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Your property investment business depends on keeping up to date with the law

This post is more than 3 years old

May 16, 2022 by Tessa Shepperson

  • Sam Madge WyldAre you a property investor?
  • Do you invest in residential property to rent out to tenants?
  • How much do you really know about the rules that govern your investment business?

Renting a property is governed by strict legal rules and it behoves property investors to be aware of them and how they will affect their investment business.

For example:

  • If your tenants have been in occupation a long time – are you able to prove that you handed them a gas safety certificate before they moved in?

No? Then you, assuming your tenancy has been periodic since 1 October 2015, you should not give your tenants a new tenancy agreement.

If you do, this will affect your right to use section 21 (while we still have section 21).

  • Are you considering renting your property to a tenant to manage on a rent to rent basis?

If so you need to be aware of the case of Rakusen v. Jepsen.

This tried to make property owners liable for rent repayment orders made in favour of the property owners’ sub-tenants. The Court of Appeal ruled against this, but the case is due to be heard by the Supreme Court either later this year or next year.

You may want to reconsider losing control of your property to a rent to rent tenant until this case is decided.

  • Are you considering investing in a Victorian property?

Are you aware that you will need to bring this property up to the energy efficiency rating C standard by 2025 for new tenancies and 2028 for existing tenancies?

These dates may change, but the obligation to do this work at some stage will not.

Maybe that Victorian property you were considering buying is not such a good investment after all.

An easy way to get up to date with the law

To help landlords, letting agents and their advisers, we are running a one day ‘Legal Update’ workshop, to be taken by Housing Barrister Sam Madge-Wyld.

Sam is co-author of the legal textbooks the Housing Law Casebook, Defending Possession Proceedings and ‘Queit Enjoyment’ and co-authors the regular ‘Housing Law Updates’ features in Legal Action Magazine so is a good person to run this course!

The workshop will take you through all the legal changes of the past year and also bring you up to date with recent case law.

About the General Legal Update Workshop

This is an online only event where you attend  (and ask questions) remotely through your computer.

Date: 22 June 2022

Price: £180 (inclusive of VAT). Discounts are available for Landlord Law members.

Course content

This is subject to change, but Sam is expecting to cover the following:

  • The after-effects of COVID
  • The energy efficiency rules
  • Gas and Electricity Regulations
  • Tenant Fees
  • Right to rent
  • Rent to Rent situations, and
  • Rent Repayment Orders and Enforcement

Find out more and book your place here.

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Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

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Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

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