Some private landlords evict renters who ask for repairs or complain about poor conditions. Find out when you're protected from a revenge eviction.
What is a revenge eviction?
A revenge or retaliatory eviction is when a landlord tries to evict a tenant because they ask for repairs or complain about poor conditions.
You're at risk if you are an assured shorthold tenant.
This is because your landlord can use the section 21 eviction procedure and won't usually need to give the court a reason for the eviction.
Lodgers have no protection from eviction. If you live with your landlord, they can usually give you notice to leave for any reason.
Regulated (protected) tenants or assured tenants are at low risk of a revenge eviction. If you have these types of tenancy, your landlord must prove to the court that there's a legal reason to evict you.
A section 21 notice may be invalid if your landlord didn't protect your deposit or give you a gas safety certificate
Protection from a revenge section 21 eviction
You can ask the council's environmental health department to inspect your home if it's unsafe or in poor condition.
The council can:
- assess your home under the Housing Health and Safety Rating System (HHSRS)
- order your landlord to carry out repairs or improve conditions
You may be protected from revenge eviction depending what action the council take.
When and how long you're protected for
Your landlord can't usually give you a valid section 21 notice for the next 6 months if the council serves your landlord with either of the following:
- improvement notice
- emergency remedial action notice
But if the council take no action, or only serve a hazard awareness notice, your landlord can still give you a section 21 notice.
If you've already had a section 21 notice
Your section 21 notice usually becomes invalid if you got it after you wrote to your landlord about repairs or conditions and all of the following apply:
- Your landlord failed to respond adequately to your complaint within 14 days.
- You then complained to environmental health about the problem.
- The council served an improvement notice or emergency remedial action notice on your landlord.
When you're still at risk of section 21 eviction
In the following situations, your landlord can still use the section 21 eviction process even if the council has served an improvement notice or emergency remedial action notice.
Council suspend the improvement notice
Sometimes the council give the landlord extra time to start work on the property.
For example, they might delay works in a student house if there is no immediate risk and the works can safely be done over the summer when the tenancy has ended.
If the council suspends enforcement of an improvement notice, your landlord can still give you a valid section 21 notice and take steps to evict you.
Landlord wants to sell the property
The landlord would need to show the court that the property is genuinely for sale on the open market. Sales to family members or a business partner don't count.
Landlord hasn't paid the mortgage
The mortgage lender might appoint a receiver or take steps to repossess the property from the landlord.
If you have to pay rent to a lender or receiver, they may be able to use the section 21 process so they can sell the property once it's empty.
If your landlord starts eviction procedures
There are 2 different eviction procedures that can be used to evict assured shorthold tenants through the courts:
- section 21 eviction
- section 8 eviction
Section 21 eviction
You must tell the court if you think you have a defence to a section 21 eviction.
Don't rely on the court to spot that you're protected from a revenge eviction.
There are also other reasons a section 21 notice can be invalid even if you're not protected from revenge eviction.
Section 8 eviction
This procedure is not usually described as a revenge eviction.
Your landlord usually needs to prove you've done something wrong to get a possession order. For example, you have rent arrears.
You may still be able to challenge a section 8 eviction for other reasons.
Last updated 25 March 2019 | © Shelter
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