Understanding Retaliatory Eviction
Retaliatory eviction happens when a landlord tries to evict a tenant simply because the tenant has complained about problems in their home or has asked for repairs to be carried out. This type of eviction is often called “revenge eviction”, and it is considered both unfair and illegal in many situations.
In the UK, the law recognises that tenants should not be punished for standing up for their rights or for requesting that their home is kept in a safe and liveable condition. Retaliatory eviction refers specifically to cases where a landlord serves notice to end a tenancy because the tenant has raised concerns about repairs, safety issues, or poor living conditions. For a full explanation, see What is retaliatory eviction? and the detailed guidance from Retaliatory Eviction.
UK law protects tenants from being evicted as a direct response to making a complaint or requesting repairs. Under the Housing Act 1988, Section 21, landlords cannot use a “no-fault” eviction notice to remove tenants if certain conditions are met after a tenant has reported problems to the landlord or the local council. If the council then serves an improvement notice or carries out emergency remedial action, any Section 21 notice served afterwards is likely to be invalid.
This legal protection is designed to ensure that tenants are not discouraged from reporting hazards or requesting necessary repairs out of fear of losing their home.
Some situations that may be considered retaliatory eviction include:
Your landlord gives you notice to leave shortly after you complain in writing about damp, mould, faulty heating, or other repair issues.
You ask your landlord to fix a broken boiler, and within a few weeks you receive an eviction notice.
You contact the local council about poor living conditions, and your landlord responds by trying to evict you.
In these cases, the timing and reason for eviction are key factors. If there is a clear link between your complaint and the eviction notice, it may be classed as retaliatory.
Understanding your rights is crucial if you think you are facing a retaliatory eviction. The law is on your side, but you need to act quickly and gather evidence, such as copies of your complaints, photographs of disrepair, and any correspondence with your landlord or the council. If you receive an eviction notice after making a complaint, you may be able to challenge it and remain in your home.
For more detailed advice on how to protect yourself and what steps to take, see the main page on Retaliatory eviction or consult trusted resources like Retaliatory Eviction.
By knowing your rights and the rules around retaliatory eviction, you can take action confidently if your landlord tries to evict you for simply asking for a safe, well-maintained home.
Your Rights When Complaining or Requesting Repairs
As a tenant in the UK, you have the legal right to complain about problems in your home and to request that your landlord carries out necessary repairs. This right is protected by law, and your landlord cannot evict you simply because you have raised concerns or asked for repairs to be done.
It is unlawful for a landlord to evict a tenant as punishment for complaining about issues or requesting repairs – a practice known as “retaliatory eviction.” The Protection from Eviction Act 1977 makes it illegal for landlords to harass or unlawfully evict tenants. If you are served an eviction notice shortly after making a complaint or requesting repairs, this could be considered retaliatory, and you may have grounds to challenge it.
In addition, the Deregulation Act 2015 introduced further safeguards for tenants in England. If you report a repair issue to your landlord and they fail to act, you can contact your local council. If the council then serves an improvement notice or carries out emergency remedial action, your landlord cannot legally evict you using a Section 21 notice for six months after the notice is served.
Landlords are legally required to keep your home in good repair. Under the Landlord and Tenant Act 1985, Section 11, your landlord must ensure that the structure and exterior of the property, as well as installations for water, gas, electricity, sanitation, and heating, are maintained in safe working order. If these standards are not met, you are entitled to request repairs without fear of losing your home.
To protect your rights, it is important to follow the correct process when raising issues with your landlord. Always make your complaint or repair request in writing – email is usually best, as it provides a clear record of your communication. Clearly describe the problem, when it started, and how it affects you. If possible, include photos or other evidence.
If your landlord does not respond or refuses to carry out necessary repairs, you may need to escalate the issue. For a step-by-step guide on how to do this, see How to complain or escalate repairs issues.
Keeping detailed records is crucial. Save copies of all emails, letters, and texts you send to your landlord, as well as any replies. Take dated photos of the problem areas and keep notes of any phone calls, including the date, time, and what was discussed. This documentation can be vital if you need to prove that you made reasonable requests or if you have to challenge an eviction notice in court.
