Julian_S Posted July 2, 2014 Report Share Posted July 2, 2014 I see my MP, Tim Farron is supporting a private members bill to ban retaliatory convictions. I can't post links on this stupid forum for some reason or other. but if you go to his Facebook page you can read about it. It seems to me that a tenant will just ask for a repair every 6 months to stop an eviction.... Julian Link to comment Share on other sites More sharing options...
Melboy Posted July 2, 2014 Report Share Posted July 2, 2014 Whenever an MP sticks his nose into the housing trough you can guarantee there is a hidden agenda. With any luck Farron will be politcal history next year. Link to comment Share on other sites More sharing options...
Grampa Posted July 2, 2014 Report Share Posted July 2, 2014 How do you define or even prove an eviction is retaliatory? Link to comment Share on other sites More sharing options...
Melboy Posted July 2, 2014 Report Share Posted July 2, 2014 How do you define or even prove an eviction is retaliatory? Yes, precisely. Tenant destroys your property by setting light to the sofa........you evict them for being an arsonist. Would that be classified as retaliatory action? Link to comment Share on other sites More sharing options...
Richlist Posted July 2, 2014 Report Share Posted July 2, 2014 The OP has posted retaliatory CONVICTIONS.....but maybe we should assume it should be evictions. 1. You can't actually evict a tenant.....only the courts can do that. You can serve a S21 but that is NOT an eviction.......I'll assume the OP means this. 2. I think you can define 'retaliatory eviction' as the landlord or his agent informing the tenant that the notice is being served on them because .....they complain to much, they want unnecessary repairs, they set light to the sofa etc etc. I know when serving an S21 its not necessary to give a reason BUT I suspect many people do. Link to comment Share on other sites More sharing options...
Grampa Posted July 2, 2014 Report Share Posted July 2, 2014 Well there you go then the way to stop retaliatory evictions is to educate all landlords and agents to NEVER give a reason when serving a s21 and the problem goes away. JOB DONE. Link to comment Share on other sites More sharing options...
Grampa Posted July 2, 2014 Report Share Posted July 2, 2014 I would think most evictions could be called "retaliatory" unless the landlord is1 selling2 redeveploping3 moving in a family member or friend. Link to comment Share on other sites More sharing options...
Julian_S Posted July 2, 2014 Author Report Share Posted July 2, 2014 https://www.facebook.com/tim.farron?fref=ts Yes indeed 'evictions,' not convictions! Specifically retaliatory action following a request for a repair. I typed the above link in manually, let's hope it works. Julian Link to comment Share on other sites More sharing options...
Carryon Regardless Posted July 3, 2014 Report Share Posted July 3, 2014 As it stands if the T complains to the council about their home they will inspect. If the inspector raises an improvement notice the LL can't serve a valid S21 until the improvements are carried out is my understanding. If improvements aren't completed at speed the inspector arranges for the improvements and charges against the property. Once the improvements are completed there is no business advantage in replacing the T, in fact as we know old out and new in comes with losses. If a notice is already served I believe this could still be acted on by a LL improvement notice or not, so this is one plus for serving at the start of a tenancy. I'm open to corrections of my understandings here Grampa. Just another bloody politician jumping on the attack the scabby LL's bandwagon, popular vote chasing. Link to comment Share on other sites More sharing options...
Grampa Posted July 3, 2014 Report Share Posted July 3, 2014 Cor I think you have more knowledge/experience in this area than me. I have never had to deal with an council "improvement notice" though it has been brought up in conversations with the EO at the council once or twice when I have had one or two landlords who were reluctant to do certain works. But it never went further than that. I do believe I am very lucky with my council as they either don’t aggressively pursue landlords and are more landlord friendly than other councils or I've been lucky with the properties I manage. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted July 3, 2014 Report Share Posted July 3, 2014 My only experience is 2nd hand and from reading, the latter is subject to memory tricks. I've had applicants who have had improvement notices served on their LL's. 1 even brought the paper work, of course I had interest. Although some listed work would be considered to be a reasonable request the inspector did seem to go to town on the situation. Even to the point of insisting a new 3 foot gate be fitted to the front of the property. He even concerned himself with the poor condition of the decoration in the hallway. That was Rhyl North Wales. My brother had a call from a Manchester inspector insisting he attend a property the following morning to address an infestation issue and I think there may have been a drainage issue, unsure there memory wise. If my brother failed the inspector would have the works carried out at my brothers cost. No improvemnent notice as my brother attended. The infestation was due to dog food left to rot in the kitchen, a clean up and resolved, the other issue was of tenant cause also. The urgency was because the tenant had said that they 'may' have an infirm aunt come to visit. My only respect for these inspectors is due to the fear of their involvement and unreasonable use of power. Anyway for Mr Farron to create this new legislation I would assume that for any works to be considered as actual and not tenant imagination it would require an inspection and be recorded. Of course with my 2nd hand experience I can see how an inspector may well sympathise if an infirm aunt 'may' come to visit instead of suggesting that the lazy fat tart of a tenant just clean the bloody mess up. IMHO of course. Link to comment Share on other sites More sharing options...
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