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 think. The Equality Act 2010 applies to landlords. A repair problem that a healthy adult could cope with may cause you serious harm. The law knows this.

The short answer

Yes. Your landlord must not treat your repair request worse because of your disability. They must also change how they handle repairs to meet your needs. If they do not, they may be breaking the Equality Act 2010. They may also be breaking their normal repair duties. A disability can also make your claim worth a lot more.

The Equality Act 2010 and what it means for landlords

Under the Equality Act 2010, your landlord must not treat you unfairly because of a disability. Two parts of the law matter most when your home is in disrepair.

Discrimination arising from disability (section 15): Your landlord must not treat you badly because of something linked to your disability. If they cannot give a good reason for it, that is against the law. Here is one example. A landlord ignores your repair reports. They assume your health problems have nothing to do with the home. But the damp or cold is making you worse.

Failure to make reasonable adjustments (section 21): Landlords have a duty to make fair changes to how they work. This is needed when a way of working puts a disabled person at a disadvantage. With repairs, this could mean putting your repair first because of how it affects your health. It could mean talking to you in a way you can use. It could mean changing how inspections are set up.

How disrepair affects disabled people differently

For someone who is not disabled, a cold and damp bedroom may feel very unpleasant. For someone with a breathing problem, arthritis, or a weak immune system, the same room can cause serious, lasting harm. Courts and tribunals have known this for a long time.

When working out compensation in a housing disrepair claim, the effect on you as a person is looked at. Think of a tenant with asthma, a child with eczema, or an at-risk adult living with mould that will not go away. They are likely to get more compensation than someone without those problems. This is because the harm done is greater.

What evidence helps

A letter from your doctor or consultant is some of the most useful evidence you can get. It should confirm what is wrong with you. It should explain how the disrepair is harming your health. These things also help:

• Medical records showing symptoms that got worse while you lived in the property
• Records of any change in your medicine or treatment during the time of disrepair
• Letters, emails or messages where you told your landlord about your disability or health condition

You do not need a formal diagnosis to be protected. The Equality Act covers conditions that have a big, long-term effect on your ability to do normal daily things.

The Housing Health and Safety Rating System

Your council has an environmental health team. They can check your home under the Housing Health and Safety Rating System (HHSRS). When they do, they take account of how at-risk the people living there are. A hazard may score as Category 2 in a home with a healthy adult. The same hazard may score as Category 1 in a home where a disabled person, an older person, or a child lives.

When you ask for an inspection, tell the environmental health team about your household's health needs. Ask them to take this into account in their check.

Social tenants and Awaab's Law

If you rent from a council or housing association, Awaab's Law protects you. Your landlord must look into a serious damp and mould hazard within 10 working days. They must send you a written summary within 3 working days. They must complete work to make the home safe within 5 working days of the check ending. Bigger follow-on jobs must start within 12 weeks. An emergency must be made safe within 24 hours. If there is a health risk, the work must be done faster. This includes homes where a disabled or at-risk tenant lives.

What to do now

Write to your landlord. Explain the disrepair and how it is harming your health. Mention your disability or health condition. Ask them to reply in writing. Ask them to set out how long the repair will take.

Keep a copy of your letter and any reply. If they do not reply, or do not 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, give us a call. You can also call if you want to know how your health condition might change 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