Maybe you have an acquired brain injury (ABI). This could be from a stroke, a head injury, encephalitis, or another cause. If your rented home has disrepair,
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Maybe you have an acquired brain injury (ABI). This could be from a stroke, a head injury, encephalitis, or another cause. If your rented home has disrepair, you have the same repair rights as any other tenant. You also have some extra protections because of your disability. Below, we explain both.
What is an acquired brain injury?
An acquired brain injury is any damage to the brain that happens after birth. Common causes include:
- Stroke or transient ischaemic attack (TIA)
- Road traffic accident or other traumatic head injury
- Encephalitis or meningitis
- Hypoxic or anoxic brain injury (from lack of oxygen)
- Brain tumour
ABI can affect your memory, attention, communication, movement, energy, behaviour, and mood. The effects are different for each person.
Your repair rights as a tenant
Your landlord's legal duties to look after your home apply no matter what your disability is. Under Section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure, the outside, and the installations in repair. Under the Homes (Fitness for Human Habitation) Act 2018, your home must be fit to live in. This must be true at the start of the tenancy and all the way through it.
How ABI can make disrepair particularly harmful
Disrepair can hurt someone with an acquired brain injury more than other people. Here is why:
- Cold conditions: cold can make tiredness and thinking problems worse. It is harmful after a stroke.
- Damp and mould: these can affect breathing and the immune system. The effects can be worse if you already have a brain or nerve condition.
- Lighting and visual hazards: poor light or damaged flooring can raise the risk of a fall. This matters more if your balance, vision, or movement is affected after ABI.
- Noise from disrepair: noise from plumbing, the building moving, or pests can make thinking problems and poor sleep much worse.
The Equality Act 2010
ABI counts as a disability under the Equality Act 2010 if it has a substantial and long-term effect on your day-to-day life. Most people with significant ABI will meet this test.
The Equality Act says your landlord must make reasonable adjustments for disabled tenants. These adjustments may include:
- Talking to you in a way you can understand. This could be plain language, in writing rather than spoken, or through a representative or support worker.
- Not making you handle hard processes on your own.
- Doing repairs sooner where your disability means the disrepair affects you more.
If your landlord will not make reasonable adjustments, this may be disability discrimination.
Reporting disrepair
It helps to report disrepair in writing. ABI can make writing hard. You may have dyslexia, trouble finding words, or problems with attention. If so, you can:
- Ask a family member, support worker, or case manager to help you write the letter
- Use email. This keeps a written record and is easier than a letter.
- Ask us to check whether you may have a claim. If you do, the solicitor we refer you to can deal with your landlord for you
Capacity and legal proceedings
ABI can affect your mental capacity to manage legal proceedings. If it does, you may need a litigation friend. This is someone who can manage the claim for you. It is common in personal injury cases. It is also available in civil claims, including housing disrepair.
Maybe you have a Lasting Power of Attorney for property and money matters. If so, your attorney can act for you. If you lack capacity and have no LPA, the Court of Protection may need to appoint a deputy.
Contact us to talk about how we can work with you and any support you may have.
When should I contact Support for Tenants?
If your home has disrepair and your landlord will not fix it, call us on 0800 030 4669. We work with tenants who have ABI. We can change the way we talk to you to suit your needs.
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.
Sources
- Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
- Equality Act 2010 (legislation.gov.uk)
- Mental Capacity Act 2005 (legislation.gov.uk)
Related articles
- Disability discrimination in housing
- Equality Act, housing disrepair reasonable adjustments
- Older tenants and housing disrepair
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
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, not a promise; every case is different.
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