Housing Disrepair Claims: A Guide

Defining housing disrepair claims

If you’re living in a rented home that’s cold, draughty, damp, mouldy, leaking or generally unsafe or in poor condition and your landlord isn’t putting things right you may be able to make a housing disrepair claim.

Many tenants and leaseholders across the UK are left living in unacceptable conditions - from persistent leaks and dangerous electrics to infestations or structural problems, these issues aren’t just frustrating, they can be harmful to your health and wellbeing and cause you or family illness and time off work or school.

Worse still, landlords sometimes ignore repeated requests for repairs, leaving residents to suffer in silence.

At DISREPAIR AWARE we believe that everyone deserves a safe and healthy home - that’s why we’ve created this comprehensive and easy-to-follow guide to explain everything you need to know about housing disrepair claims, written in plain English.

Whether you’re in a council home or housing association property we’ll walk you through:

• What counts as a housing disrepair
• What your landlord is legally responsible for
• How to start the claim process
• What compensation you may be entitled to
• How long the claim process takes
• What your support options are
• What your next steps should be

This guide is for tenants and leaseholders who want to take positive action to resolve their housing disrepair issues - before deciding your next steps, you may wish to read more about housing disrepair.

We always encourage residents to talk to their landlord before taking legal action.

Reading Time - About 10 minutes: If you don't have time right now, scroll down to 'Key points'

Understanding housing disrepair

Definition and Legal Responsibilities

A housing disrepair is when a rented property isn’t being kept in a good state of repair and the landlord hasn’t fixed issues they’re legally required to. This covers:

• The structure and exterior of the building (e.g. walls, roof, windows, gutters)
• Installations for heating, water, gas, sanitation, and electricity
• Anything that affects your home’s safety or liveability

Legal duties come from laws like:

• The Landlord and Tenant Act 1985
• The Homes (Fitness for Human Habitation) Act 2018
• The Defective Premises Act 1972
• The Social Housing (Regulation) Act 2023

These require landlords to keep the property safe, healthy and free from serious hazards.

Types of Problems Covered

• Damp and mould (especially if linked to leaks or faulty insulation)
• Broken boilers or heating systems
• Unsafe electrics or plumbing
• Leaks or floods
• Infestations (e.g. rats or cockroaches)
• Roof or window damage
• Rotten flooring or unsafe stairs

Disrepair often builds up over time. But even one serious issue could qualify — especially if it’s harming your health.

💡 Tip: The law on disrepair is complex and is constantly changing and evolving as the attitude of society and lawmakers' shift and governments change, as well as the outcome of Court cases, known as 'case law'.

Who can make a claim

Tenants and Leaseholders

You may be able to claim if you are:

• A council or housing association tenant
• A private tenant
• A leaseholder with landlord responsibilities
• Living in temporary accommodation or supported housing

The key requirement is that your landlord is responsible for repairs, and you’ve reported the issue but they’ve failed to act in a reasonable time.

Disrepair vs. Condensation

Condensation may not be disrepair - for example, condensation caused by high humidity from poor ventilation might be your responsibility, however, if mould is caused by poor insulation, a leak in the roof or pipe or faulty heating or extractor fans, then it likely qualifies as disrepair.

This difference matters when making a claim.

Your rights under the law

As a tenant or leaseholder in the UK, you have the right to live in a property that is safe, secure, and fit for human habitation. The law sets clear responsibilities for landlords — and if they fail to meet these, you have the right to take action.

Landlord’s Repair Obligations

By law, your landlord must:

• Keep the structure and exterior of your home in good repair (e.g. walls, roof, windows, doors)
• Maintain working and safe installations for:
• Water supply
• Heating and hot water
• Gas and electricity
• Sanitation (e.g. toilets, basins, baths)
• Ensure common areas (like hallways or staircases in flats) are kept safe and well-maintained
• Act within a reasonable time once you report a repair issue

Landlords must also respond to urgent hazards - like gas leaks, sewage problems, or no heating in winter - much more quickly.

If your landlord ignores repairs or repeatedly delays them, this could be a breach of contract, and you may be entitled to compensation, known as legal redress.

