The Landlord Law Blog Interesting posts on residential landlord & tenant law and practice In England & Wales UK 2026-09-25T07:55:16Z https://www.landlordlawblog.co.uk/feed/atom/ WordPress https://www.landlordlawblog.co.uk/wp-content/uploads/2016/04/cropped-Icon2-32x32.jpg Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #455]]> https://www.landlordlawblog.co.uk/?p=97092 2026-09-25T07:55:16Z 2026-09-25T07:55:16Z Another week and another Newsround, let’s see what has been in housing news this week. Calls to unfreeze Local Housing Allowance There are renewed calls to unfreeze LHA payments as more than 1.1million low income households find that the gap between local housing market rates and the LHA allowance has grown even bigger as housing
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The post Landlord Law Newsround #455 appeared first on The Landlord Law Blog.]]> Landlord Law Blog NewsroundAnother week and another Newsround, let’s see what has been in housing news this week.

Calls to unfreeze Local Housing Allowance

There are renewed calls to unfreeze LHA payments as more than 1.1million low income households find that the gap between local housing market rates and the LHA allowance has grown even bigger as housing costs have increased rapidly.

The average shortfall is now over £100 as rents keep rising the gap is due to reach 23.3% by October this year.  A report by The Resolution Foundation is calling to unfreeze the LHA this coming budget and to re-link it to local rents with automatic auto linking.

Stephen Hunsaker of the Resolution Foundation said

With many tenants receiving housing support already going without essentials to pay their rent today, the Government should restore the automatic annual linking of LHA to relieve the pressure on low-income families in the private rented sector.

Many landlords do not get their tenancy agreements checked

90% of landlords do not get their tenancy agreements checked by a solicitor according to a new survey out this week by Lendlord, and only a quarter of them would make them trust the legal wording if they did use a solicitor. Out of 5,235 agreements that they have on their platform 79% now have periodic tenancies following the Renters’ Rights Act. Lendlords spokesperson said that landlords need ‘clear agreements’ and need to know what their  ‘ongoing obligations’ are.

5.7% of landlords are using a mixture of both rolling and fixed tenancy agreements and 14.5% only had fixed tenancy agreements. 45% of landlords had obtained their tenancy agreement from their letting agent. Lendlord said that this shows that there is a greater need for ‘clarity and confidence for landlords’.

Particuarly worrying is the fact that some landlords may still be giving tenants fixed-term agreements.  Not only will these (assuming the tenancy is assured) be ineffective in creating a fixed term, the landlords are vulnerable to a Local Authority penalty charge of up to £7,000.

Over 70’s percentage rent deemed unsustainable

Renters over the age of 70 are now spending over 46% of their income on rent, which is putting added pressure on paying other bills, and this is concerning as 40% of gross pay is statistically what is recorded as being sustainable.

32% of gross income is the average; 20-29 year olds spend on average 35% of their income on rent, but by 60-69 years old it rises to 36%. Whilst older renters can be really good tenants, they now may require more careful ongoing assessment. HomeLet who carried out the research, also reported that taking on a guarantor has increased to one in five tenancies.

They say

Being open to guarantors and other structured forms of support can help turn a borderline case into a sustainable, long‑term tenancy, provided robust checks are in place.

They add that ‘tenant quality’ rather than rushing to let a property, is now critical in ‘protecting returns’.

Snippets

Renters Rights Act leads to ‘phenomenal’ surge in rent guarantors
Bristol landlord handed whopping £58,000 bill for HMO failings
Council pays thousands to private firm working on landlord licensing
Landlords and letting agents urged to understand revamped HHSRS

Newsround will be back again next week

The post Landlord Law Newsround #455 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Improvement notices and the consequences of non-compliance]]> https://www.landlordlawblog.co.uk/?p=97102 2026-09-20T16:26:36Z 2026-09-20T16:26:36Z If a local authority officer inspects your property and finds that it is not up to standard, one option available to them, if you do not rectify the issue immediately, is to serve an improvement notice. The improvement notice will set out the issues that need to be rectified and will also set a date
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The post Improvement notices and the consequences of non-compliance appeared first on The Landlord Law Blog.]]> Dealing with improvement noticesIf a local authority officer inspects your property and finds that it is not up to standard, one option available to them, if you do not rectify the issue immediately, is to serve an improvement notice.

The improvement notice will set out the issues that need to be rectified and will also set a date by which any repair or other works should be completed.

If the work is not done by the relevant deadline, this is an offence (under s30 of the Housing Act 2004). The local authority can either prosecute or impose a civil financial penalty, although in most cases they are more likely to impose the penalty.

For offences committed on or after 1 May 2026, the maximum penalty is £40,000, and the government-recommended starting point is £25,000. So this is a serious issue.

So, say you have been served an improvement notice, failed to comply with the deadline, have had a Civil Penalty Notice served on you, and then completed the repair work.

Where does this leave you regarding the improvement notice and the civil penalty notice served on you?

The improvement notice

Section 16(1) of the Housing Act 2004 says:

The local housing authority must revoke an improvement notice if they are satisfied that the requirements of the notice have been complied with.

So that deals with the improvement notice. However, what about the civil penalty notice fine imposed?

For this, we need to consider a recent Court of Appeal decision in the case of Manaquel Company Ltd v London Borough of Lambeth [2026].

Manaquel Company Ltd v London Borough of Lambeth [2026]

Lambeth LBC served an improvement notice concerning category 1 and category 2 hazards at an estate containing 96 flats. The landlord appealed against the notice. By the time the appeal was heard, almost two years later, relevant works had been carried out.

