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

In short

An injunction is a court order. It makes your landlord actually do the repairs, not just pay you money. You can use it when the work is urgent or the landlord keeps failing to act. Your solicitor usually asks for it as part of a disrepair claim. In a real emergency, the court can order the work quickly. You need to show the landlord knew about the problem and did not fix it.

Most housing disrepair claims end with money. This is compensation for the time you lived with the disrepair. But sometimes you need the court to make the landlord do the repairs, not just pay you. This is done with an injunction. We explain what an injunction is, when it fits, and how to get one.

What is an injunction in a housing context?

An injunction is a court order. It can tell someone to do something. This is called a mandatory injunction. It can also tell someone to stop doing something. This is called a prohibitory injunction. In housing disrepair cases, a mandatory injunction tells the landlord to do set repairs by a set date.

An injunction is stronger than money because it forces action. If the landlord breaks an injunction, that is contempt of court. The landlord can be fined. In serious cases, they can be sent to prison.

When is an injunction appropriate?

An injunction for repairs is most likely to fit when:

• The disrepair is serious and still going on, for example, no heating in winter, water getting in, or the building is not stable
• The landlord has promised repairs again and again but not done them
• The conditions are dangerous and put your health or safety at risk
• Money alone would not put things right. For example, you cannot afford to move out, and the home is not fit to live in until the repairs are done
• There is an urgent need, for example, cold weather is coming soon and the boiler has been broken for months

Courts grant injunctions when the legal right is clear. There must also be real, ongoing harm that money 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. They can also be made under the Homes (Fitness for Human Habitation) Act 2018, for unfitness. Some cases use both.

You apply to the county court. What happens next depends on how urgent it is:

• Without notice (ex parte): in a real emergency you can ask the court for a quick injunction. Examples: no heating in freezing weather, or a dangerous building fault. You do this without telling the landlord first. The landlord can then come to a later hearing to argue against it.
• On notice: in less urgent cases, you apply in the normal way and the landlord is told. There is then a hearing. The court decides whether to grant the injunction.

Your application must:

• Name the exact repairs you want the court to order
• Give evidence of the disrepair (photos, survey reports, messages with the landlord)
• Show that the landlord knew and had a fair chance to act, but did not do the repairs

What orders can the court make?

The court can order:

• That the landlord do set, listed works by a set date
• That the landlord let an independent surveyor in
• That the landlord give you suitable temporary housing while big works happen
• Costs against the landlord

If the landlord does not obey the order, you can ask the court to enforce it. This is done with a committal application.

Injunction alongside compensation

You often ask for an injunction as well as money, not instead of it. A case may include:

• A claim for an injunction to make the repairs happen (or carry on)
• A claim for money for the time you have already lived with the disrepair
• A claim for any special damages (damaged belongings, extra costs)

These are often put together in the same court case.

Do you need a solicitor?

An injunction application is harder than a normal disrepair claim. It uses court rules about evidence, telling the other side, and a hearing. You can apply on your own as a litigant in person. But it is much easier with legal help. If you work with a no-win no-fee housing disrepair firm, they can make this application for you as part of the whole claim.

When should I contact Support for Tenants?

If your landlord has not done urgent repairs after you told 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