Fitness for Human Habitation Act 2018

This legislation came into force in 2019 and strengthened tenants’ rights by making it illegal to rent out a property in a condition unfit for living. It applies to:

• Private landlords
• Local councils
• Housing associations

Under this Act, the court can order the landlord to make repairs and/or pay you compensation if:

• There’s significant damp or mould
• The property is cold, dangerous or overcrowded
• There are issues that affect your health and wellbeing

The Act required properties to be habitable at all times during a tenancy for the whole period of the tenancy, regardless of the date that the tenancy started.

Awaab’s Law

Awaab’s Law is a new legal requirement introduced a few years after the death of two‑year‑old Awaab Ishak, who died from prolonged exposure to mould in his social housing home - the law is designed to ensure health and safety hazards are dealt with quickly and properly and applies to:

• Housing associations
• Local councils
• Social landlords

Under this law, social landlords must meet strict legal timeframes to investigate and fix reported hazards such as damp and mould with the intention that no tenant should be left living in unsafe or unhealthy conditions because repairs were ignored or delayed.

Awaab’s Law requires landlords to:

• Investigate hazards (such as damp, mould, leaks or structural risks) within a set number of days
• Carry out repairs within a defined legal timeframe
• Keep residents fully informed about progress and next steps

If a landlord fails to meet these deadlines, they may face:

• Enforcement action from the Regulator of Social Housing
• Legal claims or court orders
• Compensation payments
• Serious reputational damage

Awaab’s Law marks a major shift in the sector as it makes clear that issues affecting health and wellbeing must be treated as urgent and not routine.

First steps - notifying your landlord

Before you can make a housing disrepair claim, you must give your landlord a chance to fix the issue. That means formally reporting the problem and giving them enough time to respond.

This step is essential and if you skip it then your claim could be rejected or delayed in court.

How and When to Report Issues

Report the problem as soon as you notice it. Depending on your agreement, you might need to:

• Email your landlord or letting agent
• Use your online housing portal (for council or housing association)
• Write a letter or log the issue in your tenancy app
• When you report the problem, be as specific as possible:
• Describe the issue clearly (e.g. “water leaking from bathroom ceiling”)
• State how long it’s been happening
• Mention any health impacts (e.g. mould triggering asthma)
• Request that it be repaired within a reasonable time

If it’s urgent (e.g. no heating in winter), clearly state this and ask for immediate action.

💡Tip: Keep good records of all communication. If you speak by phone, follow up in writing (e.g. an email or a letter) confirming what was said or agreed.

Collecting Evidence

Strong evidence can make or break your disrepair claim. Start keeping records from day one.

What to collect:

• Photos/videos of the problem (date-stamped if possible)
• Screenshots or printouts of texts/emails with your landlord
• Medical notes (if the disrepair affects health)
• Repair logs or repair request confirmations
• Receipts for damaged items or extra heating costs

Even if your landlord says they’ll fix it soon, don’t wait to gather evidence. If the problem comes back, you’ll be glad you documented everything.

If your landlord delays or ignores your report, this strengthens your case. Under UK housing law, once an issue is reported, landlords are expected to act within a reasonable timeframe - or face legal consequences.

Gathering Evidence and getting support

Building a strong housing disrepair claim means collecting the right evidence and, where needed, getting help from professionals who can back you up. Courts and solicitors rely heavily on this to assess your case — especially if your landlord disputes your claim.

What Evidence Do You Need?

To support your case, gather as much of the following as possible:

Photographs and Videos

• Clear, dated photos showing the damage (e.g. mould patches, cracked walls, leaks)
• Before-and-after photos if the condition has worsened over time
• Videos to demonstrate issues like leaking pipes or flickering electrics

Communication Records

• Emails, letters, or texts where you reported the issue
• Any replies from your landlord (or proof that they didn’t respond)
• Notes from phone calls, including dates and what was said

Receipts and Costs

• Any out-of-pocket expenses caused by the disrepair, such as:
  • Portable heaters or dehumidifiers
  • Replacing damaged clothes or furniture
  • Medical or transport costs

Medical Evidence

• Letters from your GP, health visitor or specialist confirming how the disrepair has affected your or your family’s health (e.g. asthma, skin irritation, anxiety)

These details are especially important if the claim includes distress, inconvenience or health impacts.

