Legislation now widely known as the law that stopped retaliatory evictions was intended to make bad landlords conform.
But it risks becoming something of a catch-all for otherwise good landlords who inadvertently may have a gap in the paper trail recording their compliance with legislation covering items of maintenance, repairs, and safety checks.
Tenants are likely to have been following the press coverage since the law came into effect on October 1st last year so may be well informed about their tenancy rights – and some more unscrupulous individuals could take advantage of the law to avoid vacating a property when served with a Section 21 notice.
Most important is that landlords ensure that at no time is a tenant given the opportunity to dispute a Section 21 notice. Undesirable tenants tend to become good amateur lawyers, or know someone who is or where to get advice on their rights, as soon as the possession notice arrives. No matter how frustrating the law may be, it’s therefore essential that you can prove the existence of gas and electrical safety certificates, the installation of smoke or CO2 alarms where required, and that general maintenance has been carried out, with defects corrected, as soon as practicable after work is requested by the tenant.
Once a tenant has made a complaint the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015. This makes it imperative for landlords to stay on top of their legal obligations for maintenance and that they attend to repairs before the tenant can head for the local authority’s office and seek the serving of an Improvement Notice.
Whenever you receive a complaint from a tenant regarding the condition of the property you must within 14 days give an “adequate” response in writing. If you don’t comply, a Section 21 notice may not be valid should it be used as evidence in court. The legislation refers to the complaint being in writing but possibly all complaints, no matter how minor, should be clearly logged and receive a response.
The section also provides that if the tenant is unhappy with your response he can complain to the local authority who may then serve a notice requiring works to be undertaken. If such notice is served, no valid Section 21 notice may be served for six months from the date of that notice.
Good processes regarding complaints handling, and a clear understanding by tenants as to who is responsible for accepting complaints, is now more important than ever in residential lettings property management.
As a reminder, the law also stipulates that at the start of the tenancy, the landlord or letting agent must give the tenant details of where and how the deposit is held and copies of both the EPC and, where applicable, the gas safety certificate and the Government’s eight-page booklet “How to Rent: the checklist for renting in England”. This is only available electronically and has to be printed and handed over each time.
Details of what must be served are contained in the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 which can be found here.
Good practice will no doubt dictate that at the time of serving the correct Section 21 notice the rest of the documentation should be re-served so that there can be no question of the tenant having received it.
Lisa Simon,
Partner Head of Residential Lettings
T: 020 7518 3234