The First-tier Tribunal identified a number of problems with the notice and Lambeth’s evidence and quashed the notice. However, when dealing with the effect of the later works, the parties and the Tribunal proceeded on the basis that the condition of the premises should be assessed at the date of the hearing.

The Court of Appeal confirmed that this was the wrong approach. The question was whether the local authority was wrong to serve the notice it did at the time it did.

Evidence obtained later can be considered if it helps establish what the position actually was when the notice was served. However, repairs or other changes occurring afterwards cannot retrospectively make a properly served notice invalid.

What does this mean for civil penalties?

Manaquel did not concern a civil penalty. However, a similar distinction between earlier liability and subsequent events applies under section 30 of the Housing Act 2004.

Basically, if an improvement notice has not been complied with by the applicable deadline, the section 30 offence will have been committed. Unless perhaps the person on whom the notice was served had a reasonable excuse.

Completing the work afterwards does not retrospectively amount to compliance with the original deadline. So it does not, by itself, erase an offence already committed.

Mind you, it is still important. It will

  • bring the outstanding non-compliance to an end,
  • entitle the landlord to seek revocation of the notice, and
  • may be relevant to the authority’s enforcement decision and the amount of any financial penalty.

The government guidance specifically identifies how quickly the non-compliance was remedied as a potentially mitigating factor.

And finally

Advice for landlords on receipt of an improvement notice:

If at all possible, you should get the works done by the date given in the notice. Then notify the Council and ask for the improvement notice to be revoked under s16(1).

If for any reason this is not possible, contact the Local Authority immediately, explain why it is not possible, and ask the authority to formally vary the improvement notice to extend the time allowed. This is permitted under s16(4) of the Housing Act 2004.

However, do not assume that this has been done until you have received written confirmation of the variation. Chase the Local Authority if they appear to be ignoring you, while making all efforts to get the works done as soon as possible. Keep records of all steps taken.

Important: Unless and until the notice is varied, you should work on the basis that its original requirements and deadlines remain in force.

If a penalty is subsequently imposed

Take advice immediately.

Depending on the circumstances, it may be possible to dispute

  • whether the improvement notice was validly served and had become operative,
  • whether its requirements had been complied with by the applicable deadline,
  • whether the authority can prove the offence beyond reasonable doubt, or
  • whether you had a reasonable excuse for failing to comply.

The amount of the penalty can also be challenged. Relevant matters may include

  • the seriousness and duration of the non-compliance,
  • the risk of harm,
  • your culpability, and
  • how quickly you completed the outstanding work.

Important: Although carrying out the required works after the deadline will allow you to ask the local authority to revoke the improvement notice under section 16(1), it does not, by itself, extinguish liability for an earlier failure to comply within the deadline set by the notice.

The post Improvement notices and the consequences of non-compliance appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[The new deposit trap for Section 8 possession claims]]> https://www.landlordlawblog.co.uk/?p=97095 2026-09-18T15:17:07Z 2026-09-19T07:12:31Z Most landlords should be aware that when taking a deposit, it needs to be protected in a scheme. The deposit protection rules have been in force since April 2007, so there is no excuse for non-compliance. Although many landlords do, in fact, fail to comply. The old section 21 penalty In the past, the failure
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The post The new deposit trap for Section 8 possession claims appeared first on The Landlord Law Blog.]]> Deposit protection and possession claimsMost landlords should be aware that when taking a deposit, it needs to be protected in a scheme. The deposit protection rules have been in force since April 2007, so there is no excuse for non-compliance.

Although many landlords do, in fact, fail to comply.

The old section 21 penalty

In the past, the failure to protect a deposit was a bar to obtaining possession under the ‘no- fault’ section 21 ground.

However, section 21 is now gone. But this does not mean that failure to protect does not affect a landlord’s ability to obtain a possession order.

The new rules

Section 215 of the Housing Act 2004 has been amended by the Renters Rights Act 2025. This now provides that where a deposit has been paid in respect of an assured tenancy, a court may only make an order for possession if

  • “the tenancy deposit is being held in accordance with an authorised scheme”
  • “such requirements of the scheme as fell to be complied with by the landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit”, and
  • “the requirements of section 213(5) and (6)(a) have been complied with” – this means the prescribed information must have been served

However, strict compliance with the 30-day time limit is no longer required for the purpose of obtaining a possession order. Section 215(2) makes this clear. Landlords protecting late will still be able to obtain a possession order, so long as the deposit is protected before the court hearing.

So if a landlord has failed to protect:

  • He can still issue a valid Section 8 notice
  • He can still issue proceedings for possession, but
  • His claim will only succeed if the deposit is protected before hearing date.

Which possession grounds are affected?

All of them except

  • Ground 7A – a mandatory ground based on serious anti-social behaviour, and
  • Ground 14 – a discretionary ground based on nuisance, annoyance, illegal or immoral use and certain criminal conduct.

So what should a landlord who has failed to protect do?

1. Protect the deposit in an authorised scheme, comply with the scheme rules and serve the prescribed information.

However, check the scheme to see what its rules say about late protection.  Or,

2. Return the deposit.

This can be in full or subject to deductions which have been agreed with the tenants.  Or,

3. Resolve an existing deposit claim

If the tenant has brought a claim for the penalty under s214, the restrictions end once this has been resolved. This can either be by a court order or by agreement.

However, if you are settling the case, you need to take care with the wording of your agreement.

The Penalty will still apply

It’s probably worth saying here that although late protection removes any bar from the court making a possession order, it will not protect you from a claim by tenants for the penalty for non-compliance.

Tenants can bring a claim if the deposit is unprotected on the 31st day after payment, any time up until the claim is statute-barred six years later.