Who Can Help Support Your Claim?

If you’re struggling to gather evidence or your landlord is ignoring you, external support can make a big difference.

Housing Disrepair Surveyors

• Independent professionals who inspect the property and produce a detailed report
• Can assess whether conditions meet legal standards
• Especially useful if your landlord disputes the problem

GP, Health Visitor or Social Worker

• Medical letters or reports showing how the problem has affected your health can strengthen your case - especially with issues like mould, damp, or lack of heating

Environmental Health Officers (EHO)

• You can contact your local council’s EHO team
• They may inspect your home and issue an improvement notice to your landlord
• This notice can also be used as evidence in a legal claim

DISREPAIR AWARE

• We provide free and independent guidance to help you understand your rights
• We can connect you with qualified disrepair surveyors or legal firms if you need help escalating the matter

💡 Tip: You don’t have to do this alone - support is available even if your landlord is ignoring you, intimidating you or actually threatening you.

Compensation: what you can claim for

If your home has fallen into disrepair and your landlord hasn’t acted after being notified, you may be entitled to compensation. This can help cover your losses and reflect the stress or harm the disrepair has caused.

At DISREPAIR AWARE, we believe tenants and leaseholders deserve fair treatment and the proper compensation when their living conditions are unacceptable.

What Does Compensation Cover?

There are several types of compensation in a housing disrepair claim. These may include:

1. General Damages

For inconvenience, discomfort, or disruption to your life caused by the disrepair. This includes:

• Being unable to use certain rooms (e.g. damp bedroom, broken bathroom)
• Having to live in unsafe, cold, or unhygienic conditions
• Loss of sleep, stress, or mental distress
• The amount depends on how badly you were affected and for how long. For example, you might receive:
• 25% of your monthly rent back for every month a room was unusable
• Higher amounts for multiple issues over a long period
• 100% of your monthly rent back for every month your home was uninhabitable if your Claim relies on the Homes Act 2018

2. Special Damages

To cover financial losses caused by the disrepair. For example:

• Damaged belongings (clothes, bedding, furniture)
• Extra heating costs or buying dehumidifiers
• Medical expenses or travel costs related to appointments

💡 Tip: Keep all receipts and photos of damaged items and belongings - paper or email receipts are fine.

3. Personal Injury Compensation

If the disrepair has caused you or your family physical or mental harm, you might be able to claim:

• For breathing problems made worse by mould
• Injuries from trips/falls due to structural issues
• Mental health impacts (e.g. depression, anxiety)

This usually requires medical records or a report from a doctor or specialist.

4. Legal Costs

If your claim is successful, your landlord may be ordered to cover your legal fees, especially if they failed to act or caused delays. Some claims are also eligible for no win, no fee arrangements.

How Much Can You Claim?

It varies. Some tenants receive a few hundred pounds, while others claim thousands, especially if they’ve been living with serious issues for over a year.

Here are some real examples:

• A tenant with a damp flat and unusable bedroom for 12 months claimed £3,000.
• A family affected by recurring black mould received £5,500 including medical costs.
• A Council tenant whose property was deemed to be uninhabitable for many years was awarded £54,664.95 by a Court

Your final amount depends on:

• The severity of the issue
• The duration
• The proof you have
• The impact on your health or quality of life

Funding your housing disrepair claim

If you're worried about the cost of making a housing disrepair claim then you're not alone. Many tenants think they can’t afford legal help or court fees. But the good news is, you may not have to pay anything upfront.

There are several funding options available, including No Win, No Fee arrangements.

No Win, No Fee Agreements

Most disrepair solicitors offer claims under a Conditional Fee Agreement (CFA) - commonly known as "No Win, No Fee". This means:

• You don’t pay anything upfront
• If your case is successful, your solicitor is paid by the landlord (or their insurer)
• If you lose, you usually don’t pay legal fees

However, you may need to take out After The Event (ATE) insurance to cover certain court costs or disbursements (e.g. expert reports). This is often deducted from your compensation, but many firms structure the agreement so you're never out of pocket.

