Landlord Lessons Finale: Property is a business, not passive income

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Landlord Lessons Finale: Property is a business, not passive income

Across this series, we have explored dozens of mistakes that landlords often make, from deposit protection errors to licensing oversights and safety documentation failures. Each of these stories highlights one truth that experienced landlords already understand: being a landlord is not passive income. It is a business that demands ongoing effort, knowledge and compliance. The reality is far removed from the simplified picture sometimes suggested by HMRC or by political commentary that frames landlords as passive recipients of easy returns.

Running a rental property business involves managing customers in the form of tenants, responding to regulations enforced by councils and government departments, handling finances such as mortgages, tax and insurance, and protecting reputation. Like any business venture, success depends on diligence and planning. The risks are significant. A missed renewal or an invalid notice can cost thousands of pounds, while a failure to understand regulatory change can undermine years of careful investment.

This is why it is so important to tune out the noise from self-styled property gurus who promote the idea of passive income or quick wealth. There is nothing passive about ensuring compliance with the Housing Act, fire safety obligations, tax reporting requirements or dealing with urgent maintenance in the middle of winter. Nor is there anything passive about adapting to legislation such as reforms to Section 21, evolving EPC standards or the expansion of licensing schemes. Property investment can be rewarding, but only when it is treated as a professional business built for the long term.

The 35 lessons shared in this series represent only a fraction of the challenges that landlords face. They prove that systems, records and professional support are vital. They also reinforce that those who approach property as a serious business are the ones most likely to build sustainable returns. Those who treat it as a casual sideline or a shortcut to wealth are more likely to face costly mistakes.

The final lesson

If you want to succeed as a landlord, treat property investment with the seriousness of any other business venture. Respect the rules, invest in knowledge (here on Property118 of course!) and ignore those who sell the dream of effortless passive income. Property is not passive. It is a business that rewards commitment and professionalism.

Source: Gov.uk – Renting out a property guidance

This article concludes the Property118 series Landlord Lessons (for now!).

Catch up on all articles in the series

The AST date mistake

The missing inventory

The verbal agreement trap

The gas safety lapse

The unprotected deposit

The unlicensed HMO

The electrical safety lapse

The Right to Rent slip

The ignored repair

The insurance blindspot

The rent to rent risk

The Section 21 error

The Section 8 misstep

The selective licensing oversight

The EPC blindspot

The rent increase mistake

The service charge shock

The tax record slip

The guarantor gap

The referencing shortcut

The pet clause oversight

The fire safety lapse

The legionella neglect

The asbestos surprise

The DIY eviction disaster

The rent collection chaos

The repair retention row

The unserved notice oversight

The mortgage consent mistake

The licensing renewal lapse

The insurance disclosure failure

The safety certificate oversight

The tenancy agreement template trap

The licensing boundary blunder

The inventory handover failure

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Sell now or risk fines, bans and bankruptcy

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Property118

Sell now or risk fines, bans and bankruptcy

Two articles published on Property118 in recent days have sent a clear message to the sector. The most recent revealed the government’s newly published civil penalty tables, which show fines of up to £35,000 for breaches under the Renters’ Rights Act 2025.

https://www.property118.com/landlords-fines-renters-rights-act/

The second article , published a week ago, explained why acting early is now the safest way for landlords to protect their equity and avoid losing momentum during the crackdown.

https://www.property118.com/beat-the-crackdown-well-get-your-properties-sold-fast-for-the-maximum-amount-of-cash-in-the-bank/

Taken together, they paint a stark but accurate picture. The regulatory environment has changed. Enforcement has become sharper, faster and more financially damaging. A simple oversight that once might have resulted in a warning can now produce a penalty larger than a year’s rental income. In the most serious cases, councils can apply for a banning order that prevents a landlord from letting or managing any property at all.

These risks are not theoretical. They are written into government guidance and will be used by councils in determining penalties. A missed licence renewal, a possession notice served on the wrong ground or a documentation error can now escalate into a £12,000 fine, a £25,000 penalty or a £30,000 claim relating to possession misuse. For some landlords, a single mistake could wipe out an entire year’s profit or trigger a forced sale under pressure.

