Tenants trying to avoid eviction could abuse a new legal system designed to ban revenge evictions, by deliberately damaging properties.
The new Deregulation Act, which has just received Royal Assent, seeks to ban so-called retaliatory evictions, where a tenant is told to quit after complaining about the state of a property.
The new law, which comes into effect on October 1, means that a landlord who has done nothing about a legitimate repairs request will not be able to use the Section 21 procedure to regain possession of their property.
The original proposed ban on retaliatory evictions was contained in a Private Member’s Bill tabled by Sarah Teather. It was talked out by two Tory MP landlords, but its main thrusts were reintroduced by the Government as part of the Deregulation Act.
This was despite concerns expressed, notably by the Residential Landlords Association, that tenants could play the system, delaying eviction as they made successive complaints.
Now David Cox, managing director of ARLA, has expressed concerns.
He said: “The provisions in the Act designed to prevent retaliatory evictions by landlords create a number of unintended consequences.
“ARLA supports the principle of legislation seeking to stop landlords from evicting tenants in response to a genuine disrepair issue.
“The measures will mean that protections previously afforded to compliant landlords may be eroded by dishonest tenants using the new powers to defend against legitimate possession proceedings, possibly by intentionally causing damage to properties.”
The natural upshot of this is to de-stabilise the industry. Not for landlords or Agents but for tenants. The defence, an obvious protection against this, is to restrict all tenancies to fixed 6 month terms. Before the keys are handed over at the beginning of the tenancy the end date is set and finalised. Tenants can’t possibly claim retaliatory eviction if before they even move in they had agreed to move out on a given date.
It is fairly obvious that good tenants could be considered to renew their tenancies for another 6 months paying the necessary fees for administration and paperwork. Other more particular and discerning tenants will be freed from their obligations to seek out more appropriate accommodation.
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Robert, the law does not allow this. A S21 can not be served until month 4.
Fixed term tenancies are not binding on tenants, they don’t have to leave at the end of the fixed term.
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Are you sure about that? Please provide a link to support what you have just claimed I do not think you are correct. Unless Section 21 (1) b has been changed or revoked while I wasn’t watching. The fixed term notice can be served at any time up until 4 months. Landlords have a right to regain possession of their property at the end of an Assured Shorthold tenancy. 6 months minimum, just became 6 months maximum.
Perhaps David Smith EYE’s in house expert could clarify. If you are correct every winter let AST / summer holiday let owner in this area could be in big trouble.
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Please forgive the hyperlink Ros/ Nick it is relevant and in context to the challenge of my position by Ringi
http://www.legislation.gov.uk/ukpga/1988/50/section/21#section-21-1-b
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Hi Robert
Please see the following from the Deregulation Act 2015
36Time limits in relation to section 21 notices and proceedings
(1)Section 21 of the Housing Act 1988 is amended as follows.
(2)After subsection (4A) insert—
“(4B)A notice under subsection (1) or (4) may not be given in relation to an assured shorthold tenancy of a dwelling-house in England—
(a)in the case of a tenancy which is not a replacement tenancy, within the period of four months beginning with the day on which the tenancy began, and
(b)in the case of a replacement tenancy, within the period of four months beginning with the day on which the original tenancy began.
I hope the above is of use.
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So what changes have been made to 21 (1) b (fixed term from the outset)? Landlords can not be expected to house tenants indefinitely. What you have posted appears to relate to Section 4 (periodic) tenancies.
If the idea is to create a nay-do-well’s charter I fully applaud the efforts and progress being made however if the idea is to further transition social housing provision onto the private sector I would respectfully suggest this is a big backward step.
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Sec 21 can be served at any time, however if you wish it to end on the last day of the 6 month AST, it cannot be served later than the last anniversary day of month 3 . If you serve it in month 4 scenario, they get a 7 month rental entitlement.
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If you think that is a problem what about the poor guys in Wales with the 3 year protective rights likely to become law, which if labour win may suddenly appear in England.
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