Housing Disrepair Claims: Getting Your Landlord to Fix Problems

Under Section 11 of the Landlord and Tenant Act 1985, your landlord is responsible for keeping in repair:

• The structure and exterior of the property (roof, walls, windows, external doors, guttering, drains)
• Installations for the supply of water, gas, electricity, and sanitation (basins, sinks, baths, toilets)
• Installations for space heating and water heating

This obligation applies to most tenancies of less than 7 years and cannot be contracted out of — a clause in your tenancy agreement saying "the tenant is responsible for all repairs" does not override the landlord's statutory duties.

Additionally, the Homes (Fitness for Human Habitation) Act 2018 requires that rented properties are fit for human habitation throughout the tenancy. This covers a broad range of issues including damp and mould, inadequate heating, pest infestations, lack of natural light, unsafe electrical installations, and inadequate ventilation.

The landlord is only responsible for repairs they know about (or ought to know about). This is why it is essential to report problems in writing — until you notify the landlord, the clock does not start running on their obligation to fix it.

Common disrepair issues that your landlord is responsible for include:

• Damp and mould: Penetrating damp (coming through walls or roof), rising damp, and condensation damp caused by structural issues (inadequate ventilation, missing extractor fans, poor insulation). Note: condensation caused solely by tenant lifestyle (not opening windows, drying clothes indoors without ventilation) may not be the landlord's responsibility.
• Heating failures: Broken boilers, radiators that do not work, no hot water supply.
• Roof leaks: Water ingress through a damaged roof, including problems with guttering, flashing, or tiles.
• Plumbing issues: Blocked drains, leaking pipes, faulty toilets, no running water.
• Electrical problems: Faulty wiring, broken sockets, electrical hazards. Note: the landlord must ensure electrical installations are inspected every 5 years (Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020).
• Structural damage: Cracks in walls, subsidence, damaged windows or doors, rotting window frames.
• Pest infestations: Rats, mice, cockroaches, bed bugs — particularly where caused by structural issues (holes in walls, gaps in doors).

Follow this process to create a clear evidence trail:

1. Report in writing: Send an email or letter to your landlord (and managing agent if applicable) describing the problem. Be specific: what is wrong, which room, when you first noticed it, and how it is affecting you. Keep a copy of everything you send.
2. Take photographs and video: Document the disrepair with dated photos and video. Include close-ups and wider shots showing the location. If the problem is getting worse, take photos regularly to show deterioration.
3. Set a reasonable deadline: Ask the landlord to respond within 14 days and to carry out repairs within a reasonable time. What is "reasonable" depends on urgency — no heating in winter should be treated as an emergency (24–48 hours), while cosmetic issues might allow several weeks.
4. Follow up: If the landlord does not respond, send a follow-up email referencing your original report. Each follow-up strengthens your evidence that the landlord was aware and failed to act.
5. Keep a diary: Note how the disrepair affects your daily life — inability to use a room, health effects, damage to belongings, disrupted sleep. This is relevant if you later claim compensation.

If your landlord does not respond to your complaints or fails to carry out repairs within a reasonable time, you can contact your local council's Environmental Health department.

The council has powers under the Housing Act 2004 to:

• Inspect the property using the Housing Health and Safety Rating System (HHSRS), which assesses hazards in the home
• Issue an improvement notice requiring the landlord to carry out specific works within a set timeframe
• Issue an emergency remedial action notice for hazards that pose an immediate risk to health
• Carry out works in default if the landlord fails to comply, and charge the landlord for the cost
• Issue a prohibition order preventing the property from being used until hazards are removed

Council involvement also triggers retaliatory eviction protection — if the council serves an improvement notice or emergency action, the landlord cannot use Section 21 to evict you for 6 months.

Contact your local council and ask for the Environmental Health or Private Sector Housing team. The inspection and enforcement service is free.

If your landlord still refuses to act, you have several legal options:

County court claim: You can bring a claim for breach of the landlord's repairing obligations (under s.11 of the Landlord and Tenant Act 1985 or the Homes Act 2018). The court can order:

• An order for specific performance: Requiring the landlord to carry out the repairs
• Damages for discomfort and inconvenience: Compensation for the period you lived with the disrepair, typically calculated as a percentage reduction of the rent (ranging from 15% to 50% depending on the severity)
• Damages for personal injury: If the disrepair caused health problems (respiratory issues from damp, injuries from structural hazards)
• Damages for damage to belongings: If your possessions were damaged (water damage to furniture, mould on clothing)

Legal aid: Housing disrepair claims may be eligible for legal aid if you are on a low income. Many housing solicitors also operate on a "no win, no fee" basis for disrepair claims.

Rent repayment orders: In certain circumstances (particularly where the landlord has been convicted of a housing offence), you can apply to the First-tier Tribunal for a rent repayment order requiring the landlord to repay up to 12 months' rent.

This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.

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