Tenants living in council or housing association homes have a legal right to expect that their property is maintained in a safe, secure, and liveable condition. But what exactly is your landlord responsible for repairing, and what falls outside their obligations?
In follow-up to our last blog, ‘What Makes a Property Unfit for Human Habitation?’, our Housing Disrepair team explains what the law says about who is responsible for repairs, what areas must be maintained by social landlords, and what tenants can do if repairs are not being completed properly or on time.
What Does the Law Say About a Landlord’s Obligations?
The Legal Framework
Two primary laws outline the obligations of landlords in council or housing association tenancies:
This key legislation requires landlords 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
- Keep communal areas (in blocks of flats or shared buildings) in good repair and safe condition
These duties apply automatically to all tenancies lasting less than seven years — including nearly all council and housing association tenancies — even if they’re not written into the tenancy agreement.
This law requires landlords to ensure that the property is fit for human habitation at the start of the tenancy and throughout. It covers issues such as:
- Damp and mould
- Ventilation
- Natural lighting
- Water supply
- Structural integrity
- Electrical safety
A property that is hazardous to the tenant’s health may be deemed legally unfit, even if no physical damage is visible. Read our article, ‘How Does Housing Disrepair Affect Your Health and What Can You Do?’, for more information.
What Must the Landlord Repair?
Council and housing association landlords are generally responsible for repairing the following:
1. Structural and External Parts
- Roofs, gutters, and downpipes
- Exterior walls and render
- Windows, external doors, and frames
- Chimneys and drains
2. Installations Inside the Property
- Water supply (taps, pipes, tanks)
- Gas supply and boilers
- Electrical wiring, sockets, and fuse boxes
- Heating systems (radiators, thermostats)
- Hot water systems
- Sanitary fittings (toilets, basins, baths, showers)
3. Communal Areas (in flats or maisonettes)
- Staircases and landings
- Entry systems and communal lighting
- Shared gardens or pathways
- Lifts and bin stores
Landlords are also expected to repair any damage they cause while carrying out works or inspections.
What Are Tenants Responsible For?
Tenants must take reasonable care of the property and carry out minor maintenance, such as:
- Replacing lightbulbs and smoke alarm batteries
- Keeping the property clean and ventilated
- Reporting repair issues promptly
- Avoiding damage through neglect or misuse
You are not responsible for fixing structural issues, major leaks, heating breakdowns, or electrical faults caused by age or wear and tear.
What About Damp and Mould?
This is one of the most common areas of dispute. If mould is caused by structural problems (such as leaks or poor insulation), the landlord is responsible. However, if it’s due to lifestyle (like not opening windows or drying clothes indoors), they may argue it’s the tenant’s duty to manage.
Still, most councils and housing associations have policies to inspect and assist with mould, and a specialist solicitor can assess whether the landlord is liable.
How Quickly Should Repairs Be Done?
While there are no strict legal definitions, the law says repairs must be completed in a “reasonable time,” which depends on the urgency and impact. Typical timeframes are:
- 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.
Landlords should acknowledge your report quickly and provide a target date for resolution.
What if the Landlord Doesn’t Carry Out Repairs?
If you have reported the issue and waited a reasonable time with no response or action, you can:
1. Make a formal complaint, which can be done through the landlord’s complaints process.
2. Complain to the Housing Ombudsman if you’re dissatisfied with the landlord’s handling.
3. Report serious hazards to the local council’s Environmental Health team.
4. Take legal action by instructing solicitors who specialise in housing disrepair to get repairs done and claim compensation.
Can I Claim Compensation?
Yes, if your landlord fails to carry out necessary repairs, and it affects your health, safety, or enjoyment of your home, you may be able to claim compensation for:
- Inconvenience and discomfort
- Damage to personal possessions
- Health impacts
- Rent reduction for unusable parts of your home
Compensation is usually based on the percentage of rent attributable to the loss of use or enjoyment of your home.
Case Study: Heating and Damp Ignored in Council Flat
A tenant in a council flat in Southwark reported that her boiler had failed and her walls were covered in damp patches. She raised the issue multiple times, but no repairs were done for over 10 months. With help from housing disrepair solicitors, she received:
- £6,250 in compensation
- Full repair works carried out
- All legal costs covered by the landlord
Read about some of our other case studies here:
- Leaks, Damp and Mould in Council Flat: How We Helped a Croydon Tenant Claim Over £14,000
- Housing Disrepair Case Study: Lewisham Tenant Wins £8,000 Compensation
- A Leak Ruined the Kitchen of This Newham Council House — But We Helped the Tenant Claim Over £8,600
Final Tips for Tenants and How to Strengthen Your Claim
If you’re dealing with unfit conditions, a few practical steps can make a big difference:
- Keep evidence – Take clear, dated photos and videos.
- Report issues in writing – Emails and online portals create a reliable record.
- Keep a log – document all of your communications
- Seek medical advice – If your health is affected, GP records can be crucial.
- Get legal advice early – If the landlord does not respond, a specialist housing disrepair solicitor can assess your case properly
Read our blog, ‘How to Gather Evidence for a Housing Disrepair Claim’, for more information.
Need Help with Disrepair Issues?
If your council or housing association landlord isn’t carrying out essential repairs, you don’t have to face it alone. MJV Solicitors specialises in helping tenants bring successful housing disrepair claims and get the repairs and compensation they deserve.
Get in Touch Now for a Free Case Assessment
At MJV Solicitors, we help tenants take action when landlords fail to maintain safe and healthy properties. If you or a loved one’s health is being affected by disrepair, contact us today for specialist advice and support.
- Call us on 01253 858231
- Visit our website for more information about how to start your claim for Housing Disrepair
This article is for general information and does not constitute legal advice.
