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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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Report reveals £45 billion contribution landlords make to economy

Report reveals £45 billion contribution landlords make to economy

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A new report published today claims that 390,000 jobs rely on the private rented sector as critics of the sector, including the Guardian newspaper, have called for it to be shrunk or abolished entirely.

UK's only city-wide licencing scheme 'gets tough' on landlords

UK's only city-wide licencing scheme 'gets tough' on landlords

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Landlords in Oxford who fail to sign up to the city’s licensing scheme are being threatened with fines and enforcement action after a year of relative ‘grace’.

REPORT: Will lower inflation lead to lower BTL mortgage rates?

REPORT: Will lower inflation lead to lower BTL mortgage rates?

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Falling UK inflation could herald some good news for BTL landlords over the coming months, according to mortgage experts.

A reminder for landlords that electrical safety checks are mandatory

A reminder for landlords that electrical safety checks are mandatory

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Until recently landlords only had to concern themselves gas safety checks - but now all residential landlords or their agents must arrange for regular electrical safety checks (every 5 years)

Court approves tough bankcruptcy limits on 'property guru'

Court approves tough bankcruptcy limits on 'property guru'

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Infamous property guru Glenn Armstrong, who misled dozens of investors by promising to make them rich, has been handed tough bankruptcy restrictions lasting 12 years.

Tenant pockets £5,000 from Tribunal after realising HMO was unlicenced

Tenant pockets £5,000 from Tribunal after realising HMO was unlicenced

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A tenant who discovered that his landlord had not licenced the HMO in which he lived is to pocket £5,000 after winning a rent repayment order (RRO) during a Tribunal hearing.

Spring Budget shortfalls: What was missing for landlords?

Spring Budget shortfalls: What was missing for landlords?

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In what was likely his last Budget Statement before the next General Election, Jeremy Hunt announced his plans for tax, housing, and cost-of-living measures. Where did the Budget fall short for the private rented market (PRS)?

Murder conviction bars landlord from running rental properties

Murder conviction bars landlord from running rental properties

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A landlord who was jailed for culpable homicide in 2008 has been refused permission to rent out flats in Glasgow, despite claiming he has taken ‘responsibility for his actions’ and moved on.

Escalating 'housing emergencies' are Government's fault, say Scots letting agents

Escalating 'housing emergencies' are Government's fault, say Scots letting agents

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Letting agents have blamed poor Scottish government policies for the growing number of councils declaring ‘housing emergencies’.

Rogue landlords are not always who they seem…

Rogue landlords are not always who they seem…

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Not all poor housing standards are in the private sector, many social landlords have problems reaching the new higher standards

House prices dip as buyers brace for higher stamp duty

House prices dip as buyers brace for higher stamp duty

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House prices dipped by 0.1% in February, but annual growth held steady at 2.9%, with the cost of an average property down £213 to £298,602.

Letting agents urge peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords

Letting agents urge peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords

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Letting agents have urged peers to listen to their concerns ahead of the Renters’ Rights Bill committee stage in the House of Lords.

More councils will launch selective licensing if 20/20 rule is ditched, legal expert warns

More councils will launch selective licensing if 20/20 rule is ditched, legal expert warns

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A legal expert has warned that ditching the 20/20 rule around selective licensing will prompt more councils to launch or expand schemes.

Tenants complain less about their landlords in reality, new survey suggests

Tenants complain less about their landlords in reality, new survey suggests

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Tenants complain less about their landlords in reality, a new survey has suggested.

Rent campaigners block bailiffs from evicting disabled man from home

Rent campaigners block bailiffs from evicting disabled man from home

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Protesters have managed to block bailiffs from evicting a couple who had been handed a Section 21 notice.

Tenants reveal how they feel about renting in Total Property’s survey

Tenants reveal how they feel about renting in Total Property’s survey

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Only 17% of tenants feel more supported by the Labour Government than they did under the Tories, despite the ambitions of the Renters’ Rights Bill, while the same number feel less supported.

