Revenge Evictions
Over the last few weeks, an all party Parliamentary group has launched an urgent inquiry into so-called revenge evictions. At the time of writing, it’s just a few days until MPs are due to debate Sarah Teather’s Tenancies (Reform) Bill. The Bill seeks to protect tenants from retaliatory evictions and amend the law on possession notices for assured shorthold tenancies.
The bill will supposedly give renters more security and improve conditions in the private rented sector, making the eviction process better for renters, landlords and the courts. However, many landlords and lettings agents do not agree. If passed, the bill would make it illegal to evict a tenant within six months of a complaint about a disrepair which could cause considerable problems.
The landlord’s right to reclaim their property without proving fault is vital to most investors. People’s circumstances change. Most of the evictions carried out for our clients are because the landlord needs the property back for their own specific reasons. They may have recently divorced and want to live in the property themselves. They may have lost their job and need to sell for financial reasons. After all, it’s the landlord’s hard earned money that’s invested in the property and they ought to have the ultimate right to recover that property should they wish to, as long as the tenant is not in a fixed term agreement.
I’ve been in the lettings industry for nearly 10 years. In that time I have not had a single client decide to evict a tenant instead of carrying out a necessary requested repair.
I do know of several instances where a landlord is aware repairs are required but has been unable to afford to carry out the necessary work. In that situation, the landlord has decided to evict the tenant in order to sell the property or move back in himself: but never as a ‘revenge eviction’. There have also been situations where the relationship between landlord and tenant has broken down to such a point that it’s better if the tenant leaves before works are carried out.
If this bill does become law in the future, I can see numerous problems ahead.
For instance, what about the burden of proof? Will it be enough for tenants to say they have reported a problem? We have experienced tenants claiming to have reported a problem when we know they haven’t made us aware of the issue in reality. Our procedures are strict and fool-proof. We ask tenants to sign off property visit reports confirming they agree with the condition of the property and that any maintenance requests have been actioned. We know this is unusual and most other agents do not do this. However, it is an invaluable system if we ever need to prove our knowledge or ignorance of a problem.
At Pace, we find the majority of landlords simply want a good tenant and for their property to be well maintained. If they can afford to fix a reported problem, they are happy to do so. No official figures are available detailing the number of revenge evictions actually taking place. Therefore, how can a bill be passed in Parliament when there are no facts available on which to form a solid argument for the change in the law?
