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Retaliatory eviction and Other changes to evictions

Retaliatory Eviction

On 1 October 2015 a number of provisions in the Deregulation Act 2015 will come into force. These provisions are designed to protect tenants against unfair eviction. From 1 October, where a tenant makes a genuine complaint about the condition of their property that has not been addressed by their landlord, their complaint has been verified by a local authority inspection, and the local authority has served either an improvement notice or a notice of emergency remedial action, a landlord cannot evict that tenant for 6 months. The landlord is also required to ensure that the repairs are completed. 

Other changes to evictions

The Deregulation Act 2015 also makes it more straightforward for landlords to evict a tenant where they are allowed to do so. The Government have introduced a new form that landlords must use when they are relying on a ‘no fault’ eviction (a section 21 eviction) which should help to reduce time and inconvenience for landlords, helping them to get their property back as soon as possible. This form must be used for tenancies entered into on or after 1 October, and the Government encourage its use for tenancies entered into before that date as well in order to reduce the capacity for error. The form is contained in The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) (Amendment) Regulations 2015 No. 1725, which can be accessed at: http://www.legislation.gov.uk/id/uksi/2015/1725.

No s.21 notice can be given unless

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