Retaliatory Evictions

Introduction

Earlier this year Liberal Democrat MP Sarah Teather introduced a Private Members' Bill to Parliament – the Tenancies (Reform) Bill – in an attempt to ban so called 'retaliatory' or 'revenge' evictions.

Backed by a range of housing campaigners, lobbyists, and the Mayor of London, the Bill seeks to restrict a landlord's right to use a section 21 notice to regain possession of their property where a tenant has made a complaint about repair or housing conditions.

The Bill failed to progress as too few MPs were present to force a vote and it ran out of time. However, a group of Liberal Democrat Peers have tabled an amendment to the Deregulation Bill that reintroduces the core elements of Teather's Bill. The RLA continues to oppose the measures contained in the amendment and believe it is the wrong approach to tackling the issue.

The All Party Parliamentary Group for the Private Rented Sector has now published its report into Retaliatory Eviction. The report says there is not enough evidence at present to justify more legislation, highlighting the lack of official statistics on the subject. The group also raises concerns about the ability of local councils to enforce legislation. The APPG report can be read here, and the RLA report can be read here.

What happens next?

The new amendment is likely to be debated at Bill's Committee Stage in the House of Lords, in January. The RLA has now contacted key Peers to make them aware of the Bill's shortcomings. The RLA has also contacted the DCLG to discuss the likely impact of the Lords amendment and to propose alternative ways of dealing with the issue of retaliatory eviction.

The RLA also wants to hear from landlords about their experience of using section 21 notices, and why they are so important to maintaining the confidence of those who invest in the PRS.

Tell us about the problems you have faced with nightmare tenants running up rent arrears, causing misery through anti-social behaviour, or engaging in criminal activity, and why section 21 is so important in dealing with these issues.

What is Retaliatory Eviction?

Retaliatory eviction is when a landlord evicts a tenant for asking to carry out repairs or maintenance, or complains about the condition of the property.

How common is Retaliatory Eviction?

Shelter claim that over 213,000 renters across England have been evicted or served with an eviction notice in the last year because they complained to their landlord, letting agent or council about a problem in their home. The RLA does not condone retaliatory eviction.

However, according to the latest English Housing Survey, just 7% of all tenancies are ended by the landlord, the vast majority of which are for legitimate reasons, such as wanting to sell the property, the failure of tenants to pay rent, or where they have engaged in anti-social behaviour. This leaves scope for only a very small minority where the landlord is being unreasonable.

How does this affect me as a Landlord?

At present landlords can regain possession of their properties based on two key sections of the 1988 Housing Act.

1. Section 21 - Gives a landlord a right of possession without having to give any reasons once the fixed term of a tenancy has expired.
2. Section 8 - Allows a landlord to seek possession on a number of grounds including anti-social behaviour and tenant rent arrears. If a tenant refuses to leave the property on the date specified in a section 21 notice or a section 8 notice, landlords then have to apply to the courts for a 'possession order'.