Support for Tenants

HomeFAQs

Frequently asked questions

41 questions answered, in plain English.

Don't see your question? Read our detailed answers, browse the help centre or call 0800 030 4669.

Cost, no win no fee, and how we work

How much does this cost me?

Nothing upfront, and nothing at all if your claim doesn't succeed. If we win, the panel solicitor recovers their costs from your landlord, and their fee only comes out of your compensation, never out of your own pocket. It is capped by law and explained to you in plain English before you sign.

Will my landlord evict me for complaining?

No. Retaliatory eviction is unlawful. Social housing tenants have very strong protections; private tenants have additional protections under the Renters' Rights Act 2025 (Section 21 banned from May 2026). See our /law/retaliatory-eviction guide.

How long does a claim take?

Urgent repairs often start within weeks once a claim is opened. Full settlements typically take 3-9 months. The Pre-Action Protocol requires a 20-working-day landlord response, then joint inspection (if needed), then settlement or court issue.

Will I have to go to court?

Almost certainly not. Most housing disrepair claims settle without a court hearing, because an independent survey and your repair records usually make the case clear. If a claim ever did need a hearing, your panel solicitor prepares everything and guides you through it, so you are never on your own.

Can I still claim if I have moved out?

Often yes. If your landlord left your home in disrepair while you were living there, you can usually still claim after you move, as long as you act within the time limit, which is normally six years from when the disrepair happened. Tell us when you lived there and what went wrong, and we will check whether you are still in time.

What evidence do I need?

Photos (date-stamped), dates of when you reported the issue, and copies of every text, email, or letter you've sent to your landlord. If you don't have all of that, we'll help you gather it.

Can I sue my landlord myself without a solicitor?

Yes, you can pursue your own disrepair claim. We can do it for you on a no-win-no-fee basis if you prefer not to handle it alone.

Can I withhold rent if my home is in disrepair?

No, never withhold rent in England. It puts your tenancy at risk. In Wales there is a different supplementary-term position; take Welsh-specific advice first. Always keep paying while you gather evidence and pursue the claim properly.

How long do I have to take action?

Six years from when the disrepair first started. The sooner you act, the stronger the evidence and the faster the resolution.

What is Awaab's Law?

Awaab's Law (Section 10A LTA 1985, in force 27 October 2025) requires social landlords in England to investigate and make safe an emergency hazard within 24 hours. For a significant hazard such as serious damp or mould, they must investigate within 10 working days, complete the safety work within 5 working days of finishing that investigation, and send the tenant a written summary within 3 working days of the investigation. Missing these deadlines strengthens any disrepair claim significantly.

Does Awaab's Law apply to my private landlord?

Not yet. Awaab's Law currently applies to social landlords (councils, housing associations, ALMOs) in England. The Renters' Rights Act 2025 is expected to extend it to private landlords from October 2026.

Does Awaab's Law apply in Wales?

No, Awaab's Law is English legislation. Welsh tenants have separate protections under the Renting Homes (Wales) Act 2016 and the Welsh Housing Quality Standard 2 (WHQS2).

Can I claim against my council?

Yes. Councils are subject to Section 11 of the Landlord and Tenant Act 1985, Awaab's Law (Section 10A LTA 1985, 27 October 2025), and the Decent Homes Standard. Council direct-managed housing accounts for the largest single concentration of UK disrepair complaints.

Is my housing association responsible for repairs?

Yes. Housing associations have the same Section 11 duties as private landlords, plus the additional consumer standards enforced by the Regulator of Social Housing (RSH). Many large HAs have current C2 or C3 grades indicating compliance weaknesses.

I'm a tenant in Wales, does the same law apply?

No. Wales has different law: Renting Homes (Wales) Act 2016 and the Welsh Housing Quality Standard 2 (WHQS2), which differ from the rules in England. Section 11 of the Landlord and Tenant Act 1985 still applies. If your landlord has ignored repairs, you may have a claim. See /wales for Welsh-specific guidance.

What is a 'contract holder' in Wales?

Since December 2022, the Renting Homes (Wales) Act 2016 replaced 'tenant' with 'contract holder'. The rights are similar but the terminology differs. If you signed a tenancy agreement before December 2022, your old terms may have been converted automatically.

What is the pre-action protocol for housing conditions?

It is a mandatory process both sides must follow before court action. Your solicitor sends a letter of claim, your landlord has 20 working days to reply, then there is a joint inspection and a further opportunity to settle. Most cases settle at this stage without going to court.

Do I need a medical letter to make a disrepair claim?

No, you do not need one to start a claim. But if the disrepair has affected your health, a short letter from your doctor or consultant will significantly strengthen your case and may increase the compensation. We can advise you on what to ask your doctor to include.

My landlord says I did not report the problem. What can I do?

Your landlord can only be held liable once they knew about the problem. If you reported it verbally, in a portal, or by text, that counts. Gather every piece of evidence you have: texts, emails, portal screenshots, and any neighbour or visitor who witnessed it. If you have nothing in writing, send a letter today and keep a copy.

My landlord sent a surveyor but nothing happened. Can I still claim?

Yes. A surveyor visit proves your landlord knew about the problem. If they took the report and still did not carry out the repairs, that strengthens your case, not weakens it. Keep the date and details of the visit.

Can I claim if my landlord is a housing association that has since merged?

Yes. When housing associations merge, the successor organisation takes on all legal obligations of the original. Your claim goes against the current registered provider. The merger does not reset the clock or wipe out the history.

