Retaliatory Eviction
Retaliatory eviction occurs when a landlord attempts to evict a tenant following complaints about the property’s condition or requests for repairs. The Deregulation Act 2015 introduced legal protections for tenants against such evictions, providing a framework to address “revenge evictions” and ensure landlords meet their responsibilities.
What is a Retaliatory Eviction?
A retaliatory eviction typically involves a landlord serving a Section 21 notice to end a tenancy after a tenant:
- Requests repairs to address poor property conditions, or
- Complains about safety hazards or other issues.
The Deregulation Act 2015 provides safeguards to protect tenants in such situations, ensuring landlords cannot unfairly terminate tenancies in response to complaints.
Tenant Complaints and Local Authority Action
If a tenant reports unsafe or poor property conditions to the landlord and the landlord fails to respond adequately, the tenant may escalate the issue to the local authority’s environmental health department. If the local authority investigates and identifies hazards or poor conditions, it may issue one of the following notices under the Housing Act 2004:
- Improvement Notice
- Remedial Action Notice
Once such a relevant notice is served, the landlord is prohibited from serving a Section 21 notice for six months. However, this protection does not apply if the relevant notice is later revoked or quashed.
When a Section 21 Notice is Invalid
A Section 21 notice becomes invalid if:
- The tenant made a written complaint to the landlord about the property’s condition.
- The landlord:
- Failed to respond within 14 days, or
- Provided an inadequate response.
- The tenant subsequently complained to the local authority about the same issue.
- The local authority served a relevant notice (Improvement or Remedial Action Notice) on the landlord.
The Section 21 notice must have been served after the tenant’s written complaint or before the relevant notice was issued by the local authority.
What is an “Adequate Response” from the Landlord?
The Deregulation Act 2015 does not explicitly define “adequate response.” However, it is generally understood to be:
- A written response that clearly outlines the landlord’s plan to address the issue.
- Details of specific actions to be taken and a timeline for repairs or inspections.
An inadequate response, or no response at all, strengthens the tenant’s case against retaliatory eviction.
Exemptions to Retaliatory Eviction Rules
The Deregulation Act 2015 outlines specific exemptions where a landlord may still serve a Section 21 notice, even if a tenant has raised complaints or the council has issued a relevant notice:
- The relevant notice was issued due to the tenant’s breach of their duty to use the property in a tenant-like manner or an express term of the tenancy.
- The property is genuinely being marketed for sale.
- The landlord is a private registered provider of social housing.
- The property is subject to a mortgage, and the mortgagee requires possession to sell the property with vacant possession.
These exemptions are detailed in Section 34 of the Deregulation Act 2015.
Impact on Section 8 Notices
The legislation on retaliatory eviction does not affect the validity of a Section 8 notice, which landlords can use to seek possession on specific grounds, such as rent arrears or tenant misconduct.
Guidance for Tenants
If you believe you are at risk of retaliatory eviction:
- Document your complaint and ensure it is sent in writing to the landlord.
- Escalate unresolved issues to the local authority if necessary.
- Seek legal advice or contact housing support services for further assistance.
Separate Rules for Wales
The rules discussed above apply to England only. Retaliatory eviction rules in Wales are governed by the Renting Homes (Wales) Act 2016, which introduces distinct protections for tenants in Wales.
Key Takeaways for Landlords and Tenants
- Landlords: Ensure complaints are addressed promptly and adequately to avoid invalidating a Section 21 notice. Be aware of exemptions under the Deregulation Act 2015.
- Tenants: Use your rights to raise complaints and seek local authority assistance if the landlord fails to act.
Understanding the protections and limitations of the Deregulation Act 2015 helps both parties navigate disputes effectively and ensures safe living conditions for tenants.
[1] Section 33(1) of the Deregulation Act 2015.
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