Revenge evictions can commonly occur when tenants have raised complaints about property repairs or conditions. You can use our guide to learn your rights - we'll cover revenge eviction compensation, the legal requirements and how a specialist solicitor can help.
What is revenge eviction?
A revenge eviction, sometimes called a 'retaliatory eviction', occurs when a tenant makes a genuine complaint about the condition of their property, and rather than making the repair or solving the issue, the landlord serves them with a Section 21 eviction notice. Revenge evictions are unlawful as one of a landlord’s main responsibilities is to ensure that rented property is in good condition for tenants.
Under Section 11 of The Landlord and Tenant Act 1985, landlords are responsible for:
Carrying out repairs – landlords are responsible for repairing the structure, exterior and installations including pipes, electrics and boilers.
Maintaining the property in good working order – includes making repairs to installations that never worked due to an installation or design fault.
Key signs of revenge eviction
Revenge eviction can come in many forms. Let’s explore some of the key indicators to look out for:
Unjustified rent increases: A landlord increases a tenant’s rent without clear justification. Additionally, a landlord might refuse to renew a lease without a valid reason.
Withholding services: A landlord cuts off the supply of water, gas, electricity, or broadband services as retaliation for a tenant complaining about the state of their rented property.
Harassment or threatening behaviour: A landlord attempts to create a hostile environment to force the tenant to end their tenancy after complaining. This is known as landlord harassment and can include refusing to make repairs or carry out necessary maintenance.
False accusations: A landlord may make false allegations about a tenant to force them to move out. These could include accusing a tenant of illegal activity in the property or falsely blaming a tenant for the property’s condition.
Is there legal protection against revenge eviction?
Yes, the The Deregulation Act 2015 provides revenge eviction law that protects tenants in assured shorthold tenancies (ASTs). Under this legislation, tenants shouldn’t be made to feel that they can't make a legitimate complaint to their landlord about the condition of their property because they are scared it will end with eviction.
Additionally, The Deregulation Act 2015 states that a landlord cannot serve a Section 21 notice after a complaint in the following circumstances:
Council involvement: Tenants are protected if they raise concerns with their local council, leading to an improvement notice or emergency works notice (also known as remedial action notice) being issued. The council will send you a copy of this notice when they issue it to your landlord. You can identify an improvement notice by references to Section 11 or 12 of the Housing Act 2004.
Protected time periods: Landlords can’t give a section 21 for 6 months from the date of the council improvement or emergency works notices.
What to do if you think your landlord is evicting you out of retaliation
Tenants can challenge a Section 21 eviction notice if they believe it is retaliatory. The process for making a defence in court relies on there being an issue with a Section 21 notice. That is that a landlord has issued the notice to a tenant that has complained about repairs being required when they have been issued with:
An improvement notice
An emergency works notice
To defend a claim for possession a tenant needs to file a defence form with the court within 2 weeks of receiving the Section 21 notice. If the tenant can’t file the form in time, they may be able to send it in late or make a defence at the hearing. It is up to the court to decide whether to grant a tenant more time to file a defence.
The defence can be made with either of the following forms:
Claim for possession of rented property – Form N11R
Accelerated possession procedure, assured shorthold tenancy – Form N11B
The court will decide whether it is reasonable to make a possession order. Tenants can use the defence form to explain why they don’t feel their landlord’s possession claim is reasonable.
Possible hearing outcomes
There are three possible outcomes of revenge eviction hearings:
Rule that the section 21 notice is valid and give the landlord an outright possession order which means that the property is given back to them
Rule that the section 21 notice is not valid and dismiss the case
Ask the landlord for more information
Tenants should collect evidence to support their claims for the court to consider when it decides the case. Key evidence to collect includes any written communication with a landlord, especially requests for repairs and photographs.
A tenant has the right to remain in the property while the council is investigating or when an improvement notice has been issued. If a judge finds that a Section 21 is invalid, a tenant may be able to claim compensation for harassment or unlawful eviction.