Retaliatory Eviction - Protection for Tenants
Landlord trying to evict you after you complained? You may be protected from retaliatory eviction.
If your landlord tries to evict you because you complained about repairs or poor conditions, this may be a 'retaliatory eviction' and you may have protection.
What is Retaliatory Eviction?
Retaliatory eviction is when a landlord serves an eviction notice in response to a tenant making a legitimate complaint, particularly about repairs or the condition of the property.
When You're Protected
Under the Deregulation Act 2015, a Section 21 notice is invalid if:
- You made a written complaint to your landlord about the condition of the property
- The landlord didn't respond adequately within 14 days
- You then complained to the local council
- The council served an improvement notice or emergency remedial action notice
- The landlord then served a Section 21 within 6 months
What to Do
- Keep copies of all repair complaints you've made
- If you've involved the council, get copies of any notices they've served
- If you receive a Section 21 after complaining, get advice immediately
- Raise the retaliatory eviction defence if your landlord applies to court
This protection only applies to Section 21, not Section 8. But from May 2026 when Section 21 is abolished, different protections will apply.
Official Sources
Need more help?
Get free, confidential advice from housing experts.
Related Guides
Section 21 Notice Explained
What is a Section 21 'no-fault' eviction? How to check if it's valid. Being abolished May 2026.
12 minSection 8 Notice Explained
Section 8 eviction requires a legal ground. Understand the grounds and how to respond.
15 minThe Eviction Court Process Explained
What happens after you receive an eviction notice. Court hearings, possession orders, bailiffs.
15 min