NEW- Preventing retaliatory eviction

 
  • Part  33 Section 1 - If a disrepair is substantiated issuing of a Section 21 prohibited for 6 months

    Part  33 Section 2 states - A section 21 notice, given in relation to an assured shorthold tenancy of a dwelling-house in England, is INVALID where:
SUMMARY OF NEW LAW
THIS PAGE
Deposit Protection Compliance
Restrictions - Section 21 Notices
Time Frames and Legal refs
 
 
  • The tenant informs the landlord (or agent) in writing of the need for repair in the property or any common parts they have a right to use. The Landlord or agent fail to provide an 'adequate response' to the complaint within 14 days of such being received. [so mysteriously the tenant now produces a back dated letter of complaint and the use of Section 21 to evict thereafter maybe blocked]. Should the Tenant complain to the relevant local housing authority and such be upheld then the courts must strike off the Section 21 eviction proceedings - We envisage contrary to the essence of the Bill even if eviction has proceeded to Bailiffs possession MAY BE denied and Bailiffs cancelled. Legislation relating to this section Part 33.Preventing retaliatory eviction
  • What is deemed a valid repair to prevent use of Section 21 Notice? Surprisingly “relevant notice” means identified using HHSRS inspection by Council— (a) a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards), (b) a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or (c) a notice served under section 40(7) of that Act (emergency remedial action);
  • No Section 21 can be issued for 8 months In addition where there is a valid complaint determined by the relevant local housing authority. No section 21 Notice can be given within six months beginning with the day of service of the relevant notice, so technically Section 21 notice cannot be dated to expire until the eighth month - So the Tenant blocks eviction for spurious claim the Landlord then repairs, Landlord cannot issue a notice until 6 months then mysteriously the Tenant claims a new disrepair so loop commences.  
  • What is an adequate Landlord response to alleged repair governed by Sub Section 3 is deemed as being a description of the action that the landlord proposes to take to address the complaint, and sets out a reasonable timescale within which that action will be taken. The word 'reasonable' is highly subjective and open to legal aid challenge such interpretation could be used to prevent eviction - Legislation relating to this section Part 33.Preventing retaliatory eviction
  • There are exemptions in this legislation; such as selling that veto the tenants right to prevent the use of Section 21 as an example "breach by the tenant to use the dwelling-house in a tenant-like manner", but proving tenant like manner is highly subjective - quality proof such as video of condition of the property at commencement of tenure and subsequent inspections would be vital.

PIMS ADVICE TO MEMBERS

  • The Landlords associated costs of Tenancy Eviction could be increased significantly by the resulting spurious counter claims. PIMS predicts within two years this legislation shall be further revised for the way it has been drafted, it is wide open to abuse and will result in an increase in legal aid expenditure. This is because failing to repair shall be construed as act of Harassment as defined by Unlawful Eviction Act, which is a criminal offence.
 
Implementation time frames
 
There is much industry confusion as to time frames but implies Legislation phased in depending on commencement of tenure and which component of this act applies. Subject to subsections (2) and (3), a provision of sections 33 to 40 applies only to an assured shorthold tenancy of a dwelling-house in England granted on or after the day on which the provision comes into force defined in Part 41 Application of sections 33 to 40
 
For Clarity the Exact component of this law is Part 33 Preventing retaliatory evictionExemptions Further exemptions to section 33
 
  • PIMS do however believe Landlords and Agents proceed with caution [adopting new working practices] as we envisage new legislation is always prone to legal challenge in that "The fact their clients Tenure commenced earlier and another person whos tenure commenced after 27th March 2015 is afforded greater protection is contrary to Section 8 of their clients Human rights" You would not believe the Barrister Arguments we have seen when it comes to Legal Aid Tenant defences- Sadly we suspect this defence would have legs to take to Court of Appeal. Time shall tell how these new laws are challenged  and subsequent case law shall prevail and create clarity 
 
The Governments Official Position on this is

 

  • protect tenants against the practice of retaliatory eviction where they have raised a legitimate complaint about the condition of the property and a Local Authority has issued a notice confirming that the repair needs to be carried out to avoid a risk to health and safety (Improvement Notice or Notice of Emergency Remedial Action);
 
 
  • Note PIMS Technical reference - there are considerations re latest statute change re prescribed forms which shall see introduction of Prescribed Section 21 Notice and possibly revisions relating to Prescribed information with regards pre protocol action for service of Section 21 Notices.  When the Prescribed Section 21 becomes into being we shall update you - Be advised NEW Section 8 Notice and other forms are also due on 6th April 2015 -  http://www.legislation.gov.uk/uksi/2015/620/pdfs/uksi_20150620_en.pdf