Housing Disrepair Claims for Tenants

A safe and habitable home is your right

A home that is damp, mouldy, cold or unsafe affects your health, your belongings and your everyday life. Landlords in England and Wales, whether private or social, have legal duties to keep rented homes in repair and fit to live in. Where those duties are ignored, tenants can compel repairs and claim compensation. We help tenants enforce these rights firmly but proportionately.

The landlord’s repairing obligation

Section 11 of the Landlord and Tenant Act 1985 implies into most residential tenancies an obligation on the landlord to keep in repair the structure and exterior of the dwelling, including walls, roof, windows, drains, gutters and external pipes, and to keep in proper working order the installations for the supply of water, gas and electricity, for sanitation, and for space heating and heating water. These obligations apply regardless of what the tenancy agreement says and generally cannot be contracted out of. The duty usually arises once the landlord has notice of the defect, which is why reporting problems in writing matters.

Fitness for human habitation

The Homes (Fitness for Human Habitation) Act 2018 strengthened tenants’ rights by implying a term into most tenancies that the property must be fit for human habitation when let and kept that way throughout. Where a home is unfit, a tenant can take the landlord to court directly rather than relying on the local authority. Fitness is assessed by reference to matters such as damp, ventilation, stability, drainage, water supply and freedom from serious hazards under the Housing Health and Safety Rating System. Persistent condensation damp and mould, dangerous wiring or a lack of adequate heating are common examples of conditions that can render a home unfit.

Before a claim: notice and the protocol

Most disrepair claims require that the landlord was told about the problem and given a reasonable opportunity to fix it. We help you put the disrepair on record and then follow the Pre-Action Protocol for Housing Conditions Claims, which sets out the steps the parties should take before court. This usually involves a detailed letter of claim, disclosure of relevant documents and, frequently, a joint inspection by a surveyor. Many cases are resolved at this stage, with the landlord agreeing to carry out works and pay compensation.

Going to court

If repairs are still not carried out, or fair compensation is refused, we issue a claim. The court can order the landlord to complete specified works within a set time and can award damages for the period you have lived with the disrepair. Damages typically reflect the reduced enjoyment or value of the home, damage to possessions and any harm to health, and the figure depends on how serious and prolonged the problems have been.

Funding and support

We understand that worrying about cost should not stop you from getting your home repaired. We explain the options clearly, with funding options including fixed fees where appropriate, so you can make an informed choice. If you are living with disrepair, contact us for an assessment of your claim.