Protecting tenants from revenge eviction
Posted by Sarah Teather, MP for Brent Central, at 16:19, Thu 3 July 2014:
I regularly see people in my Willesden Green office who need help with their housing situation – whether it is because they are homeless, struggling to pay their rent, or because they need a repair carried out to their property. One particular problem that affects private tenants is what’s known as retaliatory eviction.
Shockingly, some landlords evict tenants if they ask for repair work to be carried out to their home. Housing charity Shelter say that just over 213,000 people across England have been evicted or served with an eviction notice in the last year after complaining to their landlord about a problem that wasn’t their responsibility.
The threat of this happening means tenants are often scared to contact their landlord, even if it means living in unsafe or unsanitary conditions. It’s easy to see why tenants can be afraid to contact their landlord.
Take the example of Margo and her family. She noticed problems with the electrics in their flat – the wiring was damaged and as it was close to the plumbing, it was constantly getting splashed. They were also worried by the constant smell of burning, and a visit by the council confirmed it was dangerous. But when they contacted Margo’s landlord, he issued her with an eviction notice. After nearly three years, Margo and her children had to leave their home, their schools and their community.
Everyone should have somewhere comfortable and safe to live. But all too often, tenants put up with things like damp, dangerous electrical fittings and mould because they are too scared to complain.
That’s why I have decided to take action. If my Private Members’ Bill – which I introduced to Parliament yesterday – becomes law, landlords will no longer be able to evict tenants simply because they have reported a serious problem in their home.
If you are a private tenant, I would be really interested to hear from you. Have you been a victim of retaliatory eviction? Have you ever decided not to report a problem because you feared your landlord would make you leave your home?
I would also like to hear from landlords. Have you had tenants who have not reported serious problems to you?
Please let me know by emailing me at teathers@parliament.uk or by commenting below. And please get in touch if you want to raise any other issue with me.
Comments
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Posted by Blair THORPE, 16:35, Thu 3 July 2014: (Is this post abusive?) #
I don't see how this will work. Perhaps a better solution would be that the landlord must give grounds for eviction. Bit like the commercial section of the 1954 L&T act.
I can just foresee bad landlords will just find away around Sarah proposal.
In Margo case did the council follow up on the issue. If its brent I doubt it. They are all talk and politically correct but useless at positive action. If it was dangerous or non compliance then the Council should have taken enforcement so the LL sees little point in evicting as he will still have to do the wirks
Posted by Beverley Smith, 11:33, Fri 4 July 2014: (Is this post abusive?) #
I had been a landlord until recently. Those of us who have tried to help but doing everything we can in the correct manner bear the brunt of the stigma that has been created from the % of landlords who do nothing to help the tenants.
Sarah, you have to understand that when you rent out your property, the majority of tenants do not upkeep the premises to a satisfactory standard, simply because it is "not theirs" and they don't care. They only report problems to landlords when the problem has become irretrievable, resulting in considerable expense, that could have been avoided.
Further, when the tenants do not pay their rent, they are allowed to stay in the property for months, owing the landlord thousands of pounds. The landlord then have to apply to a Court - spend more money; to have them removed. I provided my tenant with her notice and the Council refused to help her because they said if I wanted her out, I should get the bailiffs, get a court order etc. and if I give her a date to leave, that would be an illegal eviction and I would be prosecuted and have to face costs of upto £20,000.
I sold my property in the end because the tenants were causing me too much stress and no benefit to me and my family. The Council were not offering me enough money to cover the mortgage if I let my property to them. I had to PAY my tenant to move out of the property, so that she could have a deposit to secure another place.
So please, spare a thought for us landlords too.
Posted by Isabel counihan sanchez, 16:19, Sun 6 July 2014: (Is this post abusive?) #
My landlord never gave us their address (which is illegal) so we can't prove we reported any problems to them...and they keep their answerphone full and never answer their phone. The council can't do anything to deal with the lack of maintenance unless we've officially reported the problems in writing. Catch 22.
Posted by Isabel counihan sanchez, 16:45, Sun 6 July 2014: (Is this post abusive?) #
I was too scared to ask my landlord to do something about the damp at first.then I decided, on advice from the council,to tell him,and show him the problems.He blamed it on me,knowing that I had struggled to keep my heating on over winter cos of costs (my boiler was costing £4 a day to run the radiators,so I resorted to using an electric radiator and the open fireplace) and said he was going to sell up.So I put up with it, and was aware that I may not be able to get anything better.Then,in February the electrics packed in,and the electrician found water in the sockets (clearly not the type of damp caused by condensation) so I have been living with an emergency socket,running a 4way extention lead into my flat from the fuse box out in the hall.The landlord issued me with an eviction notice,saying he's going to sell up. E.H have been round and said it is serous disrepair,and pushed me up a band on the council's bidding system,but I have still had no luck 5 months down the line.There are just no council property available for me,and the council have no duty of care to me,even if I become homeless! I have only had one flat to view in the private sector as there is a severe shortage of 1beds,(that are prepared to accept H.B too) I am stuck in limbo and the stress of taking its toll.I have been given more medication to cope with it,but I just want some security,I have moved approx every 2years in the last 10,never due to my fault.The situation is dire,and I am still sleeping on a mouldy mattress :(
Posted by Isabel counihan sanchez, 16:47, Sun 6 July 2014: (Is this post abusive?) #
That last post is for me (lucy sparks) not Isabel?