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

55 Pages Posted: 11 Jun 2015

See all articles by Melissa Thornton Lonegrass

Melissa Thornton Lonegrass

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center

Date Written: March 1, 2015

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

Suggested Citation

Lonegrass, Melissa Thornton, Eliminating Landlord Retaliation from England and Wales -- Lessons from the United States (March 1, 2015). Louisiana Law Review, Vol. 75, No. 4, 2015. Available at SSRN: https://ssrn.com/abstract=2616564

Melissa Thornton Lonegrass (Contact Author)

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center ( email )

440 Law Center Building
Baton Rouge, LA 70803
United States

HOME PAGE: http://www.law.lsu.edu/directory/profiles/melissa-t-lonegrass/

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