Housing Disrepair: A Guide

Defining housing disrepair

Housing disrepair refers to a situation where a rented property is not being properly maintained by the landlord or responsible party, resulting in it becoming unsafe or unfit to live in.

It can also refer to external and communal maintenance issues that are affecting rented and leasehold properties.

In legal terms, disrepair occurs when a landlord fails to fix issues that fall under their responsibility, especially those affecting the structure, safety or sanitation of the home.

Common examples of housing disrepair include:

• Damp and mould, often due to leaks or poor ventilation
• Broken heating systems during cold months
• Unsafe electrics or exposed wiring
• Leaking roofs or plumbing
• Pest infestations, such as rats or cockroaches
• Cracks in walls, loose tiles or rotting window frames

Not all faults are disrepair - general wear and tear or condensation caused by a tenant's lifestyle (e.g. drying clothes indoors) may not qualify unless linked to poor building conditions.

This guide is for tenants and leaseholders who want to better understand housing disrepair, as well as registered providers and private landlords - unresolved issues can eventually lead to residents making a housing disrepair claim.

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

Reading Time - About 5 minutes: If you don't have time right now, scroll down to 'Key points'

 

Common causes of disrepair

Disrepair often builds up over time and can result from:

• Ageing infrastructure (e.g. old pipework or faulty boilers)
• Water leaks or damaged roofing
• Poor ventilation leading to condensation and black mould
• Neglected maintenance from landlords or housing providers

Understanding the root cause of an issue is key to deciding if it qualifies as disrepair.

Example: Whilst a mould problem due to rising damp would be the landlord’s responsibility, mould growth resulting from failing to use extractor fans, opening windows or trickle vents may not be.

Who does disrepair affect?

Disrepair can affect anyone living in rented accommodation, including:

• Council or housing association tenants
• Private tenants
• Leaseholders with repairing obligations
• Registered social housing providers and landlords

For tenants and leaseholders, disrepair means living in uncomfortable and often unsafe conditions.

For landlords and providers, failing to address disrepair can lead to:

• Legal claims
• Ombudsman enquiries
• Regulatory action
• Reputational damage
• Additional legal and repair costs

Legal duties and housing standards

Landlords have legal obligations under:

• The Landlord and Tenant Act 1985
• The Homes (Fitness for Human Habitation) Act 2018
• The Housing Health and Safety Rating System (HHSRS)

These laws require homes to be kept in a reasonable state of repair, free from serious hazards and suitable for occupation.

The Decent Homes Standard, applied to council and housing association homes, sets additional expectations, including a modern kitchen, adequate insulation and safe wiring.

How disrepair affects health and safety

Housing disrepair is not just inconvenient, it can also be dangerous.

Exposure to damp and mould can trigger asthma, infections, and serious respiratory illness, particularly in children and vulnerable adults.

The case of Awaab Ishak, a two-year-old who died in a mould-ridden housing association flat in Rochdale, led to widespread calls for reform and stricter landlord enforcement.

Looking out for disrepair

To prevent serious issues, both tenants and landlords should look out for:

• Persistent damp smells
• Mould patches on walls or ceilings
  
• Leaks, drips, or condensation
• Excess cold or heat

 

Reporting disrepair

Tenants should report problems in writing, with photos, dates and details.

Landlords are expected to act within a reasonable timeframe, especially where health is at risk.

 

What landlords and providers should do

To prevent disrepair, landlords and housing providers should:

• Carry out regular inspections
• Maintain a repairs log and maintenance schedule
• Respond swiftly to tenant concerns
• Educate tenants on ventilation and reducing humidity

T o resolve disrepair, landlords and housing providers should:

• Investigate the issue promptly
• Arrange repairs or surveys
• Communicate clearly and consistently
• Keep records of all surveys, works and contact

Taking a proactive approach, especially with preventative instead of responsive maintenance, reduces long-term repair costs and improves tenant satisfaction, safety and well-being.

 

What tenants and leaseholders should do

Tenants and leaseholders should:

• Report the issue in writing
• Keep evidence (photos, emails, receipts)
• Contact their local Environmental Health service if there's no action
• Seek support from services like Shelter, Citizen's Advice, the Housing Ombudsman Service and Law Centres 
• Allow reasonable access to their landlord and their agents and contractors for inspections and also works

 

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 loved ones.

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

• Housing disrepair is when homes are not properly maintained
• It includes damp, mould, leaks, faulty heating and unsafe structures
• Landlords have a legal duty to fix disrepair issues within a reasonable time
• Disrepair can lead to serious health risks, especially for vulnerable people
• Both tenants and landlords have responsibilities in preventing and resolving disrepair, as well as engaging with each other to resolve issues and disputes
• Unresolved housing disrepair issues can quickly escalate to legal action
• DISREPAIR AWARE offers free guidance and also referrals to trusted solicitors and surveyors who understand housing disrepair law

Final thoughts

Housing disrepair is more than repairing leaks and cracks, it’s about protecting the health, safety and dignity of everyone living in rented and leased homes.

Understanding your legal rights and obligations is essential whether you’re a tenant, leaseholder or landlord.

If you’re unsure whether something counts as disrepair or need help knowing what to do next then you can use the information and resources provided on this website to guide your next steps

If necessary, you may need to consider making a housing disrepair claim.

How can DISREPAIR AWARE 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.

We're here to help tenants and leaseholders be aware of their rights, take action and find the right support to get their repairs fixed and their issues resolved.

 

1. Free information you can trust

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 with:

• 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

 

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 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

✅ We always encourage tenants and leaseholders to talk to their landlord before taking legal action, however, if you think your home is unsafe and your landlord is ignoring you then we can make an urgent referral to a regulated and vetted housing disrepair solicitor that can help