Is It Legal to Evict a Tenant Due to Pregnancy in England?

Facing eviction as a result of pregnancy is a distressing situation for any tenant. If you are renting in England, it's important to understand your rights and the legal protections in place. This guide explains whether pregnancy-related evictions are legal, the steps you can take, and where to find help using easy-to-understand language and current legal resources.

Protections Against Pregnancy Discrimination in Housing

Under the Equality Act 2010, it is unlawful for landlords or letting agents to treat you unfairly or evict you because you are pregnant or on maternity leave. This counts as discrimination based on ‘pregnancy and maternity’, which is a protected characteristic.

• Refusing to rent to you because you are pregnant
• Trying to evict you after learning about your pregnancy
• Changing your tenancy terms unfavourably due to pregnancy

If you experience any of the above, it may be considered unlawful discrimination, and you may have grounds to challenge it.

How Does the Eviction Process Work in England?

Even if your landlord issues an eviction notice, there are strict legal steps they must follow, governed by the Housing Act 1988 and the Rent Act 1977. Most private renters have an assured shorthold tenancy (AST) or an assured tenancy, each with its own notice period and procedure.

• Section 21 Notice: Used to regain possession without giving a reason, but must follow strict rules and notice periods. Form 6A is required for assured shorthold tenants.
• Section 8 Notice: Used when the landlord alleges you have broken the tenancy (e.g., rent arrears). They must use Form 3 specifying the reason.

A landlord cannot legally evict you because you are pregnant. If an eviction notice is served for this reason, it is likely discriminatory and unlawful.

What To Do If You Receive an Eviction Notice Due To Pregnancy

Receiving a notice can be overwhelming, but you have options and support. The first step is to check if the notice you have received follows legal requirements:

• Is the correct form used (Form 6A or Form 3)?
• Is the notice period correct?
• Has the landlord given a written reason (if using Section 8)?

Making a Discrimination Complaint

You may be able to make a claim against your landlord for unlawful discrimination through the civil courts. Before taking legal action, it’s usually best to try to resolve the issue with your landlord, possibly with the help of a local council or mediation.

If the issue cannot be resolved informally, a claim can be made in the County Court under the Equality Act. You may wish to seek support from a legal adviser or the Equality Advisory Support Service.

The Role of the Tribunal

If there is a dispute about rent increases or other tenancy issues (but not direct discrimination), you can apply to the First-tier Tribunal (Property Chamber) - Residential Property.

Key Official Forms Renters Should Know

• Form 6A (Notice Seeking Possession - AST, Section 21): Used when a landlord seeks to repossess a property let on an assured shorthold tenancy.
  Example: You receive Form 6A giving you at least two months’ notice to move out, but if the reason relates to your pregnancy, this could be challenged. Access Form 6A and guidance.
• Form 3 (Notice Seeking Possession - Section 8): Used when a landlord is seeking possession under grounds in Section 8 (e.g., rent arrears).
  Example: You receive a Section 8 notice but believe it’s actually about your pregnancy. Seek advice, as this may be discriminatory. Access Form 3 and guidance.

It’s important to act quickly and seek help if you believe you are being evicted because you are pregnant.

Frequently Asked Questions (FAQ)

1. Is it legal for a landlord to evict me because I am pregnant in England?
   No, it is unlawful under the Equality Act 2010 to evict a tenant due to pregnancy, as this counts as discrimination.
2. How do I know if my eviction notice is related to discrimination?
   If your landlord mentions your pregnancy as a reason, or their actions change after learning you are pregnant, this may indicate discrimination.
3. What should I do if I receive a notice I believe is discriminatory?
   Contact your local council or Citizens Advice for support. You may also consider making a complaint under the Equality Act 2010.
4. Which official body handles tenancy disputes in England?
   The First-tier Tribunal (Property Chamber) handles tenancy and rent disputes, although discrimination claims are handled by the County Court.
5. Are there forms I need to complete if challenging an eviction?
   You may need to respond in writing to your landlord and seek advice from official bodies before starting any court claims.

Conclusion: What Renters Should Remember

• Pregnancy-related evictions are likely unlawful in England.
• Landlords must use the correct procedures and official forms—discrimination is illegal under the Equality Act 2010.
• If you believe you are facing discrimination, seek advice from your local council or support services promptly.

Staying informed and acting quickly gives you the best chance to protect your rights and home.

Need Help? Resources for Renters

• Official Government Guide: Renting Privately
• Equality Advisory and Support Service (EASS) – Free advice on discrimination issues
• Citizens Advice – Private Renting Rights
• First-tier Tribunal (Property Chamber) - Residential Property
• Contact your local council's housing department for help with illegal eviction or discrimination

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1. Equality Act 2010
2. Housing Act 1988
3. Rent Act 1977
4. Notice Seeking Possession (Form 6A)
5. Notice Seeking Possession (Form 3)
6. First-tier Tribunal (Property Chamber)

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