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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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Wales now has 1,107 fewer landlords, official data reveals

Wales now has 1,107 fewer landlords, official data reveals

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The Welsh private rental sector has lost a worrying 1,107 landlords in the last five years, coinciding with tougher rules around evictions and new tenancy agreements.

Huge landlord gathering revealed in London next month

Huge landlord gathering revealed in London next month

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One of the largest gatherings of landlords under one roof is due to take place on 19th March in London.

Kent landlord to pay £30k fine over unlicenced house

Kent landlord to pay £30k fine over unlicenced house

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After pursuing a £30,000 fine against one landord, his local council has vowed to go for other non-complilant BTL operators.

ADVICE: What to consider before expanding your portfolio

ADVICE: What to consider before expanding your portfolio

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Our experts help landlords looking to expand to plan ahead on several fronts including legislation, financing, tax, insurance and the fast-changing rental market.

Landlords urged to document property inspections after eviction failure

Landlords urged to document property inspections after eviction failure

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Landlords have been urged to make sure they document inspections after a tenant managed to avoid eviction by blaming the lack of a recorded carbon monoxide detector.

Should landlords worry about EPC deadline? No, says leading expert

Should landlords worry about EPC deadline? No, says leading expert

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Rising EPC scores suggest that achieving a C rating by 2030 shouldn’t be such a cause for concern, according to landlord energy efficiency platform epIMS.

Exiting tenants' average rent debt jumps by 46%

Exiting tenants' average rent debt jumps by 46%

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Rent arrears jumped by 44% to an average of £2,597 during the final three months of 2024, latest year-on-year figures reveal, while on a quarterly basis they increase by 26%.

Fed up with the hassle of selling, dealing with certifications, and tenant evictions? We've got the perfect solution!

Fed up with the hassle of selling, dealing with certifications, and tenant evictions? We've got the perfect solution!

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Landlords know the score – it’s tough out there and hordes of Landlords are rushing to sell before Section 21 is abolished.

More landlords selling properties than buying, warns NRLA

More landlords selling properties than buying, warns NRLA

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New data reveals that 20% of landlords across England and Wales have sold property during the last 12 months, almost three times more than the 7% who had bought new homes to rent.

FIRST rent repayment order against landlord issued following landmark case

FIRST rent repayment order against landlord issued following landmark case

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A landlord who tried to claim that he was the superior landlord of an unlicensed HMO has failed in his bid to avoid paying a Rent Repayment Order. In the first RRO case since the landmark�

'Zero-rate VAT for property upgrades if you want to hit EPC targets' say big landlords

'Zero-rate VAT for property upgrades if you want to hit EPC targets' say big landlords

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The British Property Federation (BPF) has called on the government to zero rate VAT on building repair and maintenance to incentivise essential upgrades across the residential sector or risk missing its 2050 net zero target. In the run-up to next weeks Budget, it says the

Politician warns big landlord fines by councils 'can be seen as hypocritical'

Politician warns big landlord fines by councils 'can be seen as hypocritical'

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A Suffolk councillor has spoken out against targeting private landlords with tougher regulations when authorities face similar problems with their own housing stock. Both Babergh and Mid Suffolk councils have agreed that civil penalties of up to �30,000 should be used to deter

NRLA chief rebuts claims that he 'misled' MPs about PRS shortages

NRLA chief rebuts claims that he 'misled' MPs about PRS shortages

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A Commons committee has confirmed that NRLA chief Ben Beadle did not mislead MPs when giving evidence about the diminishing supply of private rented housing. Anhttps://amp.theguardian.com/society/2023/mar/03/landlords-accused-of-making-up-stories-in-campaign-to-change-t

A year in review for agents: The PRS annual report 2022

A year in review for agents: The PRS annual report 2022

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The Property Redress Scheme annual report 2022 has just been released and reflects on

Retro-fitting buildings for energy efficiency - is it worth it?

Retro-fitting buildings for energy efficiency - is it worth it?

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Refurbishing, or in the jargon - retrofitting - older commercial and residential buildings, according to the Government, is desirable and necessary, given that energy efficiency standards that will need to be met under the Governments legal commitment to net zero by 2050. But

Property firm boss banned for 12 years after falsely claiming �45,000 Covid loan

Property firm boss banned for 12 years after falsely claiming �45,000 Covid loan

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A property investor who falsely claimed a �45,000 Bounce Back Loan before dissolving his firm has been banned by the Insolvency Service. Simon Gorgin, 63, from Kings Langley, was sole director of P3 Estates Ltd until it was dissolved in December 2021. In May 2020,

Major council launches mould and damp crackdown in PRS including fines

Major council launches mould and damp crackdown in PRS including fines

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Hackney Council has launched a major enforcement drive against private landlords who ignore complaints about serious damp and mould, signalling an unofficial application of 'https://www.landlordzone.co.uk/news/opinion-should-awaabs-law-to-be-applied-in-the-private-rented-sector/" i

HMO landlords urged to share views on controversial council tax re-banding consultation

HMO landlords urged to share views on controversial council tax re-banding consultation

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Leaders of a campaign seeking to change the law on unfair HMO property council tax re-banding are urging landlords to input into the ongoing Government consultation on the matter due to end on the 31st March. As https://www.landlordzone.co.uk/news/exclu

Cowboy HMO landlord given �8,000 fine over 'horror house' HMO conversion

Cowboy HMO landlord given �8,000 fine over 'horror house' HMO conversion

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The landlord of a property dubbed a house of horrors� has been ordered to pay more than �8,000 by the courts. Barking and Dagenham Council enforcement officers discovered water leaks, broken windows and doors, a lack of fire protection, exposed electrical wiring, and rat a

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

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

Landlords warned over Section 13 rent rises after Court of Appeal decision

Landlords warned over Section 13 rent rises after Court of Appeal decision

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The Court of Appeal has dismissed the case of a landlord who tried to evict a tenant in arrears after getting the date wrong on a Section 13 notice. Tenant Victoria Whiteland had lived in her cottage in Llanbydder, Carmarthenshire, since May 1991 but although the rent was due ev

'Landlords must be offered interest-free loans or grants for EPC upgrades'

'Landlords must be offered interest-free loans or grants for EPC upgrades'

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Estate agents have told politicians that Government-backed interest-free loans or grants to cover the cost of looming EPC upgrades are the only way many landlords will be able to fund the work. The comments have been made by industry association Propertymark

Council slammed after being found to break same safety rules as landlord it fined

Council slammed after being found to break same safety rules as landlord it fined

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Haringey Council has been hauled up for not completing fire and electrical checks at thousands of its properties, despite handing a private landlord �2,500 for the same failing. The https://www.gov.uk/government/publications/london-borough-of-haringey/regulatory-notice

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

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

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

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

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

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

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

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

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

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