A retaliatory eviction is where a tenant is given an eviction notice after they have made an honest complaint to their landlord about the condition of their property.

This is not acceptable and no tenant should fear becoming homeless because they have asked for a needed repair. 

Rules on retaliatory evictions

The Deregulation Act 2015 has the following rules on retaliatory evictions:

  • Landlords cannot evict tenants if they have made an honest complaint (in writing if possible) about their property that their landlord has ignored.
  • This applies to all new 'assured shorthold tenancies' that started on, or after, October 1, 2015.
  • The tenant's complaint must be shown to be true by a check done by Charnwood Borough Council.
  • Charnwood Borough Council must have given either:
    • An improvement notice
    • A notice of emergency remedial action

Types of disrepair covered by the rules

Serious issues that might be of harm to the health or safety of the tenant, or a family member, are included in the rules. For example:

  • A leak in the property

  • A problem with the heating, especially in colder weather

Examples of disrepair that would not be covered:  

  • A dripping tap
  • Other less important concerns

For advice on retaliatory evictions

Last updated: Mon 30th July, 2018 @ 14:58