Deregulation Act 2015 – Retaliatory Evictions

The 2015 Act has also made the following changes to no-fault eviction legislation (which came into force on 1 October 2015):

Retaliatory Evictions

If a landlord is served with a Housing Act 2004 improvement notice in relation to category 1 or category 2 hazards, or an emergency remedial action notice under s40(7) of the Housing Act 2004. The landlord cannot serve a section 21 notice within six months of the Housing Act 2004 notice being served, or within six months of such a notice being suspended[i].

Any section 21 notice served by a landlord would be invalid if[ii]:

  • before the landlord served the notice, the tenant had made a written complaint to the landlord (or the landlord's agent) about the condition of the property;
  • the landlord did not provide a response to the complaint within 14 days or provided an inadequate response (by not describing the remedial action to be taken nor setting out a reasonable timescale for such action);
  • the landlord served a section 21 notice following the tenant's complaint;
  • the tenant then complained to their local housing authority about the matter; and
  • the local housing authority then served a Housing Act 2004 improvement/emergency remedial notice on the landlord.

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