Eliminating Landlord Retaliation from England and Wales -- Lessons from the United States

Abstract

Retaliatory eviction has been the subject of much recent public debate in the United Kingdom. Tenant advocates in England and Wales claim that landlord retaliation is widespread — even rampant — with over 300,000 tenants experiencing some form of landlord retaliation each year. In their efforts to keep anti-retaliation initiatives in the United Kingdom afloat, tenant advocates point to common law jurisdictions around the world whose landlord-tenant law prohibits retaliatory conduct. New South Wales, Australia, New Zealand, and even the United States provide for these protections — why then should not the United Kingdom? Thus far, comparisons to foreign law have been limited and cursory, pointing only to the presence or absence of anti-retaliation regimes in the law. More comprehensive examination of retaliatory eviction regimes abroad — both in their letter and their application — is lacking. This Article seeks to contribute to the legal–political debate surrounding landlord retaliation in England and Wales by providing a detailed, contextual analysis of retaliatory eviction laws in the United States and their success at home.

Keywords: landlord, tenant, retaliation, eviction, retaliatory eviction, reform, England, Wales