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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.

LATEST: Manchester reveals more details of its selective licensing expansion

LATEST: Manchester reveals more details of its selective licensing expansion

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Manchester aims to double the size of its selective licensing scheme by adding another 1,884 properties in eight areas. The council has given it the go-ahead to the https://www.landlordzone.co.uk/news/manchester-mayor-vows-to-launch-1-5m-landlord-licensing-across-city/"

ADVICE: Are you ready for the Leasehold Reform Act going live on 30th June?

ADVICE: Are you ready for the Leasehold Reform Act going live on 30th June?

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In its latest plans, the Government is hoping to make the leasehold system fairer for leaseholders through a brand new Reform Act. There are several things for landlords to consider when the Leasehold Reform (Ground Rent) Act 2022 comes into force including where it

BREAKING: Brighton reveals plans to limit Airbnbs as Gove prepares national restrictions

BREAKING: Brighton reveals plans to limit Airbnbs as Gove prepares national restrictions

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Brighton and Hove has its sights set on being the first city to slap a ban on second homes and holiday lets. The Green-controlled council is looking to clamp down on landlords profiting from the staycation boom amid fears that the rapid growth has impacted on the availability of

Clamp down on letting second homes planned

Clamp down on letting second homes planned

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Owners of second homes in many coastal and holiday locations could face a ban on renting using lettings websites like Airbnb. Tourist hotspots such as coastal towns in Cornwall and Devon are particularly affected. Communities being eroded In many of these towns, loca

It's now cheaper to rent than to buy...

It's now cheaper to rent than to buy...

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According to recent research buy property agents Hamptons International, for the last 11 months its been cheaper to buy a home with a 10% deposit than rent. This is because to rental growth was tearing away before and mortgage rates were near their record lows. In May this ye

OPINION: What abolishing Section 21 evictions will mean for landlords

OPINION: What abolishing Section 21 evictions will mean for landlords

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The long-awaited Government White Paper, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1083378/A_fairer_private_rented_sector_web_accessible.pdf" target="_blank" A Fairer Private Rented Sector ,

Check your properties regularly warns landlord after armed police raid rental house

Check your properties regularly warns landlord after armed police raid rental house

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A landlord too terrified to reveal her name has warned others to conduct more regular property checks after she unwittingly rented her house to a drug-dealing gang for years. The North London-based landlord has had the same tenants since 2005 but only discovered their illegal ac

EPCs are already changing and about time too, says homes assessment expert

EPCs are already changing and about time too, says homes assessment expert

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The new Building Regulations and accompanying technical upgrade to the SAP assessment methodology ask for a completely different way of measuring the energy performance of many buildings, giving a market boost to those properties with higher EPC ratings. Effective from last week

Section 21 eviction ban? We're off to short-term lets, say thousands of landlords

Section 21 eviction ban? We're off to short-term lets, say thousands of landlords

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Thousands of landlords have vowed to switch to short-term lets when Section 21 notices are abolished, a new survey has found. Assist Inventories study of 10,000 landlords and letting agents revealed that 45% plan to move away from long-term tenancies while 41% said they might

WARNING: Proposals to abolish fixed-term tenancies will 'ruin student market'

WARNING: Proposals to abolish fixed-term tenancies will 'ruin student market'

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Abolishing fixed-term tenancies will devastate the student market and lead to a major contraction of student homes to rent, warns a leading accommodation provider. The governments https://www.gov.uk/government/publications/a-fairer-private-rented-sector" <stron

Landlord gives key evidence during trial of parents accused of son's murder

Landlord gives key evidence during trial of parents accused of son's murder

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A landlord has given evidence in the Sebastian Kalinowski murder trial, who died at his home in Huddersfield. Prosecutors allege his mother Agnieszka Kalinowska, 35, and her partner Andrzej Latoszewski, 36, subjected him to a campaign of abuse before his death in August 2021.</p

How much damage to rental properties by pets really costs landlords

How much damage to rental properties by pets really costs landlords

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New research reveals how adult tenants cause as much damage as pets in rental properties and that for smaller landlords, animal damage costs less to repair. The survey of 537 landlords and lettings agents found 85% have experienced both kinds of damage while only 29% of landlord

LATEST: HMRC names dozens of landlords who dodged tax totalling �6.7m

LATEST: HMRC names dozens of landlords who dodged tax totalling �6.7m

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HMRC has named and shamed 26 property tax dodgers who collectively tried to avoid paying more than �6.7 million. The deliberate tax defrauders earned income from either rental property, property developing or property tax advising, and have all been investigated and fined for e