Legal Aid

Legal aid is only available for very serious housing cases, such as:

• Risk of homelessness
• Health hazards, especially involving children
• Serious structural or safety issues

You’ll need to apply through a legal aid provider and eligibility is based on income and the seriousness of the issue.

Small Claims Route

If your claim is worth less than £10,000, you may be directed to the Small Claims Court and you do the following:

• Represent yourself or pay a fixed solicitor fee
• Pay small court fees (which may be recovered if you win)
• Don’t normally recover legal costs

This is often used when seeking modest compensation or repairs, but the process can still feel complex, which is why many tenants and leaseholders turn to DISREPAIR AWARE for help understanding their options.

💡 Tip: Ask your solicitor or advice service to explain all of your funding options clearly, including what could happen if you win or lose.

The Pre-Action Protocol

Before starting a housing disrepair claim in court, you’re required to follow a set of legal steps called the Pre-Action Protocol for Housing Conditions Claims. This process is designed to:

• Encourage landlords and tenants to resolve disputes without going to court
• Ensure both sides understand what’s expected
• Save time, money, and stress

Failing to follow the protocol can result in your case being delayed or even thrown out. So it's important to get it right.

Step 1: The Letter of Claim

The process begins with a formal Letter of Claim sent to your landlord. This letter should include:

• Your name and address
• A full description of the disrepair
• How it’s affected you (e.g. health, belongings, daily life)
• Any costs you’ve incurred
• What action you want (e.g. repairs and/or compensation)
• Copies of relevant evidence (e.g. photos, medical reports, receipts)

You or your solicitor must allow the landlord at least 20 working days to respond. During this time, they should:

• Acknowledge receipt of the letter
• Investigate the disrepair
• Carry out repairs or propose a resolution
• Respond in writing with their position

If your landlord fails to respond or refuses to act reasonably, you can then consider court action.

Step 2: Alternative Dispute Resolution (ADR)

Before heading to court, it’s good practice (and often required) to consider Alternative Dispute Resolution methods like:

• Mediation
• Ombudsman complaints (for social housing)
• Negotiation through a solicitor

ADR can help you resolve the issue faster and more affordably, especially if your landlord is open to discussions.

However, if your landlord is ignoring you or denying responsibility despite clear evidence, court may be the only remaining option.

Taking your case to court

If your landlord doesn’t respond, refuses to carry out repairs, or disputes your claim after following the Pre-Action Protocol, your next step may be to issue court proceedings.

This might sound intimidating, but many tenants have successfully held landlords accountable through the courts - especially with good evidence and legal support.

Issuing a Court Claim

To start a claim, your solicitor (or you, if representing yourself) will need to file:

• A Claim Form (N1) setting out the case
• A Particulars of Claim, describing the disrepair and what you want the court to do
• Copies of your evidence and witness statements

Your case will usually be heard in the County Court. If the value of your claim is less than £10,000, it may be handled as a small claim - which has simpler rules and procedures.

💡 Tip: Many disrepair cases are settled before reaching trial, especially if the evidence is strong and usually this will be in your interest, although your solicitor will be able to give you honest advice about this.

What Happens at the Hearing?

If your case goes to court:

• You (or your solicitor) will explain the disrepair and present your evidence
• The landlord will be asked to respond and may provide their own evidence
• A judge will consider the facts and may:
• Order the landlord to carry out repairs by a set deadline
• Award compensation
• Order the landlord to pay legal costs

You don’t have to appear in person for every hearing and many are resolved at a preliminary stage or agreed in writing.

Courts take housing disrepair seriously, especially when the conditions have impacted your health or safety.

Getting the Repairs Done

If the court orders repairs, the landlord is legally bound to complete them. If they ignore the court’s ruling, you can ask the court to enforce the order through additional legal steps including fines or enforcement action.

After the court case

Winning your housing disrepair case is a big step, but the process doesn’t always end there. You’ll want to ensure that the repairs are completed, compensation is paid and your landlord complies with the court order.

Here’s what to expect after a successful claim and what to do if your landlord fails to follow through.

