This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn about legal protections against retaliatory eviction in England and Wales, including how the Deregulation Act 2015 protects tenants from eviction after making complaint or requesting repairs, what steps to take, how to challenge unlawful notices, and upcoming reforms under the Renters' Rights Act. Clear, practical guidance for tenants and solicitors.
Landlords in England and Wales must follow legal procedures when seeking to evict a tenant. A retaliatory eviction occurs when a landlord attempts to end a tenancy in response to a tenant exercising a legal right, such as complaining about the condition of their home or requesting repairs. The law offers specific protections to prevent landlords from using eviction as punishment for such complaints, although these protections are nuanced and subject to conditions. This article explains what retaliatory eviction is, the statutory safeguards in place, how tenants can assert their rights, and what practical steps to take if a retaliatory eviction is suspected.
1. What Is Retaliatory Eviction?
Retaliatory eviction refers to a situation where a landlord serves an eviction notice or begins eviction proceedings in response to a tenant complaining about housing conditions, requesting repairs, or otherwise asserting a right under the tenancy. In practice, this most commonly involves serving a section 21 notice - a “no‑fault” notice used to seek possession of an assured shorthold tenancy (AST) without giving a reason. Critics describe this as a “revenge eviction”.
Before recent reforms, landlords could serve a section 21 notice with minimal justification. This left some tenants vulnerable to eviction simply for reporting problems or involving a local authority in property inspections.
2. Statutory Protections Under the Deregulation Act 2015
In England, the Deregulation Act 2015 introduced measures to protect tenants from retaliatory eviction where the following conditions are met:
- The tenancy is an AST that started on or after 1 October 2015.
- The tenant made a written complaint to the landlord or agent about the condition of the property, repairs, or health and safety issues.
- A local housing authority (usually the council) inspected the property and served the landlord with an improvement notice or emergency remedial action notice under housing and safety legislation.
If these conditions apply, the landlord cannot serve a valid section 21 notice for six months following the improvement or emergency remedial action notice. This aims to prevent landlords from evicting tenants simply because they have asked for necessary repairs or reported serious defects.
Key Elements of the Protection
- Written Complaint: A tenancy complaint must be in writing (letter, email or other durable form).
- Council Action: The local authority must verify the complaint and serve a relevant enforcement notice confirming serious issues.
- Six‑Month Protection: Once a relevant notice has been served, a section 21 notice cannot be used as the basis for eviction for at least six months.
If a landlord unlawfully serves a section 21 notice in breach of these protections, the notice may be treated as invalid, and any subsequent possession claim may be defeated or dismissed. Courts can refuse possession orders if an eviction is found to be retaliatory under these statutory provisions.
3. Types of Complaints That Can Trigger Protection
The protections apply where a tenant genuinely complains about issues that may affect health, safety or habitability - for example:
- Damp, mould, heating failures or serious leaks.
- Structural defects presenting risks to tenants.
- Significant hazards identified under the Housing Health and Safety Rating System (HHSRS).
These issues must be reported to the landlord first. If the landlord fails to act and the local authority subsequently takes enforcement action, the protection against retaliatory eviction can apply. Minor maintenance concerns, such as dripping taps, generally do not qualify unless they form part of broader significant hazards.
4. Legal Remedies and How to Challenge a Retaliatory Eviction
Challenging an Invalid Section 21 Notice
If a landlord serves a section 21 notice shortly after a tenant's written complaint and subsequent local authority enforcement, the tenant can raise the statutory protections in the possession proceedings. A court may:
- Invalidate the section 21 notice if it breaches the retaliation protections.
- Dismiss the landlord's possession claim on the basis that the eviction is retaliatory.
It is important for tenants to compile clear evidence of their complaint, the timeline of events, and any council notices when raising this issue in court.
Compensation and Additional Remedies
Tenants in some cases may pursue compensation or other remedies if they suffer losses due to an unlawful eviction or harassment. For example:
- Unlawful eviction is a crime under the Protection from Eviction Act 1977, which also provides a civil right to damages for loss of occupancy or distress caused by illegal eviction or harassment.
- Local authorities may be able to take enforcement action against landlords who harass tenants or evict without proper procedure.
Tenants can also seek advice or representation from free services such as Citizens Advice, Shelter England, or a specialist solicitor to frame arguments and evidence effectively.
5. Protections in Wales
Under the Renting Homes (Wales) Act 2016, similar protections apply to contract‑holders (tenants under occupation contracts). Landlords cannot evict tenants in retaliation for asking for repairs or complaining about property conditions, and courts may refuse to make possession orders in such circumstances. This extends protections beyond the specific AST framework familiar in England, aligning Welsh law with broader tenant rights against retaliatory eviction.
6. Upcoming Changes in Eviction Law
The Renters' Rights Act 2025, a major reform of residential tenancy law, is set to come into force from 1 May 2026. Among other measures, this Act abolishes section 21 “no‑fault” evictions altogether, meaning private landlords will generally need valid grounds under section 8 or equivalent statutory provisions to seek possession. When implemented, this reform will significantly reduce the scope for retaliatory eviction by removing the ‘no‑fault' eviction mechanism entirely, replacing it with a system requiring landlords to cite specific reasons for seeking possession.
7. Practical Steps for Tenants Facing Retaliatory Eviction
1. Document Communications
Always send written complaints to the landlord and keep copies. Clear documentation of issues and dates strengthens any subsequent claim.
2. Involve the Local Authority
If the landlord fails to respond satisfactorily within 14 days, contact the local housing authority for inspection and enforcement action. An improvement notice or emergency remedial order can trigger statutory protections.
3. Seek Legal or Advisory Support
Organisations like Shelter, Citizens Advice and housing law solicitors can assist in preparing evidence and advising on court procedures or defences.
4. Challenge Notices Promptly
If served with a section 21 notice after a complaint and council involvement, raise the retaliatory eviction protections in any possession proceedings and provide supporting evidence to the court.
8. Common Questions on Retaliatory Eviction
Can all tenants benefit from these protections?
Protections mainly apply to assured shorthold tenancies in England that began after 1 October 2015, and contract‑holders in Wales under the Renting Homes (Wales) Act. Tenancies before that date may not qualify unless a new tenancy agreement was signed.
What if the council does not issue a notice?
Without local authority action, the statutory protection against section 21 eviction may not apply. However, landlords still cannot evict without proper legal process and courts can consider other defences related to harassment or illegal eviction.
Does the landlord have to fix all issues to avoid retaliation claims?
Legitimate complaints must relate to serious defects affecting health or safety. Minor maintenance issues may not trigger statutory protections unless they contribute to significant hazards.
9. Summary and Practical Guidance
Retaliatory eviction protections in England and Wales are designed to stop landlords using eviction as a response to tenants asserting rights, such as requesting repairs or involving the local authority. Under the Deregulation Act 2015, landlords are prevented from serving valid section 21 notices for six months after a local authority issues an improvement or emergency remedial notice following a tenant complaint. Welsh law provides similar protections. Courts can refuse possession orders and invalidate eviction notices where retaliation is proven, and tenants may also pursue remedies for harassment or unlawful eviction. Looking ahead, the Renters' Rights Act 2025 will further strengthen tenant safeguards by ending no‑fault evictions entirely. Tenants should document complaints, involve local authorities, and seek advisory support to protect their rights effectively.