Focus on rent arrears claims

Most landlords bringing a claim for possession will be basing it on the mandatory rent arrears ground, ground 8.

The conditions for this are that

  • The arrears are at least three months’ rent or thirteen weeks’ rent at the date the section 8 notice is served, and
  • Before the court makes its possession order, and
  • The rent must be ‘lawfully due’ and
  • Any part of the arrears figure due to unpaid Universal Credit must be ignored

The claim is also vulnerable to the tenant counter-claiming. This includes a claim for the penalty for non-protection of the deposit, which in some cases can wipe out or substantially reduce the arrears figure.

So if the landlord is evicting on the rent arrears ground, and has failed to protect the deposit, even if it is protected before the hearing, they cannot be 100% certain of obtaining an order unless the arrears are at least three months’ worth + 3x the deposit sum (the maximum award under the deposit rules).

The court may not make the maximum award, but you cannot be certain of this.

Landlords can always claim possession under the discretionary grounds 10 and 11 (which can be for any rent arrears figure), and these are routinely added to possession claim forms.

However, even if the court is willing to make an order, this is likely to be a suspended order. The court can also stay or suspend the order as it sees fit. Whereas, where possession is obtained under a mandatory ground, possession cannot be stayed or suspended for more than 6 weeks after the order was made.

A checklist for landlords:

Before serving your section 8 notice, you should check the following

  • Was a deposit taken?
  • Was it protected within the applicable time limit?
  • Have the scheme’s initial requirements been satisfied?
  • Was complete and accurate prescribed information given to the tenant and every relevant person?
  • Can compliance be proved?
  • Is a deposit penalty claim already threatened or underway?
  • Could the penalty reduce the arrears below the Ground 8 threshold?
  • Should the deposit be protected late or returned before proceedings continue?

And finally

Although section 21 is no longer with us, deposit protection is critical for landlord success in most possession claims.

So landlords and agents should always check this before serving the section 8 notice – and not afterwards!

Landlord Law members will find further guidance on these matters on Landlord Law, plus if they have a problem, they can ask me about it in our members forum area.

The post The new deposit trap for Section 8 possession claims appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #454]]> https://www.landlordlawblog.co.uk/?p=97074 2026-09-18T08:06:55Z 2026-09-18T08:06:55Z Another week and another Landlord Law Newsround, let’s see what the team has found in the news this week. Government questioned over data integrity The government was questioned over how they intend to share landlords information between the new PRS Database and the Landlord Ombudsman. Housing Minister Matthew Pennycook admitted that it is not yet
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The post Landlord Law Newsround #454 appeared first on The Landlord Law Blog.]]> Landlord Law Blog NewsroundAnother week and another Landlord Law Newsround, let’s see what the team has found in the news this week.

Government questioned over data integrity

The government was questioned over how they intend to share landlords information between the new PRS Database and the Landlord Ombudsman. Housing Minister Matthew Pennycook admitted that it is not yet known how this will work.

The Ombudsman will be sharing information of non-compliant landlords with local authorities, the new database will hold information on landlords but have not detailed yet how much of that a tenant will be able see. There is concern that as many landlords are private individuals they may not want all their information public but will be compelled to register.

Sean Hooker, Head of Property Redress Scheme said

Neither property agents nor private landlords have a regulator yet and without this safeguard the government is wise to tread carefully and not rush through a scheme without considering these challenges.

The new database will not be a regulatory or enforcement agent.

Landlords tenant selection process becomes more vigorous

Stats out this week show that more and more landlords are taking extra steps and being more careful when taking on new tenants which is being driven by the lack of confidence they have in the eviction process post Renters’ Rights Act.

The survey carried out by The Lettings Hub claim that 95% of letting agents have no confidence in the court system especially in the time it now takes to evict a tenant through the court system. However, Beth Richardson Head of Operations at The Lettings Hub claims that ‘excessive caution risks shrinking the supply of houses’.

She goes on to say that landlords should ‘reference tenants thoroughly and use professional guarantors’, further adding that landlords should have ‘practical guidance on the new possession process’.

EPC’s to be sympathetic to a property’s characterisitics

Martin McCluskey the Energy Minister has stated that the new EPC reforms will take into account ‘the characteristics of each property’ and that an ‘enhanced exemption regime’ has been drafted.

He added that any energy improvements undertaken prior to 2030 to achieving an EPC C before 1 October 2029 will be ‘recognised as compliant until the EPC expires or is replaced’. He added that

The government has also announced the maximum expenditure required and is designing an enhanced exemptions regime, recognising that efficiency improvements need to be sensitive to the characteristics of each property. We will set out more detail in guidance and regulations.

Industry leaders have previously raised their concerns that ‘one-size-fits-all’ approach will not work, where in some properties improvements for energy are not practical or even possible due to the fabric of the building.

Snippets

Rising rents are contributing to rough sleeping claims government
Rogue agent used landlords’ properties to run drugs empire
Lower proportion of complaints upheld by Housing Ombudsman in 2025/26
Shrinking PRS claims exaggerated, report finds
Updated health and safety guide published by government

Newsround will be back again next week

The post Landlord Law Newsround #454 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #453]]> https://www.landlordlawblog.co.uk/?p=97054 2026-09-11T07:32:23Z 2026-09-11T07:32:23Z Welcome to our Newsround, let’s see what has been trending in the news this week. Landlord Database – dates & details now published The government has now announced details of the landlord database that all landlords will need to register with. It launches on a roll-out basis on December 15th this year in the West
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The post Landlord Law Newsround #453 appeared first on The Landlord Law Blog.]]> Landlord Law Blog NewsroundWelcome to our Newsround, let’s see what has been trending in the news this week.

