Can I claim disrepair against a private landlord?

Direct Answer

Yes. Private tenants in England and Wales have the same main disrepair rights as social housing tenants. These come from Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. A no win, no fee solicitor can take on a claim. Your local council's environmental health team can also act for free. If your private landlord has left disrepair unfixed, you may have a claim. Call us free on 0800 030 4669.

What's the same as social housing

A private landlord has the same Section 11 duty as any other landlord. They must keep the structure, the outside, and the key systems (water, gas, electricity, heating, hot water) in repair. They must also keep the home "fit to live in" under the 2018 Act. Once you have told them about the disrepair and given a fair time to fix it, you can claim for compensation and an order to do the work.

The Pre-Action Protocol for Housing Conditions Claims applies to private landlords too. See what is a Pre-Action Protocol.

What's different

The main difference is that there is no free government scheme to escalate a disrepair case against a private landlord. Private tenants who want a low-risk free option have two routes:

1. Environmental health (council). Your council can serve an Improvement Notice, or even an Emergency Remedial Action notice, if the home is unfit. This can force the landlord to act. See can I be evicted for complaining for how the law now protects you from eviction after you complain.
2. Property Redress Scheme or The Property Ombudsman. These cover complaints about letting agents, not landlords directly. They can help if an agent has mishandled your repair requests.

There is also retaliatory eviction, where a landlord tries to evict a tenant for complaining. Private landlords used to do this with a Section 21 "no fault" notice. Since 1 May 2026 the Renters' Rights Act has ended Section 21 "no fault" evictions in England, so a landlord can no longer remove you without a legal reason. Before that ban, the Deregulation Act 2015 blocked these notices in set situations. See can I be evicted for complaining.

What to do first

Report the disrepair in writing to your landlord or letting agent. If you get no proper reply within 14 days, contact your local council's environmental health team at the same time. Then call a regulated claims service or a solicitor.

For a free, no-obligation eligibility check, call Support for Tenants on 0800 030 4669. We will tell you honestly whether your case is strong enough to go ahead, or whether environmental health alone will sort it. See also what evidence do I need.

Free alternative: Your local council's environmental health team, Citizens Advice, and Shelter all offer free help for private tenants dealing with disrepair.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Pre-Action Protocol for Housing Conditions Claims, England (justice.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)