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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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Landlord left family living in fear at unlicensed home

Landlord left family living in fear at unlicensed home

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A rogue landlord who left a family of eight living in damp and dangerous conditions has been told to pay more than £3,000 by magistrates.

Calls grow for short-let licensing to rebalance PRS

Calls grow for short-let licensing to rebalance PRS

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MPs are pushing the government to introduce a licensing scheme for short-term lets in England.

Stock crisis predicted to worsen as landlords brace for bad news

Stock crisis predicted to worsen as landlords brace for bad news

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More than one in 10 homes for sale on Zoopla in July were formerly rented, prompting fears that a challenging autumn budget could further increase sales.

Expected tax grab prompts fearful landlords to quit

Expected tax grab prompts fearful landlords to quit

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An ongoing shortage of rental properties is expected to keep pushing rents higher as more landlords look to scale back their portfolios.

Suspended jail term for landlord who ignored safety checks

Suspended jail term for landlord who ignored safety checks

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A rogue landlord has been handed a suspended jail sentence after she failed to maintain gas appliances at her rental property.

Rogue exempt accommodation landlords face tough crackdown

Rogue exempt accommodation landlords face tough crackdown

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The government has vowed to take action on rogue landlords who exploit vulnerable residents in exempt accommodation.

Landlord Exodus: Tough New Rules spark mass Sell-Off

Landlord Exodus: Tough New Rules spark mass Sell-Off

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A mass sell-off is currently underway in the landlord sector, and it only looks set to increase. EPC requirements, The Renters Reform Bill, mounting financial pressures, the list of reasons goes on.

Steep house prices curb renters' home buying ambitions

Steep house prices curb renters' home buying ambitions

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A third of renters (33%) don’t plan to ever own their own home, up from a fifth (20%) in 2022.

Warning: Landlords will race to beat Section 21 ban

Warning: Landlords will race to beat Section 21 ban

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A “tsunami of landlords” will put in Section 21 notices before the ban is implemented, predicts Landlord Action’s Paul Shamplina.

'Abolishing Section 21 evictions won't stop homelessness'

'Abolishing Section 21 evictions won't stop homelessness'

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Ben Beadle, the Chief Executive of the NRLA, has told LandlordZONE that abolishing Section 21 evictions might sound noble, but it's won't make the private rented sector fairer overnight, as many campaigning groups and Labour MPs often claim.

Commercial property continues to struggle in a market downturn

Commercial property continues to struggle in a market downturn

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The UK commercial property market is in a downturn right now. As with the wider economy, commercial property is subject to economic cycles

Tenant campaigners call for controls on 'upfront payments'

Tenant campaigners call for controls on 'upfront payments'

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Tenants’ union Acorn has urged Labour to curb ‘upfront payments’ for new tenants to one month’s rent in a bid to make rented homes more affordable.

Council launches innovative solution to housing crisis

Council launches innovative solution to housing crisis

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Milton Keynes City Council has come up with an innovative scheme to top up rents for those moving from temporary accommodation into the PRS.

Renting reforms to have 'unintended consequences' warns agent leader

Renting reforms to have 'unintended consequences' warns agent leader

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Propertymark has warned that the Renters’ Rights Bill poses critical unintended consequences unless the government ensures a fair and balanced approach between landlord and tenant rights.

One of UK's largest portfolio landlords fined £97,000

One of UK's largest portfolio landlords fined £97,000

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A landlord with a string of more than 5,000 rental properties across the UK has been fined a whopping £97,000 over the ‘serious and deliberate’ failure to manage a block of flats in Sheffield.

Investment in the private rented sector unlocked

Investment in the private rented sector unlocked

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NRLA trainer Henry Davis explains how his Key to Property Investment course can help you stay ahead of the game.

Renting reforms will cause 'gridlock' in justice system says Badenoch

Renting reforms will cause 'gridlock' in justice system says Badenoch

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The government has been accused of pressing ahead with renter reform measures that will cause gridlock in the justice system, and pit landlords and tenants against each other in protracted litigation.

