Tenant-landlord relationships can sometimes become contentious, especially when tenants frequently lodge complaints about property conditions, neighbors, or lease terms. While tenants have the right to raise genuine concerns, landlords might wonder whether excessive complaints could justify eviction. This article explores the legal landscape regarding evictions, focusing on section 21 eviction notice in the UK.
Understanding the Tenant’s Right to Complain
Tenants have a fundamental right to live in a safe, well-maintained property. Landlords are legally obligated to address genuine concerns related to repairs, health and safety hazards, and breaches of the tenancy agreement. Under the Landlord and Tenant Act 1985, tenants can request repairs and expect timely responses. The Homes (Fitness for Human Habitation) Act 2018 further enforces landlords’ responsibilities in providing habitable living conditions. However, some tenants may frequently complain about minor issues or use complaints as a strategy to delay rent payments or resist eviction. This raises the question: can a landlord evict a tenant for excessive complaints?
Retaliatory Eviction and Its Implications
Evicting a tenant solely for making complaints can be classified as a retaliatory eviction, which is illegal under certain circumstances. The Deregulation Act 2015 protects tenants in assured shorthold tenancies (ASTs) from eviction if they have reported serious housing disrepair issues to the local council. If the council issues an improvement notice, the landlord cannot serve a Section 21 notice for six months. While excessive complaints can be frustrating for landlords, eviction on these grounds alone can be legally problematic. Landlords must ensure they have valid legal reasons for eviction that align with the relevant statutory provisions.
Section 21 Eviction Notice: No-Fault Eviction
A Section 21 eviction notice allows landlords to regain possession of their property without providing a specific reason, provided the fixed term of the tenancy has ended or a break clause is in effect. This is often referred to as a no-fault eviction.
Requirements for Serving a Section 21 Notice:
Proper Notice Period – Landlords must provide tenants with at least two months' notice.
Compliance with Legal Requirements – Landlords must have:
Provided tenants with an Energy Performance Certificate (EPC), Gas Safety Certificate, and the Government’s How to Rent Guide.
Protected the tenant’s deposit in a government-approved scheme.
Not received an improvement notice from the local council in the past six months (to prevent retaliatory eviction claims).
If a tenant is making excessive complaints but not reporting serious repair issues that involve local authorities, a landlord can use eviction notice section 21 to regain possession legally. However, the government has proposed plans to abolish Section 21, so landlords must stay updated on potential legislative changes.
Section 13 Notice: Rent Increases and Tenant Complaints
A Section 13 notice allows landlords to increase rent during a periodic tenancy (rolling contract) if there is no rent review clause in the agreement. If a tenant frequently complains about property issues while paying below-market rent, a landlord may consider using a Section 13 notice to raise rent to fair market levels. However, tenants can challenge excessive rent increases through the First-tier Tribunal.
Alternative Legal Grounds for Eviction: Section 8 Notice
If a tenant’s excessive complaints are accompanied by behaviors that breach the tenancy agreement, a Section 8 eviction notice may be appropriate. Section 8 notices allow landlords to evict tenants based on specific grounds listed in the Housing Act 1988. Relevant grounds for eviction might include:
Ground 12: The tenant has breached terms of the tenancy agreement (e.g., persistently harassing the landlord or making unfounded allegations).
Ground 14: The tenant has engaged in antisocial behavior, including harassment of the landlord or neighbors.
Ground 8, 10, or 11: The tenant is in rent arrears.
Unlike Section 21, Section 8 requires landlords to provide evidence and may lead to a court hearing where the judge decides whether eviction is warranted.
Best Practices for Landlords Handling Excessive Complaints
Instead of immediately resorting to eviction, landlords can take proactive steps to address the situation:
1. Keep Records of Complaints
Maintain detailed documentation of all tenant complaints, eviction, your responses, and any maintenance work carried out. This will help if you need to justify eviction later.
2. Communicate Effectively
Open, professional communication can help resolve misunderstandings and de-escalate conflicts. If complaints appear unreasonable, politely address concerns and set clear expectations.
3. Seek Mediation
If complaints become excessive but do not warrant eviction, mediation services can help both parties reach an understanding without legal proceedings.
4. Assess Whether Complaints Are Valid
Some tenants may have legitimate grievances. Conduct periodic inspections to verify complaints and carry out necessary repairs.
5. Ensure Eviction is Lawful
Before issuing an eviction notice, consult a legal professional to ensure compliance with current housing laws and regulations.
Conclusion
Evicting a tenant for excessive complaints alone can be legally risky, especially if complaints involve genuine repair issues. However, if a tenant’s behavior becomes unreasonable, landlords can consider legal eviction routes such as a section 13 notice (where applicable) or a Section 8 notice if the tenant breaches the tenancy agreement. Landlords should always document interactions, communicate effectively, and seek legal guidance before proceeding with eviction. Understanding the legal framework ensures that any eviction process is carried out fairly and lawfully, reducing the risk of disputes or legal challenges.
