Housing Disrepair Claims

What Is Housing Disrepair and What Are Your Rights?

Housing disrepair is when a rented property has defects that the landlord has failed to repair after being notified. Under Section 11 of the Landlord and Tenant Act 1985, landlords of residential tenancies are legally obligated to keep the structure and exterior of the property in good repair, and to maintain installations for water, gas, electricity, sanitation, and heating. This obligation applies regardless of the age of the property and cannot be excluded by the terms of the tenancy agreement.

The Homes (Fitness for Human Habitation) Act 2018, which amended the Landlord and Tenant Act 1985, further strengthened tenant protections. Since March 2019, landlords must ensure their properties are fit for human habitation at the start of the tenancy and throughout. This covers hazards such as damp, mould, excess cold, structural collapse, inadequate ventilation, and pest infestations. If your landlord has failed to meet these standards, you may be entitled to compensation.

What Are the Most Common Types of Housing Disrepair?

Mould and damp: Black mould caused by condensation, rising damp, or penetrating damp is one of the most common disrepair issues. Prolonged mould exposure can cause respiratory conditions, asthma, skin irritation, and allergic reactions. Water leaks: Leaking roofs, pipes, or plumbing fixtures that cause water damage to walls, ceilings, and floors. Heating failures: Broken boilers, radiators, or central heating systems leaving the property without adequate heating or hot water.

Electrical defects: Faulty wiring, broken sockets, exposed wires, and outdated consumer units posing a risk of fire or electrocution. Pest infestations: Rats, mice, cockroaches, or bed bugs resulting from disrepair such as holes in walls or broken drains. Structural problems: Cracked walls, subsidence, rotten window frames, broken doors, and unstable floors or staircases that compromise the safety of the building.

How Do You Make a Housing Disrepair Claim?

Before legal proceedings can begin, the Pre-Action Protocol for Housing Conditions Claims requires you to follow a specific process. First, you must notify your landlord in writing of the disrepair. Keep a copy of all correspondence, including letters, emails, and text messages. Take dated photographs and videos of the disrepair as evidence. If possible, obtain a medical report linking any health issues to the property conditions.

Your landlord has a reasonable period — typically 21 days — to respond to your notification and arrange an inspection. If the landlord fails to respond, refuses to carry out repairs, or only makes inadequate repairs, your solicitor can issue a Letter of Claim. The landlord then has a further period to respond before court proceedings are issued.

If the matter proceeds to court, a judge can order the landlord to carry out repairs, award you compensation for the inconvenience and any health impact, and award damages for any belongings damaged by the disrepair. Most claims settle before reaching court.

What Evidence Do You Need for a Housing Disrepair Claim?

Strong evidence is essential for a successful claim. You should gather: dated photographs and videos of the disrepair (taken regularly to show progression); copies of all communications with your landlord reporting the issues; medical records if the disrepair has affected your health; a surveyor's report detailing the condition of the property (your solicitor can arrange this); and receipts for any damaged belongings or additional expenses incurred (such as additional heating costs or temporary accommodation).

Your solicitor will also obtain evidence from an independent surveyor who will inspect the property, identify all defects, establish whether the landlord was responsible, and estimate the cost of repairs. This expert report forms the basis of your claim.

How Much Compensation Can You Get for Housing Disrepair?

Compensation for housing disrepair typically falls into several categories. General damages compensate for the inconvenience, discomfort, and loss of enjoyment of your home. Courts often calculate this as a percentage of your rent for the period the disrepair persisted — typically 25% to 50% for moderate disrepair, and higher for severe cases. Special damages cover specific financial losses such as damaged belongings, additional heating costs, or medical expenses.

For severe cases involving significant health impacts (chronic respiratory conditions from mould exposure, for example), compensation can exceed £10,000. Cases where the property was partially or wholly uninhabitable can attract higher awards. All claims are assessed individually based on the severity, duration, and impact of the disrepair on you and your family.

Your Rights as a Tenant

Making a disrepair claim is your legal right, and your landlord cannot evict you for exercising it. Under the Deregulation Act 2015, retaliatory eviction — where a landlord serves a Section 21 notice after a tenant has complained about disrepair — is prohibited. If your landlord attempts to evict you after you report disrepair, you should seek legal advice immediately.

Whether you rent from a private landlord, a housing association, or a local authority, your right to a safe, habitable property is the same. Council tenants and housing association tenants have the same rights under Section 11 of the Landlord and Tenant Act 1985 and can pursue claims in the same way.

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