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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.

How Rick Gannon went from career break to £7m HMO portfolio

How Rick Gannon went from career break to £7m HMO portfolio

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Rick Gannon became an accidental landlord when his first property was in negative equity and decided to rent it out. Fast-forward a few years and he and wife Lorraine had made a substantial amount on the sale so decided to use the proceeds to buy other properties to rent wit

Portfolio Landlords: Now is the time to sell your properties for the best price

Portfolio Landlords: Now is the time to sell your properties for the best price

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By David Coughlin, CEO, Landlord Sales Agency

Salford to begin huge new £1,085-per-property HMO licensing scheme

Salford to begin huge new £1,085-per-property HMO licensing scheme

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Salford has given the go-ahead to a new licensing scheme for smaller HMOs in response to a rise in safety problems and resident complaints. The scheme covering the entire city - takes effect on 19th July and costs landlords �1,085 to licence shared homes where three or four

Suspended sentence for banned engineer who issued fake Gas Safe certificate

Suspended sentence for banned engineer who issued fake Gas Safe certificate

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A banned boiler engineer has narrowly avoided jail after producing a fake Gas Safe certificate for a landlord. Jeffrey Lewis, 74, of Ashbourne Road, Cheadle, was asked by a landlord to repair a tenants boiler but failed to tell him he had been banned from carrying out gas wor

Plans to outlaw landlords who refuse to rent to tenants with children

Plans to outlaw landlords who refuse to rent to tenants with children

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Jersey has launched a consultation over plans to outlaw landlords who refuse to rent to tenants with children. Social security minister deputy Judy Martin hopes to amend the Discrimination Law 2013 to protect families looking for homes on the island, which currently doesnt pr

LATEST: Liverpool begins huge HMO licensing push

LATEST: Liverpool begins huge HMO licensing push

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Liverpool City Council has clamped down on HMO conversions as it launches a new assault on the private rented sector. Under a new Article 4 direction, any size home in the city centre will need planning permission to be converted into an HMO from 17th</s

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

BREAKING: Treat Hong Kong arrivals with care when checking Right to Rent, Minister warns

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The government appears to have admitted it has concerns about landlords discriminating against the potential influx of Hong Kong residents. Home Office Minister Baroness Williams of Trafford advised landlords to be careful when doing Right to Rent checks on inbound Hong Kong res

YOUR forum questions answered: Early termination fees and invoices

YOUR forum questions answered: Early termination fees and invoices

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The hugely popular LandlordZONE forum is a friendly community where landlords share their experiences, exchange tips and ask for advice. Here we answer a recent question and ask the experts at Hamilton Fraser to give their best answer! The question: <p

How safe are classified sites? Another tenant scammed by fake landlord

How safe are classified sites? Another tenant scammed by fake landlord

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A tenant has been scammed by a Gumtree advertiser who stole more than �2,000, leaving her facing homelessness. Mum-of-four, Shirley Jones, from Coventry, fell for the flat rental scam after answering the advert for a three-bedroom home in Nuneaton that was available to rent on

REVEALED: Why not all EPCs are created equally

REVEALED: Why not all EPCs are created equally

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Getting a good EPC rating is important for rentals to meet the MEES regulations, and in future even higher ratings will be demanded, but this can be a challenge for some landlords� Since October 2008, rental properties in England and Wales have been required to

LATEST: Government's annual housing benefit bill rises to �30 billion

LATEST: Government's annual housing benefit bill rises to �30 billion

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The government is expecting to spend and eye-watering �30 billion on housing benefit for tenants this year, DWP minister Will Quince has told parliament. This figure is �8-10 billion more than the Office for Budget Responsibility https://obr.uk/forecasts-in-depth/tax-

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

BREAKING: 'Half of tenants would take out pet insurance against damage', says expert

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Half of all tenants who want to rent a home with their pet would be prepared to take out specialist insurance to cover their landlord against damage, a leading campaigner has revealed. Jennifer Berezai of AdvoCATS has researched an in-depth report into whether there is an appeti

