What Is a Retaliatory Eviction?
On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenant rights, deposits, notices and eviction processes amongst others. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. At present the Act has not yet come into force however this is anticipated fairly soon. When in place the concept of retaliatory eviction in the context of section 21 notices, will end, because section 21 notices will no longer be valid. For the current position on this see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure and rights. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented.
A retaliatory eviction occurs when a tenant raises concerns with their landlord about the property’s condition and, in response, the landlord serves a notice to attempt to terminate their tenancy.
It’s otherwise known as a “revenge” eviction and can leave people vulnerable to living in poorly maintained properties simply out of fear of being forced to leave. Equally, landlords must protect themselves from spurious complaints, which they often have to pay for, to avoid costly litigation.
Our specialist property litigation team handle property disputes across the country, including where allegations of, and surrounding retaliatory eviction arise. If you are a landlord facing this issue, we’re well placed to assist you.
A retaliatory eviction usually begins with a landlord serving a Section 21 notice on their tenant after the tenant complains of disrepair. Those subject to an Assured Shorthold Tenancy (AST) outside of their fixed term are most at risk, as their landlord does not have to provide a reason to serve the notice.. While the law is due to change soon to make it more difficult to pursue no-fault evictions, these amendments have yet to come into force.
In some situations, a tenant can defend a revenge eviction. The most common defence is when the council serves the landlord with:
• an improvement notice
• an emergency works notice
In such instances, landlords are prevented from serving a Section 21 notice for 6 months starting from the date the council’s notice is served. In these circumstances, the tenant should write to their landlord and the court to inform them that Section 21 is invalid, with evidence including the relevant council’s notice.
If a tenant receives a Section 21 notice before the council issues an improvement or emergency works notice, the landlord cannot use it to evict them as long as:
• The tenant has made a written complaint to the landlord about the condition of the property, and the landlord has failed to deal with the complaint within 14 days;
• The council gave the landlord an improvement or emergency works notice after the notice has been served
If the council suspends or withdraws the notice, the landlord can immediately serve a new Section 21 notice.
Landlords must, therefore, keep their properties in good repair and respond to tenants’ complaints promptly and adequately. They must also ensure they comply with any council notice within the specified timeframe. Any tenant served with a retaliatory notice should seek legal advice and notify the relevant parties as outlined above.
If you are facing this issue our specialist property litigation team would love to help you. We have decades of experience and a specialist team acting in these claims and disputes nationally.