This is why more investors are choosing to sell now, before enforcement activity reaches them. Selling ahead of a breach protects capital, avoids regulatory complications and keeps the landlord in control of the timeline and price. The earlier Property118 article about beating the crackdown showed how the strongest sellers are those who act before forced circumstances arise. A planned exit always secures a better result than a reactive one.

Landlords with older stock, deferred maintenance, unclear documentation or properties in licensing zones face the highest exposure. Tenants now have multiple channels to raise issues. Councils have stronger incentives to intervene because they retain the penalty income. The combination means more investigations, earlier inspections and financially painful outcomes for anyone who has not maintained strict compliance.

Selling before this happens is not a retreat. It is a strategic decision to protect equity and avoid a regulatory ambush. The risk is no longer limited to low-level fines. A banning order can end a landlord’s ability to operate, revoke licences and place them on the national rogue landlord database. Once that happens, the ability to sell cleanly at market value disappears.

This is where Landlord Sales Agency offers a critical service. We specialise in fast, efficient sales that achieve strong prices without the months of uncertainty that normally accompany a traditional sale. We understand the market dynamics revealed in the Property118 articles and know that speed and certainty matter just as much as maximising value.

Landlord Sales Agency works with active buyers, portfolio investors and cash purchasers who are ready to proceed. Many sellers receive serious offers within days. The process is straightforward, confidential and designed to protect the landlord’s financial position.

For some landlords, the decision to sell is now a matter of risk management. For others, it is part of retirement planning or a move into different investments. Whatever the motivation, the logic is consistent. Selling before enforcement begins keeps control in the hands of the landlord, not the council.

You can sell now, while the choice is still yours. Or you can hold on and risk the fines, the bans and the financial consequences outlined clearly in the two Property118 articles.

If you want to explore a fast and safe exit, contact Landlord Sales Agency for a confidential discussion. It may be the most important financial decision you make in the next decade.

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Property118

Well said Crusader (whoever you are). I posted the following on another thread, but it’s buried in page three of the comments, so I’m posting it again on your new thread to increase visibility.

Just suppose, post Renters’ Right Act becoming fully operational, a landlord has two different tenants apply to rent the same property.  Both are from different minority groups; otherwise, their applications are close to identical. Whichever applicant the landlord chooses, the other can call discrimination and go to the council.

Where does that leave the landlord?

Discrimination penalties now apply even when both applicants are suitable

If two applicants are equally qualified in terms of income, affordability, references, credit, and rental history … the landlord is still required to choose one.

Under the Renters’ Rights Act penalty framework, the unselected applicant could claim indirect discrimination, discriminatory treatment during the selection process, and discriminatory motivation, even without hard evidence.

This pushes landlords into a position where the burden of proof shifts to them, not the complainant.

Councils are empowered and incentivised to enforce

The official guidance gives enforcement officers wide discretion. Councils also retain the revenue from penalties, which means complaints are more likely to be investigated, borderline cases are more likely to attract penalties, and enforcement officers may rely on inference where evidence is limited

If the enforcement officer agrees with the complainant’s allegation, the landlord could face a civil penalty up to £6,000 (discrimination), reputational damage, increased scrutiny of future applications, and heightened risk of being targeted with follow-up inspections or broader compliance reviews.

The landlord’s defence becomes extremely fragile

What, realistically, can the landlord prove?

They can produce financial checks, referencing documents, application timelines, and internal notes.

However, these do not eliminate the possibility of a discrimination finding, because the key legal question is this …

“Did the landlord’s decision treat one applicant less favourably on a protected basis?”

If two applicants are equally suitable, any distinguishing factor the landlord uses to choose between them could be interpreted negatively.

This is exactly why many landlords now feel the enforcement regime is designed so that they cannot practically defend themselves.

