Eviction during pregnancy: your rights as a tenant

Being pregnant does not automatically stop a landlord from seeking possession of a property, but pregnancy is an important factor in housing law, both in the eviction process and in any related homelessness application. Here is what rights you have if you are facing eviction while pregnant.

Can a landlord evict you because you are pregnant?

No. Evicting someone because they are pregnant would be direct sex discrimination under the Equality Act 2010, as well as pregnancy and maternity discrimination. If you believe your landlord is trying to evict you specifically because of your pregnancy, take advice from Citizens Advice or a housing solicitor.

In practice, most evictions arise from rent arrears or the end of a fixed-term tenancy rather than from the pregnancy itself.

Does pregnancy give you extra protection against eviction?

In terms of the eviction process itself, the law does not give pregnant tenants automatic extra time beyond what applies to all tenants. Since 1 May 2026 a landlord can no longer use a Section 21 "no-fault" notice, because the Renters' Rights Act abolished them. A Section 21 notice served before that date may still be valid, and a court can still make a possession order on a valid ground. However:

Courts have discretion, when considering how much time to give you to leave, a judge can take personal circumstances into account. Pregnancy and an approaching due date are relevant circumstances that may persuade a court to give you more time.

Homelessness priority need, if an eviction proceeds and you become homeless, pregnancy gives you automatic priority need for emergency housing. A council cannot refuse to provide accommodation if you are homeless and pregnant.

What is priority need?

Under the Housing Act 1996, certain categories of people are automatically in priority need for emergency housing if they become homeless. Pregnant women are one of those categories. This means a council has a legal duty to provide you with emergency accommodation while they assess your application.

Tell the council you are pregnant as part of your homelessness application, and bring evidence (such as a maternity letter or appointment card).

What should I do if I am pregnant and facing eviction?

1. Check whether the notice is valid, there are a number of requirements a Section 21 notice must meet. If any are not met, the notice may be invalid. Seek advice on this.

2. Contact your council's housing options team early, do not wait until you have been evicted. Councils are better able to help before you lose your home. If you are pregnant, explain this and tell them you are at risk of homelessness.

3. Attend any court hearing, if the matter goes to court, attend and explain your circumstances to the judge. Ask for more time given your pregnancy.

4. Get legal advice, a housing solicitor or law centre can advise on your specific situation, including whether there are grounds to challenge the eviction.

5. Contact the hospital or midwifery team, if the council needs evidence of your pregnancy, your midwife or the maternity unit can provide a letter.

What if I also have young children?

If you are pregnant and already have dependent children under 16 (or under 19 if in full-time education), you have priority need because of the children as well as the pregnancy. Both strengthen your position if you need to make a homelessness application.

What about rent arrears?

If the eviction is because of rent arrears, there are options that may help, including applying for a Discretionary Housing Payment from the council or applying to the DWP for a Universal Credit advance. A debt adviser may be able to help you manage arrears and negotiate with the landlord.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your rented home has serious disrepair and you are pregnant, the health risks are significant and your landlord's duty to repair is no less, potentially greater. We may be able to help.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Equality Act 2010 (legislation.gov.uk)
• Housing Act 1996 (legislation.gov.uk)
• Housing Act 1988 (legislation.gov.uk)

Related articles

• Section 21 notice, checking validity