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Retaliatory Evictions


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Retaliatory eviction

Tenants organisations have been calling for years for legislation to prevent landlords from evicting tenants who complain about disrepair. Now they have it - in the Deregulation Act 2015.

After these regulations come into force in October 2015, section 21 notices will be invalid in the following circumstances

  • if it is served after a tenant complains about the condition of their rented property and the landlord fails to provide an adequate response, and
  • the tenant then goes to the Local Authority and complains and they serve a 'relevant notice' on you

An adequate response by the way, is one which

  • gives a description of the work you intend to do to deal with the complaint and
  • sets out a time table for doing it.

You can't serve a notice within 6 months of a Local Authority serving a relevant notice on you.

A relevant notice is basically an improvement notice or a notice regarding remedial action being taken by the Local Authority.

There are exceptions if:

  • it was the tenant who caused the damage to the property being complained about, and/or
  • the property is genuinely on the market for sale (but this must be the open market and there must not be any intention to sell to a connected party).

The same rules will also apply to the common parts of a building (for example stairs and hallways outside rented flats) if the landlord had a 'controlling interest' and the condition of the common parts affected the tenants use of his rented property.


Call me cynical but I can see tenants who know a S21 is on the way due to their behaviour and warnings already giving will just make up maintenance issues to delay the process.

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