I have a disability: does my landlord have to take my repairs more seriously?

If you have a disability and your home is in disrepair, the law gives you more protection than you might realise. The Equality Act 2010 applies to landlords. Disrepair that is manageable for a healthy adult may cause serious harm to you, and the law recognises that.

The short answer

Yes. A landlord who treats your repair request less favourably because of your disability, or who fails to adjust the way they handle repairs to account for your needs, may be breaching the Equality Act 2010 as well as their usual repair duties. A disability can also significantly increase the level of compensation you are entitled to claim.

The Equality Act 2010 and what it means for landlords

Under the Equality Act 2010, your landlord must not discriminate against you because of a disability. There are two provisions that matter most in a housing disrepair context.

Discrimination arising from disability (section 15): If your landlord treats you unfavourably because of something connected to your disability, and they cannot justify it, that is unlawful. One example: a landlord who dismisses your repair reports because they assume your health problems are unrelated to the property, when in fact the damp or cold is worsening your condition.

Failure to make reasonable adjustments (section 21): Landlords have a duty to make reasonable adjustments to policies, practices or procedures that put a disabled person at a disadvantage. In a housing context, this can include prioritising your repair report because of the impact on your health, communicating in a format you can use, or adapting the way inspections are arranged.

How disrepair affects disabled people differently

For a non-disabled person, a cold and damp bedroom may be deeply uncomfortable. For someone with a respiratory condition, arthritis, or a compromised immune system, the same conditions can cause serious and lasting harm. Courts and tribunals have long recognised this.

When calculating compensation in a housing disrepair claim, the impact on the individual tenant is considered. A tenant with asthma, a child with eczema, or a vulnerable adult living in persistent mould is likely to receive a higher level of compensation than someone without those vulnerabilities, because the harm caused is greater.

What evidence helps

A letter from your doctor or consultant confirming your diagnosis and explaining how the disrepair is affecting your health is some of the most valuable evidence you can gather. Also useful:

• Medical records showing symptoms that worsened while living in the property
• Records of any change in medication or treatment during the period of disrepair
• Written communications with your landlord in which you told them about your disability or health condition

You do not need a formal diagnosis to be protected. The Equality Act covers conditions that have a substantial and long-term effect on your ability to carry out normal day-to-day activities.

The Housing Health and Safety Rating System

When your council's environmental health team assesses your home under the Housing Health and Safety Rating System (HHSRS), the vulnerability of the occupants is taken into account. A hazard that scores as Category 2 in a home occupied by a healthy adult may score as Category 1 in a home where a disabled person, an elderly person, or a child lives.

When you request an inspection, tell the environmental health team about the health needs of your household. Ask them to factor this into their assessment.

Social tenants and Awaab's Law

If you rent from a council or housing association, Awaab's Law requires your landlord to investigate a significant damp and mould hazard within 10 working days, send a written summary within 3 working days, and begin repairs within 5 working days (with a 12-week backstop for larger jobs). An emergency must be made safe within 24 hours. Where a health risk is identified, including where a disabled or vulnerable tenant lives, the urgency is heightened.

What to do now

Write to your landlord and explain both the disrepair and how it is affecting your health. Include a reference to your disability or health condition. Ask them to respond in writing and to set out a timescale for repair.

Keep a copy of the letter and any response. If they do not respond or fail to act, that letter becomes important evidence for any later claim.

When should I contact Support for Tenants?

If you have a disability and your landlord is not taking your repairs seriously, or if you want to understand how your health condition might affect the value of your claim, 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

• Equality Act 2010 (legislation.gov.uk)
• 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)

Related articles

• How damp and mould affect your health
• Disability discrimination in housing