Repairs and Retaliatory Eviction
Wed 15 Apr 2015
The Deregulation Act 2015 will have a major impact on the issue of repairs and maintenance of rented property. These provisions are not due to come into force until October but due to the significance of the changes, Landlords are advised to start considering the implications sooner rather than later.
The new rules are designed to prevent so called 'retaliatory evictions', where the tenant has complained about repairs to the landlord who has then evicted the tenant rather than carried out the repairs. The new legislation will prevent the landlord from evicting the tenant for 6 months, where the Local Authority have confirmed that a repair is required, to prevent a potential risk to heath and safety.
To protect the landlord, this does not apply where the tenant has failed to use the property in a tenant like manner and also where the disrepair is due to a breach of the tenant's obligations in the tenancy agreement.
This will mean that is now even more important to record every report of damage or repair required at the property and each report must be put in writing by the tenant. Each will need to be investigated properly and all actions documented in an auditable trail.
January 2015View older stories >
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