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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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Lawyers call for 'millions' more for renter representation during evictions

Lawyers call for 'millions' more for renter representation during evictions

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The Law Society of England and Wales has called for a multi-million-pound investment in renters’ representation via legal aid following a rise in eviction numbers.

Landlords must help make rent control in Scotland workable, says committee

Landlords must help make rent control in Scotland workable, says committee

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Landlords in Scotland should be made to routinely provide data rather than simply respond to requests from local authorities, according to a report into the Housing Bill by the Local Government, Housing and Planning Committee.

REPORT: Twice as many landlords selling homes than those buying

REPORT: Twice as many landlords selling homes than those buying

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More landlords are selling their properties than those buying, new research has highlighted

'Lack of bailiffs lengthening evictions process for landlords'

'Lack of bailiffs lengthening evictions process for landlords'

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Landlords are having to wait longer and longer to evict tenants particularly for those using London’s County Courts, says specialist firm Landlord Action, which blames the problems to a greater extent on a lack of bailiffs.

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

Landlords rush to sell before Xmas ahead of the Stamp Duty increase

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It seems it’s one step forward, two steps back for landlords with the recent Budget introducing significant changes to Stamp Duty Land Tax (SDLT) that will impact property transactions from April 2025. The changes have caused panic amongst landlords, with a spike in numbers looking to sell before Ch

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

Will failure to present accurate documentation styme eviction under the Renters’ Rights Bill?

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It is likely that under the Renters’ Rights legislation due in 2025, tenancy documentation will be highly scrutinised before an eviction trial is allowed

OFFICIAL: Time taken for landlords to evict tenants increases

OFFICIAL: Time taken for landlords to evict tenants increases

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The time taken for landlords to evict tenants has increased, latest Government figures show.

Landlords persuade Government to U-turn on pet rules in Jersey

Landlords persuade Government to U-turn on pet rules in Jersey

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Jersey landlords have avoided new rules that would have made imposing blanket bans on keeping pets illegal.

Big Norfolk council reveals new selective licencing plans

Big Norfolk council reveals new selective licencing plans

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Great Yarmouth is asking landlords for their views on extending selective licensing in the town.

RECOVERY: BTL mortgage availability widens as lender confidence revives

RECOVERY: BTL mortgage availability widens as lender confidence revives

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Buy-to-let mortgage availability is at its highest since last July as the market continues to recover from a mass product drop. There are now 2,400 options in the sector, according to https://moneyfacts.co.uk/" target="_blank" Moneyfacts.co.ukn

Top Cities for Property Investment in Asia

Top Cities for Property Investment in Asia

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Introduction</h2>When setting your sights on investing in property in Asia, it can be a bit overwhelming when you look at the number of cities around the world that are available. Many factors go into determining which city is right for you, but we've done our best to lay out some

City launches consultation on 'eye watering' new fees for HMOs

City launches consultation on 'eye watering' new fees for HMOs

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Nottingham has revealed it will charge non-accredited, less compliant HMO landlords an eye-watering £1,993 fee to join its proposed additional licensing scheme a £273 increase on the current schemes fee. Accredited landlords will pay �1,118 - up from �990 - in a city

Landlord fined after tenants spend Xmas and NY without water or decent heating

Landlord fined after tenants spend Xmas and NY without water or decent heating

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An experienced landlord who left a family with a baby without water or adequate heating in their rented property over Christmas and New Year has been fined. Anthony Wardrop , 79, of The Parade, Hartlepool, had denied a charge of failing to comply with an Im

Luton landlord to pay thousands after 'hindering' property safety probe

Luton landlord to pay thousands after 'hindering' property safety probe

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A Luton landlord has been fined for the unusual offence of failing to provide documents relating to safety issues at his property. Sarfraz Yousaf , of New Bedford Road, the director of Poplar Homes Ltd (pictured), was prosecuted by Luton Council after it re

Research finds that UK leaseholders are still nervous about safety in their homes

Research finds that UK leaseholders are still nervous about safety in their homes

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Property and construction industry software and data company Zutec aims to improve the quality of buildings data so that people can make better decisions and work more productively. The company provides a full suite of digital solutions, including construction management software for archit

Reverse tax rises and delay EPC changes to avoid 'crisis' Government told

Reverse tax rises and delay EPC changes to avoid 'crisis' Government told

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The government should restore tax relief for mortgage interest and extend the deadline for proposed EPC energy improvements if it is to avert a looming rental property crisis. Buy-to-let sales platform Vesta Property has already seen a surge in properties for sale as many privat

EXCLUSIVE: NI landlords voice major concerns over renting reforms

EXCLUSIVE: NI landlords voice major concerns over renting reforms

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Landlords in Northern Ireland fear new legislation to give private renters greater protection could herald further sweeping changes that force more to quit the sector. Sections 1-6 of the Private Tenancies Act (Northern Ireland) 2022 take effect on <strong

LATEST: One in three landlords who remortgage will fail affordability tests

LATEST: One in three landlords who remortgage will fail affordability tests

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One in three landlords could be forced to sell up after failing their lenders affordability test to re-mortgage, it has been claimed. The stark warning comes from buy-to-let specialist https://www.mortgagesforbusiness.co.uk/" Mortgages for Busines

