Question

Landlord Wants Tenant to Leave (England) | Retaliatory Evictions (England)

Serving Section 21 with out-standing maintenance issues

15 Dec 2017 | 2 comments

Our tenants moved in in 2012 with a AST tenancy which went to statutory periodic the same year. No rent raise or change of contract since.

Want to serve S21 but solicitor advising that we need to fix maintenance issues before serving S21.
She says “the law does not allow landlords to commence possession proceedings when there are outstanding complaints about the condition of the property.”

There has not been an improvement notice served, but she thinks if it went to court, that the court will think it retaliatory and is likely to be struck out.

My understanding is that the maintenance issues are only relevant if the tenancy was after 2015. Is this the case?

Answer

2 Comments

  1. guildy
    guildy on 15/12/2017 at 8:02 pm

    You are absolutely right and the retaliatory provisions only apply to a tenancy or renewal granted on or after 1 October 2015.

    It will apply to all tenancies from October 2018.

    See here for full details

    • RES1
      RES1 on 29/01/2018 at 9:53 am

      Thank you for your prompt reply. Out solicitor has just confirmed this is the case.

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