Retaliatory eviction is when a landlord asks you to leave after you’ve complained about the condition of your home.
Protection from retaliatory eviction
The law provides protections in some cases, but only under specific conditions.
Your landlord must follow the legal process
Your landlord cannot evict you without going through the proper legal steps:
- issuing a valid notice
- applying for a Possession Order through the court
They cannot legally:
- change the locks without a court order
- harass you into leaving
The most common method landlords use to evict tenants is by serving a Section 21 notice.
When you are protected from a Section 21 notice
You may be protected from eviction if:
- you complain to the Council about the condition of your home
- the Council serves your landlord with a 'relevant notice' due to serious issues in the property
Once a relevant notice is issued:
- your landlord cannot serve a Section 21 notice for 6 months
- any Section 21 notice already served after your written complaint will usually be invalid
A relevant notice
A relevant notice is one of the following issued by the Council:
- an Improvement Notice (for serious hazards that need to be fixed)
- an Emergency Remedial Action Notice (for urgent risks to health and safety)
These are only issued if the landlord hasn’t fixed the issue after being given a reasonable opportunity to do so.
If the landlord fixes the problem first
If your landlord completes the necessary repairs before a relevant notice is issued:
- no notice will be served, and
- you will not have protection against a Section 21 notice
You must complain in writing
To trigger your protection rights, you must:
- complain in writing to your landlord (letter or email)
- this must happen before the Section 21 notice is given
Text messages may not count as a formal written complaint under current law. Always use a letter or email (using an address your landlord has provided).
Timing is critical
If you complain in writing and your landlord issues a Section 21 notice afterwards, that notice will usually become invalid once the Council issues a relevant notice.
If you did not complain in writing before receiving a Section 21 notice, you are not protected, unless you didn’t know your landlord’s contact details.
If you don’t know your landlord’s address
If you’re unable to complain in writing because you do not know your landlord’s postal or email address, you will still be protected from a Section 21 notice after the Council serves a relevant notice
Limitations to protection
Your protection from eviction does not apply if:
- the relevant notice is cancelled or reversed
- the landlord successfully appeals the notice (if the appeal is lost, the 6-month protection begins from the appeal decision date)
You are also not protected if:
- your landlord issues a Section 8 notice (usually for rent arrears, property damage, or antisocial behaviour)
- your complaint is about something not related to the condition of the property (such as rent levels, harassment or discrimination)
Harassment and illegal eviction
It is illegal for your landlord to:
- change the locks without a court order
- make threats
- try to force you out by making you feel uncomfortable
These actions count as harassment or illegal eviction, which is a criminal offence.
If you experience this, contact us or seek legal advice immediately. We will investigate and may prosecute the landlord.