You have the right to live in a safe and well-maintained home, and you should never feel threatened with eviction for speaking up. The law is on your side – knowing your rights and following the correct procedures can help you protect yourself from unfair treatment. For more details on your legal protections, see the Protection from Eviction Act 1977 and the Landlord and Tenant Act 1985, Section 11.
Recognising Retaliatory Eviction Attempts
Retaliatory eviction happens when a landlord tries to evict you because you have complained about conditions in your home or requested repairs. Knowing how to spot the signs of retaliatory eviction can help you protect your rights and challenge unfair treatment.
One of the clearest signs of a retaliatory eviction is if you receive an eviction notice soon after you have:
Reported a repair issue to your landlord or letting agent
Made a formal complaint about the condition of your property
Contacted your local council about housing standards or safety concerns
For example, if you ask your landlord to fix a broken boiler or deal with damp, and they respond by serving you a Section 21 notice (sometimes called a “no-fault” eviction) within weeks, this could be considered retaliatory. The law recognises this risk and offers certain protections, especially for tenants in England under the Deregulation Act 2015.
It’s important to distinguish between retaliatory eviction and eviction for legitimate reasons. Landlords are allowed to evict tenants if there are valid grounds, such as unpaid rent and rent arrears, anti-social behaviour, or if the tenancy has legally ended.
Retaliatory eviction is different because the main reason for the notice is your complaint or request for repairs, not a breach of your tenancy agreement. If you have kept up with your rent and followed the rules of your tenancy, but your landlord tries to evict you after you raise issues about the property, this could be unlawful.
Landlords must not:
Evict you simply because you have complained about repairs or conditions in your home
Harass or threaten you for raising issues or contacting your local council
Ignore legal requirements for serving notice or carrying out repairs
If you have reported a problem and your local council has served your landlord with an improvement notice or emergency remedial action notice, your landlord cannot legally serve you with a Section 21 eviction notice for six months. This protection is set out in the Deregulation Act 2015 (for tenancies in England).
Harassment or illegal eviction is a criminal offence. If you feel threatened or are forced out without proper notice, you can seek help from your local council or, in serious cases, the Crown Court may be involved. For more information on your rights and the legal consequences for landlords, see the government’s guidance on My landlord wants me out: protection against harassment and illegal eviction – GOV.UK.
Keep records of all communication with your landlord about repairs or complaints.
If you receive an eviction notice after raising concerns, seek advice straight away.
Contact your local council’s housing department if you believe you are facing a retaliatory eviction.
Understanding the difference between a fair eviction and one that is retaliatory can make a big difference in protecting your home and your rights as a tenant.
How to Challenge an Eviction for Complaining or Requesting Repairs
When you believe your landlord is trying to evict you because you complained about your home or requested repairs, it’s important to know that you have rights and options to challenge this action. Here’s what you can do to protect yourself from a retaliatory eviction:
Start by collecting all relevant documents and records. This evidence will help show that your eviction is linked to your complaint or repair request, rather than a valid reason. Useful evidence includes:
Copies of written repair requests or complaints you sent to your landlord or letting agent (emails, letters, or texts)
Any responses from your landlord or agent
Reports or letters from your local council’s environmental health team, especially if they inspected your property or issued an improvement notice
Photographs or videos showing the disrepair
Notes on when you made complaints and what happened afterwards
Having clear, dated evidence is crucial for demonstrating a pattern of behaviour that suggests the eviction is retaliatory.
Under the Deregulation Act 2015, if you are an assured shorthold tenant in England and you made a written complaint about the condition of your home before receiving a Section 21 notice, you may be protected from eviction if:
You complained in writing to your landlord about repairs or poor conditions
Your local council then served your landlord with a notice (such as an improvement notice or emergency remedial action notice)
The landlord issued a Section 21 notice after your complaint but before the council acted
In these cases, the Section 21 notice may be invalid. Similar protections may not apply to other types of tenancy or in Wales, but you may still have rights under general housing law.
If you receive an eviction notice, don’t ignore it. Check what type of notice you’ve been given (for example, Section 21 or Section 8) and the dates involved. If you think the notice is invalid because it’s retaliatory, you can challenge it.
