What is the time limit for a housing disrepair claim?
You usually have six years to bring a housing disrepair claim for breach of your tenancy agreement, under section 5 of the Limitation Act 1980. If the disrepair also harmed your health, the personal injury part has a shorter three-year limit under section 11. Disrepair is often treated as a continuing breach, so the six-year period can keep running while the problem stays unfixed.
Want this checked for your situation? Call 0800 030 4669, free.
Key facts
- Six years to claim for the disrepair itself (a breach of your tenancy agreement), under section 5 of the Limitation Act 1980.
- Three years for any personal injury the disrepair caused, such as ill health linked to damp or mould, under section 11.
- The time usually runs from the point your landlord knew about the problem and failed to put it right within a reasonable time.
- Ongoing disrepair counts as a continuing breach, so the clock can keep running for as long as the problem is left unfixed.
- Acting sooner is still better: the evidence is fresher and the repairs get done quicker.
The six-year limit for the disrepair itself
Your landlord's duty to keep the structure, exterior and key installations of your home in repair is part of your tenancy agreement: section 11 of the Landlord and Tenant Act 1985 implies it into most tenancies. A claim for breaking that duty is a contract claim, and under section 5 of the Limitation Act 1980 you have six years from the breach to bring it.
The three-year limit for personal injury
If the disrepair made you or someone in your household ill, for example breathing problems made worse by damp and mould, that part of the claim is for personal injury. Under section 11 of the Limitation Act 1980 the limit for personal injury is three years, running from when the injury happened or from when you first realised it was linked to the disrepair. This is shorter than the six-year disrepair limit, so the injury part can run out first.
When does the time limit start?
For the disrepair itself, the clock generally starts once your landlord has been told about the problem and has had a reasonable time to fix it but has not. That is why reporting the problem in writing, and keeping a copy, matters so much: it fixes the date your landlord was put on notice.
What if the disrepair is still ongoing?
Disrepair that is never properly fixed is usually treated as a continuing breach. In practical terms the six-year period keeps running while the problem persists, so a long-standing, unresolved issue is often still in time. You can normally claim for the period of disrepair that falls within the last six years.
Does Awaab's Law change the time limit?
No. Awaab's Law (the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025) sets fixed deadlines for social landlords to investigate and fix serious hazards, but it does not change the limitation period for bringing a claim. It runs alongside the limits above. Awaab's Law Phase 1 has applied to social landlords since 27 October 2025, with further phases from October 2026.
Related questions
How long do I have to make a housing disrepair claim?
Usually six years for the disrepair itself (a breach of your tenancy agreement) under section 5 of the Limitation Act 1980, and three years for any personal injury the disrepair caused under section 11.
Does the time limit apply to council and housing association tenants?
Yes. The same limitation periods apply whether you rent from a council, a housing association or a private landlord, because they come from the Limitation Act 1980, not from the type of landlord.
Can I still claim if I have moved out?
Often yes. You can usually claim for a period of disrepair within the last six years even after you have left, as long as you are within the limitation period for the time you lived there.
Is there a separate time limit for damp and mould?
Damp and mould follow the same rules: six years for the disrepair, and three years for any related ill health. Because damp problems are often ongoing, they are frequently still in time.
Sources and legislation
- Limitation Act 1980, section 5 (contract claims: six years)
- Limitation Act 1980, section 11 (personal injury: three years)
- Landlord and Tenant Act 1985, section 11 (repairing obligations)
- Homes (Fitness for Human Habitation) Act 2018
- Limitation Act 1980 (legislation.gov.uk)
- Landlord and Tenant Act 1985 (legislation.gov.uk)
If your landlord has left repairs undone, we can take it forward for you. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
By: Support for Tenants editorial team
Published:
Reviewed against current housing law for England and Wales as at 20 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.