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Director’s Loan Account — What Happens if the Company Is Liquidated

In my last post, I talked about the effect of liquidation on a company’s directors, mentioning that one potential problem arises if a director has a Director’s Loan Account with the company. So, what exactly is a Director’s Loan Account, and what are the dangers if the company is liquidated? What Is a Director’s Loan Account? A director is entitled to draw funds from the company as a loan, and
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What’s the Position of Third-Party Guarantors Under a Part 26A Plan?

Two years ago, the government enacted Part 26A of the Companies Act 2006. The aim was to offer protection for companies during the Covid-19 pandemic, allowing the option of arranging a sanctioned restructuring plan. This includes the possibility of a moratorium on the company’s debts. However, one aspect of this not specifically covered by the Act, and not previously tested in court, is the position of third-party gu
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If You Have Great Tenants, You Want to Keep Them — Here’s How

The perfect balance for any landlord is to ensure a regular, unbroken income from your property with a minimum of effort and hassle. And the best way of ensuring that is to keep any good tenants you already have. The obvious advantage of keeping a good tenant is that you won’t have gaps in the rent coming in, but there are other benefits. If the tenancy isn’t constantly changing, you’ll be spending
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The Moratorium Ends — The Start of Back to Normal for Landlords?

Early in the pandemic, the government brought in a moratorium on evictions for rent arrears. While this was good news for tenants struggling to pay, often through no fault of their own, it’s been a nightmare for some landlords, who have been unable to do anything about lack of rent. From 1st June, however, the moratorium no longer applies — but is this really back to normal for landlords? The History of the Mor
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Property Inventories — Not Just Lists

A landlord has a lot to do at the start of a tenancy, and it can be tempting to treat the inventory as just one more tick in a box. If you’re lucky enough to have a model tenant, that might be enough — but any problem during the tenancy can make a full and detailed inventory crucial. And that can include the need for photo and video evidence. Why Are Photos and Videos Necessary for an Inventory? If a dispute sh
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How Is Enforcement Being Handled During the Lockdown?

During the first Covid-19 lockdown, we were in unknown territory, and rules had to be worked out on the go. This time, we’re more used to being locked down, and regulations (many of which are much the same as for tiers 2 and 3) have been put quickly in place. And this includes the regulations for enforcement visits for writs of control, writs of possession and serving eviction orders. The Rules for Writs of Con
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Rents and Evictions — What Can and Can’t You Do During the Coronavirus Crisis?

As you’re no doubt aware, in March the government brought in measures effectively preventing landlords from evicting tenants during the coronavirus lockdown. This was originally intended to run until this month, but the government has now extended the moratorium on evictions until 23rd August 2020. What Does This Mean for Me? One expected announcement that hasn’t materialised is that tenants would be gran
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tenancy-deposit

Tenancy Deposits — Make Sure You Don’t Get Caught Out

Since 2007, residential landlords failing to register a deposit taken from the tenant can be fined. Perhaps more seriously, though, they can have problems recovering possession of the property. Here are some of the main points. The Landlord’s Obligations Under section 213 of the Housing Act 2004, when a residential tenant pays a deposit for an Assured Shorthold Tenancy, the landlord has thirty days to register it wit
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How to evict a Tenant

    As a landlord, you have the right to evict tenants from your properties. However, there are many rules and regulations you must follow to ensure you do this lawfully. For example, you can’t just knock on a tenant’s door and demand they leave the premises right there and then. There’s a whole systematic process that needs to be followed before an eviction can legally occur and the easiest way is to
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WRONG PAPERWORK CAUSES DELAY IN EVICTING PROBLEM TENANTS

Every Landlords worst nightmare are problem tenants What do you do when a tenant stops paying rent? You either run to the court or even your solicitor with a load of papers crying that you want him/her out of your property, preferably the following day. “It ain’t going to happen”. Irrespective of whether you have correct paperwork in place, or not, at the commencement of the tenancy this action could take not weeks b
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