There has been discussion for many years, particularly amongst groups supporting tenants, of the need for rules on “retaliatory eviction”. Much like the American Constructive Eviction law, it came into effect in England only on 1st October 2015. What is it? How will it affect you as a landlord? What protections will it give your tenants?
What Is Retaliatory Eviction?
One of the major concerns of tenants – and something against which they have never had protection – is the worry that should they point out flaws with a property that they would be evicted. Examples include broken windows, security system not functioning properly, inadequate heating or lighting, or anything else that is a legal obligation of the property owner to maintain. It is also important to note that this includes legal obligations such as provision of a gas safety certificate and EPC.
Retaliatory eviction follows when a tenant, having no joy from a property owner, complains to the local authority who then serves a notice to the property owner to correct the issue. Previously, the disgruntled property owner could then serve an eviction notice because of the complaint – regardless of whether or not he or she had any intention of correcting the fault(s). Now, if the property owner then serves an eviction notice the tenant may not be removed from the property until a period of six months has passed.
What is the Procedure?
It may seems the Section 21 changes give more powers to the tenant, and from one point of view that is correct, there are many fail safes in place to make sure that unscrupulous tenants do not abuse their new rights. There is a robust procedure in place to make sure that tenants too do not abuse the situation.
When a tenant makes a complaint to a property owner, he or she must respond within 14 days precisely what they are going to do to remedy the situation; this should include a time limit. Failure to respond within an adequate time gives the tenant the right to complain to the local authority who will then issue one of several notices to the landlord to improve the situation. Once this notice is served to the property owner, they may not then serve the tenant with an eviction notice in retaliation.
When Does it Come into Force?
For new tenancies that begin on or after 1st October 2015 all tenants are automatically covered by the new section 21 law on retaliatory eviction. Those leases that began before this date will not become eligible until 1st October 2018.
Property owners may also not serve an eviction notice for any reason during the first four months of a tenancy.