Complete guide to housing disrepair claims in England and Wales

Direct answer

A housing disrepair claim is a legal action against a landlord who has failed to keep your home in repair, despite being told about the problem. It can force the landlord to do the repairs and pay you compensation for the time you have lived with the disrepair, the damage to your belongings, and the impact on your health. We walk you through the whole journey from "I have a problem" to "I have been paid."

If you would rather skip the reading and talk to someone, call us free on 0800 030 4669.

Key facts

• The 2024 to 2025 English Housing Survey found about 9% of homes in England, around 2.3 million, had a category 1 (most serious) hazard under the HHSRS. In the private rented sector the figure was 10%. English Housing Survey 2024-25, GOV.UK
• The same survey found about 15% of homes in England, around 4.0 million, did not meet the Decent Homes Standard. In the private rented sector the figure was 22%. English Housing Survey 2024-25, GOV.UK

Who this guide is for

This guide is for tenants in England and Wales in any of these situations:

• Your council or housing association has not done the repairs you have asked for.
• Your private landlord has ignored damp, mould, leaks, broken heating, electrical problems, pests or other disrepair.
• You are facing eviction while the home is in disrepair.
• You are a leaseholder whose freeholder or management company is failing to repair the building.
• You have moved out of a home that was in disrepair and you want to know if you can still claim.

If you are in Scotland or Northern Ireland, the law is different. We do not handle cases there. Shelter Scotland (0808 800 4444) or Housing Rights Northern Ireland (028 9024 5640) are the right contacts.

What counts as disrepair

Disrepair is anything that breaches the landlord's legal duty to keep the home in repair. The most common categories:

• Damp and mould. Including condensation that the landlord could fix with ventilation or insulation.
• Leaks. From the roof, pipes, the flat above, gutters, around windows.
• Broken heating. Boilers, radiators, storage heaters, hot water.
• Electrical problems. Wiring faults, shocks, broken sockets, missing EICR.
• Pests. Rats, mice, cockroaches, bedbugs the landlord has not properly dealt with.
• Structural problems. Cracks, subsidence, collapsing ceilings, unsafe roofs.
• Broken doors, windows, locks.
• Blocked drains, sewage and smells.
• Asbestos exposure.
• Fire safety failures.

A short list, but each category has many sub-types. See Specific repair problems for the per-type guides.

Damp alone is common: across England, around 4% of households have damp in at least one room, according to the English Housing Survey.

The laws on your side

Several pieces of law give you a right to a home in repair. They overlap, and the strongest argument usually depends on the type of landlord.

Section 11 of the Landlord and Tenant Act 1985

The cornerstone. Every tenancy of seven years or less carries this implied term. The landlord must keep in repair:

• The structure and exterior (walls, roof, windows, drains).
• The installations for water, gas, electricity, sanitation, heating and hot water.

See what is Section 11 for the detail.

Homes (Fitness for Human Habitation) Act 2018

Every rented home in England and Wales must be fit to live in at the start of and throughout the tenancy. Fitness covers damp, ventilation, water supply, drainage, lighting, hot and cold water, food preparation, and freedom from hazards.

See what is the Fitness for Human Habitation Act.

Awaab's Law

For social tenants in England (council and housing association). In force from 27 October 2025. Gives the social landlord firm deadlines:

• 24 hours to investigate and make an emergency hazard safe.
• 10 working days to investigate a significant hazard.
• 3 working days to issue a written summary after investigating.
• 5 working days to begin the repair works (a longer, reasonable period applies to major works, with a 12-week backstop).

See what is Awaab's Law.

Defective Premises Act 1972

Landlord's duty of care for foreseeable injury caused by disrepair. Important when someone has been hurt.

Environmental Protection Act 1990, Section 82

Lets you bring a private prosecution against the landlord at the Magistrates' Court for a "statutory nuisance" (severe damp, sewage, infestation). See what is an EPA Section 82 claim.

Step by step, the claim process

A housing disrepair claim runs in a recognisable sequence. Most cases never reach court, but the steps follow the same pattern.

Step 1, report the disrepair in writing

The legal duty only "bites" once the landlord has been told. So your first job is to report the problem clearly, in writing, and keep a copy.

See how to report damp to your landlord and how to write a complaint letter.

Step 2, give the landlord a reasonable time

What counts as reasonable depends on the urgency. For an emergency, days. For routine repairs, weeks. For social tenants, Awaab's Law fixes the deadlines.

Step 3, gather evidence

Photographs and a short video, dated. Receipts for damage. Doctor's letters for any illness. A diary of contacts with the landlord. See what evidence do I need and what photos to take for a disrepair claim.

Step 4, complete the landlord's complaints process if relevant

For council and housing-association tenants, the two-stage complaint process is often a prerequisite for the Housing Ombudsman route, and useful evidence for a claim. See how to complain to the Housing Ombudsman step by step.

Step 5, get advice

Call us free on 0800 030 4669. We assess whether you have a claim, what evidence you have, what is likely to be needed, and what the route looks like. No upfront cost. No obligation to proceed.

Step 6, the Pre-Action Protocol

If there is a claim, the formal Pre-Action Protocol for Housing Conditions Claims sets the steps before court. Your solicitor sends a letter of claim. The landlord has 20 working days to respond. A joint expert inspects the property. Both sides try to settle. See what is a pre-action protocol.

