Housing Improvement Notice - Effect On Validity Of Section 21 Possession Notice

The Deregulation Act 2015 came into force on 26 March 2015.    It brings into force a new section 21A of the Housing Act 1988. At present it is anticipated that this will become law on 1^st October 2015. If a tenant complains in writing to the landlord about the state of repair or condition of the property and then a landlord serves a section 21 notice requiring possession the Local Authority can serve an improvement notice which renders the section 21 notice invalid for a period of 6 months after the issue of the improvement notice. These provisions therefore restrict a landlord's ability to serve a Section 21 notice in circumstances where the tenant has complained about the condition of the premises or the common parts of a building of which the premises form part, and the landlord either did not respond within 14 days, provided an inadequate response or responded by serving a Section 21 notice. The reasoning behind the new provision is to prevent the "revenge eviction" by a landlord when a tenant complains about the condition of the property. The tenant can make the same complaint to the Local Authority which has the right to inspect residential premises and serve enforcement notices such as an improvement notice for repairs to be carried out within a specified time.   The landlord cannot serve a Section 21 notice within six months of the date of service of the enforcement notice (or, if the operation of the notice has been suspended, within six months of the date on which the suspension ends). As a landlord or managing agent it is important to adequately respond to any complaints about maintenance or the condition of the property from the tenant within 14 days. For more information please contact Liz Shaw on 01142666 660 or at [email protected]