Revenge eviction if you ask for repairs

Video: Will my landlord evict me if I complain?

Which tenants are at risk of revenge eviction?

You are at risk of revenge eviction if you have an assured shorthold tenancy (AST).

This is because your landlord does not need a reason to evict you with a section 21 notice.

But you could have a defence in some situations.

Renters' Rights Act changes

The Renters' Rights Act should end revenge evictions and other 'no fault' evictions.

Changes are not expected to happen until 2026. For now, your rights are the same.

See Renters' Rights Bill: changes for private tenants.

Could you be protected from revenge eviction?

You cannot be evicted with a section 21 notice if it is not valid.

The notice is not valid if you complain to the council about repairs needed, and they give your landlord an:

• improvement notice

• emergency works notice

This applies to any section 21 notice given after you first complain to your landlord until 6 months after the council's notice.

The council send you a copy of an improvement notice or emergency works notice.

Sometimes the council take no action or less formal action against your landlord. In this situation, your landlord might still use the section 21 to evict you.

A section 21 might not be valid for other reasons.

Even if the notice is valid, eviction takes a few months.

Stop a revenge eviction

If your section 21 notice is not valid, you can:

1. write to your landlord

2. ask your council for help

3. tell the court if the notice is not valid

1. Write to your landlord

Copy our letter template into an email to your landlord:

You can also send the letter as an email attachment or by post:

• Word template: Revenge eviction section 21 not valid (docx 23kb)

• OpenDocument template: Revenge eviction section 21 not valid (odt 9kb)

2. Ask your council for help

The private rented housing team can speak to your landlord for you.

You can also speak to your council's homeless team. They should:

• check if your section 21 notice is valid

• speak to your landlord and the private rented housing team

• help with advice and a personal housing plan if your notice is valid

3. Tell the court if the notice is not valid

Your landlord needs to apply to court if they want to evict you.

You can tell the court if:

• you are protected from revenge eviction

• the notice is not valid for another reason

Return your defence form. Send a copy of the council's notice back to the court with your defence form.

Ask for a hearing if your landlord uses the accelerated procedure.

You could be evicted with a different notice

You are only protected from revenge eviction if the landlord uses a section 21.

Assured shorthold tenants can also be evicted with a section 8 notice.

Your landlord needs a reason to use a section 8, like rent arrears.

You can often challenge a section 8 notice in court.