WARNING: Landlord takes down video after tenant rant goes viral

WARNING: Landlord takes down video after tenant rant goes viral

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A landlord in London has learned the hard way not to complain about bad tenants on social media after one of her TikTok videos went viral and was featured within The Sun's website. The woman, who doesnt give her name on the social media site but uses the handle https

1000s of 'mortgage prisoner' landlords still need help, says Martin Lewis

1000s of 'mortgage prisoner' landlords still need help, says Martin Lewis

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Mortgage prisoners - many of them landlords - should be offered free financial advice and interest-free equity loans from the government to prevent them from losing their properties, a new study suggests. About 195,000 households are still trapped in expensive variable-rate mort

Staggering inaccuracies in EPCs undermine net zero efforts

Staggering inaccuracies in EPCs undermine net zero efforts

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The Government puts its faith in EPC ratings to measure property energy usage in order to drive up energy efficiency in properties towards its energy targets, but can owners have the same faith? Are EPCs as they stand robust enough? Do they give valid and reliable ratings when t

Tenants with pets should pay higher rent to cover costs, says big agency

Tenants with pets should pay higher rent to cover costs, says big agency

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Landlords should consider charging tenants with pets more rent to cover possible extra costs as well as conducting more frequent routine property visits, according to leading letting agency Johns &amp; Co. The London firm advises that potential expenses could include an addition

TV star to lead debate on 'dramatic' changes due in Renters Reform Bill

TV star to lead debate on 'dramatic' changes due in Renters Reform Bill

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Readers concerned by the looming Renters Reform Bill should make their way to the National Landlord Investment Show on 14th March were Paul Shamplina will be leading a debate on its radical measures. Panellists on the stage with him will i

Wily landlord wins licencing battle after standing up to city council

Wily landlord wins licencing battle after standing up to city council

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A canny landlord who stood up to council inspectors has successfully challenged a licence condition to install a new fire door at his student HMO. Roger Braithwaite, a career and expert environmental health officer, was told by Coventry Council that he could only have a licence

BREAKING: Supreme Court rules 'superior landlords' not liable for rent repayment orders

BREAKING: Supreme Court rules 'superior landlords' not liable for rent repayment orders

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The Supreme Court has ruled that Rent Repayment Orders cannot be made against a superior landlord. The landmark ruling has implications for rent-to-rent arrangements and means tenants cannot go after superior landlords property owners or leaseholders - when seeking redress.

BIG GUIDE: How to spot a terrible tenant before you sign them up

BIG GUIDE: How to spot a terrible tenant before you sign them up

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I'm Richard Jackson. Here are some of the best tips I've learnt in my 30 years of being a landlord, designed to help you spot a potential problem tenant before you sign a tenancy agreement.

Link landlord EPC costs to rents instead of �10k cap' politicians told

Link landlord EPC costs to rents instead of �10k cap' politicians told

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Landlords financial contribution to upgrading properties in Wales should be linked to average market rents in any given area, suggests the NRLA . Under its proposals, landlords would need to contribute a minimum of �5,000, while those renting properties

REPORT: Leading HMO sector figures gather to debate rising energy prices

REPORT: Leading HMO sector figures gather to debate rising energy prices

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A group of 40 leading HMO operators have gathered at an an unusual conference to discuss the big issues facing the sector including one of the most pressing how to manage costs when many properties come with bills included. The HMO ManorMinds event, hosted by

This company will sell your tenanted properties fast - in just 28 days so you can exit your portfolio

This company will sell your tenanted properties fast - in just 28 days so you can exit your portfolio

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We've all seen the news, with changes in regulations and tax and interest rate rises, landlords have been flocking to sell their property portfolios. But with so many properties, all full with tenants, some of them with problems, low rents or even rent skipping, how can you get out fast?

WARNING: Rent reforms 'could reverse RRO court judgement' for landlords

WARNING: Rent reforms 'could reverse RRO court judgement' for landlords

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Superior landlords could find themselves hit by Rent Repayment Orders if the government decides to amend the upcoming Renters Reform Bill. Property lawyer at https://www.jmw.co.uk/" JMW , David Smith (main picture), says that despite the

Bailiffs accused of confusing vulnerable tenants with 'lookalike' police outfits

Bailiffs accused of confusing vulnerable tenants with 'lookalike' police outfits

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Private bailiffs dressed in stab vests, wearing bodycams and driving white vans covered in fluorescent police-style trim have been accused of confusing vulnerable tenants, a housing charity warns. Safer Renting is worried it is becoming a growing problem after stepping in during

Council wins �1m funding for HMO improvements

Council wins �1m funding for HMO improvements

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As part of the Department for Levelling Up, Housing and Communities (DLUHC) levelling up� fund the money is to be used by the council to work proactively and engage with landlords�, in particular with those landlords who rent out houses in multiple occupation (HMOs) and own con

Government adds thousands of HMOs to energy bills support scheme

Government adds thousands of HMOs to energy bills support scheme

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The government has announced support for thousands more households including tenants living in HMOs - to help pay their energy bills. Households without a direct relationship to an electricity supplier are covered by thehttps://www.gov.uk/get-help-energy-bills/getti

MPs say landlords who don't upgrade homes should pay higher mortgages

MPs say landlords who don't upgrade homes should pay higher mortgages

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A cross-party group of MPs and peers has suggested that landlords who dont upgrade their properties should be liable for mortgage penalties. The All-Party Group on a Green New Deal believes there should be a 1% mortgage interest rate premium levied on all buy-to-let propertie