The landlord’s position if the penalty is issued

If a £6,000 discrimination penalty is served, the landlord faces three options:

a) Pay the penalty

This can be seen as an admission, even if the landlord disputes the allegation.

b) Make written representations

Local authorities may maintain the penalty unless overwhelming evidence disproves discrimination.

c) Appeal to the First-tier Tribunal

This is costly, slow and uncertain. The landlord risks legal costs, reputational damage, and potential increases in other compliance scrutiny.

A single complaint could therefore trigger a cascade of regulatory exposure.

The wider implications

This scenario illustrates the problem the sector keeps raising:

1. A landlord can comply fully with the law and still be penalised.
2. Selection requires choosing one applicant and rejecting another.
3. Rejection can now lead directly to a discrimination complaint with financial consequences.

This is why landlords increasingly describe the environment as; unpredictable, hostile, commercially unsafe

It also explains why many landlords are concluding that the risk of continuing to operate outweighs the benefit, especially when penalties are now measured in thousands or tens of thousands of pounds.

How a single discrimination allegation could so easily spiral out of control

In this hypothetical example, the situation does not improve for the landlord after the £6,000 discrimination penalty is issued. Instead, it accelerates into something far more damaging.

Once the enforcement officer concludes that discrimination occurred, the landlord’s details are placed on the Rogue Landlord Database. This step alone creates long-term reputational harm. It also flags the landlord as a subject of interest for further enforcement activity, both locally and nationally.

Local newspapers routinely monitor this database. It is designed to be public facing. The moment a new name appears, it becomes a story. A journalist contacts the council for comment. At this stage, the enforcement officer has little incentive to downplay the matter. The officer is now in a position where the council’s actions appear decisive, the officer’s judgment is validated publicly, and further investigations can be framed as “protecting vulnerable tenants”.

What began as one complaint is now being amplified into a wider narrative.

Sensing momentum, the officer starts reviewing the landlord’s other properties, and opening hundreds of files from other tenants complaining that a landlord also discriminated against them.

For our initial hyperthetical landlord, routine matters that previously would have attracted advisory notices now form the basis of formal investigations. In an atmosphere where publicity is building and the council is presenting itself as proactive, every new file opened is seen as evidence of effective enforcement. The incentives are aligned in only one direction.

Within months, the enforcement officer determines that the landlord meets the criteria for a banning order.

Once a banning order is granted, the consequences are severe. The landlord is prohibited from letting or managing any property in England, all licences must be revoked, the properties may be placed under management orders, rental income is lost, and lenders may intervene if covenants are breached.

This is not a temporary inconvenience, it is the end of the landlord’s business model.

Financial collapse follows quickly. Mortgage payments cannot be sustained without rental income. Forced sales in a distressed context result in losses. Legal costs accumulate. Within a year, the hypothetical landlord has experienced a complete reversal of fortune: from operating a stable rental property business to facing bankruptcy proceedings.

Meanwhile, the enforcement officer, having generated a significant number of enforcement files, is perceived as effective, assertive and diligent. In a system where councils retain the revenue from penalties and where public messaging favours visible enforcement, the officer’s profile within the organisation rises. The officer is promoted.

The landlord, by contrast, is left with no portfolio, no income and no clear route back into the sector.

This scenario is not presented as a prediction. It is an illustration of how the Renterrs Right Act enforcement mechanics will operate when aligned with financial incentives, public scrutiny and political pressure. It demonstrates the speed at which events can escalate once a complaint transforms into a pattern of enforcement activity.

It is also a reminder that under the new framework, a single allegation can trigger a sequence of consequences far beyond the initial issue.

As they would say on Dragons Den; ” … and for those reasons, I’m out!”

Never again will I be letting another property in the UK.

The post appeared first on Property118.

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NRLA warns that landlords can’t afford EPC upgrades

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NRLA warns that landlords can’t afford EPC upgrades

Landlords can’t afford to pay for the proposed EPC rental property upgrades because they don’t earn enough in rent, the National Residential Landlords Association warns.

