The vast
majority of tenants are unaware of new laws introduced on the 1st of
October which change the Section 21 evictions process.
From 1st
October 2015, under the Deregulation Act 2015, landlords will be unable to end
a tenancy using a Section 21 notice if they fail to address a repairs complaint
made by a tenant which is then referred to a local authority.
On top of this,
at the start of a new tenancy a landlord must provide tenants with a valid
Energy Performance Certificate, an annual Gas Safety Certificate and a copy of
the government's How To Rent guide in order to legally serve a section 21
eviction notice in the future.
There are also changes
to how long a Section 21 notice will be valid for as well as a new Section 21
notice.
A survey of
1,000 tenants, carried out by the National Landlords Association (NLA) last
month, found that 88% are unaware of today's law changes.
The study also found
that 9% of tenants said they were asked to leave a private rented property
after asking for repairs or maintenance to be carried out and some 78% said
their last tenancy ended at the their own request.
Now that the
changes have been introduced, the NLA is calling on local councils to provide a
clear framework for how they plan to deal with complaints in order to ensure
that legitimate ones are taken seriously and that spurious ones don’t
unnecessarily prolong the possession process.
“These kinds of evictions are extremely rare but we have to make sure
that complaints by tenants don’t just get lost in the system, regardless of
whether they’re legitimate or not,” says Richard Lambert, NLA chief executive.
He says it is of
paramount importance that the new system isn't abused by those trying to
prolong the evictions process as the majority of landlords choose to end a
tenancy only when it's 'absolutely necessary'.
“We all know
that local councils are under-resourced but housing problems must take
priority. If a tenant complains about a potentially hazardous issue then both
they and their landlord should have a clear expectation of how and when the council
will deal with it,” Lambert adds.
“If councils
fail to act on complaints then it will undermine the law and tenants’
confidence in a system that’s supposed to protect them”.
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