Every tenant in the UK has a legal right to live in a property that is safe, habitable, and properly maintained. When landlords fail to carry out necessary repairs, tenants can suffer from health problems, property damage, and a drastically reduced quality of life. If this describes your situation, you may be entitled to make a housing disrepair claim.

This guide explains what housing disrepair is, what your landlord is legally required to fix, and how the claims process works.

What Counts as Housing Disrepair?

Housing disrepair refers to any defect or deterioration in a rented property that the landlord is responsible for repairing but has failed to address within a reasonable timeframe. Common examples include:

Damp and mould growth on walls, ceilings, or around windows
Leaking roofs causing water ingress and structural damage
Broken or faulty heating systems leaving the property without adequate warmth
Plumbing issues including burst pipes, blocked drains, and leaking taps
Defective electrical wiring posing fire or shock hazards
Broken windows or doors that compromise security or insulation
Pest infestations resulting from structural defects such as gaps in walls or floors
Structural problems including subsidence, crumbling walls, or unstable floors

The key factor is that the landlord must have been notified of the problem and given a reasonable period to act. If they have been informed and still failed to make repairs, you have grounds for a claim.

Your Landlord's Legal Obligations

Under Section 11 of the Landlord and Tenant Act 1985, landlords of properties let on short leases (less than seven years) are legally required to maintain:

The structure and exterior of the property (roof, walls, windows, external doors)
Installations for the supply of water, gas, and electricity
Installations for sanitation (basins, sinks, baths, toilets)
Installations for space heating and water heating

Additionally, the Homes (Fitness for Human Habitation) Act 2018 strengthened tenant protections considerably. Since March 2019, all rented properties must be fit for human habitation at the start of the tenancy and throughout. This covers factors such as:

Freedom from damp and condensation
Adequate natural lighting and ventilation
Proper drainage and hot/cold water supply
Stability of the building's structure
Freedom from hazards including excess cold and fire risks

These obligations apply to council tenants, housing association tenants, and private rental tenants alike.

How to Report Disrepair to Your Landlord

Before making a formal claim, you must have reported the issue to your landlord. This step is essential because a landlord cannot be held liable for repairs they were not aware of. Follow these steps:

Report in writing – send an email or letter describing the issue clearly. Include the date you first noticed the problem.
Take photographs – document the disrepair with dated photos. Photograph every affected area.
Keep a record – save copies of all correspondence, including text messages, emails, and letters.
Follow up – if you do not receive a response within 14 days, send a follow-up communication referencing your original report.
Contact your council – if your landlord continues to ignore the issue, report it to your local council's Environmental Health team, who can inspect the property and issue enforcement notices.

A reasonable timeframe for repairs depends on the severity of the issue. Emergency repairs (such as a gas leak or total heating failure in winter) should be addressed within 24 hours. Non-urgent repairs typically allow the landlord 28 days.

When Can You Make a Housing Disrepair Claim?

You may be eligible to make a formal housing disrepair claim if all of the following apply:

You are a current tenant (council, housing association, or private)
You have reported the disrepair to your landlord in writing
Your landlord has failed to carry out repairs within a reasonable time
The disrepair has caused you harm, inconvenience, or financial loss

What Can You Claim For?

A successful housing disrepair claim can result in:

Compensation for the period during which you lived with the disrepair
Damages for health issues caused or worsened by the conditions (respiratory problems from mould, injuries from structural defects)
Damage to personal belongings caused by leaks, damp, or other issues
A court order compelling the landlord to carry out repairs
Rent reduction reflecting the reduced value of the property during the period of disrepair

Compensation amounts vary widely depending on the severity and duration of the disrepair. Claims for persistent damp and mould in multiple rooms, left unaddressed for over a year, have resulted in awards of several thousand pounds.

The Claims Process Explained

Housing disrepair claims follow a structured legal process:

Initial assessment – a solicitor reviews your case to confirm you have a valid claim
Pre-action protocol – a formal letter is sent to your landlord under the Housing Disrepair Pre-Action Protocol, giving them a final opportunity to resolve the issue
Expert inspection – an independent surveyor inspects the property and prepares a report detailing the disrepair and recommended remedial works
Medical evidence – if your health has been affected, a medical report may be obtained
Negotiation – most claims are settled through negotiation without going to court
Court proceedings – if settlement cannot be reached, the case proceeds to court

The majority of housing disrepair claims are settled within three to six months. Most are handled on a no-win, no-fee basis, meaning you pay nothing unless your claim is successful.

Important Points to Remember

You cannot be evicted for making a claim

The law protects tenants from retaliatory eviction. Under the Deregulation Act 2015, if a tenant has made a legitimate complaint about housing conditions, Section 21 (no-fault eviction) notices can be invalidated by the court.

You should continue paying rent

Withholding rent can weaken your legal position and give the landlord grounds for eviction proceedings. Continue paying rent as normal while your claim is processed.

Time limits apply

Housing disrepair claims are subject to a limitation period of six years from the date you reported the issue. Older issues may still be claimable if they were reported within this window.

Get Help With Your Claim

Living in a poorly maintained property affects your health, your comfort, and your wellbeing. If your landlord has failed to meet their repair obligations, you have every right to seek compensation and demand that the work is done.

NAASS works with specialist housing disrepair solicitors across the UK. We can connect you with experienced legal professionals who will assess your claim and handle the process on your behalf.

Start your claim today and take the first step towards getting the repairs and compensation you deserve.

Housing Disrepair Claims: Understanding Your Rights as a UK Tenant