It says that the government’s proposed funding model risks collapsing before it even begins.

Ministers want landlords to spend up to £15,000 per property to meet the minimum EPC rating of C standards by 2028 for new tenancies, and by 2030 for all tenancies.

But NRLA research reveals that once energy improvement spending passes £7,700, the numbers for the average landlord to make a profit no longer add up.

EPC work not happening

The organisation’s chief executive, Ben Beadle, said: “We want all rental properties to be as energy efficient as possible.

“However, this isn’t going to happen without a serious plan to support the investments needed.

“Relying on the misguided belief that every landlord has limitless reserves to fall back on is not only wrong but will not get tenants any closer to seeing their homes made energy efficient.”

He added: “If the government is serious about its plans, it needs to engage with the sector now to develop a clear, bespoke package to help responsible landlords invest in energy efficiency works.

“That needs to start by fixing a broken tax system which does nothing to encourage proactive property improvements.”

EPC funding cut

The warning follows the Autumn Budget that trimmed overall energy efficiency funding by 25% across this Parliament, a cut highlighted by the think tank E3G.

The NRLA says ministers cannot continue operating on the mistaken belief that landlords form a wealthy, uniform group able to absorb major upgrade costs.

HMRC figures show unincorporated landlords report an average annual rental income of £19,400, which is far below the full-time minimum wage.

Help the PRS deliver

The NRLA says that the recent Budget offered nothing tailored to help the PRS deliver the government’s energy goals.

That’s despite the Committee on Fuel Poverty urging ministers to introduce tax measures to support the required investment.

With landlords waiting for clarity on the final proposals, the NRLA wants all energy efficiency spending to be fully deductible for income tax.

It is also pushing for the proposed investment cap to reflect property values, warning that a single national limit would hit cheaper areas hardest and deepen the divide between northern and southern regions.

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Income tax set to rise to up to 47% in 2027: Here’s how to take action before the end of the year

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Property118

Income tax set to rise to up to 47% in 2027: Here’s how to take action before the end of the year

With Christmas just around the corner, it’s understandable that many of us are ready to close up shop and leave today’s problems until the New Year.

But with just 2 weeks to go, and the news that there might be many more hits to landlords following the Renters’ Rights Act in May, there’s still plenty of time to act to make sure you’re all set to down tools knowing you did everything you could to get in the best position for the changes next year.

Why? As Adrian Moloney from The Intermediary reports, if you thought the Renters’ Rights Act was the last blow for landlords, enter income tax rises. “From April 2027, the property basic rate will be 22%, the property higher rate will be 42%, and the property additional rate will be 47%” he writes, “the impact of these increases, together with the changes enacted through the Renters’ Rights Act 2025, are on the back of previous increases in Stamp Duty and restriction of mortgage interest relief.

This could lead to further pressure on both existing and, potentially, new landlords.” The silver lining is that this early warning allows us to be fully prepared.

With thousands of landlords looking to sell before May 2026, and many considering downsizing to more manageable portfolio sizes, this is a clear signal that it’ll pay to act sooner rather than later if you’re thinking of selling.

So what can landlords do in the 2 weeks before Christmas? The simple answer is: get ahead of the curve and start your selling process now.

Landlord Sales Agency, known for being the top UK exit portfolio company is providing that exact solution.

No matter what property and what condition, we have a private database of over 30,000 buyers, the top property buying companies, private funds and first time buyers that we market your properties to, generate a bidding war that pushes your properties to the highest prices. What’s more, we manage the entire process for you.

This isn’t about selling before Christmas, it’s about getting your properties on the market now, so while you’re relaxing over the holidays, we’re doing the hard work to get your properties sold.

We have a 100% success rate in selling tenanted buy-to-let houses and a solid network of solicitors who can help with evictions, paying tenants to move out, or raising rents to make properties more appealing to buyers.

All our properties sell on average in just 28 days for up to 90% market value and for that we cover all the costs and take away all the hassle that comes with selling the portfolio. We’re also completely transparent, so you know exactly what we’re making.