You can learn more about the process of Challenging an eviction, including what to expect if your case goes to court.
It’s a good idea to seek advice as soon as possible. Housing charities, local councils, and legal aid services can help you understand your rights and prepare your case. You may also want to contact your local council’s environmental health team if your landlord is ignoring serious repair issues.
For step-by-step guidance and support, see If you’re being evicted because you asked for repairs – Citizens Advice.
If your landlord continues with the eviction, you may need to defend your case in court. When you receive court papers, make sure to respond within the deadline and include all your evidence. The court will consider whether the eviction is a response to your complaint or repair request.
If the court agrees the eviction is retaliatory and the proper legal steps (such as council involvement) have been followed, the eviction notice may be thrown out.
By taking these steps, you can improve your chances of staying in your home and ensuring your landlord addresses the repairs you need. For more information on the eviction process and your rights as a tenant, explore our related guides on Challenging an eviction.
Eviction by Councils or Housing Associations After Complaints
When your landlord is a council or a housing association – sometimes called a social landlord – there are special rules and protections in place if you complain about your home or request repairs. Unlike private landlords, councils and housing associations must follow strict legal procedures before they can evict a tenant, especially if the eviction appears to be linked to your complaints or requests for repairs.
Council and housing association tenants usually have more secure tenancy types, such as secure or assured tenancies. This means you cannot be evicted simply because you have raised concerns about the condition of your home or asked for repairs. Social landlords must have a valid legal reason (known as “grounds for possession”) and must follow a set process, which typically includes:
Giving you written notice of their intention to seek possession
Stating the specific grounds for eviction, such as rent arrears or antisocial behaviour
Applying to the court for a possession order if you do not leave voluntarily
Attending a court hearing where you can present your side
If you believe you are facing eviction because you complained or requested repairs, this may be considered a retaliatory eviction. Social landlords are expected to act fairly and cannot use your complaints as a reason to end your tenancy. In fact, government guidance and the Local Government Act 1972 require councils to act lawfully and in the public interest.
You have the right to:
Complain about poor conditions or request repairs without fear of losing your home
Be treated fairly and not face eviction as a result of making a complaint
Challenge any eviction notice you believe is retaliatory or unfair
Access your landlord’s complaints procedure and, if necessary, escalate your complaint to the Housing Ombudsman
If you receive an eviction notice after making a complaint or asking for repairs, keep records of all your communications with your landlord. This evidence can help you challenge the eviction in court or through the complaints process.
For more detailed guidance on your rights and the specific steps your landlord must follow, visit our page on Being evicted by the council or housing association.
Remember, social landlords are held to higher standards and must justify any decision to evict. If you feel your eviction is unfair or linked to your complaint, seek advice as soon as possible to protect your rights.
Further Resources and Related Topics
If you want to deepen your understanding of your rights and options as a tenant, there are several related topics worth exploring. These resources can help you gain a clearer picture of the legal protections available and what steps you can take in different situations.
For a comprehensive overview, see our main guide on retaliatory eviction. This explains the legal definition, the types of complaints that are protected, and how the law – such as the Deregulation Act 2015 in England – aims to prevent landlords from evicting tenants simply for raising legitimate repair issues.
If you’re unsure how to raise concerns or need help getting your landlord to take action, our guide on how to complain or escalate repairs issues outlines the best ways to communicate, what evidence to keep, and how to involve your local council if needed.
Eviction can also happen for reasons other than complaints about repairs. If you’re worried about unpaid rent and rent arrears, it’s important to understand the process your landlord must follow and what support may be available to you.
If you believe your eviction is unfair or has not followed the correct legal process, our section on challenging an eviction explains how to defend your case in court, what evidence can help, and where to get further advice.
For those living in social housing, the rules may differ slightly. Find out more about being evicted by the council or housing association, including the specific procedures and additional rights you may have.
Finally, if you want a straightforward explanation of the concept, our page on what is retaliatory eviction? breaks down the key points and helps you recognise when this might be happening.
Exploring these resources will give you a fuller understanding of your rights and the steps you can take if you’re facing eviction after making a complaint or requesting repairs. Remember, knowing your rights is the first step to protecting your home and ensuring you are treated fairly.
