If you're renting in England, it's natural to worry that raising concerns—like repairs, damp, or unsafe conditions—might put your home at risk. Many tenants fear that complaining could lead to eviction. This article explains the law, your protections, and what to do if you think you're facing eviction in retaliation for speaking up.
Your Rights When Complaining to Your Landlord
As a tenant in England, the law gives you the right to request repairs and complain about housing conditions without fear of unfair eviction. Landlords must keep the property safe and in good repair, and tenants should not be penalised for exercising these rights.
Retaliatory Eviction: What Is It?
Retaliatory eviction means being evicted because you made a complaint about the condition of your property. This practice is unlawful in many situations. The Deregulation Act 2015 introduced protections specifically against this kind of eviction in England.[1]
Section 21 Notices and Complaints
A Section 21 notice is a legal eviction notice landlords use to end an assured shorthold tenancy (AST) without giving a specific reason. If you complain in writing to your landlord about repairs and your local council serves the landlord with an enforcement or improvement notice, your landlord generally cannot serve a valid Section 21 notice for six months.
- Section 21 Notice (Form 6A): Used to evict tenants on an AST without fault after the fixed term.
Official Form 6A (Section 21 Notice)
Used by landlords to formally give notice to end a tenancy. For example, if your landlord wants to regain possession, they must serve you Form 6A—unless you're protected from eviction due to a recent complaint and council action.
Learn more about Section 21 and Section 8 notices on GOV.UK.
How to Raise a Complaint Safely
If you have an issue (such as leaks, heating problems, or mould), follow these steps:
- Write to your landlord or letting agent describing the problem and requesting repairs. Keep copies of all communications.
- If the landlord does not address the issue, contact your local council’s environmental health team.
- If the council finds the home hazardous, they may serve the landlord with an improvement notice or emergency remedial action notice.
Relevant Forms for England
- Improvement Notice (Housing Act 2004): Issued by your local council when a property needs repairs or improvements for health and safety.
More on local council repairs action
If you report a serious issue and the council agrees, they’ll use this notice to require the landlord to fix the problem. Once served, the landlord cannot use Section 21 to evict you for at least six months. - Form 6A (Section 21): Used by your landlord to end an AST without cause.
Official Form 6A
What If You Receive an Eviction Notice?
If you think your eviction is linked to your complaint, get help quickly. The First-tier Tribunal (Property Chamber) handles tenancy disputes and can determine if eviction procedures were followed correctly. You can find more at First-tier Tribunal (Property Chamber).
Understanding the Law: Tenant Protection
The Deregulation Act 2015 prohibits landlords from using 'no-fault' Section 21 notices in the six months following certain types of council-enforced repair actions.[1] The main tenancy law in England is the Housing Act 1988.[2]
In summary, if you complain in writing and the council formally finds the landlord at fault, you have significant protection against revenge eviction for at least six months.
FAQ
- Can my landlord evict me just for complaining about repairs?
No. If you complain in writing and the council serves an improvement notice, your landlord cannot evict you with a Section 21 notice for six months. - What should I do before contacting the council?
Always write to your landlord first, explaining the issue clearly and keeping a copy. If there is no response, then contact your local council. - Which tribunal handles tenancy eviction disputes in England?
The First-tier Tribunal (Property Chamber) deals with these issues. Learn more about the tribunal. - Does my landlord have to use an official notice to evict me?
Yes. For most assured shorthold tenancies, official forms like Section 21 Notice (Form 6A) are required. Improper notices may be invalid. - What protection do I have under the Deregulation Act 2015?
You are protected from a 'no-fault' eviction if you complain to your landlord, have council involvement, and an improvement notice is served.
Need Help? Resources for Renters in England
- GOV.UK: Repairs in rented housing – Information on tenant and landlord responsibilities
- Shelter England – Free advice and help for renters in England
- Your local council’s housing team – For reporting unsafe conditions or unresponsive landlords
- First-tier Tribunal (Property Chamber) – For disputes about possession or tenancy