Six month tenancy notice made permanent in Wales

Six month tenancy notice made permanent in Wales

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Legislation has been passed in Wales that extends the amount of notice landlords must give to their tenants, from the two month s21 period, to six months. The Renting Homes (Amendment) (Wales) Bill means (because notice cannot be served within the initial term) that the minimum

Leading private landlord moves entire portfolio to Ltd company and saves �10 million

Leading private landlord moves entire portfolio to Ltd company and saves �10 million

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One of Britains biggest private landlords is encouraging others to follow his lead by shifting property from their own name into a company structure. In what is thought to be the countrys largest ever mortgage transaction, Alastair Kerr (pictured) has transferred ownership

Regaining possession of a commercial property

Regaining possession of a commercial property

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Landlords of commercial premises may consider it necessary to bring the lease to an end or to refuse to renew a lease. This course of action might be for a number of reasons: A tenant for example might not have a statutory right to a lease renewal under the Landlord and Tenant Act 1954, the

MTD vs Self-Assessment Tax Returns - understanding the coming changes

MTD vs Self-Assessment Tax Returns - understanding the coming changes

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The big changes are in the submission frequency and digital submission process. Firstly, you will need to complete not one but five tax submissions per year � one every quar

BREAKING: Don't expect an extension to the electrical safety standards deadline, says ministry

BREAKING: Don't expect an extension to the electrical safety standards deadline, says ministry

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Landlords have been warned not to expect a grace period or extension to the deadline for properties to confirm to the new electrical safety standards. Originally, an https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guid

Average house price to rise by 17% over next ten years and to nearly �400,000 by 2050

Average house price to rise by 17% over next ten years and to nearly �400,000 by 2050

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The average UK house price could surge by 17% in the next decade, based on historical data from the past 40 years, and is set to reach �400,000 by 2050. Property buying firm Good Move has studied house prices in the UK since 1980 to predict what the market might look like in th

Cleaning is still the biggest cause of deposit disputes

Cleaning is still the biggest cause of deposit disputes

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What is a clean and tidy house to some is and unacceptably dirty mess to others; people have different standards and this will never change. Alternatively, some tenants are just too lazy to leave the place clean and tidy: dirty carpets and furniture, filthy bathrooms and toilets, and kitchen work

Legal case: the question of quiet enjoyment and nuisance

Legal case: the question of quiet enjoyment and nuisance

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In every tenancy there is an implied right if not an express covenant that promises that the tenant is able to possess the premises, not just without noise, quiet enjoyment� as the term implies, but in peace and without without disturbance by hostile claimants�, including from the

National Residential solve any problem to sell buy-to-lets for the best possible price.

National Residential solve any problem to sell buy-to-lets for the best possible price.

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If you're a landlord and you haven't yet heard of us here at <a rel="noreferrer noopener" href="http://www.national-residential.co.uk/" target="_blank">National Re

Anti-money laundering legislation to apply to letting agents

Anti-money laundering legislation to apply to letting agents

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The Government thinks that the risk of money laundering taking place in estate agency is on the rise, especially in high-end lettings - the top 5% of lets in value. However, there is a lot of uncertainty as to the full scale of money laundering in lettings says ARLA Propertymark. <p id="

BREAKING: NRLA report into 'unaccountable' Rent Smart Wales reveals range of failings

BREAKING: NRLA report into 'unaccountable' Rent Smart Wales reveals range of failings

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Landlords have slammed the registration and licensing authority that regulates the private rented sector in Wales, taking the organisation to task for a range of failings. Rent Smart Wales was set up https://www.landlordzone.co.uk/news/starting-date-for-rent-smart-wales

Case Law: planning law and the right to light

Case Law: planning law and the right to light

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In Beaumont Business Centres Ltd v Florala Properties Ltd (2020) the High Court considered the legal position regarding a serviced office providers right to light following an adjoining apathotel development. Beaumont Business Centres Limited took out an injunction against Fl

Test Case: Landlord's consent with mutual and absolute covenants

Test Case: Landlord's consent with mutual and absolute covenants

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In this case - Duval v 11-13 Randolph Crescent Ltd - reached the Supreme court in May 2020 after a tenant in a block of flats had requested the landlords consent for alterations, but disputed by another tenant in the same block, objecting to the landlord giving consent. Under