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9.8.4 Eviction for bad behaviour:   Our approach to  ‘bad behaviour’ events includes:

                       Behaviour / Breach      Approach
                  Noise disturbance            Personal visits
                                               Assertiveness training for site staff
                                               Events log - using noise app
                                               Get Noise Abatement Notices served


                  Lack of care to apartments   Interim tenancy inspections
                                               Increasing the interim inspection regime
                  Pets                         Revoking pet licences
                                               Agreeing a no pets policy
                                               Helping tenants re-house a pet
                  Furniture damage             Deductions from deposit
                                               Interim tenancy inspections
                                               Increasing the interim inspection regime
                  Washing on balconies         A quiet word
                                               A free clothes horse
                                               Design spec to include over bath rack or line
                  Damage to doors/access       CCTV
                  Theft of communal items      CCTV

           9.8.5  Pitfalls to avoid during the eviction process:
                       st
                 Since  1   October  2015,  the  landlords’  powers  to  serve  Section  21  eviction  notices  (natural  end  of
                 tenancy notice) has been limited.  The rules set out in The Deregulation Act 2015, state that failure to
                 follow a prescribed repairs process can invalidate a Section 21 notice, and, prevent service of a further
                 Section  21  for  6  months.    The  intention  being  to  prevent  ‘retaliatory  eviction’  where  a  tenant  has
                 complained about repairs issues.  Where the landlord controls the common parts, e.g., in Build to Rent
                 developments,  the  Deregulation  Act  repairs  eviction  restrictions  extends  to  common  parts  (where
                 controlled by the same landlord).


                 Under section 33 of the Act, ‘preventing retaliatory eviction’, when served with an improvement notice
                 or emergency remedial action notice by a local authority.  The prescribed process must be followed for
                 dealing with written complaints from your tenant. (Note: a complaint need not be in writing if your
                 tenant does not know your email or postal address).  The process is as follows:
                     Within 14 days of receiving the complaint, you must provide an ‘adequate response’ (a written
                       response describing how you will address the complaint and provide a reasonable timeframe to
                       take action).
                     If your tenant then complains to their local authority about the same or a substantially similar
                       issue, and the local authority decides to issue a category 1 or 2 hazard improvement notice or an
                       emergency remedial action notice, any section 21 notice you issued between the date of your
                       tenant’s complaint and the date of the improvement notice will be invalid.

                 There are a number of exemptions given in the legislation. If a repair notice issued relates to disrepair
                 caused by your tenant either breaching the terms of their tenancy agreement or by failing to use your



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