FAQ

DISREPAIR AWARE

Who are DISREPAIR AWARE?

We are an independent and impartial housing disrepair information, referral and support service that campaigns for better housing conditions for everyone - learn more here

How can DISREPAIR AWARE help tenants and leaseholders?

We can help tenants and leaseholders in England to understand their rights and get support - learn more here

How can DISREPAIR AWARE help landlord and agents?

We can help registered providers, private landlords and managing agents in England to understand their obligations and get compliant - learn more here

Can I make a housing disrepair claim or complaint to DISREPAIR AWARE?

No, as we are not a law firm or a claims management company and we are not associated with or accredited or endorsed by any Government agency - learn more here

Can DISREPAIR AWARE help tenants and leaseholders make a housing disrepair claim?

Yes, we can help tenants and leaseholders to make a claim by providing free information and referrals, however, we always encourage tenants and leaseholders to talk to their landlord before taking legal action

Is DISREPAIR AWARE a law firm, a claims management company or a Government agency?

No, we are none of these as we are independent and impartial - learn more here

Disrepair

What is 'housing disrepair'?

Housing disrepair is defects inside or outside a residential property or block that a landlord is legally obliged to repair under the terms of a tenancy or leasehold agreement and/or housing legislation - learn more about housing disrepair here

What is a 'housing disrepair claim'?

A housing disrepair claim is a legal process that enables a tenant or leaseholder to hold their landlord accountable for not resolving repair issues reported to them - learn more about housing disrepair claims here

How do I know if I can make a housing disrepair claim?

If you rent a property from a landlord or pay a service charge to a landlord and have reported maintenance issues that haven't been fixed within a reasonable time then you may be able to make a claim

Do I need to pay any fees to make a housing disrepair claim?

No, as DISREPAIR AWARE's vetted panel of disrepair solicitors provide their services on a 'No Win, No Fee' basis - this means you won't have to pay anything upfront to start a claim and you won't have to pay anything at all if your claim is unsuccessful, although you will be asked to sign an agreement

What is the 'Disrepair Protocol'?

The Disrepair Protocol is the process that tenants, leaseholders and landlords should follow for housing disrepair claims before starting legal proceedings, which encourages communication and resolution through the use of experts to assess the issues and asking the landlord to repair them - the Disrepair Protocol is available here

Can I make a housing disrepair claim myself?

Yes, you can make a housing disrepair claim yourself, although the legal process can be long-winded and complex and for that reason it is often in the best interest of a tenant or leaseholder to seek legal advice

Can I make a claim even if I have moved out the property with housing disrepair?

Yes, usually you can still make a claim

Should I make a housing disrepair claim?

We always recommend and encourage tenants and leaseholders to try to resolve their housing disrepair issues directly with their landlord before considering taking legal action - we also recommend making a complaint to the Housing Ombudsman

How do I get started with making a housing disrepair claim?

If you're a tenant or a leaseholder living in social housing, or the tenant of a private landlord, you can get started with making a claim here

Compensation

How much compensation will I get if my claim is successful?

Compensation varies, however, it is usually between a few hundred pounds and a few thousand pounds, depending on the severity of the disrepair, the inconvenience and illness it has caused and the length of time involved - beware of companies offering you very high levels of compensation as often the amount paid will be a lot less than they claim

What is the compensation for?

Compensation is for damage to belongings, such as clothes and furniture, and the inconvenience caused by not being able to enjoy, use or live in your home

Will I get compensation if housing disrepair has made me ill?

Yes, separate compensation can be paid if anyone living in the property has been made physically or mentally ill by housing disrepair, which is known as 'personal injury' - beware of companies offering you high levels of compensation as personal injury is hard to prove and often the amount paid is moderate

Will I keep most of my compensation?

Yes, you will keep most of your compensation and the amount you keep will depend on the 'No Win, No Fee' agreement with your solicitor - beware of companies that charge high success fees or you will receive a lot less compensation than you should

Can I receive compensation through my landlord's complaints process, a housing disrepair claim and the Housing Ombudsman?

Yes, you can, however, generally you will not be able to receive compensation for the same housing disrepair issue more than once

Should I have insurance for my home and should I claim against it?

Yes, we always recommend having insurance for your home if you are tenant or a leaseholder, however, if your landlord is responsible for your housing disrepair then you should not have to claim against it

Repairs

What repairs are landlords usually responsible for?

A landlord is usually responsible for most repair issues depending on the cause, unless it the property is leasehold or shared ownership - a landlord is also usually responsible for external issues for leasehold properties and internal issues caused by the building's structure or exterior

What repairs are tenants or leaseholders usually responsible for?

The repairs you are responsible for should be clear in your tenancy or leasehold Agreement, which may refer to your landlord' 'repairs policy' - tenants are usually responsible for minor internal repairs and keeping the property clean and tidy, whilst leaseholders are usually responsible for all repairs inside their home

Do tenants and leaseholders have to report repairs to their landlord?

