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One million in poor rented housing ‘live with eviction fear’, says CAB

13 June 2007

Many private tenants are living in poor housing because they fear eviction too much to complain, says a Citizens Advice Bureau (CAB) report published today. Evidence shows that some landlords are using a clause in the law to evict tenants in retaliation to requests for repairs or complaints about their accommodation. Government figures indicate that nearly one million private rented homes fail the Government’s decent homes standard and therefore need repair.*

The CAB report, The tenant’s dilemma, highlights the dilemma faced by thousands of tenants - whether to put up with poor housing or exercise their rights to have repairs carried out and risk eviction as a result.

The practice, known as retaliatory eviction, is not recognised in current UK law although other countries have laws against it. Private landlords can use Section 21 of the Housing Act 1988 to end an assured shorthold tenancy agreement – effectively a fast-track means of evicting a tenant - without needing to provide any reason why. Those most at risk are vulnerable tenants on low incomes who can’t simply leave their accommodation and move elsewhere.

Author of the report Debbie Crew, a CAB worker from Merseyside, became aware of the practice whilst helping a woman who was suffering from a serious illness and living in damp, cold accommodation. Her flat had windows that wouldn’t close and was heated only by a small electric bar heater.

The bureau helped her apply for a grant to have central heating fitted, but her landlord refused to pay for safety work needed  to enable her to have it installed. The bureau  advised her that she could take action to require her landlord to carry out the work, but warned her that her landlord might then evict her. Her landlord had previously served notice on tenants who tried to have urgent repairs carried out.  She was so afraid of eviction that she dropped the matter and continues to live in unsatisfactory and dangerous conditions which are affecting her health.

Report author Debbie Crew said;

“It is totally unjust that people exercising their rights can lose their home as a result. I have visited homes that are freezing and damp but the tenant is too scared to complain. CAB advisers are constantly frustrated as there is nothing they can do to help people in this position, yet other countries have laws to prevent landlords from evicting people for exercising their rights.“We want a change in the law to stop this practice by putting restrictions on the use of Section 21 where a tenant has recently exercised their statutory rights regarding disrepair or health and safety issues. “

Chief Executive of Citizens Advice David Harker said:

“Everyone should have the right to live in a safe and decent home, and a change in the law would end the misery endured by many vulnerable people who are too afraid to complain. No responsible landlord has anything to fear from what we are proposing.”

The report includes a national survey of 129 Environmental Health officers and Tenancy Relations officers. Nearly half said that in their experience, people were often put off using the help they offer because they don’t want to put their tenancy in jeopardy. 98% of those questioned said they agreed that legislative changes concerning Section 21 needed to be made.

Research in the report also shows that in Australia, New Zealand and the majority of US states there are laws designed to prevent retaliatory eviction. In several European countries, the problem does not arise because tenants have greater security of tenure.  

Debbie won the Sheila McKechnie campaigning award for Consumer Action for her work on retaliatory eviction, which was presented to her by Chancellor Gordon Brown at 11 Downing Street in April 2007.

The CAB report recommends that where tenants who face eviction believe action has been taken in retaliation, a judge should have the discretion to overrule the use of Section 21.The report also recommends that measures are introduced to prevent landlords from taking retaliatory action by imposing extraordinary rent rises instead.

Case studies

A CAB in West Sussex reported a couple with two young children whose property was in serious disrepair.  When the landlord refused to carry out essential repairs, the clients complained to Environmental Health who issued a schedule of works to be done.  The landlord then served a S21 notice on the clients.  When the bureau contacted the homelessness department on the clients’ behalf, the homelessness officer said it was common practice for landlords to seek to evict tenants who involved Environmental Health.  

A CAB in East London reported a client whose flat was in serious disrepair. She reported this to the council who deemed the property not fit for human habitation. When the landlord found out that the client had reported the problem, he issued a notice to quit. However he offered to let the tenant stay as long as she agreed to a rent increase of £110 a week to cover the costs of the repair.

For help and information on housing matters go to www.adviceguide.org.uk or contact a local CAB.

Download fileThe tenant's dilemma (Adobe Acrobat Document 2mb) - Warning: your home is at risk if you dare complain

* House Conditions Survey, (DCLG 2006)

For more information, interviews and case studies email Sarah Miller

Citizens Advice and Shelter run the National Homelessness Advice Service (NHAS). NHAS is a comprehensive national support service on homelessness prevention advice for Citizens Advice Bureaux and other advice agencies in England.

Notes to editors

  1. The Citizens Advice service comprises a network of local bureaux, all of which are independent charities, and national charity Citizens Advice. Together we help people resolve their money, legal and other problems by providing information and advice and by influencing policymakers. For more information in England and Wales see www.citizensadvice.org.uk
  2. The advice provided by the Citizens Advice service is free, independent, confidential, and impartial, and available to everyone regardless of race, gender, disability, sexual orientation, religion, age or nationality. For online advice and information see New windowwww.adviceguide.org.uk
  3. Citizens Advice Bureaux in England and Wales advised 2.1 million clients on 7.1 million problems from April 2010 to March 2011. For full 2010/2011 service statistics see: www.citizensadvice.org.uk/press_statistics
  4. Out of 22 national charities, the Citizens Advice service is ranked by the general public as being the most helpful, approachable, professional, informative, effective / cost effective, reputable and accountable. (nfpSynergy’s Brand Attributes survey, May 2010).
  5. Most Citizens Advice service staff are trained volunteers, working at around 3,300 service outlets across England and Wales.