In a NearlyLegal article, Garden Court Housing Team’s Nick Bano and Jamie McGowan explain what tenants can do if a landlord abuses the possession grounds under the Renters’ Rights Act, coming into force soon.
Housing law is changing. The Renters’ Rights Act, coming into force in May next year, contains provisions that will allow landlords to evict tenants on the basis that they intend to sell up, move in, or instal a family member.
But what will stop landlords from then re-letting the property (probably at a higher rent)?
Under the new regime, tenants will be able to challenge landlords who misuse these possession grounds.
The article walks through how the tribunal will be able make Rent Repayment Orders in these situations and how the statutory tort under section 12 of the Housing Act 1988 will allow tenants to claim damages where a possession order was obtained by misrepresentation or concealment.
This is a practical guide to two parallel routes to redress and covers what tenants need to show, and how the new rules are meant to deter abuse.
Read the full article here.
- Nick Bano specialises in representing homeless people, residential occupiers, and destitute & migrant households. He is ranked in Chambers & Partners and Legal 500 and is author of Against Landlords: How to solve the housing crisis
- Jamie McGowan is a housing specialist pupil barrister at Garden Court Chambers and former tribunal advocate at the not-for-profit organisation Justice for Tenants.
To get in touch with Nick or Jamie, please contact: civillibsandhousingclerks@gclaw.co.uk.
