Rent arrears do not block a disrepair claim. Here's how arrears interact with compensation, and what you should know before claiming.
On this page
In short
Yes. Being behind on rent does not stop you bringing a disrepair claim. The two issues are legally separate. But any compensation will usually be set against the arrears you owe, and a landlord may treat your claim as a chance to chase them. If your arrears are large, get advice before claiming.
Why arrears don't block a claim
Your landlord's repair duty, under Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, does not depend on the rent being up to date. They must repair the home whether you owe rent or not. The same holds under the Renting Homes (Wales) Act 2016 in Wales.
Severe disrepair sometimes feeds the arrears: tenants stop paying because rooms are unusable, or run up debt heating a damp home. Courts and landlords know this pattern.
What happens to compensation if you owe rent
When a claim settles, the landlord may set the compensation against your rent account. Say the settlement is £4,000 and the arrears £1,500: you would typically get £2,500 and the arrears would clear. If the settlement is smaller than the arrears, you may get no cash, but the arrears shrink.
Courts have sometimes ordered part of the rent written off for the period of severe disrepair, which can wipe the arrears out entirely. Whether that applies depends on how bad the disrepair was and how much of the home was unusable.
What to do first
Large arrears, or possession proceedings already started? Do not bring a disrepair claim without advice first. A possession claim moves faster than a disrepair claim, and you need to defend it properly. See can I be evicted for complaining for the basics on retaliatory eviction.
For a free, no-obligation check, call Support for Tenants on 0800 030 4669. We will tell you honestly whether claiming makes sense, or whether the arrears need dealing with first.
Free alternative: Shelter's emergency helpline (0808 800 4444) and your local Citizens Advice both advise free on how arrears and disrepair claims interact, and can point you to a duty solicitor if eviction proceedings have begun.
Sources
- Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Housing Act 1988 (legislation.gov.uk)
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 17 May 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.
Related guides
Complete guide to housing disrepair claims in England and Wales
Everything tenants need to know about housing disrepair claims. The law, your rights, the process, evidence, compensation, deadlines, and what to do step by step.
Read
Do I need a solicitor for a housing disrepair claim?
You do not strictly need a solicitor for a housing disrepair claim. Compare bringing a claim yourself, instructing a solicitor directly, and using a regulated referral service.
Read
What is no win, no fee? (housing disrepair, plain English)
No win, no fee explained: how it works, what comes out of your compensation, and what happens if you lose. Plain English, no jargon.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.