Eviction Risks After Reporting Safety Issues: Your Rights in England

If you are renting in England and have spotted a safety hazard—such as damp, electrical faults, or a fire risk—you might worry that complaining could lead to eviction. Understanding your rights is essential. This guide explains legal protections against unfair eviction for reporting safety issues, which forms part of your rights under English housing law.

Can Landlords Evict You for Reporting Safety Issues?

Under English law, it is illegal for landlords to evict renters simply because they reported a health, safety, or fire hazard. The aim is to encourage tenants to raise concerns without fear of losing their home. This protection is called ‘retaliatory eviction’ prevention and is included in national housing legislation.

• The law covers safety problems such as faulty wiring, broken appliances, fire hazards, mould and damp, or structural damage.
• Tenants should report concerns to their landlord in writing. If the landlord fails to act, you can escalate the issue to your local council’s Environmental Health team.

The Protection from Eviction Act 1977 and sections 33–34 of the Deregulation Act 2015 set out these safeguards¹.
If your council issues an improvement notice or emergency works notice for safety reasons, your landlord cannot serve you a 'section 21' eviction notice for six months afterwards.

What Should You Do if You Spot a Safety Problem?

Acting early can prevent harm and strengthen your rights. Here are the steps to take:

• 1. Notify your landlord: Describe the issue in writing and ask for repairs by a specific date.
• 2. Escalate if ignored: Contact your local council’s Environmental Health if the landlord fails to act.
• 3. Keep records: Save copies of all letters, emails, and photos of the problem.

Relevant Official Forms

• Form: Section 21 Notice (Form 6A)
  If your landlord tries to evict you using a Section 21 notice (Form 6A), and you have reported a health or safety issue, this notice may be invalid. For example, if you contacted the council, and they served an improvement notice within the last six months, a Section 21 eviction is not permitted within that time. Always check the date and reason for any notice you receive.
• Form: HHSRS Complaint (Environmental Health)
  You may need to file a formal complaint about housing safety hazards through your local council’s Environmental Health department. While there isn’t a standard national form, your local council’s website will explain how to report an issue. See the official GOV.UK guidance for repairs for more detail.

Understanding No-Fault (‘Section 21’) Evictions and Your Protections

A ‘no-fault’ eviction allows landlords to end an assured shorthold tenancy without giving a specific reason, but not if you recently reported a safety issue and the council has formalised the complaint:

• If the council serves an improvement notice or notice requiring emergency remedial action, your landlord cannot issue a valid Section 21 notice for six months.
• This protection covers issues such as electrical hazards, unsafe gas appliances, or dangerous mould.

For more information, see the guidance on eviction notices at GOV.UK.

Which Tribunal Handles Disputes?

The First-tier Tribunal (Property Chamber) resolves housing disputes in England, including challenges to eviction or repair issues. They can assess the fairness of evictions and rent increases, and confirm housing standards.

When Retaliatory Eviction Rules Do NOT Apply

While English law gives strong protection, there are exceptions:

• If you are being evicted for a valid legal reason (for example, rent arrears or antisocial behaviour), the Section 21 protection does not apply.
• Your complaint must have been made in writing, and the council must have issued a formal notice.

In these situations, you may still have rights and should seek advice fast.

How to Raise Concerns Safely

Document every step:

• Always put complaints in writing (email or letter).
• Photograph and date all evidence of the problem.
• Follow up if you do not hear back in a reasonable time.

For detailed advice, see the Shelter England guidance on reporting repairs.

FAQ: Safety Reporting and Eviction in England

1. Can my landlord evict me for complaining about damp or fire risks?
   No, if you report a safety problem and the council investigates, your landlord cannot issue a valid Section 21 eviction notice for six months after formal action by the council.
2. What is retaliatory eviction?
   A retaliatory eviction happens when a landlord tries to evict you because you complained about a problem. English law gives you protection against this if your complaint is valid and the council confirms a hazard.
3. What should I do if I receive a Section 21 notice after reporting repairs?
   Contact your local council and seek advice from a renters’ support service immediately. You may be able to challenge the notice if the proper process wasn’t followed.
4. Which official body deals with housing eviction disputes in England?
   The First-tier Tribunal (Property Chamber) handles these disputes. You can find more information on their official site.
5. Do these protections apply to all renters?
   Most protections apply to assured shorthold tenants in England, but some exceptions exist. Always check your tenancy type and get advice if unsure.

Key Takeaways

• Landlords cannot legally evict you for reporting safety problems if your council has served an improvement notice.
• Always put complaints in writing and keep records.
• If you receive an eviction notice, act quickly and seek help from official sources.

Need Help? Resources for Renters

• GOV.UK: Landlord Safety Responsibilities – Official advice on landlord repair and safety obligations
• Find your local council – Contact information for your local Environmental Health team
• Shelter England: Eviction and Housing Advice – Free guidance for renters on repairs and evictions
• First-tier Tribunal (Property Chamber) – Resolves housing-related disputes

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1. Deregulation Act 2015, Section 33-34 – Retaliatory eviction provisions
2. Protection from Eviction Act 1977
3. Repairs in rented housing – GOV.UK
4. Eviction process for private tenants – GOV.UK
5. Form 6A: Section 21 Notice Seeking Possession

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