Retaliatory evictions are a very nasty aspect of the system under which we currently work. The Renting Homes (Wales) Act 2016 seeks to put an end to these for Welsh tenants. At present, landlord’s are able to rely on a s21 notice to remove those tenants who complain about repairs or threaten to take action against unscrupulous landlords. With the introduction of the new law, this will become a thing of the past.
s217 Retaliatory possession claims to avoid obligations to repair etc.
(1) This section applies if—
(a) a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord’s notice), and
(b) the court considers that the claim is a retaliatory claim.
(2) The court may refuse to make an order for possession.
(3) A possession claim is a retaliatory claim if—
(a) the contract-holder has enforced or relied on the landlord’s obligations under section 91 or 92, and
(b) the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations.
Listen to the audio for this lesson below.