With so many changes affecting landlords on the horizon, it pays to act fast.

Landlords who contact us today, can start the ball rolling, meaning come January you’ll already be ahead of the game when it comes to your properties being sold.

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Landlords face fines of £3,000 to £35,000 under new government guidance

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Property118

Landlords face fines of £3,000 to £35,000 under new government guidance

The government has released new civil penalty tables under the Renters’ Rights Act 2025, and the figures are outrageous. The official guidance, published this week on GOV.UK, sets out a scale of fines that start at £3,000 and climb to £35,000 for the most serious breaches. Many of these offences were previously treated as routine compliance matters. They now come with penalties that will feel closer to corporate regulation than traditional housing enforcement.

The largest penalties stand out immediately. A breach of a banning order carries a starting figure of £35,000. Using a possession ground that the landlord “knew or should have known” could not be met attracts a penalty of £30,000. Reletting a property during a no-let period is marked at £25,000. Even administrative failures, such as entering a selective licensing area without the correct licence, are set at £12,000.

These numbers land at a time when operating margins have already been eroded by increased regulatory overhead. The message is hard to miss. Compliance is no longer a procedural expectation, it is becoming a major financial risk factor. That change will shape the decisions of every landlord, whether they own one property or several hundred.

A comparison with other UK penalty regimes is also revealing. Many workplace safety offences attract lower penalties than the amounts now set for common licensing breaches. A failure to meet gas safety obligations in a rental property can trigger fines larger than penalties issued to companies that mishandle hazardous equipment. Even misleading rent advertisements carry a penalty of £4,000, which is more severe than fines issued for a range of trading offences in small businesses.

Landlords will question the fairness of these discrepancies. A documentary oversight or a misfiled possession claim may now result in a penalty that exceeds fines levied against regulated businesses in sectors with far higher operational risks. That tension will amplify political and industry debate, because the contrast is difficult to ignore once the figures are placed side by side.

Local authorities are likely to respond quickly. The guidance allows councils to retain revenue from civil penalties to support further enforcement activity. This creates a self-funding model that did not exist with the same clarity before. Enforcement teams that once struggled with budget constraints may now be encouraged to act more frequently and more assertively. Councils will focus on licensing, documentation, advertising and property condition, because these areas now offer significant financial return.

Lenders will take notice as well. A single penalty of £20,000 or more can alter the affordability profile of a portfolio. Breaches involving possession grounds will catch particular attention, because lenders rely on orderly tenancies to control arrears risk. Insurers will likely tighten underwriting for landlords who self-manage or operate in older properties, especially where documentation or licensing may be inconsistent.

Letting agents will face new pressures. The guidance implies shared responsibility in several areas, and agents who manage documentation or advertising on behalf of landlords could be scrutinised more closely. This will push agencies to adopt stricter internal controls, which may in turn increase costs for landlords who rely on full management services.

Tenants will experience the changes too. Councils will intervene earlier in disputes. Penalties allow enforcement without court delays, which means issues around licensing or documentation are likely to escalate more quickly than before. Some tenants will welcome the added oversight. Others may find that the heightened rules lead landlords to withdraw from riskier areas of the market.

Professional advisers will warn landlords to treat possession decisions with far more caution. The £30,000 penalty for relying on the wrong ground introduces a subjective test that invites argument over what a landlord “should have known”. That point alone will generate litigation, appeals and case law in the years ahead.

The guidance signals a tougher era. It reflects a political intention to make enforcement more visible and more costly. For landlords, it introduces a level of regulatory exposure that feels disproportionate when placed alongside penalties used in other sectors.

This is the landscape now set before the private rented sector. Success will belong to those who tighten their compliance processes, document every decision and treat governance as a central part of property management. The figures published this week send a clear warning. Mistakes will carry serious consequences, and the financial risks of non-compliance have never been higher.

