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Section 21 Notice and Deposit Protection rules

Section 21 Notice and Deposit Protection rules

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Validity of Section 21 Notice: Amak Property Investments v Laura Sonny [2016]This case was an appeal by the tenant following a county court judgement relating to the validity of a s21 notice on the basis that the landlord had not complied with the deposit protection (MyDepo

How to do a rent review - Part 2

How to do a rent review - Part 2

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1.0 Introduction 1.1 - At rent review, the starting point obviously is to read the lease. I say obviously because it never ceases to amaze me just how many landlords and tenants I come across having a go at rent review without bothering to read the lease. Its as

More than 4 tenants on a tenancy agreement?

More than 4 tenants on a tenancy agreement?

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Tenant Agreement: The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard

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

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Controversial landlord calls on Reform to back landlords with tax breaks

Controversial landlord calls on Reform to back landlords with tax breaks

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Fergus Wilson has questioned whether new Reform UK leader Nigel Farage would restore Landlord Tax to the previous headline rate and put Capital Gains Tax down to a flat 10% for all landlords - the level of tax paid if held in a company.

Generation Rent says private rented homes must be 'nationalised'

Generation Rent says private rented homes must be 'nationalised'

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Generation Rent has called for private rented homes to be brought into public or tenant ownership in its list of demands for the next government.

Build-to-rent giants hoover up 1000s of homes in southern England

Build-to-rent giants hoover up 1000s of homes in southern England

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The rise of ‘built-to-rent’ homes as a major competitor for tenants with private landlords took a leap forward this week after two US firms revealed they had bought 1,750 homes off a UK builder that will now be rented out rather than sold.

Court refuses to alter terms of a commercial lease on renewal

Court refuses to alter terms of a commercial lease on renewal

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When the terms of a commercial renewal lease cannot be varied in the agreed between the parties, according to the provisions of the Landlord and Tenant Act 1954

CLADDING: Leaseholders still facing mortgage problems despite official promise

CLADDING: Leaseholders still facing mortgage problems despite official promise

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Nearly a quarter of mortgages on mid-rise flats required an ESW1 form this year, despite government promises that leaseholders in these blocks affected by the cladding scandal would no longer need one when selling or remortgaging.

Labour to re-start renting reforms abandoned by Tories, predicts NRLA

Labour to re-start renting reforms abandoned by Tories, predicts NRLA

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Labour is likely to reintroduce the Renters (Reform) Bill in a similar form if it wins the election and has already confirmed its view that the court process needs speeding up.

'Landlords part of solution to housing crisis, not the problem'

'Landlords part of solution to housing crisis, not the problem'

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Any new government must continue to encourage private landlords if it is to effectively tackle the housing crisis, according to property lawyer David Smith.

'Outdated and inaccurate' EPCs need reform say experts

'Outdated and inaccurate' EPCs need reform say experts

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Calls are growing for a thorough overhaul of the EPC regime amid claims that the information in many could be inaccurate and misleading.

Tenants continue to stay longer in homes, new research reveals

Tenants continue to stay longer in homes, new research reveals

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Private tenants are still renting their homes for longer than they did a decade ago, according to analysis by Zero Deposit.

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.

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.