Housing Disrepair

Overview

Housing disrepair refers to situations where rented properties, whether social housing or private, are in poor condition due to a landlord’s failure to carry out necessary repairs. Following the implementation of the Renters’ Rights Act 2025 on 1 May 2026, private tenants now have significantly stronger protections; because “no-fault” Section 21 evictions are abolished, they can request repairs without fear of retaliatory eviction. When tenants experience issues with disrepair that affects their health, safety, or comfort, they can take steps to resolve the problem, which may involve legal action if the landlord does not address the issues adequately.

What is Housing Disrepair?

Housing disrepair occurs when a property rented by a tenant falls into an unsafe or unsuitable state due to the landlord’s failure to maintain it, meaning the property is no longer “fit for human habitation.” This includes problems such as:

• Damp and mold
• Structural defects
• Faulty heating or plumbing
• Broken windows or doors
• Unsafe electrical wiring
• Pest infestations

Landlords are legally required to ensure that the property is kept in good repair and that essential systems (like heating, water, and electricity) are functioning correctly. Additionally, Awaab’s Law introduced strict statutory timeframes for social landlords to investigate and repair severe hazards.

Initial Steps for Tenants: Reporting the Disrepair

If you are a tenant experiencing housing disrepair, follow these steps:

Report the Issue:

• Notify your landlord: Report the disrepair in writing, keeping a record of all communications. It’s important to provide clear details of the issues and request timely repairs. Under Awaab’s Law (the 10-day rule), social landlords are legally bound to investigate emergency hazards within 24 hours and significant hazards within 10 working days. (These rules are currently being extended to private renters in a phased rollout through late 2026 and beyond).
• Photographic Evidence: Take photos or videos of the disrepair as evidence.

Keep a Record:

• Document everything: Keep copies of letters, emails, and notes from any conversations with your landlord. Also, keep records of any expenses related to the disrepair, such as higher heating bills due to a broken boiler.

Escalating the Issue: Formal Complaint

If the landlord does not respond or refuses to make the necessary repairs, the next step is to escalate the issue:

Formal Complaint:

• Write a formal complaint: If initial reports are ignored, send a formal letter outlining the issue, what you’ve done to report it, and the lack of response. Set a reasonable deadline for the landlord to fix the problem.

Involve Local Authorities:

• Contact the Environmental Health Department: You can escalate the dispute without going to court by contacting the Housing Ombudsman or the new Private Rented Sector (PRS) Ombudsman. Furthermore, if the disrepair poses an immediate health and safety risk, you can contact your local council’s Environmental Health Department. They can inspect the property and may issue a statutory notice requiring the landlord to carry out repairs.

Legal Action: The Housing Disrepair Claim

If the landlord fails to act, tenants may need to pursue a housing disrepair claim (formally known as a Housing Conditions Claim) through the legal route:

Pre-Action Protocol:

• Letter Before Claim: Before filing a claim, tenants must send a Letter Before Claim under the Ministry of Justice’s Pre-Action Protocol, which outlines the history of the defects, the impact on the tenant, and any compensation sought.
• Landlord’s Response: The landlord should respond within a strictly specified time, which is exactly 20 working days, indicating whether they will address the disrepair, admit or contest liability, and provide a schedule of works.

Filing a Claim:

• County Court Claim: If the landlord doesn’t respond adequately to the 20-working-day deadline, you can file a claim in the County Court. The claim will outline the disrepair, the landlord’s failure to repair, and any damages or compensation sought.

Compensation:

• Damages and Compensation: If the court rules in your favor, you may receive compensation (special damages) for the inconvenience, damage to personal property, and any health issues caused by the disrepair. The court can also legally order the landlord to carry out the necessary repairs.

Possible Outcomes:

Repairs Ordered:

• Court Order: The court may issue an injunction ordering the landlord to carry out specific repairs within a legally binding specified timeframe.

Financial Compensation:

• Compensation Awarded: Tenants may receive financial compensation for their suffering, any property damage, and additional out-of-pocket costs incurred due to the disrepair.

Legal Aid and Support:

Tenants may be eligible for legal aid, particularly if they are on a low income and the disrepair is severe enough to pose a serious risk to their health and safety. Legal aid is heavily means-tested and merits-tested by the Legal Aid Agency; it can help cover legal costs and provide access to legal representation. If unavailable, tenants may explore “no win, no fee” conditional fee agreements with a solicitor.

Written on: 29 July 2026