Court injunction to force repairs: getting an order for specific works

Direct answer

An injunction is a court order that makes your landlord actually carry out the repairs, not just pay compensation. It is used when the work is urgent or the landlord keeps failing to act. Your solicitor usually applies for it as part of a disrepair claim, and in a genuine emergency the court can order works quickly. You need evidence the landlord knew and did not fix the problem.

Most housing disrepair claims end in a financial settlement, compensation for the period of disrepair. But sometimes a tenant needs the court to order the landlord to actually carry out the repairs, not just pay money. This is done through an injunction. We explain what an injunction is, when it is appropriate, and how to get one.

What is an injunction in a housing context?

An injunction is a court order requiring a party to do something (a mandatory injunction) or to stop doing something (a prohibitory injunction). In housing disrepair cases, a mandatory injunction orders the landlord to carry out specified repairs within a specified time.

An injunction is a more powerful remedy than financial compensation because it compels action. Breach of an injunction is contempt of court, which can result in a fine or, in serious cases, imprisonment.

When is an injunction appropriate?

An injunction for repairs is most likely to be appropriate when:

• The disrepair is serious and ongoing, for example, no heating in winter, active water ingress, structural instability
• The landlord has repeatedly promised repairs but not carried them out
• The conditions are dangerous, posing a risk to health or safety
• Financial compensation alone would not adequately remedy the situation, for example, the tenant cannot afford to move out and the property is genuinely uninhabitable without the repairs being done
• There is an urgent need, for example, the cold weather is imminent and the boiler has been broken for months

Courts grant injunctions where the legal right is clear and there is a real and ongoing harm that damages alone cannot fix.

How to apply for an injunction

Injunctions in housing disrepair cases are made under Section 17 of the Landlord and Tenant Act 1985 (for breach of Section 11) or under the Homes (Fitness for Human Habitation) Act 2018 (for unfitness), or both.

The application is made to the county court. Depending on the urgency:

• Without notice (ex parte): in genuine emergencies, for example, no heating in freezing weather, dangerous structural failure, you can ask the court to grant an interim injunction without giving the landlord advance notice. The landlord then has the right to attend a return hearing to oppose it.
• On notice: in less urgent cases, you apply in the usual way and the landlord is notified. There is then a hearing at which the court decides whether to grant the injunction.

The application must:

• Identify the specific repairs you are asking the court to order
• Provide evidence of the disrepair (photographs, survey reports, communications with the landlord)
• Show that the landlord has failed to carry out the repairs despite having knowledge and a reasonable opportunity to act

What orders can the court make?

The court can order:

• That the landlord carry out specific listed works within a specified period
• That the landlord allow access for an independent survey
• That the landlord provide the tenant with suitable temporary accommodation during major works
• Costs against the landlord

If the landlord does not comply with the order, you can apply to the court for the order to be enforced, this is done through a committal application.

Injunction alongside compensation

An injunction is often sought alongside, not instead of, financial compensation. A case may include:

• A claim for an injunction requiring the repairs to be done (or continued)
• A claim for compensation for the period of disrepair that has already passed
• A claim for any special damages (damaged belongings, additional costs)

These are often combined in the same court proceedings.

Do you need a solicitor?

An injunction application is more complex than a standard disrepair claim. It involves court rules about evidence, service on the other party, and a hearing. You can apply as a litigant in person, but the process is significantly easier with legal representation. If you are working with a no-win no-fee housing disrepair firm, they can make this application on your behalf as part of the overall claim.

When should I contact Support for Tenants?

If your landlord has not done urgent repairs despite being told about them, and you need the court to order them to act, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

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)

Related articles

• My home is unfit to live in
• My landlord keeps promising repairs but never does