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Compliance – can you afford to get it wrong?

Compliance – can you afford to get it wrong?

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Landlords and agents could face fines of up to £40,000 for breaching new rules set to be introduced as part of the Government’s Renters’ Rights Bill.

Landlord wins battle with council over leasehold survey costs

Landlord wins battle with council over leasehold survey costs

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Nottingham Council has been told to hand back more than £2,800 to landlord Mick Roberts after a court ruled it had overcharged for lease extension surveys.

Shelter boss and architect of Section 21 ban to stand down

Shelter boss and architect of Section 21 ban to stand down

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Shelter chief executive Polly Neate is to leave the homelessness charity next March after more than seven years.

Could this £15 box help reduce damp and mould in rented homes?

Could this £15 box help reduce damp and mould in rented homes?

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A trade association’s new tech solution aims to help landlords identify and resolve the root causes of damp and mould in rented properties.

Should I think about passing on wealth before the budget?

Should I think about passing on wealth before the budget?

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Will you be passing on your hard-earned wealth to the next generation before the budget, you don't have long

Cut NOT increase red tape for landlords, say mortgage lenders

Cut NOT increase red tape for landlords, say mortgage lenders

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Reducing red tape for landlords would boost the supply of private rental properties, curb rent increases and create better quality housing for tenants, according to lenders’ trade body UK Finance.

Labour's EPC upgrade plans will cost landlords £21.4 billion

Labour's EPC upgrade plans will cost landlords £21.4 billion

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Private landlords face a £21.4 billion bill to bring their properties up to the proposed EPC C rating by 2030.

Rent repayment order fines to double under Labour

Rent repayment order fines to double under Labour

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Rogue landlords face being forced to pay back up to 24 months’ rent as part of a shake-up of Rent Repayment Orders under the new Renters’ Rights Bill.

CLAIM: 'Future of portfolio landlording is HMOs and multi-unit blocks'

CLAIM: 'Future of portfolio landlording is HMOs and multi-unit blocks'

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Aspiring portfolio landlords are increasingly targeting higher yielding multi-unit blocks (MUB) and HMOs rather than traditional flats and semis.

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Labour report says tenants should be given 'rights charter'

Labour report says tenants should be given 'rights charter'

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A Labour-commissioned review of the private rented sector has called for a new renters’ charter to strengthen tenants’ rights and a mandatory National Landlords Register to help enforce compliance.

London landlords to repay tenants £45,000 after Tribunal decisions

London landlords to repay tenants £45,000 after Tribunal decisions

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Three London landlords are to pay over £45,000 in rent back to their tenants following separate Tribunal decisions, highlighting the increasing risks of Rent Repayment Orders as renters become more aware of the huge sums that are often involved.

Council launches licencing despite 'NO' from 73% of landlords

Council launches licencing despite 'NO' from 73% of landlords

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The London Borough of Lambeth is to launch a £923 per property selective licencing scheme in four wards this September after a lengthy consultation period that began in December last year.

EXCLUSIVE: Landlord reveals why his green upgrade cost £150,000

EXCLUSIVE: Landlord reveals why his green upgrade cost £150,000

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A landlord who raised a rental property's EPC from a band F to an A has urged others to make energy efficiency improvements that benefit both their property and their tenants.

Controversial landlord given suspended sentence over harrassment

Controversial landlord given suspended sentence over harrassment

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Controversial landlord Fergus Wilson has been handed a suspended prison sentence after being found in contempt of court for breaching an injunction preventing him from harassing staff and councillors at Ashford Borough Council.

Northern council green lights £653 selective licencing scheme

Northern council green lights £653 selective licencing scheme

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Stockton on Tees councillors have given the green light to a new selective licensing scheme covering three areas of the borough.

Rising rents 'disincentivising tenants to move home'

Rising rents 'disincentivising tenants to move home'

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Tenants are now facing bigger rent rises when they renew their contract than when they move into a new rental home.

Rent caps ARE a possibility in England reveals senior Labour figure

Rent caps ARE a possibility in England reveals senior Labour figure

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Rent caps could be introduced in England by a Labour government, the party’s shadow chancellor Rachel Reeves said over the weekend.

Manchester mayor reveals £600,000 landlord crackdown

Manchester mayor reveals £600,000 landlord crackdown

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Mayor Andy Burnham has announced plans including a new Property Check scheme for tenants whose landlords won’t work with the council voluntarily.

