Tom
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The unintended consequences of the Tenant Fees Act on lets with pets
Read more: The unintended consequences of the Tenant Fees Act on lets with petsAlmost 12 million households in the UK own a pet so you could question why a landlord would exclude such a large proportion of the population by stipulating ‘no pets’ when they advertise their property for rent. Traditionally many landlords have recognised how widespread pet ownership is and how tenants with pets can make good…
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What payments are landlords and letting agents permitted to take from tenants on or after 1st June 2019?
Read more: What payments are landlords and letting agents permitted to take from tenants on or after 1st June 2019?1. Rent 2. Tenancy Deposit – maximum five weeks’ rent where the annual rent in respect of the tenancy immediately after its grant, renewal or continuance is less than £50,000, or six weeks’ rent, where the annual rent in respect of the tenancy immediately after its grant, renewal or continuance is £50,000 or more. 3. Holding Deposit –…
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Can a letting agent represent a landlord in court?
Read more: Can a letting agent represent a landlord in court?Only ‘authorised persons’ e.g. solicitors and barristers are permitted to represent someone in court. If the letting agent is an authorised person then they could of course represent the landlord in court. With leave of the court a letting agent who is not an authorised person could attend a court hearing in the following situations:…
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When should a follow-up right to rent check be conducted?
Read more: When should a follow-up right to rent check be conducted?Where the initial right to rent checks are satisfied with a document from List B, or where the Landlords Checking Service has provided a ‘yes’ response to a request for verification of a right to rent, a landlord establishes a time-limited statutory excuse. This time-limited statutory excuse lasts until the later of the following: •…
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What does the law say about when is rent due, payable and in arrears?
Read more: What does the law say about when is rent due, payable and in arrears?Due Rent becomes due on the morning of the day specified for payment in the tenancy agreement. This day is commonly referred to as the ‘rent day’ and is a core term of the tenancy. Payable Rent may lawfully be made payable on any day including a Sunday. Rent due upon a bank-holiday will not…
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Questions landlords need to ask before increasing the rent
Read more: Questions landlords need to ask before increasing the rentJust as the cost of living can rise, so too can rents but before landlords increase the rent there are some questions they need to ask themselves… Is it permitted? Rent increases are largely governed by Section 13 of the Housing Act 1988 and some associated case law that has helped clarify the intent of…
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Protecting your property from fraud
Read more: Protecting your property from fraudProperty fraud can happen in many ways. For example, fraudsters may attempt to acquire ownership of a property by using forged documents, or by impersonating the registered owner. The fraudsters may then raise money by mortgaging the property without the owner’s knowledge before disappearing without making repayments, leaving the owner to deal with the consequences.…
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Can an agent charge a landlord a fee for terminating their contract?
Read more: Can an agent charge a landlord a fee for terminating their contract?Yes – however there are some things to consider…. Contract (Agency Agreement/Client Agreement) The contract between the landlord and the agent should clearly define how the landlord can terminate the contract and any charges that would apply. If the landlord terminates the client agreement with a letting agent, the agent has a right to protect…
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Is there a minimum size for a room that is to be used as a bedroom?
Read more: Is there a minimum size for a room that is to be used as a bedroom?What is a bedroom? A bedroom is a room that is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom. {Housing Act 1985, Chapter 68, Part X} The answer to the topic question is dependent on a number of factors…
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Can an agent refuse to provide tenant referencing reports to the landlord?
Read more: Can an agent refuse to provide tenant referencing reports to the landlord?No – probably not… Fiduciary relationship The agent is contracted by the landlord to act on behalf of the landlord (the principal). Agents have what is known as a ‘fiduciary relationship’ with the landlord. Data collected, or artefacts created, by the agent in performance of the contractual obligations is collected or created on behalf of…