Yes, tenants and leaseholders should always report repairs they are not responsible for to their landlord as soon as possible - that said, landlords should also inspect tenanted properties and any blocks of flats or apartments they own regularly to identify issues

What are common types of housing disrepair?

Common types of housing disrepair include structural problems (such as leaking roofs and cracks in walls), poor ventilation, damp and mould, heating and hot water issues, electrical faults, plumbing issues (such as leaking pipes and toilets), blocked drains, pest infestations (such as mice and bedbugs) and also issues with windows and doors

Can I make a claim for damp and/or mould in my home?

Yes, you can usually make a claim for damp and/or mould issues - a specialist surveyor will assess the damp or mould and determine if your landlord is responsible, which could be their surveyor or an independent surveyor

Does damp and/or mould in my home have to be serious to be able to make a claim?

No, contrary to popular belief, the damp and mould in your home does not have to be serious to be able to make a claim - under certain circumstances a leaseholder may be able to make a claim as well

Should I let my landlord into my home to carry out repairs when they ask?

Yes, as landlords are obliged to inspect properties as soon as they receive a claim and also complete the needed repairs as soon as possible - if a resident denies access then the landlord will likely ask a Court to force them to allow access

Timescales

How long do I have to make a housing disrepair claim?

Usually, you will have 6 years to submit a claim, except for personal injury claims, which have a 3 year limit, although claims made under the Homes (Fitness for Human Habitation) Act 2018 may be valid beyond 6 years

How long does it take to make a housing disrepair claim?

Simple claims can resolved in a few weeks and more complicated claims involving court action can take 6 to 12 months or more, sometimes several years - the timescale depends on how severe the issues are and how quickly your landlord responds during the claim process

How quickly will the disrepair issues be resolved?

Your landlord should inspect your home as soon as possible after they become aware of the disrepair issues and then agree and undertake the required repairs promptly - if you have made a claim then this should not delay the repairs from being completed

Can I complain to my landlord, complain to the Housing Ombudsman and also make a disrepair claim?

Yes, you can as they are all separate processes - that said, you will generally not get compensation for the same housing disrepair issues more than once

Landlords

What types of landlords are there?

There many types of social and private landlords, such as Councils, Local Authorities, housing associations, housing charity, housing societies, private landlords and student landlords

How do I know what type my landlord is?

If you're not sure who your landlord is then check your rent or service charge statement - if you are still not clear, call or email them to ask them

What is a Registered Provider?

A Registered Provider is a landlord registered with the Regulator of Social Housing to provide social housing and are also known as 'social landlords' - an up to date list of Registered Providers is available here

How many Registered Providers are there?

As of 2025, it is estimated there are around 1,600 Registered Providers in the UK - about 1,380 are private providers (e.g. housing associations) and about 220 are Local Authorities

How many private landlords are there?

It is estimated there around 2.8 million private landlords in the UK, most of whom are unincorporated, which means they do not provide homes for rent through a limited company - large corporate landlords include Grainger and Citra Living, although some housing associations also own homes for private rent

Should a landlord offer a complaints service?

Social landlords have to offer a complaints service, which must comply with the Housing Ombudsman's Complaint Handling Code

What is a managing agent?

Private landlords, large or small, often use an agent to manage their properties for them known as 'managing agents', which includes letting agents, estate agents, estate management companies and leasehold management firms - social landlords usually manage their own properties, unless they are for private rent, also known as 'Private Rented Sector' or 'PRS'

Are managing agents responsible for housing disrepair?

No, managing agents are not directly responsible for housing disrepair, however, they are responsible for keeping records of repairs undertaken and ensuring instructions to contractors indicate the urgency and scope of the works, amongst other obligations

Eviction

Can I get evicted by my landlord for making a disrepair claim?

No, tenants are protected in law from being evicted when make a housing disrepair claim against their landlord, however, unfortunately some landlords will try anyway - if you need urgent help, contact Shelter and also request a referral from us to a specialist solicitor

Can I make a disrepair claim if my landlord is evicting me?

Yes, you can make a claim under these circumstances, which is known as a 'possession counterclaim', however, you will need to take action quickly to protect yourself

Do I still need to pay my rent or service charge if I make a housing disrepair claim?

Yes, you should continue to pay your rent or service charge to avoid breaching your tenancy or lease agreement no matter how frustrated you are - not paying could ultimately lead to a poor credit score and eviction and even homelessness

If I am in arrears with my rent or service charges can I ask them to write them off?

Yes, you can ask them to do this, however, they are likely to propose using some or all of your housing disrepair compensation to pay your rent arrears, which is known as 'setting off'

Can it take longer to resolve housing disrepair issues using a solicitor?

