Retaliatory eviction

A landlord trying to remove a tenant because they complained, rather than for a genuine reason — something the law has specifically tried to prevent.

Is retaliatory eviction illegal now that section 21 is abolished?

There is no longer a section 21 notice to serve without a reason, which removes the easiest way to carry out a retaliatory eviction. A landlord relying on a genuine-sounding ground as a pretext for retaliation can still, in principle, be challenged, particularly where the timing and circumstances point to a connection with a complaint.

What counts as a complaint for these purposes?

Historically, the Deregulation Act 2015 protection focused on written complaints about disrepair, particularly where the council had also taken enforcement action. Any clear, dated communication to the landlord about a problem with the property strengthens a tenant's position if a notice follows shortly after.

Does this protection cover all types of tenancy?

The historical section 33 protection applied specifically to assured shorthold tenancies. The wider reforms under the Renters' Rights Act 2025 apply to the tenancies now governed by the amended Housing Act 1988 — check the current gov.uk guidance for how your specific tenancy type is treated.

What should I do if I think I'm being evicted because I complained?

Gather your written complaints, any council correspondence or inspection reports, and the possession notice itself, and get advice as soon as possible — ideally before responding to the notice or attending any hearing.

Can a council's own enforcement action help my case?

Yes. An improvement notice or emergency remedial action notice from the local authority is independent evidence that a genuine problem existed, which can support an argument that a subsequent possession notice was retaliatory.

Retaliatory eviction

Renters' Rights · Glossary

Retaliatory eviction

A landlord trying to remove a tenant because they complained, rather than for a genuine reason — something the law has specifically tried to prevent.

Last reviewed: August 2026

Renters' Rights track

Retaliatory eviction

describes a landlord seeking to evict a tenant, or refusing to renew a tenancy, because the tenant has complained about the condition of the property or asserted their legal rights, rather than for a genuine, unrelated reason.

Where this comes from

Deregulation Act 2015, section 33

— the original protection restricting a landlord's ability to serve a section 21 notice shortly after a tenant's complaint about disrepair.

Renters' Rights Act 2025

— abolished section 21 “no-fault” evictions from 1 May 2026, requiring landlords to rely on specific grounds for possession under an amended Housing Act 1988.

Guide to the Renters' Rights Act

— gov.uk's overview of the reformed tenancy and possession regime.

How the protection used to work

Before section 21 was abolished, retaliatory eviction was a well-known problem: a tenant reported disrepair, and shortly afterwards received a section 21 notice giving no reason at all. Because section 21 did not require a landlord to state any grounds, it was difficult for a tenant to prove the notice was served because of their complaint rather than for an unconnected reason.

The Deregulation Act 2015 addressed this directly for assured shorthold tenancies in England, by preventing a landlord from serving a valid section 21 notice for a set period after a tenant made a written complaint about disrepair, where the local authority had also served an improvement notice or an emergency remedial action notice in response.

How the position has changed since section 21 was abolished

The Renters' Rights Act 2025, which took effect on 1 May 2026, removed section 21 entirely. Landlords can no longer evict a tenant without giving a reason — they must rely on one of the specific grounds for possession set out in an amended Housing Act 1988, such as selling the property, moving in themselves, or rent arrears.

This changes the shape of the retaliatory eviction problem rather than eliminating it outright. Because every notice must now state a ground, it is harder to disguise a retaliatory motive behind an unexplained notice — but a landlord could, in principle, still try to use a genuine-sounding ground, such as an intention to sell, as a pretext shortly after a tenant complains. Tenants who suspect this is happening should keep a clear record of when they complained, what they complained about, and when any notice followed, since timing and context remain central to challenging a possession claim as retaliatory.

What a tenant can do if they suspect retaliation

• Put complaints about disrepair in writing, and keep copies of everything sent to the landlord or letting agent, along with photos and dates.
• Report serious hazards to the council.
• Local authorities can inspect under the Housing Health and Safety Rating System and, where warranted, serve their own improvement or emergency remedial action notices — which strengthens the tenant's position if a possession notice follows.
• Check the ground relied on.
• If a possession notice arrives soon after a complaint, look closely at which ground it relies on and whether the stated reason genuinely fits the landlord's circumstances.
• Challenge the claim if it reaches a possession hearing.
• A tenant can raise the timing and context of the notice as part of their case, and the court or tribunal considers the surrounding circumstances, not just the ground stated on paper.
• Complaining only verbally.
• Without a written record and dates, it becomes much harder to show that a possession notice followed a complaint rather than coinciding with it by chance.
• Assuming any notice after a complaint is automatically unlawful.
• The timing is evidence of a possible connection, not proof on its own — a landlord can still have a genuine, unrelated reason for seeking possession.
• Not reporting hazards to the council.
• Independent evidence from a local authority inspection carries significant weight and is harder for a landlord to dismiss than a tenant's own complaint alone.
• Leaving it too late to raise concerns.
• Retaliation is easier to demonstrate, and easier to prevent, when concerns are raised as soon as a possession notice is received rather than after a hearing date has already passed.

How councils assess and act on serious hazards in a rented property.

Frequently asked questions

Sources & further reading

• Deregulation Act 2015, section 33
• (legislation.gov.uk)
• Guide to the Renters' Rights Act
• Repairs in privately rented properties

Complained about your home and now facing eviction?

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Last reviewed: August 2026.

References checked against the sources above as in force on 10 August 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.