Revenge Evictions

eviction noticeA law to ban ‘revenge’ evictions has been passed by the House of Lords after a long campaign spearheaded by housing charity, Shelter.

The law, which was passed in March of this year as part of the Deregulation Bill, means that any eviction will be deemed invalid where the tenant has made a complaint about housing conditions that the landlord did not respond to adequately.

When a landlord gives notice seeking possession using a ‘Section 21 Notice’ within six months of receiving a complaint about the condition of the property from the tenant, it will no longer be possible to evict that tenant and a court must strike out any attempt to evict under those circumstances.

If a tenant issues a complaint accusing a landlord of a retaliatory eviction from their rented home, then it is probable that the council will take up their claim.  The local authority will then get involved with the landlord to bring the matter to a satisfactory conclusion.

However, if the problem cannot be resolved and the landlord is in the wrong if the property is unsafe or in need of repairs, then they will receive a statutory notice.

The law will apply in England but, as housing matters are now devolved in Wales, will not apply there.

For more information and advice on letting or managing a property, please contact Sue Maaz FARLA in our Shipston-on-Stour office or Michael Scott FARLA in our Stratford-upon-Avon office.

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