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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.

NEW: Competition watchdog to probe 'consumer rights' within rental market

NEW: Competition watchdog to probe 'consumer rights' within rental market

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The UKs competition watchdog is to launch an investigation into consumer rights for those rent their homes and the activities of landlords and letting agents. This announcement, which has been made by the Competition and Markets Authority (CMA), reveals that it intends to she

REPORT: Landlords spend £34,000 over lifetime maintaining a property

REPORT: Landlords spend £34,000 over lifetime maintaining a property

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A landlord will need to carry out repair or maintenance work on a buy-to-let property 72 times during their ownership, costing them more than £34,000, it has been revealed. Research by lettings and estate agent Benham and Reeves found that while pests are

Half of landlords unaware of boiler upgrade scheme, expert warns parliament

Half of landlords unaware of boiler upgrade scheme, expert warns parliament

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Landlords and letting agents need more information and financial help if the Boiler Upgrade Scheme is to succeed, according to Propertymark. In its evidence to the Lords Built Environment Committee inquiry into the scheme, the group says 48% of Propertymar

Official �3 million evictions mediation service 'offered too late' to landlords

Official �3 million evictions mediation service 'offered too late' to landlords

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A paltry nine cases were mediated in the governments pilot Rental Mediation Service - nowhere near the 3,000 cases it expected, it has been revealed. The Department of Levelling Up, Housing and Communities and the Minister of Justice had hoped that the pilot, which offered te

WARNING: Scots rent cap will 'shrink stock and push up costs for tenants'

WARNING: Scots rent cap will 'shrink stock and push up costs for tenants'

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The Cost of Living Act is prompting greater numbers of landlords to quit the sector in Scotland or increase rents between tenancies to cover future costs. Giving evidence to the Scottish Parliaments Local Government, Housing and Planning Committee on the temporary legislation

'Why won't Government regulate agents like it does social housing managers?'

'Why won't Government regulate agents like it does social housing managers?'

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Property expert Kate Faulkner (main pic) says new rules to introduce professional qualifications for social housing managers are a slap in the face for the PRS� after years of lobbying for similar standards. The government has a

EXCLUSIVE: 'End of an era' for Shamplina as he steps back from popular TV show

EXCLUSIVE: 'End of an era' for Shamplina as he steps back from popular TV show

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Evictions expert Paul Shamplina has revealed that hes stepping back from his long-running role in TV series Nightmare Tenants, Slum Landlords. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/

LAW: Landords who illegally evicted tenants landed with �22,300 rent repayment order

LAW: Landords who illegally evicted tenants landed with �22,300 rent repayment order

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A landlord pair who assaulted one of their tenants while trying to illegally evict her from their unlicensed HMO have been handed a rent repayment order totalling more than �22,300. Guangyu Chen and Xing Guo argued that their poor English and understanding of the PRS was an exc

OPINION: It's time Facebook took action to stop rent scams on Marketplace

OPINION: It's time Facebook took action to stop rent scams on Marketplace

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Facebook is facing mounting calls to more effectively police its Marketplace classified listings platform after numerous investigations by national media outlets. The most recent was last night (23rd February)https://www.itv.com/news/channel/2023-02-23/prolific-scammer-

Test Case: enforcing legal protections for leaseholders

Test Case: enforcing legal protections for leaseholders

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New leaseholder protections in the Building Safety Act 2022 came into force on 28 June 2022, with new financial protections for leaseholders in buildings above 11 metres or five storeys, those with historical safety defects. The new Building Safety Act 2022 was introduced follow

'Exploitative' landlords should be taxed harder says Joseph Rowntree Foundation

'Exploitative' landlords should be taxed harder says Joseph Rowntree Foundation

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The government should raise the stamp duty surcharge on BTL purchases to favour those buying their own home, according to a new report from Joseph Rowntree Foundation (JRF). The social change group believes the surcharge should at least double to effectively disincentivise specu

Landlord wins reprieve from huge RRO claiming 'technical issues' at council website

Landlord wins reprieve from huge RRO claiming 'technical issues' at council website

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A disgruntled landlord has convinced a judge to have his rent repayment order case re-heard after arguing that council systems hindered his ability to apply for an HMO licence during the pandemic. Paul Fashade was told to pay three tenants a total of �11,

NEW: Unions and campaigners call on Michael Gove to 'freeze' rents

NEW: Unions and campaigners call on Michael Gove to 'freeze' rents

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Council leaders, unions and renters groups have urged Housing Secretary Michael Gove to bring in an immediate rent freeze in a bid to prevent widespread homelessness. In an open letter, the 34 groups and individuals including London Renters Union, mayor of London Sadiq Kh

