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Will Claiming Affect My Tenancy?
A deposit claim is not a legal reason to end your tenancy, and since 1 May 2026 landlords can no longer use no-fault evictions.
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In Short
Making a deposit claim is not a legal reason to end your tenancy, and since 1 May 2026 landlords in England can no longer use section 21 no-fault evictions. A landlord still needs a legal ground, proved in court. While your deposit is unprotected, most grounds are blocked, but that block ends once the deposit is protected, returned, or your claim is settled or decided.
What Changed On 1 May 2026
- Section 21 no-fault evictions
- No reason needed to end your tenancy
- Fixed terms that were hard to leave early
- Selling or moving in: a section 21 with 2 months' notice
- Rent arrears: 2 months owed, 2 weeks' notice
- Landlords could ask for months of rent up front
- No-fault evictions are gone
- Landlords need a legal reason, proved in court
- Rolling tenancies: you can leave with 2 months' notice
- Selling or moving in: 4 months' notice, never in the first 12 months
- Rent arrears: 3 months owed, 4 weeks' notice
- Rent up front capped at 1 month, rises once a year with 2 months' notice
Making A Claim Is Within Your Rights
Claiming is your legal right. If your landlord disputes it, the court looks at the facts: whether the deposit was protected in time and whether you got the paperwork. If it was not, the law says the court must award you between 1x and 3x the deposit.
The Honest Limits. A Landlord Can Still:
- Use the anti-social behaviour grounds
- Sell or move in, with 4 months' notice and not in your first 12 months
- Claim for serious rent arrears, now three months or more
- Use other grounds once the deposit is protected, returned, or your claim is settled or decided
- But only a court can order you to leave
Here's What You Get When Working With Us
Recommended
With Free Deposit Check- Full online deposit check and analysis
- All three deposit schemes searched for you
- Eligibility and time limits checked
- Your whole case file prepared
- Matched with our specialist solicitors
- £387 court fee covered in your agreement
- With you at every step
- £0 up front and £0 if you lose (terms apply)
- Search each scheme yourself
- Work out if you qualify
- Gather and organise all the evidence
- Write the letter to your landlord
- Pay the £387 court fee up front (Help with Fees may cut it)
- Present your case to the court
- Chase your landlord for payment
- All the risk and work is on you
If you win, the solicitor's success fee (up to 25% + VAT) comes out of your compensation. The solicitor pays us for the introduction, so you never pay us anything.
Quick Answers
Can My Landlord Evict Me For Making A Deposit Claim?
Making a claim is not a legal ground for possession, and section 21 has gone. But the block on possession from an unprotected deposit is temporary, so if you still live there, ask your solicitor about timing.
How Much Notice Must A Landlord Give To Sell Or Move In?
Since 1 May 2026, 4 months' notice, and they cannot use these reasons in the first 12 months of a tenancy. They also cannot re-let the home for 12 months afterwards.
Does An Unprotected Deposit Stop My Landlord Evicting Me?
Only for a while. A court generally cannot make a possession order while the deposit is unprotected or the paperwork is missing. That block ends once the landlord protects it and gives you the paperwork (even late), returns it, or once a deposit claim is decided, withdrawn or settled. It never applies to anti-social behaviour grounds.
What Should I Do If I Get A Notice?
Get advice quickly. Shelter and Citizens Advice can help for free, and your solicitor will want to know.
Keep Reading
Sources
- Guide to the Renters' Rights Act (GOV.UK)
- Enforcement measures for landlords: Renters' Rights Act 2025 (GOV.UK)
- Tenancy deposit protection (GOV.UK)
- Renters' Rights Act 2025 (legislation.gov.uk)
- Renters' Rights Act changes for private renters (Shelter)
- Check if your landlord has to protect your deposit (Citizens Advice)
Last updated 15 October 2026. General information for tenants in England only (the rules differ in Wales, Scotland and Northern Ireland). Not legal advice.