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Housing

Retaliatory eviction

A retaliatory eviction is when a tenant is evicted as a result of asking for repairs, or complaining about bad housing conditions.

If you would like to make a complaint about disrepairs in your private rented property the Healthy and Sustainable Homes Team may be able to help you. This will depend on the type of repair you are complaining about.

If you are at imminent risk to heath - for example no heating in winter, or collapsing ceiling:

  • you should complain to your landlord, and you should expect response within 24 hours.
  • the protection against retaliatory eviction applies, and your landlord is not permitted to evict you for a period of 6 months, providing you have acted in a tenant-like manner
  • If your landlord carries out the repair, the matter is ended
  • if there is no response, the Healthy and Sustainable Homes Team will verify the need of a repair and serve the relevant Housing Act 2004 Notice

If you have serious problems - for example inadequate heating, poor insulation, lack of smoke alarms, risk of falls:

  • you should make a complaint to your landlord
  • your landlord must respond to your complaint within 14 days and describe the action they will take to fix the problem
  • if your landlord carries out the repair according to the specified timetable, this is the end of the matter
  • if your landlord does not respond, the response is inadequate, or they respond with abuse or by issuing an eviction notice, you should contact the Healthy and Sustainable Homes Team and request an inspection to validate the need for a repair

If you have minor disrepairs - for example dripping taps, condensation:

  • report repairs direct to the your landlord

Unfortunately we cannot provide assistance with issues arising from monor repairs.

Also see

Healthy and Sustainable Homes Service

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 552300