Landlord Database – dates & details now published

The government has now announced details of the landlord database that all landlords will need to register with. It launches on a roll-out basis on December 15th this year in the West Midlands first. Each region has its own deadline date for registering, with a three month window to sign up.

Registration is a legal requirement, and fines will be issued for those that fail to register. Only properties currently let will need to register, but unoccupied properties will need to be registered prior to advertising. The cost will be £66 per property, renewable each year.

Matthew Pennycook, Housing Minister, said

Rollout of a national landlord registration service is an important first step toward establishing our new innovative database of private rented sector properties which will empower tenants, support responsible landlords

You can read more here along with rollout dates and other industry-leading views.

Court delays are not improving

It appears that the delays in the court system are not improving. A Landlord has called out the court system as ‘a fallacy’ when the courts ordered his tenant to leave by 21st August this year, but his solicitor did not receive the notification until the 4th September. Furthermore, the order was dated 27th August – six days after the tenant should have vacated the property.

The Ministry of Justice has released new figures stating that possession claims were down from 98,766 to 91,093 in 2025. However, claims are taking even longer to process. The average repossession claim is taking up to 27 weeks; this is up from 25 weeks in the previous year. This now stands at the longest wait time in 20 years.

The government announced this week that the HMRC Valuation Office will take over rent challenges and rent increases, which they say will free up the tribunals. You can read more on this here.

Landlords of short lets: new registration scheme

The government has announced this week that landlords in England who manage short-term lets such as holiday lets will have to sign up to a national register from March next year. They will need to provide information on themselves and their accommodation along with a fee.

Lisa Nandy, Digital, Culture, Media and Sport Secretary, said that this will enable councils to strike the right balance between tourism and local housing whilst enabling councils to carry out enforcement on non-compliant short let accommodation.

Scotland already has a similar scheme in place, and Wales short let landlords will have to start registering with the Welsh Revenue Authority from October this year.

Trade body issues warning over licensing requirements

Propertymark, the lettings agent trade body, is reminding all letting agents and landlords to keep up to date with their local councils’ licensing requirements as penalties have risen substantially since the commencement of the Renters’ Rights Act.

They say agents and landlords need to watch not only licences but also any other Article 4 Directions a council may bring into force. It is not only civil penalties that can be incurred but also rent repayment orders demanding anything up to two years’ rent.

They are calling for more coherence between national and regional regulations, as regulation becomes more and more complex Tim Thomas, Senior Policy and Campaigns Officer said

Agents and landlords need to be absolutely clear about whether a property requires a licence, what conditions apply and who carries responsibility within the ownership and management structure.

Propertymark ask that their members engage fully with council consultations to ensure it benefits both landlords and tenants and does not just keep increasing the regulatory burden.

Note that Landlord Law members will find comprehensive information and guidance on local authority powers and how to deal with the new rules in our Dealing with Local Authority Enforcement Kit.

Snippets

Council slams rogue landlords who are ‘quick to collect their rent’
Government defends Making Tax Digital for landlords
Future landlords will be younger, female and more diverse
England’s housing courts at breaking point as renters battle no-fault evictions

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #453 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Why links and late documents will not help you at a rent tribunal]]> https://www.landlordlawblog.co.uk/?p=97060 2026-09-07T14:18:58Z 2026-09-07T14:18:58Z Since 1 May 2026, the rules regarding the rent that landlords can charge under assured tenancies have changed substantially. A rent increase can only be made using the statutory rent increase procedure using Form 4A This can be challenged by tenants requesting the tribunal determine an open market rent for the property, so long as
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The post Why links and late documents will not help you at a rent tribunal appeared first on The Landlord Law Blog.]]> Preparing your evidence for tribunalSince 1 May 2026, the rules regarding the rent that landlords can charge under assured tenancies have changed substantially.

  • A rent increase can only be made using the statutory rent increase procedure using Form 4A
  • This can be challenged by tenants requesting the tribunal determine an open market rent for the property, so long as the application is made before the new rent is due to start
  • Tenants of new tenancies can also apply for an open market rent determination during the first six months of their tenancy

We discussed this in my previous post here.

The new rules mean that landlords must be prepared to justify rents set and be in a position to support them by providing details of comparable properties.

If an application for an open market rent is made, landlords must then be sure to comply with the rules. This is illustrated by a useful First Tier Tribunal decision. The property was 8 Pierhead Lock.

What happened in the case?

The existing rent was £2,700, and the landlord served notice proposing to increase this to £3,100 per month. The tenants applied for an open market rent determination, arguing that the rent should remain at £2,700.

  • The landlord failed to submit their form MR2 (which is the form landlords should use to respond to the tenant’s claim and present their arguments).
  • The tenants referred to comparable properties but provided the details by links. The Tribunal said that it would not follow links and required parties to provide the full details in their representations.
  • On the morning of the hearing, the Tribunal also received a document entitled “Additional Hearing Bundle”. Although it opened the email, the Tribunal declined to open or consider the material within it because it had been received too late.
  • The Tribunal determined a market rent of £2,700.

There are a number of important lessons to be learned from this case. Not so much about the assessment of the rent, but about tribunal procedure.

Lessons to be learned:

Lesson 1 – do not ignore tribunal paperwork

In this case, the landlord failed to submit their Form MR2. If you are looking to increase a tenant’s rent, then if this is challenged to tribunal, you should be able to produce evidence to support this. The proper place to do this is in Form MR2.

Lesson 2 – send evidence, not just links

In this case, the decision expressly says

The Tribunal does not follow links and requires each party to provide the full details in their representations.