Yes, it can take longer to resolve housing disrepair issues using a solicitor than if you resolve them directly with your landlord, however, often you will be forced to do so as they will not resolve your issues otherwise

ADR

What is ADR?

In relation to housing disrepair, ADR, which stands for Alternative Dispute Resolution, refers to various types of resolving repair issues without having to go to Court or use a solicitor

What are the different types of ADR?

The different types of ADR are mediation, arbitration, expert determination, conciliation and adjudication - your landlord should offer a complaints process to tenants and leaseholders, which is also considered to be a form of ADR

Can both tenants and leaseholders use ADR?

Yes, both tenants and leaseholders can use ADR to resolve disrepair issues

Do I have to use ADR to resolve my housing disrepair issues?

No, you do not have to use ADR, however, the Disrepair Protocol encourages all parties to do so to avoid tenants and leaseholders having to take legal action

How can I use ADR to resolve my housing disrepair issues?

Start by talking to your landlord, which gives them a chance to resolve your issues without having to go to Court - you may need to make a complaint to your landlord and they may offer an ADR scheme for housing disrepair issues

Should a landlord's ADR scheme be separate to their complaints process?

No, as the Housing Ombudsman provided guidance in a Special Investigation Report that ADR schemes should not be separate to a landlord's 2 stage complaints process

Should I use ADR to resolve my housing disrepair issues?

We always encourage tenants and leaseholders to resolve their housing disrepair issues directly with their landlord, if possible, however, this may not be successful

Legislation

How complex is housing disrepair legislation?

Housing disrepair legislation is very complex and becoming more so due to new and updated legislation and also case law - as Housing is a 'devolved matter', laws applying to social landlords and private landlords in England, Scotland, Wales and Northern Ireland vary

What is the legislation relating to housing disrepair?

Several pieces of legislation, also known as laws, relate to housing disrepair - the main law is the Landlord and Tenant Act 1985, however, there are more, such as the Defective Premises Act 1972, the Housing Act 2004 and the Homes (Fitness for Human Habitation) Act 2018, and most recently Awaab's Law

What is the case law relating to housing disrepair?

There are numerous examples of case law relating to housing disrepair, which may impact on any claim that you make

What is the Homes Act?

The Homes (Fitness for Human Habitation) Act 2018 aims to ensure that rented homes owned by both social and private landlords are ‘fit for human habitation’, or 'habitable', which means they are free from serious hazards and safe to live in

What is the HHSRS?

The HHSRS, or the Housing Health and Safety Rating System, is a tool used in England and Wales by local authorities to assess health and safety in residential properties - it uses a framework of 29 different Hazards, such as damp or excess cold, to determine if a property has any 'Serious' or 'Other' Hazards

What is Awaab's Law?

Awaab's Law is significant new law that requires social landlords to investigate and resolve issues such as damp and mould within strict timeframes - whilst it uses the same framework of Hazards in the HHSRS, it is separate legislation with a person-centred focus

Will I definitely be able to make a claim?

Whilst you may feel that you should be eligible to make a claim, you may in fact not be eligible for various reasons - if you are unsure and you have not been able to resolve your issues with your landlord, you can request a referral to a disrepair solicitor

Regulation

Is Housing regulated?

Yes, Housing is regulated through a combination of legislation, regulatory bodies and standards designed to ensure safe, decent, and affordable housing - the main body is the Regulator of Social Housing

What is the Regulator of Social Housing?

The Regulator of Social Housing, known as RSH or the Regulator, is a public body responsible for regulating registered providers of social housing in England, including councils and housing associations - its regulatory standards set the outcomes that social landlords in England must deliver for tenants

What are 'regulatory judgements'?

The Regulator publishes its views of how well a landlord is delivering the outcomes of its standards, which are known as regulatory judgements

What is the difference between the Regulator and the Housing Ombudsman?

The role of the Housing Ombudsman is to investigate and resolve complaints from residents against social landlords, while the Regulator is the Government agency responsible for the economic and consumer standards of social housing providers - you can read more about their relationship here

What is the Housing Ombudsman?

The Housing Ombudsman Service investigates complaints from residents living in social housing - they can help if your complaint has not been resolved through your landlord’s complaints process

Are housing disrepair solicitors regulated?

Yes, housing disrepair solicitors, also known as a law firms, are regulated by the Solicitors Regulation Authority (or SRA) - find an up-to-date list of regulated solicitors here

Are claims management companies regulated?

Yes, claims management companies, also known as CMCs, are regulated by the Financial Conduct Authority (or FCA) - read more about CMCs here

What is the 'Make things right' campaign?

The ‘Make things right’ campaign was launched by the Government in March 2023 to ensure people living with issues in their social housing know their rights, know how to complain and feel empowered that their voice will be heard - learn more here

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Housing Disrepair Claim Eligibility Check

DISREPAIR AWARE offers tenants and leaseholders a free and no obligation check of their eligibility to make a housing disrepair claim

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