The outlawing of retaliatory eviction

16th November 2015

At least, if you protected your deposit correctly before October of this year and served your Section 21 notice, you could be certain that possession would be mandatory.

Not so any longer. In order to prevent landlords from evicting a tenant as an easier option than effecting vital repairs to a property, there is now a defense against possession through the section 21 notice.

        Now a tenant can claim that that an application for possession by a landlord is actually a retaliatory eviction and, at a stroke, what was once a simple procedural matter is now an argument, which presumably has to be settled in court, in     
        which case a 'bye-bye' can be said to accelerated possession.

What does this mean?

Every landlord must keep a record of any complaints from the tenant during the tenancy and make sure that these complaints are addressed with 14 days of being made. A detailed and accurate record of complaints and resolutions would provide an invaluable resource and a solid defence against any allegation on the tenant’s part of retaliatory eviction.

What are we doing at Champions?

When managing properties, Champions has a sophisticated system for dealing with the  reporting of property problems and we pride ourselves in addressing them promptly, so we are not unduly concerned with this latest legislation, although we can see potential hold ups to possession, even with the best kept records.

If you are managing your own properties, you would be best advised to keep a detailed paper trail of any property complaints and fixes as well as being aware of the necessity of making repairs promptly and effectively.

Failing this, why not contact us about how we can relive you of this burden with our specialised management service?

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