Housing Disrepair Claims - Can You Sue Your Landlord?

If you are living in a rented home plagued by damp, mould, leaks, broken heating or dangerous wiring, and your landlord has ignored your requests to put things right, you may have a housing disrepair claim. In England and Wales, both private and social tenants have legal rights to a safe, well-maintained home. This guide explains what counts as disrepair, the laws that protect you, how to make a claim against your landlord, what compensation you may recover, and the practical steps to force repairs and hold your landlord to account.

MCR Solicitors is a Manchester-based law firm helping tenants across the UK take action against landlords who fail in their legal duties. If you would rather speak to someone now, call our team on 0161 466 1280.

What is a housing disrepair claim?

A housing disrepair claim is a legal action brought by a tenant against a landlord who has failed to carry out repairs they are legally responsible for. The claim can seek two things: an order compelling the landlord to carry out the outstanding repairs, and compensation for the harm the disrepair has caused you, including damage to your health, damage to your belongings, and the reduced enjoyment of your home.

The key point is that the landlord must have known about the problem (or ought reasonably to have known) and failed to fix it within a reasonable time. A claim is not about problems the landlord could not have anticipated; it is about a failure to act once repairs became their responsibility.

Your landlord's legal repair obligations

Several overlapping laws set out what your landlord must keep in repair. You do not need to understand every provision, but it helps to know where your rights come from.

Landlord and Tenant Act 1985 (Section 11)

This is the cornerstone of most residential tenancies. Under Section 11, landlords of properties let on short leases (broadly, tenancies of less than seven years) must keep in repair:

• The structure and exterior of the property, including walls, roof, windows, drains, gutters and external pipes.
• The installations for the supply of water, gas, electricity and sanitation, including basins, sinks, baths and toilets.
• The installations for space heating and heating water, such as boilers and radiators.

These obligations cannot be signed away in your tenancy agreement. Any clause that tries to make the tenant responsible for these repairs is generally unenforceable.

Homes (Fitness for Human Habitation) Act 2018

This Act amended the Landlord and Tenant Act 1985 and gives tenants a direct right to take their landlord to court if their home is not fit to live in. A home may be considered unfit if serious problems make it unsafe or unhealthy, taking into account issues such as damp and mould, unsafe layout, inadequate ventilation, lack of hot or cold water, drainage and sanitation problems, and hazards assessed under the Housing Health and Safety Rating System (HHSRS). Importantly, this route lets you claim even where a landlord might argue a specific item is not technically in "disrepair" but the home is nonetheless unfit.

Defective Premises Act 1972 (Section 4)

Where a landlord is responsible for maintenance and their failure causes personal injury or damage to property, this Act can provide an additional route to compensation, including in some cases to visitors and household members who are not the tenant.

Environmental Protection Act 1990

If disrepair is so bad that it amounts to a statutory nuisance that is prejudicial to health, you (or your local council's environmental health team) can take action in the Magistrates' Court. This is a separate route from a civil disrepair claim and can be useful where conditions are seriously affecting your health.

Awaab's Law and social housing

Following the tragic death of Awaab Ishak, the Social Housing (Regulation) Act 2023 introduced "Awaab's Law", which is being phased in and sets strict timescales for social landlords to investigate and fix hazards such as damp and mould. The rules and timescales are being introduced in stages, so if you are a social housing tenant you should check the current requirements on gov.uk or ask a solicitor about what applies to your situation now.

What counts as disrepair?

Common problems that can form the basis of a housing disrepair claim include:

• Damp and mould caused by structural defects, penetrating damp, rising damp or a failure of ventilation.
• Water leaks from roofs, pipes, plumbing or a neighbouring flat that the landlord is responsible for.
• Broken heating and hot water, including faulty or condemned boilers.
• Structural problems such as cracked walls, rotten window frames, defective doors or a leaking roof.
• Faulty electrics and dangerous wiring.
• Broken sanitation such as blocked drains, leaking toilets or defective baths and sinks.
• Pest infestations where they result from a disrepair issue the landlord should have addressed, such as gaps in the structure.

Not every problem is the landlord's responsibility. Damage caused by the tenant's own actions, or condensation caused purely by lifestyle where the property is otherwise sound and adequately ventilated, may not give rise to a claim. A solicitor or independent surveyor can help establish the true cause.

Can I claim if I caused the damage or fell into arrears?

You can still have a valid disrepair claim even if you are behind on your rent, and being in arrears does not remove your landlord's repair obligations. However, if the damage was genuinely caused by you or someone in your household, that part of the problem is unlikely to be the landlord's responsibility. Where condensation and mould are involved, the cause is often disputed, and independent expert evidence is usually needed to determine whether the underlying issue is structural.

How to make a housing disrepair claim: step by step

1. Report the problem to your landlord in writing

Your landlord is generally only liable once they know about the disrepair. Always report problems in writing (email, letter or a landlord's app that keeps a record) and keep copies. Describe the problem, its location and the effect it is having, and ask for it to be repaired. This creates a clear record of when the landlord was put on notice.

2. Give the landlord a reasonable opportunity to repair

The law expects landlords to carry out repairs within a reasonable time. What is reasonable depends on how serious and urgent the problem is; a dangerous electrical fault or no heating in winter demands a far quicker response than a minor cosmetic issue. If the landlord ignores you or does not complete the work, keep chasing in writing.

