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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.

HMRC warns holiday let owners about their tax obligations

HMRC warns holiday let owners about their tax obligations

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HMRC warns that owners must accurately declare these earnings on their self assessment tax returns or face criminal charges if in default. A boom in bookings The Covid pandemic has stored up excess demand for stay at home Britains under the foreign holiday restrictio

LATEST: Scots landlords face new EPC rules but up to �15,000 to pay for upgrades

LATEST: Scots landlords face new EPC rules but up to �15,000 to pay for upgrades

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Scottish landlords have until 2028 to meet energy efficiency standards but can access interest-free loans of up to �15,000 to help them spread the cost. The Scottish government has published its Heat In Building Strategy setting out that, by 2030, greenhouse gas emissions from

Sir Philip Green and his wife bought-up high-end London property as their retail empire was collapsing

Sir Philip Green and his wife bought-up high-end London property as their retail empire was collapsing

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The so called Pandora Papers is a financial services leak of nearly 12 million documents that reveal an international treasure trove of hidden wealth, tax avoidance and money laundering, by some of the world's richest individuals. The secret files were unearthed by a Washington

Nationwide launches platform to help landlords manage their properties and finances

Nationwide launches platform to help landlords manage their properties and finances

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High Street lender the Nationwide has launched a platform that will be first of its kind created for landlords by a major financial institution. Called The Landlord Works, it has been developed by a team headed up by Paul Wooton (main picture) who, after leaving its mortgage bro

Test case: Servicing a section 21 notice and prescribed information

Test case: Servicing a section 21 notice and prescribed information

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The Section 21 possession procedure (currently under threat of being removed) is a no fault eviction process where the landlord can serve notice on a tenant to regain possession once the initial minimum 6 months or contracted fixed term has ended. A section 21 notice is for 2

UK's most expensive ever HMO licensing scheme to launch in London

UK's most expensive ever HMO licensing scheme to launch in London

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Lambeth Council has launched a new additional licensing scheme that will see the boroughs private landlords paying the highest per bedroom HMO fees in the country. Under the current licensing scheme, landlords pay an application fee of �289 per bedroom for a five-year licenc

LATEST: Pet-owning resident in legal clash with freeholder over 'permission'

LATEST: Pet-owning resident in legal clash with freeholder over 'permission'

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A dog-owning tenant has launched a legal challenge against her freeholder which could result in parting with her pets or the leasehold. The womans partner moved into her property five years ago with three small dogs and admitted this to the freeholder. It then sent her a

PetScore referencing service for landlords officially launches

PetScore referencing service for landlords officially launches

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A tech professional who is also a landlord has launched what she believes to be the ideal solution to the impasse between landlords who won’t take tenants with pets, and the estimated 7.6 million tenants in the UK who want to live with their cats or dogs.

Throuple trouble? Modern relationships making HMO compliance tricky, warns top lawyer

Throuple trouble? Modern relationships making HMO compliance tricky, warns top lawyer

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Landlords and agents must make sure they dont come a cropper deciding what constitutes a single household when vetting HMO tenants in an age of polyamorous relationships, warns a top property lawyer. While the legal definition of a household can be explained quickly, re

HMRC claws back �254 MILLION from landlords via Let Property campaign

HMRC claws back �254 MILLION from landlords via Let Property campaign

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Just over a quarter of a billion pounds has been clawed back from landlords since HMRC's Let Property campaign began eight years ago, it has been revealed. The latest figure for the campaign were revealed by Financial Secretary to the Treasury Jesse Norman in response to a writt

HMO landlord hit hard by Scotland's tough licensing regulations

HMO landlord hit hard by Scotland's tough licensing regulations

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A landlord who was hauled up on minor maintenance issues has been refused an HMO licence by Glasgow City Council. Khurshid Begum told its licensing and regulatory committee that he had sorted all the problems at his property in Grant Street, Hillhead, but councillors would still

UK landlords could reap rich rewards from Afghan crisis

UK landlords could reap rich rewards from Afghan crisis

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With private rentals and holiday homes in high demand, many due to Covid and holiday staycations, some councils are offering landlords some very attractive incentives, dubbed golden hellos� of up to �3,500. Some councils have been offering private landlords and second home