Step 7, settlement

Most cases settle at this stage. The landlord agrees to do the repairs and pay compensation. The case is closed without a court hearing.

Step 8, court

If settlement fails, the case goes to the County Court. A judge orders the repairs and decides the compensation. Hearings are often short. See possession hearing, litigant in person guide for the procedure.

Step 9, payment and repairs

The landlord pays the compensation, usually within 14 to 28 days of settlement or judgment, and carries out the repairs in line with the schedule of works.

How long the whole process takes: usually 3 to 12 months depending on landlord co-operation. See how long does a disrepair claim take.

How much compensation

There is no single number. Compensation depends on:

• How bad the disrepair was.
• How long it went on for.
• How much it affected your daily life.
• The damage to belongings.
• Any health impact.
• The rent you have been paying.

A common approach is a percentage off the rent for the period of the disrepair, plus separate awards for damaged belongings and health. See how much compensation could I get.

For damaged belongings, you can claim the replacement cost. See can I claim for damaged belongings.

For health damage, the route depends on the impact. Mild conditions are part of the main claim. Serious conditions may need a separate personal-injury claim. See personal injury from disrepair and health evidence in a disrepair claim.

How much it costs you

If you instruct us, the answer is nothing upfront. The arrangement is:

• No win, no fee. If you do not win, you pay nothing.
• If you win, the legal fee comes out of the compensation, not out of your pocket. We explain it clearly before you start.

We are an FCA-regulated claims-management company (FRN 1020217). We pass strong cases to a panel solicitor who runs the claim. Our service to you is free. See is your service free and do I need a solicitor for a housing disrepair claim.

You can also bring a claim yourself in the small claims court for amounts under £10,000. See damp compensation in the small claims court.

How long you have to claim

You usually have 6 years from the breach of the landlord's duty (3 years for personal injury). For ongoing disrepair, the clock runs separately for each period of breach, so the limit is rarely a problem for active issues.

If you have moved out, the clock starts from when you moved out (for some elements). See can I claim housing disrepair after I have moved out and how long do I have to claim.

Special situations

Private rented

The same statutes apply. The pre-action protocol is identical. The main practical difference is that the landlord is often less well-resourced than a council and may settle faster. See can I claim against a private landlord and private tenant repair claim step by step.

You are behind on rent

Disrepair compensation can offset rent arrears, sometimes wiping them out. See can I claim if I am behind on rent and defending a Section 8 ground 8 eviction.

Your landlord is trying to evict you

Disrepair counterclaims can stop or slow possession proceedings. See can I claim disrepair if my landlord is evicting me.

You are a leaseholder

Different. The freeholder, not your landlord, owes the duty. See can you help leaseholders and my management company won't fix repairs.

You are a lodger

Limited rights but not none. See can I claim if I am a lodger.

Wales

Slightly different procedures. The Renting Homes (Wales) Act 2016 is the equivalent framework. See Wales tenant housing law.

Group claim

If multiple flats in a block have the same problem, a group claim is often stronger and faster. See group disrepair claim, block of flats.

NRPF

Immigration status does not affect your disrepair rights. See NRPF housing disrepair rights.

Common mistakes to avoid

Withholding rent

Almost always backfires. The landlord can evict you on Section 8 ground 8 once arrears reach 2 months. The disrepair is a separate question and a separate claim. See can I withhold rent if my landlord won't do repairs and withholding rent vs offsetting against repairs.

Doing all the talking by phone

Phone calls vanish. Emails and letters do not. Always confirm key points in writing.

Accepting the first offer without checking

Landlords sometimes offer a quick small payment to make the problem go away. See what you would be giving up before signing anything.

Moving out without advice

Moving out can complicate a claim. Get advice first. The claim does not usually disappear when you move, but the value can change.

Letting deadlines slip

Awaab's Law deadlines (for social tenants), Pre-Action Protocol windows (for private), and the 6-year limitation period all matter. Keep dates.

Other routes for compensation

A CMC-led claim is one path. There are others.

• Housing Ombudsman for social landlords. Free, smaller amounts. See how to complain to the Housing Ombudsman.
• Local Government Ombudsman (LGSCO) for council failures.
• Small claims court for under £10,000. See damp compensation in the small claims court.
• Environmental health prosecution.
• First-tier Tribunal for service-charge disputes.

See should I use a solicitor or an ombudsman for which fits when.

Where else to get help

• Shelter 0808 800 4444 for general housing advice.
• Citizens Advice 0808 223 1133.
• A Law Centre in your area, see lawcentres.org.uk.
• Civil Legal Advice 0345 345 4 345 for legal aid screening.
• For domestic abuse, Refuge 0808 2000 247 (24-hour).

See where to get other housing help for the full list.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Awaab's Law: guidance for social landlords (GOV.UK)
• Defective Premises Act 1972 (legislation.gov.uk)
• Environmental Protection Act 1990, Section 82 (legislation.gov.uk)
• Limitation Act 1980 (legislation.gov.uk)
• English Housing Survey (GOV.UK)

Get a free, honest assessment

Most tenants who come to us have not realised how much compensation they may be owed, or how clear the law is on their side. The conversation takes 5 minutes. There is no obligation. We tell you honestly whether you have a case worth pursuing.

Call free on 0800 030 4669.

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