In practice, this means that if you are looking to rely on a listing in Rightmove or another portal, you should download or take screenshots of the full particulars of the listing, including address, asking or achieved rent, date, size, accommodation, floorplan, condition and furnishings. Listings can be changed or removed before the Tribunal considers the case.

Include the date when the information was obtained and explain why you consider it is comparable.

The Pierhead case makes it clear that the Tribunal will not follow links.

There may be security reasons why Tribunal members will not follow external links. However, the more fundamental problem is that links can expire, change or lead to material which is different by the time the case is considered.

Lesson 3 – asking rents are not necessarily market evidence

The fact that a property is advertised at £X does not mean that will be the rent which is ultimately agreed. If possible, evidence of recently achieved rents will be more useful.

If you have only asking-rent evidence, make this clear and do not describe the property as having been “let” at that rent.

Lesson 4 – explain the differences between properties

In the Pierhead case, the tribunal considered that newer developments close by were better properties and offered better facilities.

Properties with the same number of bedrooms are not necessarily comparable. Differences in size, condition, age, location, parking, balconies, views, furnishings and services such as a concierge or gym may substantially affect the rent.

Do not leave the Tribunal to identify these differences. Explain whether each comparable is better or worse than your property and how this affects the weight which should be given to it.

Lesson 5 – provide evidence about your own property

In the Pierhead case, the tribunal did not inspect the property. So it was reliant on evidence provided by the tenants, Google Street View and its own expertise.

If you do not provide details of the property yourself, the tribunal may make its decision without knowing about features which support your proposed rent.

Lesson 6 – Submit your evidence on time

An Additional Hearing Bundle was received on the morning of the hearing, but the Tribunal refused to consider it because it had been provided too late.

Time limits will be given by the tribunal in its notifications to parties. It is important that you comply with these.

Lesson 7 – if you don’t support your rent, you cannot expect the tribunal to help you

Tribunal members do have their own experience and valuation expertise. However, you should not expect them to make your case for you. If you are unable to support your rent, why should the tribunal?

Use this checklist before submitting your response:

  • Have I complied with all the tribunal’s directions?
  • Will my paperwork and evidence reach the tribunal before the deadline set?
  • Have I provided documents and screenshots rather than links?
  • Have I distinguished asking rents from achieved rents?
  • Are my comparable properties genuinely similar?
  • Have I explained all material differences?
  • Have I provided proper information about my own property?
  • Have I explained to the tribunal how the evidence I have submitted supports the rent I am asking for?
  • (If you are required to provide a bundle) Is my bundle properly indexed and paginated?

And finally

The landlord in the Pierhead Lock case wanted to increase the rent by £400 per month but provided no evidence (or evidence which the tribunal could take into account) to support the increase.

We can’t know if the tribunal would have reached a different conclusion with proper evidence, but without it they had little reason to accept the increase.

If you do provide evidence, make sure you comply with the tribunal’s directions otherwise, it may not be allowed. Submit it on time, include the actual documents and explain why they support your proposed rent.

You will find the Pierhead decision here.

Note that detailed guidance on setting rents for your property and dealing with tribunal challenges can be found in the Landlord Law Market Rent and Tribunal Kit.

The post Why links and late documents will not help you at a rent tribunal appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #452]]> https://www.landlordlawblog.co.uk/?p=97032 2026-09-04T08:10:35Z 2026-09-04T08:10:35Z Welcome to our first Newsround for September where we find no shortage of housing news this week. Landlords’ request for a guarantor increases An interesting report claims that more than half of all landlords are now requesting a guarantor if the tenants’ affordability checks are not easily met, where previously they would have taken more
Read more

The post Landlord Law Newsround #452 appeared first on The Landlord Law Blog.]]> Landlord Law Blog NewsroundWelcome to our first Newsround for September where we find no shortage of housing news this week.

Landlords’ request for a guarantor increases

An interesting report claims that more than half of all landlords are now requesting a guarantor if the tenants’ affordability checks are not easily met, where previously they would have taken more than one month’s rent upfront and now cannot due to the Renters’ Rights Act.

51% of tenants say they would seek a cheaper property if they were asked to provide a guarantor and 16% would stop looking for a property. LRG, a lettings agent, said that there is ‘a significant gap in awareness’ of what is available for tenants if they are asked to provide a guarantor.

Here at Landlord Law we have our own comprehensive Guarantee Deed, members can read about it and create their own form here.

Outdoor space appeals to tenants

Rental properties with outdoor space attracts more tenants than those without, claims a new survey by CIA Landlords. 36.2% of the 72,930 surveyed had a garden. Leeds came out lowest at only 25.7% of rentals with gardens and Edinburgh was the highest with 55.5% of properties with outdoor space.

Almost three quarters of tenants take this into consideration when looking for a property to rent. Landlords, however, need to be clear to tenants on who is responsible for the maintenance and upkeep of a garden.

Rent tribunal cases surge

There is now a claim that the balance of power has now shifted to the tenant where rent increases are concerned since the Renters Rights Act come into force.

Letting agents Hamptons state that there were 166 rent tribunal cases in July this year compared to 44 in July 2025. The monthly court average was 42 decisions to late April 2026, but this has increased significantly to 129 in June.

Tenants are using this route to dispute a pay increase because it is relatively cheap for them to do so, and whilst waiting for a hearing it can delay an increase for another two or three months, and once heard, even if they lose, the rent increase (at the moment) cannot be backdated.

Hamptons say

Any proposed increase must be supported by robust evidence of market rent, including comparable local lettings, property condition, location, amenities and recent rental transactions. A clear audit trail showing how the figure was reached and ensure strict compliance with the statutory section 13 process will need to be kept.

