Retaliatory eviction occurs when a landlord attempts to evict a tenant as a response to the tenant exercising their legal rights.
This could include making complaints about the condition of the property, requesting repairs, or reporting the landlord for not complying with legal standards. Essentially, the landlord is punishing the tenant for standing up for their rights.
At Lawhive, we understand the distress and uncertainty that retaliatory eviction can cause. Our team of dedicated solicitors is here to support tenants through this challenging time.
We offer:
Expert Advice: Our experienced solicitors provide clear, straightforward advice on your rights as a tenant and the steps you can take if you believe you are facing retaliatory eviction.
Representation: We can represent you in negotiations with your landlord and, if necessary, in court to ensure your rights are protected and that you receive fair treatment.
Support: Beyond legal advice and representation, we offer ongoing support to help you navigate this difficult period and ensure you have a safe and stable place to live.
If you believe you are experiencing retaliatory eviction or need advice on your rights as a tenant, contact us today. Our team is here to provide the expert legal assistance you need to stand up against unfair treatment and protect your home.
What is Retaliatory Eviction?
Retaliatory eviction happens when a landlord tries to evict a tenant in response to the tenant exercising their legal rights.
This can include:
Requesting repairs
If a tenant asks the landlord to fix issues in the property, such as broken heating, leaking roofs, or unsafe conditions, the landlord might retaliate by starting eviction proceedings.
Complaining about conditions
Tenants have the right to report poor living conditions or hazards to local authorities. Some landlords might retaliate by evicting the tenant instead of addressing the problem.
Exercising other legal rights
Any time a tenant takes action to ensure their rights are upheld, such as joining a tenants' union or legally challenging rent increases, there is a risk of retaliatory eviction if the landlord wants to avoid dealing with these issues.
Why does retaliatory eviction happen?
Retaliatory eviction can happen for a few reasons. Some landlords may not want to spend money or time fixing issues in the property. By evicting tenants who request repairs, they can avoid making these improvements.
Or, landlords might use eviction as a way to discourage other tenants from making complaints or standing up for their rights. This creates an environment where tenants feel they must accept poor conditions to avoid eviction.
Sometimes, landlords may see an opportunity to raise the rent for new tenants. By evicting current tenants who are paying lower rent, landlords can bring in new tenants at a higher rate.
And, in some cases, landlords may take eviction actions personally if they feel challenged or criticised by a tenant. This can lead to retaliatory behaviour rather than addressing the tenant's legitimate concerns.
What legal protections do tenants have against retaliatory eviction?
Legal protections are important, as they can help you feel more secure in your home and more confident in asserting your rights as a tenant.
Under UK law, these are the protections you have as a tenant.
Eviction
Tenants have certain protections to prevent landlords from evicting them unfairly. If a tenant makes a complaint about the condition of the property or exercises other legal rights, the landlord cannot simply evict them in retaliation.
Specific legislation, such as the Deregulation Act 2015, includes provisions to protect tenants from this kind of unfair treatment.
Requirements for eviction notices
Landlords must serve a valid notice, which includes specific information and meets legal requirements. If a tenant has recently made a complaint about the property, the landlord may be restricted from issuing a Section 21 notice (a notice to end an assured shorthold tenancy) for a period of six months. This means that tenants are not penalised for asserting their rights.
Health and safety complaints
If a tenant has reported health and safety issues to the local council and the council has served an improvement notice or emergency remedial action notice, the landlord cannot serve a Section 21 notice for six months. This protection is great for tenants living in substandard conditions, as it allows them to report issues without fear of immediate eviction.
Legal recourse for unfair eviction
If a landlord tries to evict a tenant in retaliation for exercising their rights, the tenant can challenge the eviction in court. The court can decide that the eviction is invalid if it finds that the landlord’s actions were retaliatory. Tenants can also seek compensation for any losses suffered due to the landlord's unlawful behaviour.
Support from local authorities
Local councils have a role in protecting tenants from retaliatory eviction. They can investigate complaints about housing conditions and take enforcement action against landlords who fail to maintain safe and habitable properties. This support helps ensure that tenants are not left to face these issues alone.