Find a Solicitor to help with Revenge Eviction

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.

How landlords can avoid revenge eviction claims

Avoiding revenge eviction claims means a landlord can take possession of their property faster and save time in court hearings. Some top tips from our legal experts to avoid claims include:

Addressing complaints promptly

Addressing tenant complaints swiftly is key to avoiding legal disputes. Landlords can follow this process when handling repair requests:

• Follow their repairs policy 
• Follow the Housing Ombudsman’s Complaint Handling Code
• Respond to complaints in writing within five working days
• Investigate the issues or ask for more information
• Complete any necessary repairs including temporary repairs and state when permanent repairs will be carried out
• Be transparent in communication, giving notice of the repair schedule

Using the correct eviction process

As a landlord, by using the correct eviction process you minimise the risk of a revenge eviction claim. Circumstances under which landlords can issue a Section 21 notice when tenants have complained about repairs without risking a revenge eviction claim include:

• The council issued a notice because of damage done by the tenant.
• The council suspended or withdrew their notice, or only issued a hazard awareness notice.
• Six months have passed since an improvement notice or emergency works notice was issued by the council.

Documenting property condition

Landlords should keep detailed records of property condition, any repairs carried out, and tenant communications to avoid disputes. This includes inspecting properties regularly, following the procedures laid out in the tenant agreement, and typically providing the tenant with 24 hours notice before entering the property.

Costs and fees involved

Both tenants and landlords can face costs in revenge eviction claims. For tenants, potential costs include seeking legal advice or representation to challenge a revenge eviction. Landlords will have costs when defending against a revenge eviction claim. These include solicitor fees to represent them in court and potential compensation payouts if the court finds against them.

Why choose Lawhive for revenge eviction cases?

We partner with some of the best solicitors in the UK who have ample tenant and landlord experience. Here are just three reasons to choose a Lawhive solicitor to fight your corner:

• Extensive experience in housing law: Our solicitors have a strong track record in successfully representing tenants and landlords in housing disputes, particularly in cases of revenge eviction.
• Quick, efficient legal support: Our use of technology ensures tenants receive timely advice and representation, reducing stress during eviction disputes.
• Client-focused services: Our experienced and empathetic solicitors are committed to understanding the circumstances of your specific case and providing tailored legal solutions.

Legal services for revenge eviction

Tenants and landlords facing potential revenge eviction section 21 issues can seek legal advice from Lawhive to protect their interests and ensure compliance with UK law. Contact our landlord-tenant solicitors today to get legal help today.

References

• Reregulation Act 2015
• Landlord and Tenant Act 1985
• Housing Act 2004

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