Here at Landlord Law we have introduced the Landlord Law Market Rent and Tribunal Kit, which will help landlords navigate the new rental landscape.

The student rental market is uncertain

As we start the new academic year within the new Renters Rights Act, there is concern that the ban on rent in advance is impacting both international students and landlords. Landlords can only accept one month’s rent in advance, whereas international students or those struggling to find a guarantor can no longer pay seven months or more rent up front.

Neil McGimpsey, chief operating officer of Lomond, said

The act limits landlords to requesting one month’s rent in advance, meaning some students are struggling to provide financial assurances and therefore are finding it difficult to access the market.

Furthermore, with no more fixed-term tenancies, tenants can leave once their exams are over, leaving landlords with void periods and uncertainty.

The government, however, sees this as a positive move for giving students more flexibility, enabling them to ‘move as and when their circumstances change’.

Solar plug-in awareness for landlords

And, a final note this week on the new plug-in solar panel systems that were launched last week following changes from the government. These systems can be installed by households and plug directly into to a standard socket; they do not require a qualified electrical installer.

A warning from Risktop, a risk assessment specialist, that landlords need to make sure that they are secured correctly in external areas, will withstand high winds and bad weather and do not pose a risk hazard to others. Suitability and a risk assessment should be undertaken by landlords, and tenants should ask for landlord approval before installing them to ensure product compliance and correct installation.

No doubt we will be hearing more about these in the times to come.

Landlord Law members can find out more in our new FAQ on this.

Snippets

Landlord costs surge as income stalls – HMRC
Tenancy deposit reform ‘overlooks’ estimated £750m
HMO landlords are planning £10,000 upgrades
Croydon postpones licensing schemes at eleventh hour

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #452 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Blog roundup for August]]> https://www.landlordlawblog.co.uk/?p=96937 2026-09-01T08:43:59Z 2026-09-01T08:43:59Z Here are all our posts for August. Saturday 1st August Landlord Law Blog Roundup for July All our blog posts for July Monday 3rd August Tenants! The Renters’ Guide is live again and updated for the Renters’ Rights Act Visit my Renters Guide via new new and updated website for tenants Friday 7th August Landlord
Read more

The post Landlord Law Blog roundup for August appeared first on The Landlord Law Blog.]]> Here are all our posts for August.

Saturday 1st August

Landlord Law Blog Roundup for July

All our blog posts for July

Monday 3rd August

Tenants! The Renters’ Guide is live again and updated for the Renters’ Rights Act

Visit my Renters Guide via new new and updated website for tenants

Friday 7th August

Landlord Law Newsround #448

Our first Newsround for August

Friday 14th august

Landlord Law Newsround #449

Read our weekly Newsround blog

Sunday 16th August

How should landlords respond to AI generated tenant complaints?

Read my blog on AI use from your tenant

Monday 17th August

The hidden Rent Act problem with the Decent Homes Standard

My thoughts on a hidden issue with the Renters’ Right Act

Friday 21st August

Landlord Law Newsround #450

Read our weekly Newsround

Monday 24th August

Introducing the new Landlord Law Daily Tips service

Sign up to our new service to get a tip via email every morning!

Friday 28th August

Landlord Law Newsround #451

Our last Newsround for August

Landlord Law News Blog

Further Reading

For more housing news, follow me on Instagram and the Landlord Law Facebook pageGet it direct

Click here to get the weekly roundups sent direct to your email ‘in box’ every week – the easy way to keep up with what’s happening on the blog

The post Landlord Law Blog roundup for August appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #451]]> https://www.landlordlawblog.co.uk/?p=96991 2026-08-28T09:51:14Z 2026-08-28T09:51:14Z Welcome to our last Newsround for August. Let’s see what has been in the news this week. Increase in guarantor demand Since the start of the Renters Right Act which bans landlords taking rent in advance there has been a gradual increase in tenants being asked to provide a guarantor. 37% of tenants are unaware
Read more

The post Landlord Law Newsround #451 appeared first on The Landlord Law Blog.]]> Welcome to our last Newsround for August. Let’s see what has been in the news this week.

Increase in guarantor demand

Since the start of the Renters Right Act which bans landlords taking rent in advance there has been a gradual increase in tenants being asked to provide a guarantor.

37% of tenants are unaware what a guarantor is but now landlords Housing Hand Managing Director, Graham Hayward says

The fact that tenants no longer have the option to pay several months’ rent upfront is driving (guarantor) demand, with landlords now seeking an alternative form of security.

Housing Hand’s claim that 37% of renters would not know what to do if they could not pay their rent, and 33% of renters do not plan their finances for their future.

Tribunals back tenants in rent disputes

New analysis out this week by LonRes states that the average wait time from application to hearing a case at a rent tribunal is now 96 days; this increases to 142 days in London. Furthermore, two-thirds of rent tribunal cases have been ruled against the landlord, new court figures show.

Since January 2025, there have been 1,325 rent disputes, of which 73% were ruled that the proposed rent was too high, and only 18% agreed the proposed rent. 47% that went to a tribunal hearing had evidence-based discrepancies in rent increase cases.

Chris Welch of LonRes said

It can be both a costly and time-consuming process for a landlord and underscores the importance of setting rent rises correctly from the onset and importantly with a firm evidence base.

A tribunal will never set a higher rent; it will set the rent either lower or the same as what the landlord has stipulated in their notice form, but this does emphasise that landlords need to get their evidence watertight and accurate before commencing a rent increase.

Note that we are developing a new Landlord Law kit to help landlords research and set their rents and deal with tenants tribunal applications.  This should be ready shortly.

