In legal terms, disrepair usually involves:

• Physical deterioration
• Damage requiring repair
• Failure to maintain something that was previously in good condition

It does not usually include:

• Design defects
• Purely aesthetic issues
• Improvements beyond the original condition

• Roof failure causing water ingress
• Cracked external render allowing damp penetration
• Rotten window frames in communal areas
• Structural cracking
• Persistent lift breakdown due to lack of maintenance

The condition must amount to a failure to comply with a repairing covenant.

In many leasehold cases, the duty to repair arises once the landlord is on notice of the defect. Notice may take various forms, including:

• Written complaint
• Email correspondence
• Maintenance portal submission
• Surveyor report
• Letter before action

Evidence of notice often becomes central to the dispute. It is not uncommon for landlords to argue that they were never properly notified. Maintaining a clear documentary record is therefore critical.

Once notice is given, repairs must be carried out within a reasonable time. What is reasonable depends on:

• The seriousness of the defect
• Health and safety implications
• Whether temporary measures were taken
• Complexity of works
• Availability of contractors

Serious water ingress or structural instability may require urgent action. Failure to act within a reasonable time can amount to breach of covenant.

Leasehold disrepair claims differ from social housing claims in several key respects:

• They are primarily contractual
• The Pre-Action Protocol may apply differently
• Funding structures often differ
• The landlord-tenant relationship is structured by lease

Confusion between the two areas can lead to incorrect procedural steps. It is important to frame the claim correctly from the outset.

Many leaseholders pay substantial annual service charges intended to fund maintenance and repair. Common complaints include:

• Funds collected but works not carried out
• Major works delayed
• Temporary fixes instead of permanent repair
• Disputes between freeholder and managing agent

A disrepair claim is separate from a service charge challenge, although both can arise from the same underlaying facts. Under the Landlord and Tenant Act 1985, service charges must be reasonable and, in certain cases, works properly consulted upon.

Where breach of repairing covenant is established, remedies may include:

• Specific performance: An order requiring the landlord to carry out repairs.
• Injunction: Urgent relief where safety is at risk.
• Damages: Compensation for:
  • Loss of amenity
  • Inconvenience
  • Damage to belongings
  • Financial loss
  Damages are compensatory, not punitive. They reflect proven loss.

Courts recognise that prolonged disrepair can reduce enjoyment of a property. Loss of amenity damages may reflect:

• Living with damp and mould
• Persistent leaks
• Unusable parts of the flat
• Ongoing disruption

Assessment depends on severity and duration.

Leasehold disrepair claims are generally contractual in nature, arising from beach of repairing covenants contained within the lease.

As a result, statutory limitation periods usually apply. In most cases, claims for breach of covenant are subject to a six-year limitation period, although this can vary depending on the wording of the lease and the nature of the obligation relied upon.

Time limits depend on the nature of the claim and when the breach occurred. In continuing disrepair cases, each failure to repair may constitute a continuing breach, but historic losses may become time-barred if not pursued within the relevant limitation period.

Delays in raising a claim can affect recovery. It may restrict the damages available, limit the period for which compensation can be claimed, or weaken evidential prospects.

Therefore, seeking early legal assistance is recommended to protect your position to help avoid limitation difficulties.

Strong evidence is essential. This may include:

• The lease
• Photographs over time
• Complaint history
• Maintenance records
• Surveyor reports
• Expert evidence
• Medical evidence in serious damp cases

A clear chronology is often decisive.

Before issuing proceedings, parties are generally expected to:

• Exchange information
• Clarify issues
• Attempt settlement

The Pre-Action Protocol for Housing Conditions may apply depending on the legal basis of the claim. Failure to follow appropriate pre-action steps can affect costs.

If matters cannot be resolved, proceedings may be issued in the County Court. Claims may seek:

• An order for repairs
• Damages
• Costs

Many claims resolve before trial once liability is established.

Leasehold disrepair disputes can affect:

• Saleability of the flat
• Mortgage lender requirements
• Insurance issues
• Service charge recovery

Early assessment of the lease is often critical to avoiding escalation. Fore more information, read our guide ‘Can Leaseholders Claim Compensation for Disrepair?’.