Your Questions About Housing Disrepair – Answered
Housing disrepair is a serious issue affecting thousands of tenants across the UK. If you live in a property with problems such as damp, mould, leaks, faulty heating, or electrical issues, you may be entitled to repairs, compensation, and legal protections.
This comprehensive FAQ answers the most common questions about housing disrepair claims, your legal rights, how to report problems, claim procedures, evidence requirements, compensation details, and tenant responsibilities.
If your question is not covered or you want free expert advice, please contact Home Justice Solutions for support.
What is Housing Disrepair?
Housing disrepair means defects or faults in a rented property that significantly affect its condition, safety, or habitability. Examples include:
- Damp and mould growth
- Leaking roofs, windows, or plumbing
- Broken or inefficient heating systems
- Faulty electrical wiring or installations
- Structural damage such as cracks or subsidence
- Broken windows, doors, or locks
- Pest infestations due to neglect
- Blocked drains or poor sanitation
Such problems can cause health issues, damage belongings, and disrupt your daily life. Landlords are legally required to keep the property in good repair.
Who is Responsible for Repairs?
Typically, landlords must maintain the structure and installations of the property including:
- Roofs, walls, windows, and doors
- Heating and hot water systems
- Electrical wiring and safety
- Plumbing and drainage
- Ensuring health and safety standards
Tenants usually handle minor repairs and general upkeep but must check their tenancy agreement for specifics.
What Legal Rights Do Tenants Have?
UK tenants are protected by laws such as:
- Landlord and Tenant Act 1985: Mandates landlords keep property structure and installations in repair.
- Homes (Fitness for Human Habitation) Act 2018: Requires rented homes to be safe and suitable throughout the tenancy.
- Housing Health and Safety Rating System (HHSRS): Used by councils to identify and tackle housing hazards.
- Protection from retaliatory eviction: You cannot be evicted for making legitimate disrepair complaints.
If your landlord fails these duties, you can demand repairs, seek compensation, and take legal action.
How Do I Report Housing Disrepair?
Effective reporting increases your chance of prompt repairs:
- Notify your landlord in writing, describing the problem in detail.
- Include photographic or video evidence if possible.
- Keep copies of all communication and note dates.
- If the landlord does not act, report to your local council’s housing enforcement.
- Follow the council’s official complaints procedures if necessary.
What Types of Housing Disrepair Claims Can I Make?
- Damp and mould claims: For health and property damage due to persistent damp or mould.
- Heating failure claims: For broken or inadequate heating and hot water.
- Leak and water damage claims: Due to leaking roofs, pipes, or windows.
- Electrical faults claims: For unsafe wiring or electrical hazards.
- Structural damage claims: Including cracks, subsidence, or unsafe floors.
- Security issues: Such as broken locks or windows.
- Pest infestation claims: Due to neglect or building defects.
Claims may cover repair costs, health impacts, property damage, and inconvenience.
How Long Do I Have to Make a Claim?
In the UK, the limitation period is generally six years from when the disrepair occurred or when you became aware of it. Some personal injury claims may have shorter limits.
It’s best to act quickly to preserve evidence and strengthen your claim. Seek legal advice if unsure.
What Evidence Do I Need?
- Dated photos and videos showing disrepair
- Copies of written complaints and landlord responses
- Medical reports linking health issues to the housing conditions
- Expert surveys or environmental health officer reports
- Receipts for repairs or temporary accommodation
- Witness statements from family, neighbours, or professionals
What Compensation Can I Expect?
Compensation depends on severity, duration, health impact, and landlord conduct. It can include:
- Inconvenience and distress
- Medical costs and related suffering
- Damage to personal property
- Temporary relocation costs
- Legal and expert fees in some cases
Amounts range from a few hundred pounds for minor issues to tens of thousands for severe cases.
What if My Landlord Ignores Repair Requests?
If ignored, you can:
- Report to your local council housing enforcement
- Use the council’s formal complaints procedure
- Seek advice from charities or legal professionals
- Consider a formal housing disrepair claim with solicitor help
Always document your efforts to get repairs done.
Can I Claim If I Rent Privately?
Yes. Private landlords must maintain safe, habitable homes. You can report issues to the council and pursue legal claims if the landlord fails to act. Your rights are similar to those renting from councils or housing associations.
Do I Need a Solicitor?
While you can claim yourself, specialist solicitors improve your chances by:
- Organising and gathering evidence
- Handling legal paperwork and communication
- Negotiating fair compensation
- Representing you in court if necessary
- Offering no win, no fee agreements
Typical Claim Process
- Report disrepair to landlord and council
- Gather evidence, allow reasonable time for repairs
- Consult solicitor for claim strength
- Send formal Letter of Claim
- Negotiate settlement or ADR
- Proceed to court if unresolved
- Receive repair orders or compensation
What If Disrepair Causes Health Problems?
Health impacts strengthen claims. Common problems linked include:
- Asthma and respiratory issues
- Allergies and skin irritations
- Infections and chronic illnesses
- Mental health issues like anxiety and stress
Medical reports linking these to your home are key evidence.
Tenant Responsibilities
- Report disrepair promptly in writing
- Allow access for repairs
- Maintain cleanliness and avoid causing damage
- Keep detailed records and evidence
- Inform landlord of further damage or hazards
Can I Claim After Moving Out?
Yes, you can claim for harm or losses caused during your tenancy within legal time limits, including distress, health issues, and property damage.
What is Alternative Dispute Resolution (ADR)?
ADR, including mediation or arbitration, offers faster, cheaper alternatives to court and can help reach agreements without lengthy litigation.
How Do I Escalate Complaints?
Use the landlord’s formal complaints process, report to your local council, escalate to the Housing Ombudsman if necessary, or seek legal advice.
Can I Claim for Damage to Personal Belongings?
Yes, you can include damage to your possessions in compensation claims. Keep receipts or proof of value if possible.
How Does Disrepair Affect Rent Payments?
Disrepair usually does not excuse rent payments. Serious disrepair affecting habitability may allow rent withholding or reduction but only under legal advice.
What Support is Available if I Struggle to Pay Rent?
You may qualify for housing benefit, discretionary payments, or debt advice. Contact your council or charities for assistance.
Can I Get Help with Claims If I’m on Benefits?
Yes, many claims work on no win, no fee terms, so low income or benefits do not prevent you from pursuing a claim.
What Happens if the Landlord Sells During a Claim?
The new owner assumes repair responsibilities. Claims can continue against the landlord responsible at the time of disrepair.
Can Landlords Retaliate Against Tenants?
Retaliatory eviction or harassment is illegal. Tenants have legal protection and can challenge such behaviour.
How to Prepare for a Housing Disrepair Inspection
Document all problems, attend inspections if possible, clearly point out issues, and keep records of reports or communications.
How Can Home Justice Solutions Help You?
We offer free eligibility assessments and connect you with expert solicitors on a no win, no fee basis. We guide you through evidence gathering, claim submission, negotiation, and legal processes.
Contact Us Today