SNEAK PEEK: Barratt reveals micro flat concept being built in London

SNEAK PEEK: Barratt reveals micro flat concept being built in London

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House building giant Barratt has revealed what it claims to be the future of UK housing a 37 sq metre one-bedroom apartment for sale at �285,000. The 160 initial Smrt homes are within the companys huge Eastman Village development in Harrow, North London where event

Why technology can give your business a big break

Why technology can give your business a big break

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As a landlord, your life is far from idle as you work hard to find new tenants, manage your current ones, do the admin, find reliable tradespeople and much more.<br>Faced with

Explained: Major upcoming EPC Regulation changes for Buy-To-Let landlords

Explained: Major upcoming EPC Regulation changes for Buy-To-Let landlords

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The UK Government has identified that homes across the UK contribute about 1/5 of all carbon emissions from the country. In order for the UK to reach its ambitious carbon neut

A national rogue tenant database would be 'open to abuse' says industry expert

A national rogue tenant database would be 'open to abuse' says industry expert

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A national rogue tenant register to combat the issue of renters trashing properties and leaving landlords out of pocket could be open to abuse, a leading expert has warned. Sean Hooker, head of redress at the https://www.theprs.co.uk/" target="_blank" <strong id="

As the weather warms up, the risk of subsidence rises '� are you covered?

As the weather warms up, the risk of subsidence rises '� are you covered?

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August got off to an unsettled and changeable start this year, with heavy rain and flooding in many parts of the UK. But the long-range weather forecast is now predicting warmer than usual conditions in late August, and potentially even a heat wave, with temperatures set to soar across some

Summer retainer fees charged to students by landlords are 'unlawful'

Summer retainer fees charged to students by landlords are 'unlawful'

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Rent Smart Wales is challenging letting agents and landlords over the widespread practice of charging student tenants summer retainer fees which it claims are unlawful under Welsh legislation. It says a retainer is an additional fee which is unlawful under the Renting Home

As the regulations mount up, should landlords self-manage or not?

As the regulations mount up, should landlords self-manage or not?

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When it comes to owning a buy-to� let property, the decision as to whether to use an agent or not is a big one. It is estimated that more than half of landlords self-manage their rental properties, believing it to be the best way to maintain control over who lives there and how

What is the difference: Lease, Licence or Tenancy-at-Will?

What is the difference: Lease, Licence or Tenancy-at-Will?

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Owners (landlords) of commercial (business) premises and sometimes residential premises want to let to a tenant on a short term basis, but are fearful of creating a long-term arrangement such that the tenant cannot be removed if the landlord wants it.Basically, there are three ways to do that whi

Commercial property offers three times greater yield than residential, says research

Commercial property offers three times greater yield than residential, says research

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Commercial investments produce an average yield of 10.7% while residential properties offer just 3.7%, new research has claimed. Scotland is home to the highest commercial yield at 20.4%, along with the South West (13.7%), while Scotland is also where investors can find the high

Yes minister, there’s already a ‘lifetime deposit’ to offer tenants

Yes minister, there’s already a ‘lifetime deposit’ to offer tenants

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While the cost of renting continues to increase across the UK, the Government continues to grapple with the issue of making renting more accessible and secure, especially for

Bold action needed to save the PRS

Bold action needed to save the PRS

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Covid-19 restrictions are easing, so now is the time to take decisive action to support la

Government to spend �13 million helping prison leavers rent from private landlords

Government to spend �13 million helping prison leavers rent from private landlords

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The government is pouring �13m into a homelessness reduction initiative to fund long-term accommodation for prison leavers in the private rented sector. More than 140 councils across England will share out the cash to pay for landlord incentives and loans for rent deposits, spe

What are 'Deemed Contracts' and how do they affect Landlords?

What are 'Deemed Contracts' and how do they affect Landlords?

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Especially at a time like this, in the middle of a pandemic, when good commercial tenants are hard to find, landlords dread the time when a lease comes to an end, or their tenant goes into administration. When a commercial landlord loses a tenant, not only do they lose regular r