Housing Act 1988 breaches and offences

Housing Act 2004 Offences

No starting point for civil penalties for breaches of licensing conditions under sections 72(3) and 95(2) of the Housing Act 2004 are set out in this guidance, as those conditions may vary substantially between local authorities. Local housing authorities will need to determine and publish their own starting levels for civil penalties for these offences.

Housing and Planning Act 2016 Offences

Renters’ Rights Act 2025 Breaches

Source data:

https://www.gov.uk/government/publications/civil-penalties-under-the-renters-rights-act-2025-and-other-housing-legislation/civil-penalties-under-the-renters-rights-act-2025-and-other-housing-legislation

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Deposit disputes remain rare despite rising rents – TDS

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Deposit disputes remain rare despite rising rents – TDS

Formal disputes over tenancy deposits continue to affect only a small fraction of the private rented sector, even as deposit values and rents climb, the TDS Group has revealed.

Its Statistical Briefing 2025 shows that just 1% of protected deposits in England and Wales were subject to formal adjudication during 2024/25.

A total of 46,950 cases were handled, up slightly from 0.91% the previous year but in line with a long-running pattern of disputes accounting for around one in every hundred tenancies.

Cleaning remains the most frequent trigger for disagreements, featuring in 54% of cases.

Damage followed closely at 49%, with redecoration the cause in 31%, while gardening accounted for 14% of disputes and rent arrears appeared in 10%.

99% of tenancies don’t end in dispute

Steve Harriott, the chief executive of TDS Group, said: “As rents and deposits continue to rise, the role of fair and transparent deposit protection has never been more important.

“It is encouraging that more than 99% of tenancies still end without a formal dispute, demonstrating the professionalism of agents and the cooperation of tenants across the sector.

“Where disputes do arise, our free, impartial adjudication service ensures that issues can be resolved quickly and fairly, without the need for court involvement.”

He added: “The findings also remind us that cleaning and damage remain the main sources of disagreement at the end of a tenancy, reinforcing the importance of detailed inventories and clear expectations from the outset.”

Protected deposits

The number of protected deposits in England and Wales rose to 4,706,470, while their combined value increased by about 6% to £5.53 billion.

Average deposits reached £1,175, the highest level recorded, reflecting annual rent rises of 7.9% in England and 8.8% in Wales to March 2025.

Custodial schemes now hold the majority of deposits by volume in England and Wales, representing 54.41% of all protected sums.

Insurance-backed protection still accounts for a larger share by value at 54.65%.

More disputes in Scotland

Scotland continues to record a higher dispute rate than elsewhere in the UK and during 2024/25, 5,951 disputes were raised, equivalent to 2.44% of protected deposits.

Although the total number of protected deposits slipped slightly to 243,283, their overall value increased to £215.5 million.

Cleaning was also the main issue in 58% of Scottish disputes, damage in 39% and redecoration in 25%.

Private rents north of the border rose by 5.7% over the year.

Lowest level of tenancy disputes

Northern Ireland again posted the lowest level of formal disagreement with only 358 disputes being recorded in 2024/25.

That represents 0.49% of protected deposits and marking a drop from the previous year.

The total number of protected deposits increased to 72,790, with an average value of £709.50.

Again, leaning and damage remained the most common causes.

The full Statistical Briefing 2025 is available to download for free from the TDS website.

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Government sets out rules for when tenants want to leave under the Renters’ Rights Act

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Government sets out rules for when tenants want to leave under the Renters’ Rights Act

The government has released guidance on how a landlord can end a tenancy if their tenant wants to leave.

Landlords should know they will not be able to give their tenants more than two months’ notice for a tenant to leave.

The new rules will come into effect on 1 May 2026 when the Renters’ Rights Act comes into force.

Tenant will need to pay rent during the notice period before the tenancy ends

According to the government guidance, landlords will be able to agree with their tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing.  The tenant will need to give their notice:

• so the tenancy ends on a day when the rent is due or the day before the rent is due
• in writing, for example, by letter, email or text

It’s important for landlords to know that under the new rules, the landlord cannot tell the tenant what method they must use to give their notice. The tenant is free to choose any written method, such as a letter, email, or text message.