UPDATED: FOUR leading landlord figures pick holes in renting reform White Paper

UPDATED: FOUR leading landlord figures pick holes in renting reform White Paper

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Landlord group leaders have begun picking holes in the governments radical Renters Reform Bill white paper. <figure id="" class="w-richtext-figure-type- " data-rt-type="" data-rt-align=""><div><img src="https://cdn.prod.website-files.com/63bef2f3c329eff8e3a4af45/64cb991c5630fcc809d71717_

Surging electric car sales leads to two tier housing market

Surging electric car sales leads to two tier housing market

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Houses with off-road parking space will not only command a higher sale price, the rental value will also be boosted as more people buy electric cars. Surge in EV sales The electric vehicle (EV) market is booming, which will inevitably have its impact on property pric

LATEST: Renting reform White Paper - its full shocking proposals go live

LATEST: Renting reform White Paper - its full shocking proposals go live

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The Government has finally published its renting reform White Paper three years after it was first promised, with legislation based on its proposals not due until at least next Spring. Introduced in parliament by housing minister Eddie Hughes (main picture) but prefaced by his b

BREAKING: Government to give tenants 'legal right' to have a pet in their home

BREAKING: Government to give tenants 'legal right' to have a pet in their home

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The Government is planning to give tenants the legal right to keep a pet as Ministers swing behind efforts to re-purpose the housing market towards the consumer. These proposals will be within the long-awaited draft Renters Reform Act that, it is reported, Gove is to publi

FIRST details of controversial 'new deal' for tenants and landlords published by DLUHC

FIRST details of controversial 'new deal' for tenants and landlords published by DLUHC

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Key details of the Governments radical renting reform White Paper have been released this morning by Michael Gove, full details of which are due to be published when his housing minister Eddie Hughes addresses parliament later this morning. In a statement embargoed for midnig

BREAKING: Government to require landlords to adapt communal areas for disabled tenants

BREAKING: Government to require landlords to adapt communal areas for disabled tenants

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The Government wants to make it a 'duty' for landlords to respond to requests from disabled tenants to make communal spaces outside their homes more accessible. A consultation on the proposals has been launched by equalities minister Kemi Badenoch (main pi

OPINION: Has the Prime Minister's landlord bashing gone too far this time?

OPINION: Has the Prime Minister's landlord bashing gone too far this time?

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It may have gone unnoticed by many landlords that Boris Johnson made one of the most extraordinary attacks on the sector in living memory last week. And it is fair to say, one of the most unfair. Most landlords have become accustomed to the government's frosty rhetoric over the

Landlord wins legal battle over �3,300 gas safety paperwork fine

Landlord wins legal battle over �3,300 gas safety paperwork fine

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A professional landlord has scored a partial win against his council fines for charges relating to gas safety inspections. Mahendra Maharaj , who owns 78 properties in Liverpool, had been fined �9,000 by the city council a decision confirmed by a First

EXCLUSIVE: New guidance to make EPCs more accurate after 10-year wait

EXCLUSIVE: New guidance to make EPCs more accurate after 10-year wait

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The government has finally updated the guidance it provides to property assessors on how to calculate EPCs for new homes and, in six months time, for existing homes too. This is the first time the methodologies of calculation have been updated for almost ten years for t

HMRC is clawing back overpaid and fraudulent Covid support payments

HMRC is clawing back overpaid and fraudulent Covid support payments

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The self-employed who took advantage of the multi-billion pound self-employed income support scheme (SEIS), claiming grants they were not entitled to, when they were either not trading at all, or their profits did not fall within the specified limits, are now being asked to pay the money ba

Re-launched Right to Buy to take 'money from pockets of buy-to-let landlords'

Re-launched Right to Buy to take 'money from pockets of buy-to-let landlords'

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Boris Johnsons pledge to reform the housing market will see the government launching a dusted-off version of David Camerons right to buy scheme for social housing in order to turn the tables on private landlords, his housing secretary Michael Gove has suggested. During a s

Comment: fears over the future of private rental market in the regions mount

Comment: fears over the future of private rental market in the regions mount

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While in England the housing minister Eddie Hughes has just https://www.landlordzone.co.uk/news/breaking-minister-confirms-government-will-not-consider-rent-controls-in-england/" target="_blank" ruled out rent controls , in Scotland, Wales, Northern Ireland and the Irish R