol-living-rent-commission/

Calls grow louder to raise Local Housing Allowance for benefits tenants

Calls grow louder to raise Local Housing Allowance for benefits tenants

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Letting agents are urging the government to boost Local Housing Allowance (LHA) each year to keep pace with market rents. Giving evidence to the DWP Commons Committee hearing on UK benefit levels, Timothy Douglas, Propertymark's head of policy and campaigns, said it must increas