Retaliatory evictions

The law now gives more protection to tenants who are told to move out after they ask their landlord for a repair. This action by landlords is called retaliatory eviction.

You can read more in the government’s how to rent guide or read page 11 of the retaliatory eviction guidance for more information on the complaints process.

Since 1 October 2015, Sections 33 and 34 of the Deregulation Act 2015 came into force. This prevents landlords from giving you a Section 21 notice (no fault two months’ notice to leave the property) for six months if:

• You have made a complaint about the condition of your property to your landlord
• The landlord failed to acknowledge the problem or undertake the repairs

The disrepair needs to be verified by Portsmouth City Council, and a relevant notice will be served on your landlord.

These conditions do not apply where a statutory periodic tenancy starts either on or after 1 October 2015, or when a fixed-term tenancy that began before that date ends.

If your landlord has served you a Housing Act 2004 notice about the property, they can’t give you a Section 21 eviction notice for the property within six months from the day of notice being served – or if the notice has been suspended, within six months from when the suspension ends.

A relevant Housing Act 2004 notice is:

• an improvement notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards),
• an improvement notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or
• a notice served under section 40(7) of that Act (emergency remedial action).

Once a Housing Act notice has been served, your landlord can’t give you a Section 21 eviction notice for six months – even if the required works contained in the notice are completed within the given timescales.

Even though landlords usually have to wait six months after sending a Housing Act notice before giving a Section 21 notice, there are a number of exclusions where this notice can be given sooner. These exclusions are:

• If the improvement notice was served in error and as a result the whole improvement notice is revoked under section 16 Housing Act 2004, a section 21 notice may be served after the notice has been revoked.
• If the landlord requests Portsmouth City Council to revoke an improvement notice on the grounds it was served in error and we refuse, the landlord can appeal to the first-tier tribunal about the refusal. If on appeal the first-tier tribunal decision is to revoke the notice, a section 21 notice can be served.
• If an appeal against the improvement notice on other available grounds (such as works not necessary etc.) is successful at the first-tier tribunal and the notice is quashed, a section 21 notice may be served after it has been quashed by the first-tier tribunal.
• If an appeal is made to the first-tier tribunal against Portsmouth City Council taking emergency remedial action which reverses the notice, a section 21 notice may be served after the reversal by the first-tier tribunal.

The six-month rule doesn’t apply if the property is genuinely up for sale when the Section 21 notice is given.

At the start of a new tenancy, the landlord should provide a tenant with certain documents. These include the following:

• A valid Energy Performance Certificate: An Energy Performance Certificate (EPC) contains information about how much it will cost to heat the property. It also offers recommendations about how to reduce energy costs and save money.
• A valid annual Gas Safety Certificate: A Gas Safety Certificate is proof that the gas appliance has been checked by a Gas Safe registered engineer. Each gas appliance must be checked and certified each year.
• A copy of the Department’s “How to rent: the checklist for renting in England” guide: This can be provided in electronic format as a PDF if the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy. Otherwise, the guide should be supplied in paper copy. This is a short booklet that gives tenants key details about their rights, and what they should expect from private renting. It also gives information about what to do if there is a problem during the tenancy.