Housing Disrepair: Your Options

Housing disrepair covers any failure by the landlord to repair items they are legally obliged to maintain. Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep in repair:

• The structure and exterior of the property — roof, walls, foundations, windows, external doors
• Installations for water, gas, and electricity supply and sanitation
• Installations for space heating and water heating

The Homes (Fitness for Human Habitation) Act 2018 extends this to any conditions that make the property unfit to live in under the Housing Health and Safety Rating System (HHSRS). Category 1 hazards — the most serious — include structural collapse, fire, damp and mould, excess cold, falls, electrical hazards, and carbon monoxide.

Disrepair does not include damage caused by the tenant, normal wear and tear, or items the landlord has no legal obligation to maintain (such as tenant's own appliances).

Before pursuing a formal legal claim, you must take certain steps — and these steps are also important evidence in any subsequent claim:

• Report in writing: Notify your landlord of the disrepair in writing with photographs. The landlord's repair duty begins when they are given notice of the problem.
• Give a reasonable time to repair: 14–28 days for most repairs; 24 hours for urgent safety issues.
• Follow up in writing: If the landlord does not respond or fails to carry out the repair, send a formal letter before action.
• Contact environmental health: Your local council's environmental health team can inspect the property and issue formal notices. This creates an independent record of the disrepair.
• Document the impact: Keep a diary of how the disrepair affects your daily life, any health impacts (with GP letters or medical records), and any damage to your belongings (with photographs and replacement cost evidence).

If your landlord fails to carry out repairs after reasonable notice, you can pursue a claim through the county court. A housing disrepair claim can seek:

• An injunction: A court order requiring the landlord to carry out specific repairs within a set timeframe. This is often the most valuable remedy if the repairs are not yet done.
• Damages: Financial compensation for the period of disrepair. This typically includes a percentage reduction in rent for the period affected (reflecting that you have been receiving a reduced service), plus any direct financial loss such as damaged property, medical treatment costs, or alternative accommodation costs.

Many housing disrepair solicitors offer conditional fee agreements (no-win, no-fee) for strong cases. The claim must be brought within 6 years of when the cause of action arose (i.e., when the landlord failed to repair after notification).

If you live in social housing (council or housing association), the same legal framework applies — but you also have access to the Housing Ombudsman Service (separate from the LGSCO) after exhausting your landlord's internal complaints process.

Awaab's Law (Social Housing Regulation Act 2023) has introduced mandatory timescales for social landlords:

• 14 days to investigate any hazard
• A further 7 days to begin repairs
• 24-hour response to emergency hazards

If your social landlord fails to meet these timescales, you can complain to the Housing Ombudsman. The ombudsman can award compensation, order apologies, and require systemic improvements. The Housing Ombudsman is separate from the Local Government and Social Care Ombudsman (LGSCO) — for housing associations use the Housing Ombudsman; for councils either can apply depending on the nature of the complaint.