Retaliatory Evictions
Section 33 of the Deregulation Act came into force on the 1 October 2015 and could affect the ability of a Landlord to recover possession of his property if the property is in disrepair.
The new rules apply to tenancies that commence after 1 October 2015. The new rules provide:-
- If a Tenant makes a complaint about the condition of the property in writing, the Landlord must respond within 14 days in writing setting out what they intend to do about it and the timeframe for taking such action..
- If the Landlord:
- fails to reply,
- replies by serving a Section 21 Notice,
- gives a reply that the Tenant considers unsatisfactory,
- replies then subsequently serves a Section 21 Notice
the Tenant may complain to the Local Authority who must then inspect the property.
- If the Local Authority then serves an Improvement Notice on the Landlord or carries out remedial action then the Section 21 Notice will be rendered ineffective and no further notice can be served for six months.
The original intention of using the Section 21 Procedure for a Landlord to obtain possession of his property was meant to be a simple non-fault process. However, if the property is genuinely in disrepair, the Landlord may now be prevented from serving a Section 21 Notice. Landlords may also now be forced to use the Section 8 Procedure to obtain possession which procedure has its own pitfalls.
If you would like advice on how these new rules affect you or any advice on Landlord & Tenant issues please contact Jacqueline Penfold on 01323 727321.