Retaliatory eviction - Citizens Advice

Shelter Cymru & Citizens Advice CymruMaking rights real: preventing retaliatory evictions in WalesImpacts on low income householdsIn an ideal world tenants would be able to exercise their consumer choice and avoid properties in poorstates of repair. Unfortunately, in reality tenants rarely have a great deal of choice. This is a seriousproblem for those on lower incomes, who are often forced to accept poor quality accommodation due tolack of other options.This situation is worsening due to recent changes in Local Housing Allowance (LHA): our caseworkincludes many examples of private tenants having to put up with substandard and often dangerousaccommodation because, in the aftermath of LHA cuts, they simply cannot afford to live anywhere else.Furthermore, the under-occupancy penalty, or 'bedroom tax' is widely expected 15 to push householdsfrom the social sector into the PRS due to the undersupply of one- and two-bedroom social sectorproperties. This will serve to increase competition for housing at LHA rent levels.People hit by welfare reform have the greatest need for protection from retaliatory eviction. While theWelsh Government may be limited in what it can do to relieve people in Wales from the impacts of welfarereform, protection from retaliatory eviction represents a positive step that could improve conditions forthose hit the hardest by benefit changes.Case studyA family in south Wales noticed a problem with damp in their privately rented home. They raisedit with the letting agent but the problem remained unaddressed, so they then turned to the localauthority Environmental Health department. Following an inspection of the property, EnvironmentalHealth served the landlord with notice to address the damp. Shortly after this the landlord initiatedpossession proceedings.What can be done in Wales?Many other countries in the world have protection from retaliatory eviction enshrined in law. In chapter 2 ofthis report we look in detail at how these provisions work.However, protection from retaliatory eviction will not solve the whole problem of disrepair in the WelshPRS. Our casework shows many examples of landlords who simply refuse point-blank to invest in repairs,despite official proceedings. In some cases tenants are living in such poor conditions that they feel theyhave no choice but to abandon the property.15 For example, see http://www.housing.org.uk/media/press-releases/bedroom-tax-some-home-truths12