Retaliatory eviction: what it is and how to protect yourself

Retaliatory eviction (also called revenge eviction) is when a landlord tries to evict you because you have complained about the condition of your home. It is a real and recognised problem, tenants who raise repair issues have historically faced eviction as a punishment for complaining. Since 2015, there has been limited legal protection against it in England, and the Renters Rights Act (expected to come fully into force in 2026) will strengthen these protections by abolishing Section 21 no-fault evictions.

What counts as retaliatory eviction?

Retaliatory eviction typically involves a landlord:

• Serving a Section 21 notice shortly after the tenant reports a repair problem
• Refusing to renew a tenancy after the tenant has made a formal complaint about conditions
• Threatening to evict or making it clear that the complaint is the reason for the eviction

The timing of the notice relative to the complaint is usually the key evidence. A Section 21 notice served within days or weeks of a complaint is suspicious. The landlord's own correspondence may reveal the connection.

The current legal protection in England

Since October 2015, a Section 21 notice is invalid if:

• The tenant has complained in writing to the landlord about the property's condition
• The landlord failed to respond within 14 days, or responded inadequately
• The council has then issued an improvement notice or emergency remedial action notice under the Housing Act 2004
• The Section 21 notice was served after the complaint or after the council's notice

This protection is set out in sections 33 to 40 of the Deregulation Act 2015.

Important limitations: The protection only applies where the council has actually issued a formal notice. If you have complained to your landlord but the council has not yet inspected or issued a notice, the protection may not yet be in place. This means the timing of involving the council is significant.

What the Renters Rights Act changes

When the Renters Rights Act comes fully into force, Section 21 (no-fault eviction) will be abolished for new and existing tenancies. This removes the main tool used for retaliatory eviction. Landlords will only be able to evict on specified grounds (such as Ground 1, wanting the property back for themselves, or rent arrears), making it much harder to punish a tenant for complaining.

Until abolition comes into effect, the current protections remain in place.

See our guide: /help-centre/section-21-abolition-what-it-means.

What to do if you suspect retaliatory eviction

1. Document the timeline: When did you complain? When did you receive the Section 21 notice? Keep copies of all correspondence.

2. Report to the council's environmental health team: If you have not already done so, report the disrepair to environmental health. If they inspect and issue a notice, the Section 21 may become invalid. Do this quickly, the protection requires a council notice, not just your complaint.

3. Check the notice for other invalidity: A Section 21 notice may be invalid for other reasons unconnected to retaliation, deposit not protected, prescribed documents not provided, served in the first four months of the tenancy, or served while you are a fixed-term tenant before the term expires.

4. Attend the possession hearing and raise the defence: If the landlord issues proceedings based on the Section 21, attend the hearing and raise the retaliatory eviction defence. Bring your evidence of the complaint and the timeline.

5. Get legal advice as soon as possible: The retaliatory eviction defence has specific technical requirements. A housing law solicitor or adviser can assess your evidence.

If you were evicted because you complained

If you were evicted in circumstances that look like retaliation and you believe the eviction was unlawful, get legal advice. You may also have grounds for a disrepair claim for the period during which you lived in the defective property before eviction.

When should I contact Support for Tenants?

If you have complained about disrepair and your landlord is now trying to evict you, call us on 0800 030 4669. We can advise on the disrepair claim and help coordinate with housing law advisers on the eviction.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Deregulation Act 2015, sections 33 to 40 (legislation.gov.uk)
• Section 21, Housing Act 1988 (legislation.gov.uk)
• Renters' Rights Act 2025 (legislation.gov.uk)

Related articles

• Can I be evicted for complaining?
• What is a Section 21 notice?
• Section 21 abolition, what it means
• How to request an HHSRS inspection