Longer delays for repossessions

Since the Renters’ Right Act came into force on 1st May this year, landlords regaining their property back claim that it is now more problematic, with 25% saying it is more challenging.

39% of landlords are now a lot more cautious when vetting a new tenant, and 9% are spending more time trying to retain good tenants. This is according to a survey carried out by Goodlord. Further research found that 41 out of every 1000 tenancy applications were suspected as fraudulent between July 2025 and June this year.

23% of landlords have seen their agent letting fees increase, and 29% have been impacted by the stricter compliance regulations and insurance costs.

Snippets

MP’s demand tougher penalties for housing associations
Council vows to ‘come after’ neglectful landlords 
Letting agent accused of leaving landlords and tenants out of pocket
Rent controls could cut supply and trap families in unsuitable homes
London landlords’ latest tactic: Inverse bidding wars

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #451 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Introducing the new Landlord Law Daily Tips service]]> https://www.landlordlawblog.co.uk/?p=96994 2026-08-21T13:50:44Z 2026-08-21T13:50:44Z There seems to be a relentless barrage of new rules, laws, court and tribunal decisions and news items relating to the private rented sector coming out on a daily basis. How can you possibly keep up? Enter the Landlord Law Daily Tips service To help, I am setting up a new service where people can
Read more

The post Introducing the new Landlord Law Daily Tips service appeared first on The Landlord Law Blog.]]> Daily Tips There seems to be a relentless barrage of new rules, laws, court and tribunal decisions and news items relating to the private rented sector coming out on a daily basis.

How can you possibly keep up?

Enter the Landlord Law Daily Tips service

To help, I am setting up a new service where people can sign up to get a new tip via email every morning, normally at 7.00 am.

Each tip will be short – something you can read in less than a minute.  And it will alert you to something relevant.

For example:

  • A legal requirement you may not be aware of
  • An important new court or tribunal decision
  • A new Local Authority licensing scheme
  • An approaching deadline
  • A useful government publication, or
  • A practical step which, if taken now, could avoid problems later

Tips will sometimes link to Landlord Law content if this is relevant.

So how do you get them?

Easy! The service is free, but you have to sign up first.

Signing up will also give you our weekly Tuesday bulletin, which has more detailed information about developments in the PRS.

Note, by the way, that if you are already a member or signed up to one of our other services, you will still need to sign up for the tips separately.

Sign up for the daily tips here

I hope you find them helpful.

The post Introducing the new Landlord Law Daily Tips service appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[Landlord Law Newsround #450]]> https://www.landlordlawblog.co.uk/?p=96967 2026-08-21T07:44:40Z 2026-08-21T07:44:40Z Weekly news and a little bit more with Landlord Law Newsround this week. Let’s see what has caught the teams’ eye. Council consults on tougher and higher fines Bath and North East Somerset council has started a consultation which will run until 23rd September to increase fines up to 50% where there has already been
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The post Landlord Law Newsround #450 appeared first on The Landlord Law Blog.]]> Landlord Law Blog NewsroundWeekly news and a little bit more with Landlord Law Newsround this week. Let’s see what has caught the teams’ eye.

Council consults on tougher and higher fines

Bath and North East Somerset council has started a consultation which will run until 23rd September to increase fines up to 50% where there has already been a breach for non-compliance.

They want to increase fines to start at £20,000 for electrical failures (standard penalties start at £12,000). Property licence non-compliances and over-occupation would also start at £20,000. Failure to produce a legal document would start at £ 3,000, with £12,000 fine for failing to provide a safety certificate. These fines could be adjusted by 20% upwards depending on how many properties the landlord has.

The council would offer up to 50% reduction for co-operation, early admission and complying with any remedial work within 28 days.

The Renters’ Rights Act gave councils new enforcement roles, a spokesperson said that this new policy will ensure ‘enforcement is fair, transparent and proportionate.

Rent arrears at an all-time low – claim

A report published claims that rent arrears are at their lowest level on record. Pegasus Insight states that 26% of landlords had rent arrears in the past year, which is down from 30%. Furthermore, 86% of landlords have made a profit, which is an increase of 2% from the previous quarter. This brought in rental yields of 7.02%.

Lisa Steele, Mortgage Lending Director of Paragon Bank said

Most tenants continue to meet their rental commitments, most landlords report operating profitable businesses and those are the factors that have the greatest influence on day-to-day confidence.

This is despite the Renters’ Rights Act coming into force this year, bringing many more new challenges for landlords.

Government begins recruitment of judges

It was announced this week by Sarah Sackman, Minister for the Courts and Legal Services that the government has begun recruiting 1,000 new judges and tribunal members due to the increase in demand following the Renters’ Rights Act becoming law. She has further advised that all courts will be digitised by May next year. Two new digital hubs will be created one for possessions and one for the Residential Property Chamber (still under development).

The digital possession process will be an online service for possession claims, with all relevant paperwork capable of being submitted electronically, thus cutting down delays. The minister is also setting up a non-judicial body that will determine relevant rents for each area, which, they claim, will reduce pressure on the First Tier Tribunal. This is still in its early stages though.

Pets in rentals on the rise

Younger renters have seized the opportunity to welcome a pet into their rental home, with 18% 25-34 year olds taking on a pet, with 37% planning on a pet later this year. Older renters are less inclined to take on a pet with 64% of over 55 year olds saying they have no intention of taking on a pet.

And more encouragingly, tenants are taking their pet responsibilities seriously with 93% taking active to protect their rental home against pet damage, such as fitting door gates (39%) keeping pets out of certain rooms and deep cleaning their properties during their tenancies (52%) if they take on a pet.

