By Judith Loeffler

Eviction 2

Another aspect of the Deregulation Act 2015 coming into force on 1st Oct 2015 is to ensure let property is kept adequately repaired and maintained in compliance with Section 11 of the Landlord and Tenant Act 1985. Unless the correct procedure is followed a Section 21 notice cannot be served to avoid retaliatory evictions as outlined in Section 33 of the Deregulation Act.

Whenever a landlord receives a complaint in writing from a tenant regarding the condition of the property an ‘adequate’ response must be given in writing within 14 days. There is no further definition of ‘adequate’. Landlords need to show they are actively trying to resolve complaints – this requires sending a competent person to inspect any reported problem. The response must also set out the timescales in which remedial action will be undertaken.

If the tenant is unhappy with the response he can complain to the local authority who may then serve a notice requiring works to be undertaken. If such notice is served then no valid Section 21 notice may be served for 6 months from the date of that notice.

A Section 21 notice cannot be served after an actual complaint either by the tenant or service of the notice by the local authority.

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