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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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BLOG: Why accurate inventories are more important than ever

BLOG: Why accurate inventories are more important than ever

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The first thing I tell anyone is how important 'evidence' is in both deposit disputes and, now more than ever, monitoring fire safety compliance.

Renting £300 a month cheaper than owning says big lettings firm

Renting £300 a month cheaper than owning says big lettings firm

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Despite politicians and campaign groups claiming that the nation’s rental market is unaffordable, new research out today reveals that renting remains cheaper on average than buying a property with a 5% deposit.

GUIDE: Tenancy agreements as a deed instead of a contract

GUIDE: Tenancy agreements as a deed instead of a contract

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A tenancy agreement is just like any other contract, so as soon as both tenant and landlord have signed the agreement, it becomes a legally binding contract.

Definitive leasehold reform is still far from a done deal

Definitive leasehold reform is still far from a done deal

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Labour might be no more likely to deliver on promises to overhaul the leasehold system than the Conservatives, according to property experts.

Surveyors warn parties to focus on generation rent

Surveyors warn parties to focus on generation rent

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A huge mismatch in the private rented sector has left tenants tackling ever-rising living costs and plummeting affordability levels.

Demand grows for greener properties to lower energy bills

Demand grows for greener properties to lower energy bills

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Most portfolio landlords have been asked to make energy efficient improvements by their tenants in the past year, according to a new poll.

Labour manifesto sets deadline for more energy efficient PRS

Labour manifesto sets deadline for more energy efficient PRS

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Private rented homes will have to meet minimum energy efficiency standards by 2030 if Labour get the keys to Number 10 next month.

Farage will push for urgent repeal of Section 24

Farage will push for urgent repeal of Section 24

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Reform UK wants mortgage interest tax relief brought back as part of ‘critical reforms’ suggested by the party following the general election.

Legal appeal aims to protect landlords' postal rights

Legal appeal aims to protect landlords' postal rights

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The NRLA has stepped in to help fight a legal battle over whether it is acceptable for vital rental documents to be served by post.

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.

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

Expert sounds alarm over rent arrears court decision

Expert sounds alarm over rent arrears court decision

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An expert has warned that a court's decision to allow tenants to challenge landlord-requested rental arrears deductions from their UC payments will see more landlords shun tenants in receipt of benefits.

Big East of England town rushes in anti-HMO rules

Big East of England town rushes in anti-HMO rules

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Fenland Council has introduced an immediate Article 4 Direction before its consultation in a bid to clamp down on burgeoning HMOs in Wisbech.

Northern council heralds landlord fines of £1.38 million... so far!

Northern council heralds landlord fines of £1.38 million... so far!

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Landlords in County Durham have had to fork out fines totalling £1.38 million in the three years since selective licensing was introduced.

Dozens of new amendments proposed for Renters' Right Bill

Dozens of new amendments proposed for Renters' Right Bill

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Peers have tabled amendments to the Renters’ Rights Bill which, if approved, would shape the legislation into a version of the previous Renters’ Reform Bill.

'Chancellor must boost rental homes supply or risk economy'

'Chancellor must boost rental homes supply or risk economy'

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Chancellor Rachel Reeves has been warned that unless more rental properties are built her recent promise to ‘attract the best talent to the UK’ and boost economic growth will fall flat.

Build-to-rent giant celebrates as landlords exit student sector

Build-to-rent giant celebrates as landlords exit student sector

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Private HMO landlords leaving the sector have created a shortage of student housing, according to Unite Students, which boasts that it can help fill the gap with purpose-built student accommodation.

Labour rejects new calls for rent controls

Labour rejects new calls for rent controls

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The government has repeated its rejection of “heavy handed” rent controls despite pressure from peers in the House of Lords.

Northern city to clamp down on 'too many' HMOs

Northern city to clamp down on 'too many' HMOs

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Preston Council has proposed new powers to reject HMO applications amid fears that the city is already being over-run by shared homes.

Landlords offered significantly discounted carpets in Scotland

Landlords offered significantly discounted carpets in Scotland

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Landlords in Scotland who are members of the country’s landlord association are to get discounted carpets when refitting their rented properties,

Landlords and agents slam Scotland's 'anti PRS' budget

Landlords and agents slam Scotland's 'anti PRS' budget

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Landlords and letting agents have slammed the extra BTL tax rise in the Scottish budget which they believe could backfire on the government.

Property lawyer reveals novel solution to 'glacial' evictions

Property lawyer reveals novel solution to 'glacial' evictions

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Moving landlord and tenant disputes from overburdened county courts to tribunals would help clear the backlog and make evictions faster, according to a senior housing lawyer.

EPC REFORMS: 'Don't pick on landlords', big lenders warn Labour

EPC REFORMS: 'Don't pick on landlords', big lenders warn Labour

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UK Finance has urged the government not to single out the private rented sector when updating its EPC framework.

New laws will place extra demands on landlords and letting agents

New laws will place extra demands on landlords and letting agents

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The extra risks associated with letting following the passing of the Renters' Rights Bill later this year will mean extra vigilance if landlords are to avoid trouble

Manchester warns landlords to 'get licensed' as scheme expands

Manchester warns landlords to 'get licensed' as scheme expands

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Manchester has extended selective licensing to another 1,863 rental properties across the city.

Housing minister vows to help tenants 'know their rights'

Housing minister vows to help tenants 'know their rights'

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Tenants in Scotland are being targeted by a new campaign that aims to make them aware of their rental rights.

Landlord MP to step down after mouldy homes revealed

Landlord MP to step down after mouldy homes revealed

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Jas Athwal, the Labour MP who was shamed for renting out mouldy and unlicensed flats, has stood down as a councillor for Redbridge Council.

DWP 'carefully considering' what to do about High Court rent arrears judgement

DWP 'carefully considering' what to do about High Court rent arrears judgement

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DWP is expected to look at reforms that will make it harder for landlords to have money deducted from a tenant's UC benefits to repay arrears.

'Saddened' landlord to sell half her portfolio as reforms loom

'Saddened' landlord to sell half her portfolio as reforms loom

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A landlord has revealed how increasing risk and a “lack of joy” has prompted her to start offloading half her portfolio ahead of the Renters’ Rights Bill.

'Careless' portfolio landlord to pay back tenants £10,000

'Careless' portfolio landlord to pay back tenants £10,000

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A “lackadaisical” landlord who rented out an unlicensed and cockroach-infested HMO has been told to pay £10,834 back to three tenants.