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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:
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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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