retaliatory evictions
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Latest property news
No-fault eviction numbers declined by 5,000 last year, official figures show
The government’s recent efforts to end unfair ‘no-fault evictions’ appears to be working after the most recent figures from the Ministry of Justice (MoJ) revealed a sharp decline in their use. There were 29,611 accelerated possession cases or Section 21 ‘no-fault evictions’ last year, the MoJ figures show, nearly 5,000 fewer than the year before. Evictions expert Paul Shamplina of Landlord Action says the slump in no-fault evictions is largely due to the Deregulation Act 2015, which came into force in October that year. It has made no-fault evictions much more difficult and protected tenants against unfair retaliatory evictions when they report legitimate complaints about a property. Correct paperwork The act requires that tenants are served the correct paperwork when they start a tenancy including providing a copy of a property’s EPC, Gas Safety certificate, proof that the deposit has been legally protected and the government’s ‘How to Rent’ booklet. If this paperwork is not served correctly, evictions are much more difficult. Paul Shamplina says this has stopped a lot of landlords using accelerated evictions, often because they aren’t aware of the legislative requirements and then, when a tenant stops paying the rent – which make up 73% of evictions…
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Features
Rogue landlords and agents are not the norm
There are unscrupulous landlords who lock out their tenants and, says Frances Burkinshaw, there are rogue agents too, but they are not the norm!
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Latest property news
‘Retaliatory evictions’ should be reconsidered, says ARLA
The Association of Residential Landlords (ARLA) is calling on the Government to reconsider a recent amendment to the Deregulation Bill which prevents so-called retaliatory evictions after May’s General Election. The House of Lords in February approved a Government amendment to the Deregulation Bill, given Royal Assent last week, which will bring an end to so-called ‘revenge evictions’ by private sector landlords tired of moaning tenants. The new legislation will impose a ban on any landlord from serving a section 21 eviction notice on a tenant for a minimum period of six months if they make a complaint about the state of their property. But the legislation has been criticised for imposing rules that can be exploited by bad tenants. David Cox (left), Managing Director of ARLA, commented, “The provisions in the Act designed to prevent retaliatory evictions by landlords, creates 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…
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Latest property news
Plans to allow sub-letting would be “catastrophic”
Concerns are growing over “catastrophic”plans to permit private tenants to sub-let their tenancies in England, while a Scottish housing organisation is calling on the Scottish Government to introduce a new law banning retaliatory evictions in the private rental housing sector north of the border. Following the Chancellor’s Budget last week, tenant eviction firm, Landlord Action, has expressed grave concern over Government plans to allow private tenants to sub-let their tenancies by preventing landlords from using clauses in residential tenancy agreements that expressly rule out sub-letting. “This appears to have slipped in under the radar which, if it goes ahead, will throw up a multitude of problems in the buy-to-let industry,” said Paul Shamplina (left), Founder of Landlord Action. “We have seen so many sub-letting cases going to court because of unscrupulous tenants trying to cream a profit from a property they have rented,” he added. Landlord Action, which is currently exposing the level of the sub-letting problem in a Channel 5 documentary due to air in a few months, reports that it continues to experience problems with tenants taking out tenancy agreements and then, in some instances, not even moving into the property themselves, but putting up partitions and sub-letting…
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