Many tenants live in poor housing conditions—mould, leaks, damp, broken heating—but stay silent out of fear of eviction.
This fear is common, but the law is clear: you are legally protected from retaliatory eviction.
If you’ve complained to your landlord or taken steps to make a housing disrepair claim, UK law offers strong safeguards to stop your landlord from evicting you as punishment.
In this blog, we’ll break down your rights, what retaliatory eviction is, and what actions you should take if you’re being threatened with eviction.
1. What Is Retaliatory Eviction?
Retaliatory eviction is when a landlord serves an eviction notice or tries to remove a tenant because they reported a housing issue or exercised their legal rights.
For example:
You ask for mould to be removed
You report a dangerous electrical fault
You begin a legal disrepair claim
Then suddenly, you receive a Section 21 eviction notice
This type of behaviour is not only unethical, but it can also be illegal under UK law.
2. Is Retaliatory Eviction Legal in the UK?
No. It is not legal.
Thanks to the Deregulation Act 2015, landlords cannot legally evict you in response to:
Reporting disrepair
Complaining to the council
Taking legal action
Requesting your home be made fit for human habitation
If you report a repair issue to the council and they serve the landlord with an Improvement Notice or Emergency Remedial Action Notice, any Section 21 notice served after that becomes invalid for six months.
3. What If I’m on a Rolling or Assured Shorthold Tenancy?
Many tenants worry that if they’re on a periodic (rolling) tenancy or Assured Shorthold Tenancy (AST), their landlord can still serve a Section 21 “no fault” eviction notice.
However, courts can refuse an eviction if it’s clearly in retaliation for:
Complaining about disrepair
Starting legal action
Reporting to the local authority
Key Legal Points:
A landlord must follow strict legal procedures to evict.
If the eviction notice came shortly after a disrepair complaint, the court may deem it retaliatory.
If your council has issued a repair notice to your landlord, Section 21 is automatically invalid for six months.
4. What Should You Do If You’re Threatened with Eviction?
✅ Keep Everything in Writing
Always report disrepair via email or letter, not just phone or text. It creates a paper trail of your complaint.
✅ Log the Timeline
Note the dates of your complaint, when the landlord responded, and when any eviction notice was served.
✅ Don’t Sign Anything Under Pressure
Some landlords pressure tenants to sign a surrender of tenancy—don’t sign unless you’ve spoken to a legal advisor.
✅ Get Legal Help Immediately
If you receive any eviction notice after reporting disrepair, contact a housing solicitor or legal support service. Many offer free advice or work on a no win, no fee basis.
5. Your Rights as a Tenant: A Quick Recap
You have the right to live in a safe, habitable home
You can make a legal disrepair claim without fear of being evicted
Section 21 notices may be invalid if issued after a repair complaint
Landlords can’t punish you for exercising your legal rights
✅ Frequently Asked Questions (FAQs)
Can my landlord kick me out if I make a complaint?
No. If you’re making a genuine complaint about disrepair, your landlord cannot legally evict you as retaliation.
What is a Section 21 notice?
It’s a “no fault” eviction notice used to end an AST without giving a reason. However, it may be invalid if it’s used after you’ve made a disrepair complaint.
What if I already received a Section 21 notice?
If the timing suggests retaliation and you’ve complained about repairs or contacted the council, it may be invalid. Seek legal advice straight away.
Does this apply to housing associations?
Yes. Whether private or housing association, all landlords must follow the law. You have the same legal protections.
Do I need to go to court to stop the eviction?
Sometimes. But many cases are resolved with legal letters or solicitor involvement without needing a court hearing.
Can I still claim compensation if I get evicted?
Yes. If your landlord evicts you after disrepair and refuses to fix the issues, you may still be entitled to financial compensation.
Will reporting to the council protect me?
Yes. If the council issues a notice to your landlord, they cannot evict you for six months via Section 21.
What should I do if I feel unsafe or harassed by my landlord?
Keep a record of all interactions and contact a legal aid service, Shelter UK, or Citizens Advice. Harassment is a criminal offence.
Can a landlord refuse to renew my tenancy after a claim?
They can choose not to renew, but they must follow legal procedures. If the refusal seems retaliatory, seek legal help.
Conclusion
Don’t let fear of eviction stop you from standing up for your rights.
If your home is suffering from mould, leaks, or other serious issues, you are fully entitled to report it and make a claim—and your landlord cannot punish you for doing so.
The law is on your side, and we’re here to help ensure you’re protected every step of the way.
👉 Speak to a legal expert now