Half of Property Redress cases resolved through early resolution

Half of Property Redress cases resolved through early resolution

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Half of all cases received by Property Redress last year were resolved through early resolution, despite a 20% rise in complaints.

Landlord sells 23 properties in 16 days: get the highest price now before the market drops

Landlord sells 23 properties in 16 days: get the highest price now before the market drops

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Landlords, sell now before prices drop. Shauna sold 23 properties in 16 days with Landlord Sales Agency. Act fast for the best price.

Landlords still want to buy despite stamp duty hike, survey reveals

Landlords still want to buy despite stamp duty hike, survey reveals

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Hikes in stamp duty rates have failed to dampened landlords’ appetite to buy more properties, a new survey has revealed.

The areas where landlords face the most challenges with deposits are revealed

The areas where landlords face the most challenges with deposits are revealed

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The areas where landlords face the most challenges with deposits have been revealed, with Oxford leading the way.

Landsec rebalancing to residential signifies a growing trend…

Landsec rebalancing to residential signifies a growing trend…

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Land Securities (Landsec), last week reaffirmed its intention to reduce exposure away from office developments towards higher-yielding residential assets

Landlord couple told to pay £8,748 back to five tenants

Landlord couple told to pay £8,748 back to five tenants

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A landlord couple who blamed Lambeth Council’s maladministration of its online application system for their unlicensed HMO have been told to pay £8,748 back to five tenants.

Concerns raised in House of Commons about new EPC rules for landlords

Concerns raised in House of Commons about new EPC rules for landlords

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Concerns have been raised in the House of Commons about the impact of new EPC regulations on landlords.

Risk to rental sector in Wales as taxes raised, Propertymark warns

Risk to rental sector in Wales as taxes raised, Propertymark warns

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Letting agents have warned that stifling rental home supply in Wales through higher taxes or by landlords passing on costs to tenants could jeopardise the PRS.

Scottish First Minister warned against promoting hydrogen boilers

Scottish First Minister warned against promoting hydrogen boilers

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Housing and industry groups have warned Scottish First Minister John Swinney against promoting hydrogen boilers to heat homes.

North Hants Council creates tenants’ charter to boost standard of homes

North Hants Council creates tenants’ charter to boost standard of homes

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North Herts Council has created a tenants’ charter to set out the rights and responsibilities of tenants, landlords and the council, in a bid to keep private rented homes up to scratch.

Rents grow at slowest level for three and a half years

Rents grow at slowest level for three and a half years

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Rents are growing at their slowest level for more than three years, but a limited supply of new rental homes will help keep prices high, it has been revealed.

Sex offender landlord banned from letting property

Sex offender landlord banned from letting property

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A landlord has been banned from letting property in Edinburgh after he failed to report that he was a registered sex offender.

International Women’s Day: Elevating women in property

International Women’s Day: Elevating women in property

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Discover how women are transforming the property sector on International Women's Day. Read Victoria Valentine's inspiring story from a landlord to estate agency owner, and learn about the impact of female leadership and all-women teams in the traditionally male-dominated property industry.

Tenant activists insist "landlords need us”

Tenant activists insist "landlords need us”

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Acorn has taken aim at private landlords again, this time questioning whether their existence is even necessary.

Ban on new leasehold flats moves closer

Ban on new leasehold flats moves closer

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Government vows to finish the job of ending ‘feudal’ leasehold system in England and Wales

Rents rise and void periods shorten, reveals Goodlord

Rents rise and void periods shorten, reveals Goodlord

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Average rents in England jump 4% in a year to February while voids dropped from 24 to 20 days

Younger people targeted in tenant fraud

Younger people targeted in tenant fraud

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Almost three quarters of rental fraud involves young people, official data has revealed.

Book Review: Carl Bayley’s book, Shelter your Family from the Taxman: How to Save Inheritance Tax

Book Review: Carl Bayley’s book, Shelter your Family from the Taxman: How to Save Inheritance Tax

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Carl Bayley is the author of more than twenty ‘Plain English’ TaxCafe published tax guides designed for the layperson and the non-specialist