The home is in bad condition the day I moved in, what now?

Direct answer

If you move in and find the home is in bad condition (damp, mould, broken boiler, dirty, broken locks), you have a narrow window to protect yourself. Document everything in the first 48 hours, do not sign anything that says you are happy with the condition, and report it to the landlord in writing. The Homes (Fitness for Human Habitation) Act 2018 says the home has to be fit on day one, not just later. Call us free on 0800 030 4669.

Day one, do this before you unpack

1. Photograph every room before you put a single box down. Open windows, cupboards, under sinks. Take wide shots and close-ups of any damage.
2. Take a short video walking through the home, narrate dates and issues.
3. Run the taps, flush every toilet, turn on every light, check the boiler fires.
4. Note anything that is broken, dirty, damp or unsafe.
5. Save the inventory if one was provided, or write your own and email it to the landlord.

You only get to do this once. If you let the move settle and the landlord later argues "it was fine when you moved in," your photos and dated video are what protect you.

Do not sign anything that says "good condition"

Many letting agents hand you a check-in form and ask you to tick a box saying you are happy with the condition. Do not tick it if you are not. Strike through it, write "see attached list of issues," sign that, and attach your list with photos.

If you have already signed, that does not stop you reporting issues, it just makes it harder. Send your list and photos by email anyway, dated, and ask the landlord to confirm receipt.

Report it in writing within 48 hours

Email beats text beats phone. The reason: you need a paper trail. Send:

• A list of what is wrong, room by room.
• Photos and the dated video.
• A polite ask to fix each item.
• A note that the home should have been ready and fit to live in.

Keep the tone factual, not angry. Save the email. Print it if you can.

Your landlord's duty

Several pieces of law apply on day one:

• The Homes (Fitness for Human Habitation) Act 2018. The home has to be fit to live in at the start of and throughout the tenancy.
• Section 11 of the Landlord and Tenant Act 1985. Structure, exterior, water, gas, electricity, sanitary fittings, heating.
• The Defective Premises Act 1972. Foreseeable injury from disrepair.
• The Electrical Safety Standards in the Private Rented Sector Regulations 2020. A valid EICR must be provided at move-in.
• Gas Safety Regulations. A current gas safety certificate must be provided.

If the landlord cannot give you the EICR and the gas safety certificate on day one, that is itself a serious problem.

If the landlord refuses to fix it

• Stay in the home if it is safe enough, do not move out without advice. Moving out can complicate a claim.
• Send a second written request, give a clear deadline (usually 14 days for non-emergencies).
• Contact the council's environmental health team for a Housing Health and Safety Rating System inspection.
• See how to request an HHSRS inspection.
• Keep a running diary of every report and reply.

How we can help

If the home was unfit from the start and the landlord has dragged out the repairs, you may have a claim from day one. Call us free on 0800 030 4669.

Free call: 0800 030 4669 | Start your claim

Sources

• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (legislation.gov.uk)