Structural Repair Rights & Compensation | Tenant Guide

Landlord Structural Obligations

Under Section 11 of the Landlord and Tenant Act 1985, your landlord must maintain the structure and exterior. This includes foundations, external and internal load-bearing walls, floors, ceilings, joists, and the roof. The Homes Act 2018 requires the property to be safe and suitable throughout. The HHSRS identifies structural failure as a potential Category 1 hazard.

What counts as structural: cracks wider than 3mm, horizontal cracks in external walls, stair-step cracks in brickwork, bowing or bulging walls, foundation movement, subsidence, ceiling collapse risk. What is not structural: hairline plaster cracks (under 1mm), normal settlement cracks that are stable. When in doubt, report and request investigation.

Structural Engineer Reports

You have the right to request that your landlord commission a structural engineer report for serious concerns. The report assesses the nature of cracking, identifies the likely cause, grades severity, and recommends remedial action. It distinguishes between cosmetic movement and genuine structural issues. Cost: 300 to 1,000 pounds, which should be the landlord's expense.

If your landlord refuses to commission a report, contact your local council. Environmental health can inspect under the HHSRS and serve improvement notices. For serious structural concerns, the council may arrange their own survey.

Repair Timeframes

Emergency (ceiling collapse risk, severe structural damage): 24 hours. Urgent structural repairs (serious cracks, bowing walls): 7 days. Non-urgent structural repairs: up to 28 days. Ongoing monitoring after repair: regular checks as agreed in writing.

If your landlord does not meet these timeframes, document every day of delay. The delay itself strengthens any compensation claim.

Environmental Health and Escalation

Your local council's environmental health team can inspect the property and assess structural hazards under the HHSRS. Structural failure and collapse are recognised hazards that can be classified as Category 1 (mandatory enforcement). The council can issue improvement notices with repair deadlines, prohibition orders preventing use until repairs are made, and arrange emergency works and charge the landlord.

For council and housing association tenants: the same rights apply plus the Housing Ombudsman route. Stage 1 complaint, Stage 2 escalation, then the Ombudsman. Citizens Advice and Shelter provide free guidance. You can also apply to the First-tier Tribunal for a rent repayment order if your landlord has persistently failed.

Compensation for Structural Defects

You can claim compensation for the inconvenience of living with structural problems (percentage of rent for the affected period), damage to your belongings, the cost of temporary accommodation if the property became uninhabitable, and distress. For ceiling collapse: compensation covers repair costs, damaged belongings, alternative accommodation, and distress.

Structural repair costs the landlord is liable for: crack stitching (500 to 2,000 pounds), wall anchors (a few hundred to several thousand), underpinning for subsidence (5,000 to 50,000+), ceiling replacement (1,000 to 3,000), masonry rebuilding (varies widely). A no win, no fee solicitor can pursue compensation alongside forcing repairs.

Common Questions