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The Tenant’s Dilemma

Posted: January 2nd, 2009 | Author: James | Filed under: Assured shorthold tenancy, Section 21, Security of Tenure | No Comments »

The Citizens Advice Bureau has a valuable report on their site (thanks Owen!).  As the front line for helping out tenants in trouble, it’s amazing that they actually have to qualify their advice with a warning:

One of the frustrations which CAB advisers face when advising private tenants about disrepair is that any advice about their rights has to come with the warning that exercising these rights may result in the landlord issuing notice to quit.

This situation makes it clear why security of tenure is so important.  Without it, there is little or no point in providing other rights - the landlord can simply evict rather than deal with the problem.

The report details that there is overwhelming support from Environmental Health Officers and Tenancy Relation Officers for reforming the legislation on section 21 (only 2% respond that it is not needed).  It also has a very good section on how this works in other countries.  In general, you either have real security of tenure or specific law about retaliation (similar to employment tribunals).

I recommend you read this report, the case studies make shocking reading.