What is a Retaliatory Eviction?

Retaliatory evictions have long been considered unethical, yet they were not prohibited until October 1, 2015. The Deregulation Act, which took effect on that date, introduced several crucial provisions aimed at safeguarding tenants from unjust evictions, especially in cases where they had raised valid concerns about their living conditions.

These provisions not only seek to protect tenants but also establish guidelines for the landlord-tenant relationship. Landlords are now required to inform new tenants about their rights and responsibilities, and they are prohibited from serving a Section 21 notice if they have failed to fulfill their legal obligations. Additionally, a standardized form must be utilized by landlords when evicting tenants under the Section 21 procedure, streamlining the eviction process in cases where legitimate reasons exist.

The concept of tenancy is defined as an agreement between a tenant and a landlord that grants certain rights and obligations to both parties. Typically, private accommodation tenancies are assured shorthold tenancies lasting for 6 or 12 months, with the possibility of extension by mutual agreement.

Retaliatory eviction occurs when a tenant makes a valid complaint to the landlord about the property's condition, and the landlord responds by serving an eviction notice instead of addressing the issue. This practice is unacceptable, as tenants should not fear homelessness for seeking necessary repairs.

While retaliatory evictions do occur, they represent a minority of cases. Assured or regulated tenancies provide protection against retaliatory evictions, requiring landlords to justify their actions in court. For assured shorthold tenancies established or renewed after October 1, 2015, certain protections against retaliatory evictions are in place.

Rules governing retaliatory evictions apply when a tenant submits a written complaint to the landlord regarding the property's state or necessary repairs, and the landlord responds by serving a Section 21 notice. However, these rules do not apply in situations where the tenant fails to make a valid written complaint or where the landlord initiates eviction proceedings for legitimate reasons unrelated to the complaint.

Hazard notices issued by local councils can suspend a landlord's right to serve a Section 21 notice for six months if emergency remedial action or improvement notices are issued. These notices address serious hazards within the property, ensuring tenant safety and well-being.

Landlords can regain possession of their property through Section 8 or Section 21 notices under the Housing Act of 1988. While the Section 8 process can be lengthy and costly, Section 21 offers a more straightforward route to eviction.

Proposed measures include restrictions on no-fault evictions following council interventions or legitimate tenant complaints about property conditions, providing tenants with increased security and protection against retaliatory actions.

These legislative changes offer tenants greater security when addressing property-related issues and prevent retaliatory evictions in response to legitimate complaints. Tenants can now raise concerns without fear of reprisal, ensuring their health and safety are prioritized in rental properties.