Disrepair

Under Section 11 of the Landlord and Tenant Act 1985, landlords of residential lettings of less than 7 years must keep the structure and exterior of the property, and installations for water, gas, electricity, sanitation, space heating, and water heating, in repair and proper working order. The duty is triggered once the landlord is given notice of the disrepair. Tenants can claim damages for personal injury, damage to belongings, and loss of enjoyment caused by disrepair. The Homes (Fitness for Human Habitation) Act 2018 adds a parallel duty to keep the property fit throughout the tenancy, covering issues such as damp, mould, and inadequate heating. Tenants in social housing can also report conditions using the Housing Health and Safety Rating System (HHSRS), enforced by the local council's environmental health team.

What it means in practice. The repairing duty is triggered by notice. Until the landlord knows about the problem, time does not start running, so the single most valuable thing you can do is report every defect in writing and keep the record. Once notified, the landlord has a reasonable time to put it right — days for a total loss of heating in winter, longer for a job needing scaffolding. Damages are usually assessed as a proportion of the rent for the period you lost the use or enjoyment of part of your home, plus the cost of ruined belongings and any injury or illness.

A worked example. Sara reports a leaking roof by email in October. Water comes through the bedroom ceiling, the room becomes unusable, and mould spreads down the wall. The landlord does nothing for seven months. Sara keeps her emails, photographs each stage with dates, sees her GP about her worsening asthma, and asks environmental health to inspect. She then claims for the reduced value of the flat over those seven months, replacement of a damaged mattress and clothes, and an order that the roof be repaired. The court can order the work to be done as well as awarding compensation.

Common pitfalls. Reporting by phone and keeping no record is the classic error — landlords deny notice, and without notice the claim collapses. Withholding rent is the second: it does not force repairs, it creates arrears that can found a possession claim, and any set-off has to be handled carefully with advice. A third misconception is that a landlord is liable for anything wrong with the property. Section 11 covers structure, exterior, and the listed installations, and disrepair claims generally require damage or deterioration — which is why the parallel fitness duty matters so much for damp, mould, and cold.

How it relates to other terms. The 2018 Act duty is described in full under fitness for human habitation, and the council enforcement route runs through the HHSRS. In social housing, Awaab's Law imposes fixed timescales for damp and mould. Shared homes bring in HMO management duties, and a landlord who responds to a repair request with harassment or eviction may commit illegal eviction.

What to do next. Follow our housing disrepair guide to put the landlord on notice properly, use landlord repair responsibilities to check the defect is one they must fix, and read mould and damp if that is the issue. Legal aid remains available for disrepair claims where there is a serious risk to health.