Housing disrepair is a legal term referring to a property being in a state of neglect or damage, where the landlord has failed to uphold their obligations to maintain it in a safe and habitable condition. For council and housing association tenants, this can be especially problematic, as they often rely on their landlord (usually the local authority or a social housing provider) to ensure their home meets basic living standards.
In this guide, our housing disrepair team explains what housing disrepair is, a tenant’s rights, the legal responsibilities of social landlords, common types of disrepair, and what steps you can take if your home is not being properly maintained.
What is Meant by Housing Disrepair?
Housing disrepair occurs when a rented home deteriorates due to neglect, damage, or lack of maintenance. It can include issues affecting the building’s structure, the internal systems (such as heating and plumbing), or anything that makes the property unsafe or unsuitable for living.
Under English law, landlords are legally obliged to ensure that rental properties are kept in good repair. If they fail to do so and the tenant suffers as a result, they may be liable for compensation and can be compelled to carry out repairs.
What Does the Law Say?
Two key pieces of legislation protect tenants from living in poorly maintained homes:
1. Section 11 of the Landlord and Tenant Act 1985
This section sets out the landlord’s duty to:
- Keep the structure and exterior of the property in repair (e.g., walls, roof, windows, doors)
- Maintain installations for water, gas, electricity, sanitation, heating, and hot water
- Ensure that communal areas are safe and in good repair (for flats)
These obligations exist whether or not they are written into the tenancy agreement.
2. Homes (Fitness for Human Habitation) Act 2018
This Act amended the Landlord and Tenant Act and requires rented homes to be “fit for human habitation”. It considers factors like:
- Damp and mould growth
- Stability and structural integrity
- Natural lighting and ventilation
- Water supply and sanitation
- Electrical safety
Even if there is no visible damage, the property may be unfit for human habitation if it poses a serious risk to the tenant’s health or safety. Read our previous article, ‘How Does Housing Disrepair Affect Your Health and What Can You Do?’
Who is Responsible for Repairs?
In council and housing association properties, the landlord (usually the local council or a registered social landlord) is responsible for most major repairs. This includes:
- Leaking roofs or guttering
- Faulty boilers or central heating
- Dangerous or broken electrics
- Mould caused by structural issues
- Rotten windows or doors
Tenants are typically responsible for:
- Reporting problems as soon as they arise
- Keeping the property clean and ventilated
- Carrying out minor maintenance, like changing light bulbs or batteries in smoke alarms
The landlord cannot pass on repair responsibilities to the tenant for items covered by Section 11.
What Are the Common Types of Disrepair?
Some of the most common problems reported by tenants include:
- Damp and Mould: Can be caused by leaks, poor insulation, or a lack of ventilation. Often affects health, especially for children or those with respiratory conditions.
- Leaks and Water Damage: From roofs, pipes, or windows, leading to ceiling damage, wall cracks, and mould growth.
- Faulty Heating: Lack of working radiators or boilers, especially during winter, can make a home uninhabitable.
- Electrical Issues: Exposed wiring, broken sockets, or power outages pose a serious safety risk.
- Structural Problems: Cracks in walls, collapsing ceilings, or unsafe staircases can be dangerous.
- Infestations: Rodents or insects due to poor maintenance or structural gaps in the building.
How Do You Report Disrepair to Your Landlord?
Tenants wanting to report a disrepair issue to their landlord should start with the following steps:
- Report in Writing: Always report the disrepair in writing (via email, online portal, or letter) and keep copies. Include photos and dates.
- Be Specific: Describe the problem, where it is located, and how long it has been occurring.
- Request a Response Time: Ask the landlord to confirm when repairs will be carried out.
- Follow Up: If they do not respond or act, follow up to request an update.
Most councils and housing associations have a complaints process and should deal with disrepair promptly.
What is a Reasonable Time for Repairs?
There are no strict legal definitions, but the time for repairs should be reasonable, depending on the issue. For example:
- Emergency repairs: Dangerous situations, such as a gas leak or a heating failure in winter, should be addressed within 24-48 hours.
- Urgent repairs: Issues requiring urgent repairs, such as a leaking roof, damp, mould, or broken windows, should be addressed within 7-14 days.
- Routine repairs: Non-urgent or non-dangerous situations, such as minor plumbing or decorating issues, should be addressed within 28 days.
If your landlord fails to act within a reasonable time after being notified, you may have a legal claim.
What Can You Do If Repairs Are Not Carried Out?
If your landlord fails to deal with serious disrepair, you have several options:
- Make a Formal Complaint: Follow your landlord’s complaints procedure. You may also complain to the Housing Ombudsman.
- Contact Your Local Council: Environmental Health can inspect the property and issue enforcement notices under the Housing Health and Safety Rating System (HHSRS).
- Take Legal Action: You can instruct solicitors who specialise in housing disrepair to bring a claim for:
- An order forcing the landlord to carry out repairs.
- Compensation for inconvenience, health effects, and damage to belongings.
- Recovery of legal costs (usually covered under a conditional fee agreement).
Can You Claim Compensation?
Yes. If your landlord has failed to carry out repairs, you may be entitled to:
- General damages – for inconvenience, distress, or loss of enjoyment of your home.
- Special damages – for damaged personal items, extra heating costs, and medical expenses.
- Rent reduction – where part of the property was unusable (based on a % of your rent).
Each case is different, and the amount will depend on the severity and duration of the disrepair.
Case Example: Mould and Leaks in a Council Property
A tenant in a council property in Lewisham reported mould and leaks in her bathroom and kitchen. Despite multiple complaints over two years, the landlord failed to act. With help from a housing disrepair solicitor, she:
- Brought a legal claim
- Secured court-ordered repairs
- Received compensation of over £8,000
This is just one of many examples of tenants successfully enforcing their rights.
Read more about this case example here: ‘Housing Disrepair Case Study: Lewisham Tenant Wins £8,000 Compensation’.
You Don’t Need to Suffer in Silence
Every tenant has the right to live in a safe, warm, and habitable home. If your landlord is failing to meet their obligations, it is important to act. Housing disrepair solicitors can help you navigate the process and secure the repairs and compensation you deserve.
Are You Facing Similar Problems in Council or Housing Association Property?
If you’re living in a council or housing association property with serious repair issues, MJV Solicitors can help you. Our housing disrepair solicitors can help you:
- Get expert evidence
- Make a successful claim
- Ensure your landlord carries out repairs
- Claim on a no-win, no-fee basis
For related information, read: ‘How to Gather Evidence for a Housing Disrepair Claim’.
We specialise in housing disrepair claims and offer free initial advice. Contact us today to find out if you could make a claim.
Get in Touch Now for a Free Case Assessment
- Call us on 01253 858231
- Message us on WhatsApp or Facebook
- Visit our website for more information about how to start your claim for Housing Disrepair
Read about some of our other successful disrepair claims, and how we helped:
Leaks, Damp and Mould in Council Flat: How We Helped a Croydon Tenant Claim Over £14,000
A Leak Ruined the Kitchen of This Newham Council House — But We Helped the Tenant Claim Over £8,600.