Enforcing Repairs

If the court orders repairs then your landlord has a legal duty to complete them within a specified timeframe. Make sure you:

• Keep written records of when repairs start and finish
• Take photos of the completed work
• Report any further delays or poor workmanship

If your landlord ignores the court order or fails to carry out proper repairs:

• You or your solicitor can apply to enforce the judgment through the court
• The landlord may face additional penalties or enforcement action
• In extreme cases, they could be reported to regulators or licensing authorities

For social landlords (e.g. councils or housing associations), failure to act could lead to involvement from the Housing Ombudsman or the Regulator of Social Housing.

Enforcing Compensation

If the court awarded you money and your landlord refuses to pay, you can take steps to recover it, such as:

• Warrant of Control (using court bailiffs to recover the amount)
• Attachment of Earnings (if the landlord is an individual)
• Charging Order (against a property they own)

Most landlords will pay once a court order is made, but if they don’t then you have options to enforce it.

💡Tip: Winning a housing disrepair case can feel like a relief, but you’re entitled to full compliance, not just a judgement on paper. Make sure you follow up and don’t hesitate to seek further help if your landlord doesn't do what they have to do.

Losing a Case

If you lose your case, which is possible although very unlikely, or you feel the compensation awarded was too low:

• Speak with your solicitor about whether you can appeal the decision
• Submit an appeal usually within 21 days
• Show that the judge made a legal or factual error, although this can be difficult to do

Timeline for disrepair claims

Understanding how long a housing disrepair claim might take can help you manage expectations and stay informed throughout the process. While every case is different, most follow a similar timeline, from reporting the issue to having the repairs completed and receiving compensation.

Here’s a useful overview of what to expect:

Step-by-Step Timeline

1. Issue Identified

•  You discover a serious issue or issues in your home (e.g. damp, mould, faulty boiler)

2. Landlord Notified

• You report the problem in writing with supporting evidence
• Your landlord is given reasonable time to respond (usually 14–21 days)

3. Evidence Collected

• You gather photographs, communication records, medical reports and expenses

4. Letter of Claim Sent

• Your solicitor (or you) sends a formal Letter of Claim to trigger the Pre-Action Protocol
• Your landlord has 20 working days to respond

5. Response & Resolution Attempt

• Your landlord may:
  • admit the issue and propose repairs
  • deny the issue
  • fail to respond

6. Repairs Completed or Settlement Agreed

• In many cases, repairs are completed and compensation is paid without court action
• Timeline: 4-8 weeks from letter of claim (if settled early)

7. Court Proceedings (if unresolved)

• If landlord refuses or delays, a claim is issued at court
• Both sides submit evidence and statements
• Timeline: 3-9 months from issue to hearing

8. Court Judgement

• A Court may order:
  • repairs within a fixed time
  • compensation to be paid
  • Landlord to cover your legal costs

9. Follow-Up & Enforcement (if needed)

• If your landlord doesn’t comply then enforcement action can be taken

Total Time Estimate

• Simple claim with early settlement: 1-3 months
• Typical claim with negotiations: 3-6 months
• Complex or full court claim: 6-12 months

The more evidence you have and the earlier you act then the faster your case can progress. If Courts are busy then claims can take longer to be heard and resolved.

Tips to strengthen your case

Whether you’re just starting out or are already speaking to a solicitor, there are simple but powerful steps you can take to improve your chances of a successful housing disrepair claim.

These practical tips can make a huge difference, especially when landlords deny issues or try to shift blame to their tenants or leaseholders or even third parties.

1. Document Everything from Day One

Start collecting evidence as soon as you notice a problem. Don’t wait for things to get worse. This evidence could include:

• Photographs and videos (clearly showing the problem, ideally with a date)
• Written logs (noting when the issue started and any changes)
• Copies of all emails or messages (to and from your landlord)

The more proof you have, the harder it is for the landlord to deny or delay action.

2. Follow Up Every Conversation in Writing

If you report a repair by phone or in person, always follow it up with an email or letter. For example:

“Further to our phone call on 5th of June, I am writing to confirm that the bathroom ceiling is still leaking and needs urgent repair. Please find attached photos of the issue and the damage it has caused.”

This creates a clear timeline and will avoid disputes about what was said or agreed.

