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What is Housing Disrepair?
Housing Disrepair means that your property has a defect or maintenance problem that your landlord is aware of, but has not fixed within a “reasonable” timeframe. The length of a “reasonable” timeframe depends on the defect. For example, a broken boiler or significant structural problem must be sorted out immediately by the landlord. Typically, a damp or mould issue must be investigated and resolved within three months. It depends!
What is a Housing Disrepair claim?
Under Section 11 of the Landlord and Tenant Act 1985, landlords legally have to keep their rental properties “in repair and proper working order”. Landlords who do not maintain their properties, and keep them in repair, are violating the act and also their contractual obligations under the tenancy agreement.
If a tenant has told their landlord about a defect, and the landlord has failed to address it within a “reasonable” timeframe, then that tenant can begin a Housing Disrepair claim against their landlord.
Tenants can do this via specialist Housing Disrepair solicitors, who will seek either an agreement with the landlord or a court order that forces them to make repairs. They will also seek compensation for the tenants who have been living with the defect.
How we can help you:
Housing Disrepair claim FAQs:
The named tenant on the tenancy agreement can make a Housing Disrepair claim. If there are multiple people named on the tenancy agreement, then they must all agree to make a claim together.
However, in certain circumstances you can “assist” the named tenant in making a claim. For example, you can help an elderly relative make a claim if they struggle with using technology. Contact us for more information.
We assess every claim on a case-by-case basis, but should be able to help if your situation meets these criteria:
- You rent from a council or housing association.
- You are the named tenant on the tenancy agreement.
- Your property has a defect / maintenance problem that was not caused by you, or anyone else in the property.
- You have already notified your landlord of the defect.
- Your landlord has failed to make repairs in a reasonable timeframe.
If this sounds like you, then start your Housing Disrepair claim today!
Yes! during a Housing Disrepair claim, the claimant’s solicitors will work out how much compensation is due and seek to arrange a financial settlement with the landlord. The exact amount is calculated using a number of factors, such as how long the tenant has been complaining, and how serious the disrepair is. If we cannot reach an agreement, we can obtain a court order from a judge that outlines the correct level of compensation.
If you are experiencing Housing Disrepair, you should always begin by complaining to your landlord first. Ideally, your landlord will complete the repairs immediately. If you continue to complain, and the landlord does nothing, then you should be able to make a claim via Housing Disrepair solicitors.
No win, no fee is otherwise known as a Conditional Fee Agreement (or CFA for short) between a client and their solicitor. CFAs are designed to help everyone access justice, by letting the public get legal representation without the need to pay upfront fees. If your case is not successful, then you pay nothing!
The Landlord and Tenant Act 1985 is an important piece of legislation which explains the relationship between tenants and landlords. It also explains their obligations to each other.
Importantly, it details that a landlord must keep their property in repair. When the property falls into disrepair, it gives the tenant the legal right to force the landlord to make the repairs needed.
This act was later amended by the Homes (Fitness for Human Habitation) Act 2018, which introduced an additional duty for landlords to make sure their properties are fit for human habitation.
The Housing Ombudsman is a neutral organisation, which investigates complaints from tenants about their landlord’s property management.
A complaint to the Housing Ombudsman isn’t an alternative to making a Housing Disrepair claim. Tenants are legally entitled to seek advice from the Housing Ombudsman and undertake a Housing Disrepair claim at the same time.
Technically, yes. However, in practice it is much harder.
It is difficult for solicitors to support tenants, as their landlords can (and often do) evict them using a no-fault Section 21 eviction. As a result, insurers will not cover private tenants, so solicitors are unlikely to take their cases on.
Whilst there are many more complications to private tenant Housing Disrepair claims – we have successfully dealt with them in the past. If you do want to discuss your situation as a private tenant in disrepair, please get in touch!
Can the Housing Ombudsman and private solicitors co-exist?
June 6, 2025