If you’re living with damp, mould, leaks, broken heating, electrical problems or unsafe conditions but you’re scared your landlord might evict you if you complain, you are not alone.
As a senior housing solicitor, I can tell you this clearly:
No, your landlord cannot legally evict you simply because you make a genuine housing disrepair claim.
In fact, the law is designed to protect you.
Let’s break this down calmly and clearly so you understand your rights.
Why Tenants Feel Afraid to Make a Housing Disrepair Claim
Most of my clients worry about three things:
-
“What if this is a scam?”
-
“What if my landlord gets angry?”
-
“What if I lose my home?”
These fears are completely understandable — your home is your security. But avoiding repairs because of fear often makes the situation worse, especially where mould or damp is affecting your health.
The truth is: you have a legal right to live in a safe and habitable property.
What Does the Law Say? (UK Position – Updated)
Under:
-
Landlord and Tenant Act 1985 (Section 11)
-
Homes (Fitness for Human Habitation) Act 2018
-
Deregulation Act 2015 (Protection from Retaliatory Eviction)
Landlords are legally required to:
-
Keep the structure and exterior in repair
-
Maintain heating, hot water, gas, electricity and sanitation
-
Ensure the property is fit for human habitation
-
Address serious damp and mould issues
If a landlord tries to evict you because you complained about repairs, this is known as retaliatory eviction — and the law restricts this.
Can My Landlord Serve a Section 21 Notice After I Complain?
This is one of the biggest fears.
Here is the important point:
If:
-
You report disrepair in writing, and
-
The landlord fails to deal with it, and
-
The council serves an Improvement Notice
Then any Section 21 eviction notice served afterwards can be invalid.
This is legal protection specifically created to stop landlords from evicting tenants for complaining.
Also, with the proposed Renters Reform changes progressing, tenant protections are strengthening further.
What About Housing Association or Council Tenants?
If you are a council or housing association tenant, your security is even stronger.
These landlords cannot simply evict you for making a repair complaint. They must follow strict legal procedures and prove grounds for possession — and complaining about disrepair is not one of them.
Important: Making a Housing Disrepair Claim Is Not “Causing Trouble”
Many tenants feel guilty.
You are not being difficult.
You are not being greedy.
You are not risking your tenancy by asserting your rights.
A housing disrepair claim simply:
-
Forces necessary repairs to be completed
-
Compensates you for inconvenience, damage or health impact
-
Ensures your home is safe
That is your legal right.
What If My Landlord Threatens Me?
If a landlord:
This may amount to illegal eviction or harassment, which is a criminal offence.
You would have strong legal protection.
Is It a Scam to Make a Housing Disrepair Claim?
This is another common worry.
A legitimate housing disrepair claim is handled by regulated solicitors under a formal legal process. It is based on evidence, medical impact (if relevant), inspection reports, and housing law.
If you instruct a regulated law firm authorised by the Solicitors Regulation Authority (SRA), the process is lawful and structured.
Always check:
-
The firm is SRA regulated
-
You receive proper paperwork
-
You understand the funding agreement
Transparency is key.
The Reality: Most Landlords Fix the Problem
In practice, once formal legal correspondence is sent:
Eviction is not the normal outcome of a genuine disrepair case.
The Bigger Risk Is Staying Silent
The real danger is:
-
Living with mould affecting your children’s health
-
Unsafe electrics
-
Persistent leaks damaging your belongings
-
Cold homes worsening respiratory conditions
The law exists to protect tenants — but it only works if you use it.
Final Reassurance From a Senior Solicitor
If you are making a genuine housing disrepair claim:
-
You are protected by law
-
Retaliatory eviction has legal barriers
-
Council and housing association tenants have strong security
-
Landlords cannot lawfully evict you just for asserting your rights
Your home should be safe.
Your health matters.
Your rights matter.
As specialist housing solicitors, we have successfully handled hundreds of housing disrepair claims across the UK. Many of our clients initially felt anxious — worried about eviction, worried about upsetting their landlord, or worried the process might be a scam.
In the overwhelming majority of cases:
-
Repairs were completed
-
Compensation was recovered
-
Tenancies continued without issue
-
Clients felt safer and more confident in their homes
Taking legal advice does not put your tenancy at risk — it protects it.
Fear is understandable — but knowledge removes fear.
If you are unsure about your specific situation, seek advice from a qualified housing solicitor who specialises in disrepair claims before taking action. The right advice can give you clarity, protection and peace of mind.
