Can I Be Evicted for Making a Housing Disrepair Claim?

Table of Contents

Introduction

Many tenants hesitate to speak up about poor living conditions out of fear—particularly fear of eviction. One of the most common questions we hear at Housing Disrepair Team is:
“Can I be evicted for making a housing disrepair claim?”

The short answer is: No, not legally. You have rights, and your landlord is obligated to uphold them.

In this article, we’ll explore your legal protections, the risks of “retaliatory eviction,” and how working with our experienced housing disrepair solicitors can protect you while helping you make a housing disrepair claim and win compensation.

What Is a Housing Disrepair Claim?

A housing disrepair claim is a legal action tenants can take against a landlord who has failed to carry out necessary repairs. Common issues include:

Damp and mould
Leaks and flooding
Faulty heating or electrics
Pest infestations
Broken doors and windows
Structural damage

If your landlord has been informed but ignored or delayed repairs, you may be eligible for housing disrepair compensation. Our team of housing disrepair experts can help you claim on a no win, no fee basis.

Your Right to Live in a Safe, Habitable Home

UK housing law clearly states that landlords have a legal duty to maintain rental properties to a safe and livable standard. Under the Landlord and Tenant Act 1985, they must:

Repair the structure and exterior of the home
Ensure heating, gas, and water systems work properly
Fix sanitary fittings (baths, sinks, toilets)
Keep the property free from hazards like mould, damp, and infestations

If these obligations aren’t met, you have every right to make a housing disrepair claim without fear of being evicted.

What Is Retaliatory Eviction?

Retaliatory eviction (also called revenge eviction) occurs when a landlord attempts to evict a tenant for complaining about housing conditions or asserting their legal rights.

For example:
You report mould or leaks → The landlord doesn’t act → You file a complaint or claim → They issue a Section 21 eviction notice

This is illegal in many cases—and you’re protected.

Legal Protections Against Eviction

Thanks to the Deregulation Act 2015, tenants in England have stronger protections than ever before.

If you report disrepair in writing and the council serves a notice on your landlord (such as an improvement notice), your landlord cannot legally evict you using a Section 21 notice for the next 6 months.

Other legal safeguards include:

✅ Your claim being supported by documented evidence
✅ The landlord being unable to use eviction as retaliation
✅ Judges considering disrepair claims when reviewing possession orders

Our housing disrepair solicitors will make sure your claim is backed by solid legal protection.

What If I’m on a Rolling or AST Tenancy?

Whether you’re on a fixed-term contract or a periodic tenancy, you still have legal rights. A landlord cannot simply kick you out for asserting those rights.

We always recommend:

Reporting the issue in writing
Keeping copies of all correspondence
Notifying the local council if the landlord ignores requests
Speaking to us before your landlord serves any eviction notice

We’ll ensure your claim is legally protected and give you peace of mind throughout the process.

What Happens If I’m Threatened with Eviction?

Landlords sometimes use threats to scare tenants into silence. If you’re threatened with eviction after raising a repair issue:

Do not panic – They may be bluffing
Do not move out voluntarily – This can harm your legal position
Contact Housing Disrepair Team immediately – We’ll take over communication
Involve the council – If needed, we’ll notify them and strengthen your protections

We work with the best housing disrepair solicitors who are experienced in handling these situations.

Real-Life Example

Emma, a tenant in Manchester, contacted Housing Disrepair Team after months of living with severe damp and broken heating. She was terrified that complaining would get her evicted. We helped her:

Report the issue properly
Arrange a professional inspection
File a compensation claim for housing disrepair
Secure repairs and £3,800 in compensation
Stay in her property without retaliation

You have the same rights. Don’t let fear hold you back.

What Can I Claim Compensation For?

If you’re living in disrepair, you may be eligible for:

💷 Financial compensation for:

Damage to belongings (e.g. mouldy clothes or furniture)
Increased heating bills
Health issues caused by disrepair
Emotional distress and inconvenience
Loss of use of your home (e.g. unusable bathroom or bedroom)

💼 Legal enforcement of urgent repairs
🛠️ A safer, more comfortable home

Why Choose Housing Disrepair Team?

We’re the UK’s leading housing disrepair experts—and we specialise in protecting tenants from both unsafe conditions and landlord intimidation.

When you work with us, you get:

✅ No win, no fee representation
✅ Trusted housing disrepair solicitors
✅ Free inspection by a qualified surveyor
✅ Fast response and legal protection
✅ Maximum housing disrepair compensation
✅ Support against retaliatory eviction

We fight hard to make sure your rights are respected and your home is brought up to standard—quickly and legally.