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

Landlords and Agents Reminded about Burst Pipes

Landlords and Agents Reminded about Burst Pipes

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Freezing Pipes: This time of year, as we head towards colder weather and freezing conditions, buy-to-let properties and indeed all rental properties are vulnerable to potentially expensive winter water damageIn this article digital inventory app developer Imfuna Le

Rent-free period

Rent-free period

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Commercial Tenancies: The idea of the full repairing (including decorating) lease is that when the tenant yields up the premises on expiry of the contractual term, or sooner termination, the state of repair and condition that the premises are left in would be as envisaged in

Safety Standards for Blinds and Curtains

Safety Standards for Blinds and Curtains

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Landlords and letting agents should by now be conversant with the 2014 regulations on blinds and curtains and the measures necessary to prevent accidents with children. It is particularly important to ensure that blinds and curtains supplied in rental properties meet these regulations, otherwise,

Repair Reporting Issues and Section 21

Repair Reporting Issues and Section 21

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Changes to the law on Section 21 and in particular how landlords deal with reported repair issues is now of crucial importance if section 21 claims for possession are to be successful. Careful pre-planning is now essential at the time of setting-up Assured Shorthold Tenancies (AST).The Section 21

Assessing Covenant Strength

Assessing Covenant Strength

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Assuming a commercial property is let already, the proposition an income-producing investment, the investor would be buying the building/property, not the tenant's business. Since the purchase price is geared to the passing and reversionary rent, it is normal to assess the tenant's ability to per

Holding or Pre-Contract Deposits

Holding or Pre-Contract Deposits

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I have always found the holding deposit (an initial retainer paid to the landlord or agent to reserve a tenancy) is a very useful device to commit the tenant to your letting. But is it legal to withhold the advance deposit you take from a prospective tenant if they back out?In my experience a pro

Tenancy Deposit Documentation

Tenancy Deposit Documentation

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What do I need to do when I protect my tenant/s deposit? If you take a deposit from your tenant/s you MUST protect the deposit and serve your tenants with the correct documentation within 30 days or face having to pay a fine and the prospect that you cannot use the s21 evict

ITZA revisited

ITZA revisited

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I am revisiting ITZA in the light of an experience I am enduring concerning some tenants that are inexperienced of rent review. Tenant contention is that an ITZA adopted/agreed for a previous review should be used again for a current review.Unless the ITZA is documented in a binding agreement, th

Dispute Resolution Procedure at Rent Review - Calderbank offer

Dispute Resolution Procedure at Rent Review - Calderbank offer

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Basically, what is known as a Calderbank offer is a 'without prejudice;' offer to settle a dispute to avoid the extra costs and associated risks of a full referral.From Calderbank v Calderbank [1976] and originally confined mainly to family property disputes, an offer of settlement made before th

Should I set up a company to pay less tax?

Should I set up a company to pay less tax?

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According to research from the NLA, 4 in 10 landlords are either seriously considering forming a limited company or looking into the option in the coming months.Can you - and more importantly should you - set up a company to pay less tax? Heres my complete guide on becoming incorporated.<stron

What heating system for Rental Property?

What heating system for Rental Property?

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What heating system should you use in your rental property? Is there a heating system that could solve landlords condensation claims problems?Its one of the most important questions to ask when letting a property for the first time. Whatever system you choose carries implications for the ef

Warnings about Gumtree advertised letting scams

Warnings about Gumtree advertised letting scams

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The Residential Landlords Association (RLA) and the National Landlords Association (NLA) have called on the classified online listings service Gumtree to issue clear guidance over possible scams involving bogus letting scams.The warning has been issued to Gumtree by the NLA and the RLA after f

Dispute Resolution Procedure at Rent Review

Dispute Resolution Procedure at Rent Review

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At rent review, the phrase 'going to arbitration' is often bandied about during negotiations as a means for one party to get its own way. Whether or not the parties can agree the rent without involving the dispute resolution procedure, it is common for a represented or experienced party to inv

Government releases 'How to Rent'� guide

Government releases 'How to Rent'� guide

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From the 1st of October 2015 it became a statutory requirement that landlords issue all new tenants after that date with the latest edition of a Government publication The How to Rent Guide�, along with a current Energy Performance Certificate (EPC) and a current Gas Safety

Doing Right to Rent - Immigration Checks

Doing Right to Rent - Immigration Checks

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From 1st February 2016 all new tenants in England must be given Right-to-Rent (Immigration) Checks to determine their "right-to-rent" or "right-to-reside" in the country, BEFORE they can be given a tenancy. Landlords or letting agents must do the checks - letting agents where the

Tax Deductible Letting Expenses

Tax Deductible Letting Expenses

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This is a Guide to Tax Deductible Letting Expenses for Landlords under the new tax rules following the Summer Budget 2015. These may be subject to change and you are advised to consult a tax specialist before making any decisions.From April 2016 landlords will no longer be able to automatically d

Landlord uses hidden cameras to spy on tenants

Landlord uses hidden cameras to spy on tenants

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An Edinburgh landlord set-up hidden cameras in the bedroom and bathroom of his flat, to film people in bed and in the shower.The cameras were discovered by a young couple, friends of the landlord who allowed them to use the accommodation. The couple found a box on the living room table with a cam

Comparable Evidence

Comparable Evidence

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Amongst the ways to agree or ascertain the (open) market rent at rent review or on renewal of a lease, (per s.34-s35 Landlord and Tenant Act 1954), is the use of comparable evidence.At rent review, the market rent for the premises is not what rent the actual tenant would agree or could afford, bu

What is a Section 20 Notice ?

What is a Section 20 Notice ?

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There are two instances of section 20 notices in property in England:(1) is the notice served in relation to early shorthold tenancies under the Housing Act 1988, and the other,(2) refers to section 20 of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act (CLR