The Association of Residential Letting Agents has released the text of its evidence to MPs probing so-called revenge evictions'.
The All Party Parliamentary Group for the Private Rented Sector is next week hearing oral evidence on the issue and is taking written submissions.
This is part of the follow up to the private members' bill by Sarah Teather MP attempting to introduce protection for tenants against such evictions and to amend the law on notices seeking possession relating to assured short hold tenancies.
ARLA's written evidence is persuasive.
In summary it says revenge eviction is rare and is the case in approximately only 7,120 out of 3,956,000 tenancies. The association also says section 21 already has safeguards for tenants and it is probable that instigating a revenge eviction would cost landlords more money than merely remedying any problem.
The association says if Teather's bill becomes law and is drafted to specifically target the very small number of rogue landlords which conduct revenge evictions, it will not have a detrimental effect.
But it warns that if any law is drafted to create a loophole in section 21 which can be exploited - such as vaxatious claims designed to frustrate or prolong proceedings or where malicious damage is caused in order to create a defence to legitimate possession claims - then ARLA claims this will create a highly detrimental effect on private rentals.
In detail, here is the wording of key elements of ARLA's evidence:
A recent poll undertaken by possession specialists, Landlord Action, suggests it could be the reason behind around two per cent of landlord possession claims.
However, it is important to consider that according to the English Housing Survey 2010 - 2011 only nine per cent of tenancies ended at the request of the landlord. Therefore, based on these two pieces of research, it can be estimated that retaliatory eviction may occur in approximately 0.18 per cent of tenancies.
Based on the English Housing Survey 2012 - 20132 which suggests there are
currently 3,956,000 tenancies in existence in the UK, this would indicate that approximately 7,120 tenancies may end in retaliatory eviction.
Under Section 21 of the Housing Act 1988, tenants need to be given at least two months notice that the landlord wishes to regain possession of the property and section 21 cannot be used during the first six months of a tenancy or until any fixed-term tenancy has come to an end.
Further, if a tenant complains to the local authority who then issue an Improvement Notice, even if the tenants is subject to retaliatory eviction, the Improvement Notice remains and the landlords will still be required to undertake the repairs or renovations.
After court costs, the likelihood of rent being withheld during the possession proceedings, void periods where the properly stands empty between tenancies, preparing the property for market, advertising and re-letting costs, regaining possession of the property is likely to cost landlords several thousand pounds. Therefore, it is probable that retaliatory eviction is likely to cost landlords more money than merely remedying any problem.
Comments
OMG for once I find myself agreeing with ARLA :D