GN41-15 Deregulation Act 2015 - Retaliatory Eviction

The Deregulation Act 2015 contains several provisions in it that detract from the simplicity of assured shorthold tenancies to date.  This note deals specifically with the issue of retaliatory eviction which the Act seeks to curtail.  The concern that is being addressed is that many tenants feel unable to complain about serious health and safety problems with their accommodation as they fear the landlord would evict them.  The mechanism employed to allay this fear is that if there is found to be a serious issue of disrepair that the landlord does not address sufficiently, the landlord will be prevented for a period of time from obtaining possession under the section 21 procedure of the Housing Act 1988.  The provisions come into effect on 1st October 2015 for all new assured shorthold tenancies (ASTs) granted in England on or after October 1st 2015 and then to all ASTs from October 2018 irrespective of when they started.

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