A spokesperson for Simply Business, who carried out the survey, said renters are taking on the responsibility seriously. Landlords can claim for pet damage via the deposit; landlords cannot force tenants to take out pet insurance under the Renters’ Right Act.

Do you have properties in Telford and Wrekin?

If so, did you know that a borough-wide additional HMO licensing scheme comes into force on 25 August 2026? It covers HMOs occupied by three or more people forming two or more households, including section 257 converted blocks.

So, for example, a property with three unrelated friends—or a couple sharing with one unrelated person—will normally require a licence. The standard fee for three- or four-person HMOs is £1,522.42, with the council’s current page offering a 10% discount for complete applications submitted by 24 August.

Find out more.

Snippets

Royal rentals fail minimum energy standards
What you should do if you missed Making Tax Digital deadline
Shock safety failures of Salford’s unregistered HMOs
Lewisham’s rogue landlord crackdown sends a warning to the PRS
Why dodgy doors are the latest casualty of the UK heatwaves

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

 

The post Landlord Law Newsround #450 appeared first on The Landlord Law Blog.]]> 0 Tessa Shepperson http://www.landlordlawblog.co.uk <![CDATA[The hidden Rent Act problem with the Decent Homes Standard]]> https://www.landlordlawblog.co.uk/?p=96979 2026-08-17T18:17:53Z 2026-08-17T18:17:53Z The Renters Rights Act 2025 so far has had little impact on protected and statutory tenancies. These are tenancies which originated before 15 January 1989 and so come under the jurisdiction of the Rent Act 1977. As no new protected tenancies have been created since 15 January 1989, they are a diminishing category of tenancy.
Read more

The post The hidden Rent Act problem with the Decent Homes Standard appeared first on The Landlord Law Blog.]]> Decent repairs, rising rentThe Renters Rights Act 2025 so far has had little impact on protected and statutory tenancies. These are tenancies which originated before 15 January 1989 and so come under the jurisdiction of the Rent Act 1977.

As no new protected tenancies have been created since 15 January 1989, they are a diminishing category of tenancy.

Indeed, many people are unaware that they exist.

However, a significant number remain—and because of their extensive security of tenure and succession rights, they are likely to be with us for some time.

The forthcoming Decent Homes Standard

Although the Renters Rights Act has changed practically nothing for protected tenants so far, this is likely to change with the coming into force of the new Decent Homes Standard.

The government confirmed in January 2026 that the new standard will apply to the social and private rented sectors from 2035. The standard itself has now been published, although further detailed guidance and implementing arrangements are still awaited.

It is intended to apply to protected tenancies as well as assured and social tenancies. Although this is subject to regulations we have not seen yet.

Some landlords may consequently have to undertake substantial works, particularly where properties have not been modernised for many years.

This will present a problem for protected tenants.

The current limits on fair rents

All protected tenants  (and their landlords) can apply to have a ‘fair rent’ registered, which then is the only rent which can be charged.

Fair rents were initially intended to be based on market rents, but with important statutory adjustments—including the assumption that there is no substantial excess demand for similar accommodation in the wider locality.

However, from the 1970s onwards, with most tenancies protected, fewer true market rents were available for comparison. So rents tended to drift down and down.

Only after the 1988 Housing Act came into force, when landlords could set market rents, did rent officers have more open-market evidence available. Fair-rent assessments consequently began to rise, sometimes dramatically.

This caused great distress and hardship to protected tenants, many of whom were elderly and on fixed incomes.

As discussed in my post here, the government responded by passing the Rent Acts Maximum Fair Rent Order in 1999, which limited the amount by which a fair rent could be increased.

This greatly annoyed many landlords, and the legislation was challenged in the courts in a case which was eventually unsuccessful. However, the regulations undoubtedly helped many elderly tenants who otherwise would have been in difficulties.

The exception to the rule

The Maximum Fair Rents Order did have one exception though – it does not apply where landlord-funded repairs or improvements have changed the condition of the property, and that change alone would have increased the previously registered rent by at least 15%.

At the moment I understand that many protected tenants resist landlord improvements because they fear the works will lead to an unaffordable rent increase.

However, once the Decent Homes standards come into force, landlords will not be able to ignore this or respect tenants’ wishes. They will have to comply or risk enforcement action by the Council.

I can see this creating enormous problems for their tenants. Not unnaturally, landlords will want some reward for the works they will be obliged to carry out, which in many cases will be expensive.

However, the resulting rental increase could result in tenants falling into arrears and maybe risking eviction and even homelessness.

Housing benefit may assist some tenants, but many elderly tenants may be unaware of this or unwilling to apply.

How can the government guard against this happening?

There are a few options:

  • amending the Maximum Fair Rent Order for works required solely to comply with new statutory standards;
  • phasing any resulting rent increases;
  • providing grants or low-cost finance for landlords;
  • providing targeted financial assistance and benefits advice for affected tenants; or
  • issuing clear guidance on how compulsory works interact with the fair-rent regime.

However, I can see strong objections from landlords to any restriction on rents, and indeed it is unfair to expect them to carry out expensive works with little or no resultant rent increase.

And finally

Improving housing conditions is of course desirable, as are the energy efficiency improvements which will also help tenants save on energy bills and enable them to have warmer and safer homes.

However, if the overall result is to increase rents and make them unaffordable for elderly tenants, then this needs to be reconsidered.

If requiring a landlord to improve a protected tenant’s home results in that tenant facing an unaffordable rent increase, one serious housing problem will simply have been replaced by another.

There is still time to address this before the Decent Homes Standard takes effect in 2035. Hopefully, the government will do so.

The post The hidden Rent Act problem with the Decent Homes Standard appeared first on The Landlord Law Blog.]]> 0