3. Gather evidence

Strong evidence is the foundation of a successful claim. Collect:

• Photographs and videos of the disrepair, dated where possible.
• Copies of every report you have made and every response from the landlord.
• A note of dates, missed appointments and phone calls.
• Medical records or a GP letter if your health has been affected, for example by mould aggravating asthma.
• Receipts or evidence for belongings that have been damaged, such as furniture, clothing or carpets.

4. Get expert advice and a survey

A solicitor can arrange for an independent surveyor to inspect the property and produce a report on the disrepair, its cause and the cost of repairs. This expert evidence is often decisive in proving the claim.

5. The Pre-Action Protocol

Housing disrepair claims in England are governed by the Pre-Action Protocol for Housing Conditions Claims. This sets out the steps both sides should take before court proceedings begin, including a formal Letter of Claim to the landlord, a period for the landlord to respond and to allow inspection, and the disclosure of relevant documents. Following the protocol encourages early settlement and can affect who pays the legal costs if the matter reaches court. Your solicitor will manage this process for you.

6. Court proceedings, if necessary

Most disrepair claims settle without a final hearing once the landlord understands the strength of the evidence. If the landlord still refuses to act, court proceedings can be issued seeking an order for the repairs to be carried out and compensation. A court can order the landlord to complete specified works by a deadline.

What compensation can you claim?

Compensation in a housing disrepair claim usually falls into two categories:

• General damages for the discomfort, inconvenience and loss of enjoyment of your home, and for any personal injury or ill health caused by the conditions. This is often assessed as a proportion of the rent for the period you had to live with the disrepair, with more serious cases attracting higher awards.
• Special damages for specific financial losses you can prove, such as damaged furniture, carpets, clothing or electrical items, higher heating bills caused by an inefficient or broken system, and the cost of alternative accommodation if you had to move out.

The amount depends on the severity of the disrepair, how long it lasted, and how badly it affected you. It is not possible to give a reliable fixed figure in advance because every case turns on its own facts; a solicitor can give you a realistic assessment once they have reviewed your evidence.

Time limits for housing disrepair claims

Strict time limits apply under the Limitation Act 1980. In general, a claim for breach of the landlord's repairing obligation (a contract claim) must be brought within six years, while a claim for personal injury caused by disrepair must usually be brought within three years of the injury or of when you became aware of it. Because the exact starting point can be complex, and because you can often still claim for ongoing disrepair, you should seek advice as soon as possible rather than assuming you are out of time.

Can my landlord evict me for complaining?

Many tenants worry that raising a complaint will lead to eviction. So-called "retaliatory eviction" (where a landlord tries to remove a tenant for asking for repairs) is discouraged by law, and there have historically been protections restricting the use of Section 21 "no-fault" notices where a tenant has complained about conditions. The law in this area is changing significantly, and reforms to tenants' security of tenure and no-fault eviction are being introduced. Because the rules are in transition, you should check the current position on gov.uk or take advice on how the latest reforms affect your specific situation. A solicitor can advise you on your protection from eviction before you take action.

How much does it cost to make a claim?

Many housing disrepair claims are handled on a "no win, no fee" basis (a Conditional Fee Agreement), meaning you generally pay nothing upfront and no fee if the claim is unsuccessful. Court fees and other charges may apply depending on how the case proceeds, and the precise terms will be explained to you before you commit. Contact MCR Solicitors to find out whether your claim can be funded this way.

Why choose MCR Solicitors?

Our team understands how distressing it is to live in a home that is damp, cold or unsafe, and how frustrating it is when a landlord will not listen. We deal with landlords, letting agents and social housing providers on a daily basis, we arrange independent expert surveys, and we handle the Pre-Action Protocol and any court proceedings on your behalf so you can focus on getting your home put right.

If your landlord is ignoring repairs, do not put up with it. Call MCR Solicitors on 0161 466 1280 for a confidential, no-obligation discussion about your housing disrepair claim, or contact us through our website to arrange a call back.

Frequently asked questions

How long does a housing disrepair claim take?

It varies. Straightforward cases where the landlord cooperates and carries out repairs can be resolved in a matter of months, while contested claims that require expert evidence and court proceedings can take longer. Following the Pre-Action Protocol often leads to earlier settlement. Your solicitor can give you a clearer timescale once they have assessed your case.

Can I claim against a council or housing association?

Yes. Social landlords, including local councils and housing associations, have the same core repairing obligations as private landlords, and social tenants can bring disrepair claims. Additional protections such as Awaab's Law timescales for hazards like damp and mould are being introduced for social housing, so check the current rules on gov.uk or ask a solicitor.

Do I have to move out to make a claim?

No. Most tenants remain in their home throughout the claim. In fact, one of the main aims of a disrepair claim is to force the landlord to carry out the repairs so that the property becomes safe and comfortable to live in. If conditions are dangerous, your solicitor can advise on your options, including alternative accommodation.

What if my landlord fixes the problem after I complain?

You may still be entitled to compensation for the period you had to live with the disrepair before it was fixed, and for any damage to your belongings or health during that time. Repairs being completed does not automatically cancel your right to claim for the past harm caused.

Is condensation and mould the landlord's responsibility?

It depends on the cause. Where mould results from a structural defect, penetrating or rising damp, or inadequate ventilation that the landlord should have addressed, it is likely to be their responsibility. Where it results purely from the way the property is used, it may not be. Independent expert evidence is usually needed to establish the underlying cause.

How do I start a claim with MCR Solicitors?

Simply call us on 0161 466 1280 or contact us through our website. We will discuss what has happened, review your evidence, explain your options and, where appropriate, arrange a survey and handle the claim on your behalf, often on a no win, no fee basis.