By Peter Pownall
Whether this proposed legislation still to be confirmed by the House of Commons and receive Royal Assent is welcome depends on whether you are advising a Landlord or the Tenant in each matter.
It will be welcomed by tenants who have been living in damp unhealthy conditions in a property who have been afraid to report problems to the local authority then running the risk of the Landlord terminating the tenancy on two months’ notice. The Landlord will not be able to serve a notice terminating the tenancy until a period of six months has elapsed from the local authority serving an improvement notice. But will this just put off the inevitable and the Landlord will serve a Section 21 Notice at the end of the 6 months as any relationship between the Landlord and Tenant is likely to have been soured by the Tenant reporting the matter to the local authority?
For Landlords do they run the risk that if a Section 21 Notice is served on the Tenant for genuine reasons the Tenant will submit multiple notices for work which they suggest is the Landlord’s responsibility thereby delaying the inevitable and increasing the cost and losses for the Landlord.
It will be interesting to see how the legislation will be interpreted and operate when it eventually comes into force.