The tenant will need to pay rent during the notice period before the tenancy ends.

The government guidance also says that if the tenant has already given notice but then changes their mind and wants to stay in the property, they can only stay if the landlord agrees to this in writing. If the landlord does not agree, the tenancy will end as planned.

Joint tenancies guidance

For joint tenancies, the government also gives guidance on what landlords should do.

According to the guidance, a tenant will be able to end the joint tenancy without the agreement of the other tenants.  If a joint tenant asks to give a shorter notice period, all the other joint tenants will need to agree to the shorter notice period.

If a joint tenant changes their mind and would like to stay, all the other joint tenants will also need to agree. If they do not agree, then the tenancy will need to end.

The guidance adds if some of the existing tenants want to stay, the landlord will be able to create and sign a new tenancy agreement.

Landlords will also be able to add new tenants to an existing tenancy agreement.

Property118 commercial reality check

Government rule changes often ignore the operational reality landlords face every day. The new notice requirements place yet another layer of responsibility on those already carrying the commercial risk. Serious landlords succeed by turning that pressure into structure, not stress.

What serious landlords should do next

Protect your position with clear written records. Tenants can now give notice by almost any written method, which increases the chance of ambiguity. Keep a disciplined record of every message and confirm key points back in writing to avoid misunderstandings.

Map out your tenancy timelines. Create a simple schedule of rent-due dates, expected notice windows and projected void risks. This restores predictability and helps you plan maintenance, cash flow and refinancing with confidence.

Set firm expectations for joint tenancies. Joint tenants can now terminate without unanimous agreement, which places extra risk on the landlord. Define your internal process for handling exits, replacements and new agreements to keep control of the transition.

Advantage through professionalism

Every new rule adds friction. Professionals respond by tightening process, sharpening documentation and protecting cash flow. That is how competent landlords stay resilient while others feel squeezed.

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Loan Covenants Explained – Avoiding Traps in Your Commercial Mortgage Agreement

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Loan Covenants Explained – Avoiding Traps in Your Commercial Mortgage Agreement

Loan covenants are one of the least understood parts of a commercial mortgage agreement. Many landlords focus on rate and loan size but overlook the conditions that govern how the facility must be managed. Breaching a covenant can trigger penalties, force refinancing, or even give the lender rights to call in the loan. Understanding covenants – and negotiating them carefully – is essential to protecting your portfolio.

What Are Loan Covenants?

A loan covenant is a condition in the loan agreement that requires the borrower to meet certain financial or operational obligations. They are designed to give lenders confidence that the loan remains sustainable throughout its term.

Covenants usually fall into two categories:

• Financial covenants – such as maintaining minimum interest cover, maximum loan-to-value ratios, or liquidity reserves.
• Non-financial covenants – such as restrictions on additional borrowing, reporting requirements, or obligations to maintain insurance and property condition.

Common Covenant Traps

• Unrealistic interest cover ratios – set at levels that are difficult to maintain if interest rates rise or rents fall.
• Rigid loan-to-value triggers – which may require capital injection if property values dip, even temporarily.
• Restrictive reporting – quarterly reporting requirements that create administrative burden without adding real value.
• Limitations on flexibility – such as prohibitions on refinancing or selling properties within the portfolio without lender consent.

Why Lenders Use Them

Covenants exist to protect lenders, ensuring early warning signs are spotted before defaults occur. However, poorly negotiated covenants can unfairly restrict landlords, reduce flexibility, and increase financial risk unnecessarily.

Practical Examples

• A landlord agrees to a covenant requiring a minimum 150% interest cover. When interest rates rise, they fall into technical breach despite continuing to meet monthly payments.
• A portfolio owner accepts an LTV covenant at 65%. A temporary fall in valuation forces them to inject cash or refinance, even though rental income remains stable.
• An HMO operator faces delays expanding their business because the facility prohibits further borrowing without lender approval.

