Can I claim disrepair if I'm behind on rent?

Direct Answer

Yes. Being behind on rent does not stop you bringing a housing disrepair claim. The two issues are legally separate. However, any compensation awarded will usually be set against any arrears you owe, and your landlord may use a disrepair claim as a chance to chase the arrears. Get advice before claiming if your arrears are large.

Why arrears don't block a claim

Your landlord's duty to keep the property in repair under Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018 is not conditional on rent being paid up to date. They must repair the home whether you owe rent or not. The same is true under the Renting Homes (Wales) Act 2016 if you live in Wales.

In fact, severe disrepair sometimes contributes to arrears: tenants may have stopped paying because rooms were unusable, or run up debt heating a damp home. Courts and landlords are aware of this pattern.

What happens to compensation if you owe rent

When a disrepair claim settles, the landlord may apply any compensation owed against the arrears on your rent account. If your settlement is £4,000 and your arrears are £1,500, you would typically receive £2,500 and the arrears would clear. If your settlement is smaller than your arrears, you may receive nothing in cash but your arrears will be reduced.

In some cases, courts have ordered a partial rent abatement during the period of severe disrepair, which can wipe out the arrears entirely. Whether this applies depends on how serious the disrepair was and how much of the property was unusable.

What to do first

If your arrears are large or your landlord has already started possession proceedings, do not bring a disrepair claim without taking 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 eligibility check, call Support for Tenants on 0800 030 4669. We will tell you honestly whether claiming makes sense in your situation, or whether you should focus on the arrears first.

Free alternative: Shelter's emergency helpline (0808 800 4444) and your local Citizens Advice can both advise on the interaction between arrears and disrepair claims at no cost, and will refer 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)