Few MPs defend landlords during Renters' Rights Bill debate in Commons

Few MPs defend landlords during Renters' Rights Bill debate in Commons

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Few MPs stood to defend landlords during yesterday’s second reading of the Renters' Rights Bill in parliament, but a few did - with all of them being Conservative.

Landlords 'selling up' ahead of expected CGT rise says RICS

Landlords 'selling up' ahead of expected CGT rise says RICS

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Landlords listing their properties for sale before potential capital gains tax rises are adding to a widening divide between supply and demand, report letting agents from around the UK.

Council to restrict HMOs despite 'no evidence' residents cause crime

Council to restrict HMOs despite 'no evidence' residents cause crime

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A big Midlands council has revealed plans to introduce an Article 4 direction across the borough while admitting that there is no strong link between HMOs and crime.

Renting reforms 'to drive huge increase in tenancy disputes'

Renting reforms 'to drive huge increase in tenancy disputes'

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The Renters’ Rights Bill is expected to fuel a surge in tenancy disputes following a 20% rise last year.

Renting reforms 'will go nowhere unless courts properly funded'

Renting reforms 'will go nowhere unless courts properly funded'

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Lawyers have warned that an underfunded justice system will hinder any progress made in strengthening renters’ rights.

'Hold your nerve: Watch, wait, and don’t panic'

'Hold your nerve: Watch, wait, and don’t panic'

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The biggest news to hit the private rental sector in 25 years is here: the Renters' Rights Bill. Scheduled for its second reading today, 9 October, this Bill is poised to reshape the landscape for landlords and tenants alike.

Renters’ Rights Bill: how concerned should we be?

Renters’ Rights Bill: how concerned should we be?

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Here’s an initial reaction to the Renters’ Rights Bill, thoughts that could change as it progresses through parliament - the second reading is today.

Funding confirmed for EPC improvements – but will it be enough?

Funding confirmed for EPC improvements – but will it be enough?

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A new funding pot has been announced to support energy efficiency improvements in England.

MPs to debate renting reforms today as Rayner promises law 'ASAP'

MPs to debate renting reforms today as Rayner promises law 'ASAP'

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The Renters’ Rights Bill will become law ‘as soon as possible’ housing secretary Angela Rayner has promised as parliament debates her legislation for the first time.

HMO landlords' fine appeal leads to £100,000 increase

HMO landlords' fine appeal leads to £100,000 increase

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A judge has massively increased the fines given to two HMO landlords who have failed in a legal challenge against their sentence.

WARNING: Abolishing ASTs will push landlords into short lets sector

WARNING: Abolishing ASTs will push landlords into short lets sector

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Removing fixed-term tenancies will drive up rents as landlords switch to short-term lets, warns Propertymark.

Landlord fined £22,600 after ignoring tenant safety warnings

Landlord fined £22,600 after ignoring tenant safety warnings

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A landlord with multiple properties in Bootle has been ordered to pay £22,630 for ignoring safety risks that left his tenants facing imminent danger.

Many tenants are becoming 'unrentable' says leading figure

Many tenants are becoming 'unrentable' says leading figure

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A significant number of people seeking properties to rent are finding themselves excluded and forced to live in temporary accommodation, it has been claimed, as landlords be become more risk averse.

Environmental health officers call for stronger landlord licencing

Environmental health officers call for stronger landlord licencing

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The Chartered Institute of Environmental Health (CIEH) has backed calls for better funding of councils’ housing enforcement and stronger selective licensing.

Landlords slam Labour's plan to tighten arrears eviction rules

Landlords slam Labour's plan to tighten arrears eviction rules

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Landlords have criticised the Government’s plan to raise the minimum period of rent arrears from two to three months before they can be served notice to repossess.

'Lease us your rented homes', Welsh Government urges landlords

'Lease us your rented homes', Welsh Government urges landlords

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The Welsh Government wants landlords to lease their empty properties to local councils in a bid to boost the number of affordable homes within its private rented sector.

New housing committee chair promises to 'hold Government to account'

New housing committee chair promises to 'hold Government to account'

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Labour MP Florence Eshalomi has promised to hold the government to account in her new role as chair of the Housing, Communities and Local Government Committee.