What Is a Housing Disrepair Claim and Why Are They Necessary?

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When repairs are missed or ignored and a tenant is left living in unsafe or unhealthy conditions, what options do they have?

A housing disrepair claim is one of those options.

While some landlords fear the word 'claim' and some tenants are unsure whether they can even make one, disrepair claims are a legal mechanism designed to protect people and raise standards, especially when all other avenues have failed.

So, what exactly is a housing disrepair claim and why are they sometimes not just necessary, but vital?

What is a disrepair claim?

A housing disrepair claim is a legal process where a tenant or leaseholder takes action against their landlord for failing to carry out essential repairs that they are legally responsible for.

These are usually repairs that affect the structure, safety or basic living conditions of a home - common examples include:

• Persistent damp and mould
• Leaking roofs or plumbing
• Unsafe gas or electrical installations
• Broken heating or hot water systems
• Structural issues like cracks, subsidence or rot

The claim typically seeks one or both of the following:

1. A court order requiring the landlord to carry out the repairs, or at least a threat of one
2. Compensation for harm caused, such as damage to belongings or harm to health

When is a claim necessary?

Most tenants would much rather have the issue fixed than go through legal action.

Disrepair claims are rarely the first resort as they very often follow months or even years of chasing, complaints and unanswered requests for help.

In many cases, tenants report repairs multiple times, escalate via the landlord’s complaints process and may even involve their local Environmental Health team.

A claim becomes necessary when:

• The landlord has been made aware of the issue
• A reasonable time has passed with no resolution
• The problem is causing making the property unsafe

What’s the impact on landlords and tenants?

For tenants, a successful claim can lead to long-overdue repairs, recognition of the harm caused and financial compensation.

For landlords, it can lead to:

• Legal costs
• Compensation pay-outs
• Damaged reputation
• Regulatory scrutiny

But there’s a bigger impact - disrepair claims hold landlords to account.

They show where systems are failing and where investment is needed and they can ultimately lead to better housing standards for everyone.

Are disrepair claims increasing?

Yes, particularly in the social housing sector, with the rise being driven by ageing housing stock, cost pressures and better tenant awareness of their rights.

Whilst many landlords are meeting the challenge by introducing better repairs tracking, appointing new contractors, implementing damp and mould policies and improving tenant engagement to prevent issues from escalating, the evidence shows that disrepair issues are actually getting worse.

How can DISREPAIR AWARE help?

Many rented homes are not inspected regularly or maintained properly - we want to help improve housing conditions for everyone.

We help tenants and leaseholders understand their rights and get support and help registered providers, private landlords and estate agents to understand their obligations and get compliant.