‘Retaliatory evictions’ should be reconsidered, says ARLA

first_imgHome » News » ‘Retaliatory evictions’ should be reconsidered, says ARLA previous nextRegulation & Law‘Retaliatory evictions’ should be reconsidered, says ARLAARLA has responded to measures outlined in the new Deregulation Act, which has now been given Royal Assent.PROPERTYdrum31st March 20150558 Views The Association of Residential Landlords (ARLA) is calling on the Government to reconsider a recent amendment to the Deregulation Bill which prevents so-called retaliatory evictions after May’s General Election.The House of Lords in February approved a Government amendment to the Deregulation Bill, given Royal Assent last week, which will bring an end to so-called ‘revenge evictions’ by private sector landlords tired of moaning tenants.The new legislation will impose a ban on any landlord from serving a section 21 eviction notice on a tenant for a minimum period of six months if they make a complaint about the state of their property. But the legislation has been criticised for imposing rules that can be exploited by bad tenants.David Cox (left), Managing Director of ARLA, commented, “The provisions in the Act designed to prevent retaliatory evictions by landlords, creates a number of unintended consequences. ARLA supports the principle of legislation seeking to stop landlords from evicting tenants in response to a genuine disrepair issue. The measures will mean that protections previously afforded to compliant landlords may be eroded by dishonest tenants using the new powers to defend against legitimate possession proceedings; possibly by intentionally causing damage to properties.”The decision to approve the new regulation targeted at tackling the problem of retaliatory eviction has also been criticised by the CLA, which represents landowners, farmers and other rural businesses.CLA President Henry Robinson (right) said, “We support action to prevent retaliatory evictions but this law will not stop bad landlords evicting tenants. It is much more likely to give tenants that are damaging the property or not paying their rent scope to delay eviction. As a result it will cause significant uncertainty for thousands of responsible landlords throughout rural communities.“This is the definition of bad policy making. It imposes a poorly designed, burdensome new regulation as part of a law that is supposed to be about ‘deregulation’. By forcing through this law, Ministers risk setting back significantly the opportunity for putting in place measures that will tackle the minority of bad landlords that we agree should be targeted with regulation.”Aside from the scrapping of so-called retaliatory evictions, ARLA would also like the Government to consider Section 44 of the new Act, relaxing the restrictions on the use of residential properties for short term lettings in London, as the organisation believe that it will have “an adverse effect” on the capital’s “long established and unique communities”.Mr Cox continued, “The added ability for residential homeowners to use their properties as ‘pseudo-hotels’ will lead to a constant churn of short term tenants, eroding the foundations of existing communities. Moreover, the new measures may lead to longer-term, more established tenants being forced out; an increase in anti-social behaviour; reduced security and an increased risk of crime for permanent residents. London’s success is predicated upon its varied but long established community identities, coupled with the ever-growing strength of its booming lettings market.”ARLA retaliatory evictions Deregulation Bill March 31, 2015The NegotiatorWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles 40% of tenants planning a move now that Covid has eased says Nationwide3rd May 2021 Letting agent fined £11,500 over unlicensed rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021last_img

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