What if I signed a tenancy agreement that says I am responsible for repairs?

A clause that takes away rights given by the Landlord and Tenant Act 1985 is unenforceable. Your landlord cannot contract out of their Section 11 duties. You can still claim.

My landlord is a company or trust, not a person. Can I still claim?

Yes. The legal duties under Section 11 apply to the landlord, whether they are an individual, a company, a trust, or a registered provider. You may need help identifying who to send letters to, which we can help with.

My tenancy has ended. Is it too late?

You have six years from when the disrepair occurred. Even if you have moved out, you can claim for the period you lived with the problem. Acting sooner is easier because memories and evidence are fresher.

My landlord investigated but did not fix it within the Awaab's Law deadline. What now?

A missed Awaab's Law deadline is a breach in itself. Keep the date the investigation ended and the date the deadline passed. This is direct evidence for a claim. Contact us and we will advise on next steps.

Does Awaab's Law cover private rented properties yet?

Not yet. As of 2026, Awaab's Law applies to social landlords in England only. The Renters' Rights Act 2025 contains powers to extend it to private landlords, but the regulations extending it have not yet been made. Private tenants still have Section 11 and Fitness for Human Habitation Act protections.

Will I have to pay back my housing benefit if I get compensation?

Compensation for a disrepair claim is generally not treated as income for universal credit or housing benefit purposes. However, large lump sums can affect some means-tested benefits. If you are concerned, ask a welfare rights adviser before you accept any settlement.

Can I refer someone else to you, like a family member or neighbour?

Yes. You can refer anyone you know to us. Social workers, charities, GPs, and family members all refer people to us regularly. Use the Refer someone page on this site, or call us and we will talk through the case.

What is the Housing Ombudsman?

The Housing Ombudsman Service is a free, independent body that investigates complaints against social landlords (councils, housing associations, and ALMOs) in England. You must go through your landlord's two-stage complaints process first, then you can escalate to the Ombudsman if you are still unhappy.

Can I use the Housing Ombudsman and make a civil disrepair claim at the same time?

Yes. The Ombudsman route and a civil disrepair claim are entirely separate. Many tenants run both together. If the Ombudsman finds maladministration, that finding can support your civil case.

Can private tenants use the Housing Ombudsman?

No. The Housing Ombudsman only handles complaints about social landlords. Private tenants should use the pre-action protocol and civil courts for disrepair. A separate Private Rented Sector (PRS) Ombudsman is planned for late 2026.

My ceiling collapsed because the flat above was leaking. Can I claim against my landlord?

Yes. Under the Defective Premises Act 1972 (Section 4), your landlord has a duty of care for defects in property they own, even where the defect is in a part of the building you do not occupy (such as a flat above, or communal roof). This runs alongside your Section 11 claim for the structural disrepair.

What is the Defective Premises Act 1972?

It is a law that makes landlords responsible for defects in property they own, including parts you do not occupy (communal areas, roof, the flat above). Section 4 gives you a claim for damage caused by those defects, even if you did not report the specific defect first. The landlord is liable if they knew or should have known.

What does a Category 1 hazard mean?

The Housing Health and Safety Rating System (HHSRS) scores hazards in your home. A Category 1 hazard is serious enough that the council has a legal duty to act. The council cannot choose to ignore it. It can serve an improvement notice (ordering the landlord to fix the problem) or a prohibition order (stopping the property being used). A Category 1 finding also strengthens any civil disrepair claim.

Damp and mould

My landlord says the damp is caused by condensation from my lifestyle. Is that true?

Sometimes condensation is a tenant lifestyle factor, but very often it's structural (poor ventilation, lack of insulation, broken extractor fans, single-glazing). The landlord's job is to prove their case. Don't accept 'it's your lifestyle' as a final answer.

How much compensation for damp and mould?

Typically £3,000-£15,000 depending on severity, duration, and any health impact. Awaab's Law cases at the top of this range. Specific health damages (e.g. childhood asthma) can push this higher.

How do I prove damp and mould affected my health?

Ask your doctor for a written note linking your symptoms to home conditions. Keep records of any hospital admissions, prescriptions, or specialist referrals. NHS guidance recognises mould as a respiratory hazard.

Broken heating and hot water

My boiler has been broken for over a week. What can I do?

Under Awaab's Law, no heating in winter is an emergency (24-hour response). Document every report to your landlord, photograph any temporary heater bills, and contact us free on 0800 030 4669. Most tenants in this situation recover £2,500-£10,000 plus the boiler replaced.

Leaks and flooding

How quickly should my landlord fix a leak?

Active leaks count as emergencies under Awaab's Law, your landlord has 24 hours to act. Even before Awaab's Law, Section 11 of the Landlord and Tenant Act 1985 requires repairs within a reasonable time. 'Reasonable' for an active leak means days, not weeks.

Leaseholders and shared owners

I'm a leaseholder, can I claim against my freeholder?

Yes for structural defects and common-area failures (your freeholder's responsibility under your lease). Internal repairs are typically your responsibility. Read your lease carefully or call us free for a 5-minute assessment.

Disabled tenants

My landlord refuses to make disability adaptations. Can I claim?

Yes. Under the Equality Act 2010 your landlord has a duty to make reasonable adjustments. Get an OT assessment first (free via your council), this strengthens any claim.

Still got a question? A real person will answer.

By: Support for Tenants editorial team

Last updated:

Reviewed against current housing law for England and Wales as at 15 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.

Was this helpful?