3. Track Your Costs and Expenses

Keep a folder or digital file for:

• Receipts for items damaged by leaks or damp
• Heating or electricity bills or equipment bought to stay warm
• Travel costs to doctors or appointments
• Medical letters or prescriptions (if your health is affected)
• Invoices for hotel stays
• Fuel receipts

These details can help calculate special damages (compensation for financial loss).

💡Tip: Keep all your evidence and communication in one folder or email thread. This makes it much easier to hand over your case to a solicitor or advice service if needed

4. Don’t Accept Partial Repairs Without a Record

Some landlords may patch things up without fixing the root cause. Always:

• Ask for confirmation in writing of what’s been repaired
• Photograph the area before and after
• Keep an eye out for the problem returning

If the issue reappears, your evidence shows a pattern of neglect.

5. Get Independent Advice Early

If your landlord isn’t responding then you can contact:

• Environmental Health for help and support unsafe or unhealthy conditions
• DISREPAIR AWARE for a FREE Housing Disrepair Claim Eligibility Check
• A disrepair solicitor for advice and support

You don’t have to wait until things get worse - acting early often leads to better outcomes and puts pressure on the landlord to take you seriously.

✅ If your living conditions are making your home unsafe or harming your health, DISREPAIR AWARE's panel of disrepair solicitors can help you understand if this law applies to your situation and how much compensation you may be entitled to, as well as guiding you through the legal claim process and helping you to get the justice you deserve.

 

Key points

If you're living with housing disrepair, it's important to know your rights and take the right action at the right time to protect yourself and your family.

Here's a quick summary of the most important points:

• You have a legal right to live in a safe and well-maintained home and landlords are responsible for key repairs to the structure, heating, electrics and drainage
• Disrepair is a broad term that includes issues like damp, mould, leaks, pests and faulty boilers, especially when they affect your health or make part of your home unusable
• Always report the problem in writing, keep records of communication and take photographs or videos to build a strong case
• You are entitled to compensation for distress, inconvenience, damage to belongings, health issues and financial costs caused by disrepair issues
• 'No Win, No Fee' legal help is available and many disrepair issues are resolved without going to Court
• Following the Disrepair Protocol is essential before issuing legal proceedings
• DISREPAIR AWARE offers free guidance and also referrals to trusted solicitors and surveyors who understand housing disrepair law

 

Final thoughts

A housing disrepair claim is a legal way to hold your landlord accountable and seek the repairs, compensation, or justice you deserve.

Whether you rent from the council, a housing association, or a private landlord, the law is clear that you have the right to live in a safe and healthy home.

Living in a home with damp, mould, leaks, or broken heating can be exhausting, distressing, and even dangerous, but you don’t have to suffer in silence or deal with the issues alone.

Before deciding your next steps, you may wish to read more about housing disrepair.

DISREPAIR AWARE can help

We understand how overwhelming it can feel when you're stuck in a home that’s cold, damp, mouldy or unsafe, especially when your landlord isn’t listening or doesn't seem to care.

That’s why we’re here to help tenants and leaseholders be aware of their rights, take action and find the right support to get the repairs and resolution they deserve.

 

1. Free information you can trust

We provide:

• Plain English information on what qualifies as disrepair
• Step-by-step guidance on how to report issues and gather evidence
• Free information on legal options, timelines and what to expect
• Clear explanations of your rights under housing law
• Up to date news on housing disrepair rights and legislation

Whether you live in a council property or housing association home, we’re here to help you understand your situation and what to do next.

 

2. Free referrals to qualified professionals

If you need further support, we can connect you with or signpost you to trusted professionals, including:

• Specialist housing disrepair solicitors to handle the legal claim process for you
• Experienced housing disrepair surveyors to assess and document the issues in your home
• Tenant advocacy services and health services where appropriate

Our legal and technical referral partners are regulated, reputable and focused on fair outcomes, not just fast claims.

 

3. Free signposting for social and private tenants

If you're in any of the following situations, you have rights, and we’re here to help you stand up for them:

• council home
• housing association property
• temporary or supported housing arrangement

✅ Whilst we always encourage tenants and leaseholders to talk to their landlord before taking legal action, if you think your home is unsafe and your landlord is ignoring you then DISREPAIR AWARE can make an urgent referral to a solicitor that can help