Ian Austin – 2015 Parliamentary Question to the Department for Communities and Local Government

The below Parliamentary question was asked by Ian Austin on 2015-10-09.

To ask the Secretary of State for Communities and Local Government, what advice his Department issues to local authorities on advising private rented sector tenants subject to court orders for possession on the steps they should take to find accommodation.

Brandon Lewis

The statutory Homelessness Code of Guidance for Local Authorities includes advice and guidance to authorities on the actions they can take to prevent homelessness where a person is at risk of eviction from a property. This includes negotiation with landlords or with help to address rent arrears for example. It also explains how authorities should carry out their homelessness duties where eviction takes place.

We have also introduced protections for tenants against “retaliatory eviction”. Where a tenant makes a genuine complaint about the condition of their property that has not been addressed by their landlord, their complaint has been verified by a local authority inspection, and the local authority has served either an improvement notice or a notice of emergency remedial action, a landlord cannot evict that tenant for 6 months using the ‘no-fault’ eviction procedure (a section 21 eviction). A ‘no fault’ eviction is one where the tenant does not have to have done anything wrong, for example not paying the rent, to be asked to leave. The landlord is also required to ensure that the repairs are completed. These rules, set out in the Deregulation Act 2015, apply to all new assured shorthold tenancies that start on or after 1 October 2015. A guidance note is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/465275/Retaliatory_Eviction_Guidance_Note.pdf

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