York landlord group says 'collaboration not conflict way forward on HMO licencing'

York landlord group says 'collaboration not conflict way forward on HMO licencing'

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Yorks Residential Landlords Association (York RLA) wants to clarify why it decided not to proceed with further legal action over the city councils proposals to bring in an Additional Licencing scheme for HMOs. Both local media and LandlordZONE recently reported that it had

Boiler Upgrade Scheme has been a flop, Lords climate committee warns

Boiler Upgrade Scheme has been a flop, Lords climate committee warns

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Peers have slammed the governments Boiler Upgrade Scheme for attracting a disappointingly low� take-up of grants. Launched in https://www.landlordzone.co.uk/news/latest-official-boiler-upgrade-scheme-launches-today-but-is-it-enough/" target="_blank" <stron

Council green lights more HMO licencing despite proof on higher rents

Council green lights more HMO licencing despite proof on higher rents

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Nottingham councillors have voted through a contentious additional HMO licensing scheme. The current scheme, covering central areas of the city, will soon come to an end and the council plans to introduce a new citywide scheme in January 2024. It says this would pre

Landlords leaving the sector 'not as bad as claimed' says leading estate agent

Landlords leaving the sector 'not as bad as claimed' says leading estate agent

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A new survey has downplayed the scale of landlords ready to quit the sector due to heavy-handed government regulations and upcoming legislation. Leaders Romans Groups poll of 271 landlords found that only 7% plan to sell up in the next year while 12% aim to reduce their portf

NEW: Citizens Advice says Awaab's Law must be extended to PRS

NEW: Citizens Advice says Awaab's Law must be extended to PRS

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Citizens Advice has urged the government to extend Awaabs law to the PRS to help the estimated 1.6 million children living in damp, mouldy or excessively cold privately rented homes. Awaab Ishtak died aged just two years old after living in a mouldy and

Expert slams licencing schemes for red tape that 'punishes good landlords'

Expert slams licencing schemes for red tape that 'punishes good landlords'

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Propertymark is calling for more local authority funding to ensure licensing schemes dont unfairly burden compliant landlords. It says councils scant resources and inadequate staffing levels mean processing licence applications takes longer than it should and hampers their

LATEST: Bradford leads the way as rental yields rise across the UK

LATEST: Bradford leads the way as rental yields rise across the UK

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Landlords in Bradford and Leeds are enjoying the UKs best rental yields, with those in Exeter seeing the largest annual growth last year. Yields have increased by as much as 2.5% in the past 12 months, according to Sirius Property Finance, which reports that as rent values ou

Opinion: Should 'Awaab's law' be applied to private rented sector?

Opinion: Should 'Awaab's law' be applied to private rented sector?

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The Government has now committed to delivering Awaabs Law in a new amendment to the Social Housing Regulation Bill. But does the Government intend to place the same onus on private landlords, and is this law totally fair? I cant help feeling perplexed as

SCAM alert: Landlord and agent pics being used to lure rental ripoff victims

SCAM alert: Landlord and agent pics being used to lure rental ripoff victims

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A BBC investigation has uncovered a new property rental scam that uses Facebook Marketplace and then fake accommodation booking sites to lure in unsuspecting tenants. Called an advance rent payment scam, a technique that has been around for many years, this version of it is more

BLOG: Will Section 8 eviction grounds be enough when Section 21 goes?

BLOG: Will Section 8 eviction grounds be enough when Section 21 goes?

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With the likelihood of Section 21 evictions being abolished all eyes are on the 17 grounds for possession under the existing Section 8 procedure. In the near future these are to be the main tools landlords will use to evict tenants who dont pay the rent. As it cur

Estate agency fined �35,000 for failing to licence three properties

Estate agency fined �35,000 for failing to licence three properties

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It's not just landlords who can be fined heavily - an estate agency now faces paying a �35,000 penalty for failing to licence three properties in the town of Edmonton in London. Enfield Councils licensing and enforcement work officers investigated Green House Estate Agents L

NEW: Consultation launched on how to stop unfair council tax re-banding of HMOs

NEW: Consultation launched on how to stop unfair council tax re-banding of HMOs

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The Government has launched its https://www.landlordzone.co.uk/news/latest-council-tax-crisis-for-hmo-tenants-averted-after-commons-statement/" target="_blank" promised consultation on its plans to reform the way HMO properties are valued for counci