Revenge Evictions a thing of the past?

Mark Cummings

What is a “Revenge Eviction”? 

Landlords are permitted under the law to serve a "section 21 notice" on assured shorthold tenants, giving the tenant 2 months to vacate the rental premises, without any reason at all.

Unscrupulous landlords have been serving section 21 notices on tenants who have complained that the property has fallen into disrepair. This has meant that Landlords could then immediately re-let the property, without having to carry out the repairs.

In effect, the eviction of the tenant was seen as "revenge" for the tenant having complained about the state of the property and the quality of rental property has suffered.  


What is the new law?

On 16 March 2015 parliament passed the Derogation Bill. This will mean there is a new procedure for dealing with property disrepair:

  • the tenant must complain in writing to the Landlord about the condition of the property;
  • the Landlord will be prevented from serving a section 21 notice and will have 14 days to respond and carry out the required work;
  • if the Landlord does not repair the property within 14 days, the tenant can contact the Local Authority; and
  • the Local Authority will then need to decide whether to serve notice on the Landlord to complete the repairs.


When will this new law come into force?

The Bill has already received Royal Assent, and it is likely that it will become law in October 2105.


What can I do now?

There are still some months before this new bill to protect tenants comes into force and revenge evictions could continue for a short period of time.

If you are a tenant or Landlord affected by housing disrepair issues, or matters surrounding claims for possession, then Samuels can offer expert advice from both perspectives.

Contact us for a free no obligation discussion about how we can help.