Eviction and Repairs: Your Rights as a Renter in England

If you rent a home in England and have concerns about needed repairs, you may wonder if requesting them puts your tenancy at risk. Many renters fear "retaliatory eviction"—being evicted because they complained about property conditions. Understanding your rights and the law can help you navigate this situation confidently.

Understanding Your Right to Request Repairs

As a tenant, you have the legal right to live in a home that meets basic standards of health and safety. Under the Landlord and Tenant Act 1985, your landlord is responsible for major repairs, including:

• Structural issues (walls, roof, windows)
• Plumbing, heating and water systems
• Electrical wiring and fixed appliances
• Sanitary fittings (toilets, basins, baths)

You should report any necessary repairs to your landlord in writing. Keeping a record helps protect your rights should problems arise later.

Can a Landlord Evict You for Requesting Repairs?

In England, it is usually illegal for a landlord to evict you solely because you requested repairs. This is known as retaliatory eviction and is specifically addressed by the Deregulation Act 2015, Section 33.

• If you report a repair issue in writing, and your local council serves the landlord with an improvement notice or emergency remedial action notice, your landlord cannot legally evict you using a Section 21 notice for six months from the date of that notice.
• Landlords must use an official notice (usually a Section 21 or Section 8 notice) to evict tenants; each has its own rules and requirements.

However, there are some circumstances in which eviction may proceed, even after repair complaints. For example, if you have serious rent arrears or have broken other tenancy conditions, your landlord may still be able to pursue eviction through the courts.

What Is a Retaliatory (Revenge) Eviction?

Retaliatory eviction means a landlord tries to remove a renter because they complained or took legal action about the property conditions. The Deregulation Act 2015 provides direct protection against this for tenants with assured shorthold tenancies.

Official Forms and Practical Steps

If you face issues with repairs and worry about possible eviction, here are key forms and examples:

• Section 21 Notice (Form 6A):
  Used by landlords to begin "no fault" eviction. If you receive this after reporting repairs, check if your council has served an improvement notice—if so, the Section 21 may be invalid.
  Find the official form and guidance here: Form 6A Assured Shorthold Tenancy Notice
• Housing Health and Safety Rating System (HHSRS) Assessment:
  If your landlord does not carry out repairs, contact your local council, who can inspect under the HHSRS and issue official notices if hazards are found.
  More on HHSRS: Government repairs guidance
• Improvement Notice or Emergency Remedial Action Notice:
  Issued by councils to require landlords to make necessary repairs. Receiving one gives you legal protection against Section 21 eviction for 6 months.
  Read about enforcement notices (gov.uk)

Action Steps If You Are Threatened with Eviction After Requesting Repairs

• Keep a detailed record of all repair requests and responses.
• If repairs are not addressed, report the problem to your local council's housing team.
• If you receive an eviction notice, check if it follows all legal requirements—including your recent repair complaints.
• If you think the eviction is retaliatory, seek help from the First-tier Tribunal (Property Chamber).
• Consider seeking legal or advocacy support (see below).

By staying informed and taking timely action, you can protect your tenancy rights and ensure your home is safe and well maintained.

FAQ: Eviction, Repairs, and Tenant Protection

1. Can my landlord serve a Section 21 notice after I report repairs?
   In most cases, if your local council serves your landlord with an improvement or emergency remedial notice after you complained, a Section 21 notice cannot legally be used to evict you for six months.
2. What evidence should I collect if I suspect retaliatory eviction?
   Save all written communication (emails, texts, letters), photographs of repairs needed, and any council correspondence. This documentation will help support your case if you need to challenge the eviction.
3. Who can help me if my landlord threatens eviction after a repair complaint?
   You can contact your local council’s housing department or the First-tier Tribunal (Property Chamber) for support. Organisations like Shelter or Citizens Advice can also guide you.
4. Does the protection against retaliatory eviction apply to all renters?
   These protections mainly cover assured shorthold tenants, which is the most common private renting arrangement in England. Certain exceptions apply (for example, lodgers living with their landlord).
5. What if my landlord tries to evict me for rent arrears after I requested repairs?
   While repair requests cannot be used as a sole reason for eviction, significant rent arrears can still be a valid ground for ending a tenancy. Seek independent advice if you face both issues.

Conclusion: Key Takeaways for Renters

• It's illegal for your landlord to evict you just for asking for repairs if proper steps are followed.
• Report repairs in writing, and involve your council if needed for extra protection.
• Keep records and seek help quickly if you receive an eviction notice after reporting repairs.

Knowing your rights gives you confidence when asking for essential repairs and makes your tenancy more secure.

Need Help? Resources for Renters

• Repairs in rented housing (gov.uk) — official overview of tenant and landlord obligations
• Find your local council — for reporting repairs and getting environmental health support
• First-tier Tribunal (Property Chamber) — handles housing disputes including eviction claims
• Landlord and Tenant Act 1985 — your basic housing rights under the law
• Deregulation Act 2015, Section 33 — legal framework on retaliatory eviction
• How landlords can end a tenancy in England (gov.uk)

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1. Landlord and Tenant Act 1985
2. Deregulation Act 2015, Section 33
3. First-tier Tribunal (Property Chamber)
4. Form 6A: Section 21 notice for ending an assured shorthold tenancy
5. Private renting: Repairs and maintenance

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