How to Negotiate Better Terms

Covenants are not set in stone. With professional guidance, landlords can often negotiate:

• More realistic interest cover ratios, aligned with actual portfolio performance.
• Higher LTV thresholds or flexibility during valuation downturns.
• Annual rather than quarterly reporting to reduce administrative load.
• Clear carve-outs for routine refinancing or disposals.

The Role of NACFB Brokers

NACFB brokers ensure covenants are commercially workable. They know which lenders are flexible, how to present a case for more realistic terms, and how to protect landlords from traps hidden in the small print. Their oversight ensures that finance supports growth rather than restricting it.

Conclusion and Takeaway

Loan covenants are just as important as rates and terms in a commercial mortgage agreement. Landlords who understand and negotiate them properly avoid unnecessary risks and protect their flexibility. With the right broker, covenants can be structured to balance lender security with landlord freedom.

Next Steps

If you would like an NACFB broker to review or negotiate covenant terms on your next finance deal, please complete the short form below and a consultant will be in touch.

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Published: 10 December 2025

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Poor tenants shut out of social housing on affordability grounds

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Poor tenants shut out of social housing on affordability grounds

Tenants on the lowest incomes are being blocked from social housing because providers fear they will not be able to afford the rent, research reveals.

A study by homelessness charity Crisis shows housing associations in England are increasingly rejecting applicants following affordability checks carried out before a tenancy begins.

Around a third of English housing associations taking part said those checks frequently uncovered information that led them to conclude an offer was unsuitable.

Almost a quarter said households earning below certain thresholds were at times excluded entirely from housing registers.

That means some poorer applicants never reach the point of being considered for a social home, not because of behaviour or need, but over income issues to sustain a tenancy.

Where will tenants go?

The charity’s chief executive, Matt Downie, said: “Working with people who use our services, we know that people can be excluded from accessing a social home because their incomes are too low to meet the necessary criteria.

“The fundamental aim of social housing is to provide a safe and stable home for people on the lowest incomes.

“If people cannot afford social housing, where do they go?”

He added: “The reckless depletion of our social housing stock, alongside cuts to state support, has put English housing associations into an impossible position where they are forced to refuse access to people in precarious, vulnerable situations.

“Homelessness is surpassing record levels. Its costs to people, communities and local authorities are untenable.”

Change in allocation handling

Nearly three quarters of associations, accounting for 90% of the homes in the sample, said recent changes to benefits had altered how allocations and lettings are handled.

Limits on housing benefit and the benefit cap have pushed providers to scrutinise affordability more closely.

At the same time, associations reported a growing concentration of applicants with complex support needs.

As a result, unless someone faced acute circumstances such as severe ill health or domestic abuse, access to a social tenancy was described as unlikely or subject to long delays.

Even for households that do secure a property, there were fears that inadequate support beyond housing could make keeping the tenancy far harder.

Unsuitable tenants

One in four English housing associations said they often turned down nominations from councils because the proposed let was judged unsuitable.

Some cited the need for costly adaptations or the absence of specialist support as reasons for prioritising certain tenants.

Applicants with a history of anti-social behaviour faced the greatest exclusion.

Three quarters of associations said registers would sometimes or always shut out such households where no support package existed.

Still, more than half said exclusions could apply even when assistance was in place.

How houses are used

Researchers from Heriot-Watt University and the UK Collaborative Centre for Housing Evidence say that housing associations compared the task of allocating scarce properties to rearranging the deckchairs on the Titanic.

Almost three quarters operating choice-based lettings said the homes available bore little relation to the needs presented, with some doubting any system could prioritise demand given the numbers involved.

Rising repair costs and tighter building standards were also flagged as pressures limiting new development.

Crisis is urging ministers to overhaul how existing stock is used, pointing to Scotland where refusals on suitability grounds are far rarer.

While a quarter of English associations reported frequently rejecting council nominations, just 6% of Scottish providers said the same.

More than half of new social lets north of the border go to homeless households, compared with just over a quarter in England.

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