Tenants in the private rented sector in England who formally complain about issues such as damp and mould in their home have an almost one in two chance of being issued an eviction notice within six months, according to a new report.
Charity Citizens Advice estimates in a new piece of research this has affected about 141,000 tenants since laws attempting to ban revenge evictions were introduced in 2015.
The research found complaining dramatically increases a renter’s chance of getting an eviction notice when compared to people who do not complain. Tenants who had received a section 21 no-fault eviction notice (EHO) were twice as likely to have complained to their landlord, five times more likely to have gone to their local authority and eight times more likely to have complained to a redress scheme.
The charity argues the figures prove 2015 laws designed to prevent families and other tenants in the private rented sector from being evicted after raising a complaint have not worked.
The research includes a unique survey of council Environmental Health Officers (EHO) that found three in every four EHOs saw tenants receive a no-fault eviction after complaining last year. Of the officers who had been in their role before the 2015 Act was passed, 90% said they have not seen a drop in revenge evictions.
With the private rented sector being the second most common tenure in England with 4.7 million households, including 1.7 million families with dependent children, Citizens Advice is calling for laws around tenant security to be significantly strengthened.
While the charity backs the government’s proposals for minimum three year tenancies, it says it is concerned that potential loopholes may undermine protections that longer tenancies provide.
Citizens Advice is calling for three year tenancies to be written into law, and for these tenancies to include limits on rent rises to prevent landlords from effectively evicting tenants through pricing them out, no break clause at six months, and allowing tenants to leave contracts early if the landlord doesn’t uphold legal responsibilities.
The charity also believes if three year tenancies are agreed, the government should then review grounds for section eight evictions, normally used when tenants are antisocial or fail to pay rent, to allow landlords to recover the property if they choose to sell up.
‘The chance of a family being evicted from their home for complaining about a problem shouldn’t carry the same odds as the toss of a coin. Those living in substandard properties must have greater protection against eviction when they complain,’ said Gillian Guy, chief executive of Citizens Advice.
‘Our report shows that well-intentioned laws created to put an end to revenge evictions have not worked, and a new fix is needed. There are serious question marks over the existence of a power that allows landlords to unilaterally evict tenants without reason, known as section 21,’ she pointed out.
‘While Government plans for minimum three year tenancies is a step in the right direction, these changes must be strong enough to genuinely prevent revenge evictions once and for all,’ she added.
The Chartered Institute of Environmental Health (CIEH) welcomed the report. ‘This report shines a light on the murky world of revenge evictions. It’s been nearly three years since the introduction of legislation designed to protect tenants from unfair evictions, yet it is still happening across the country,’ said Tamara Sandoul, policy manager at CIEH.
‘Environmental Health Professionals, who deal with this on a day to day basis, have their hands tied by poorly designed legislation that puts all formal enforcement action in the hands of the local authority, who are often unable to properly take the necessary action,’ she explained.
‘A combination of limited resources, the numbers of properties requiring works to be done, and the timeframe and cost of taking formal action, means that many authorities use a risk rating approach when deciding where resources should be channelled. This legislation must be reviewed as soon as possible in order to protect tenants who have a genuine complaint about the disrepair or the condition of their rented property,’ she pointed out.
‘We strongly support the report’s recommendation to allow tenants more powers to leave a tenancy early if the landlord does not uphold their responsibilities. Rented housing should provide a safe and healthy environment for everyone, yet renters are obliged to continue paying rent even if the condition of the property is unsafe and the landlord is taking too long to rectify the situation,’ she added.
‘This leaves renters trapped. Revenge evictions simply cannot be allowed to continue and we urge the Government to take tangible steps to resolve these injustices as a priority,’ she concluded.
