New Year, Same Disrepair?

Individuals

6/1/26

4
Min
Housing disrepair can worsen in winter, damp and mould, leaks, heating failures and electrical hazards. Luke Chorley, Head of Housing Disrepair at Complex Law, explains tenants’ rights, how to report issues properly, and how we can help secure repairs and compensation. As in reality too many tenants face issues such as rapidly spreading damp and mould, worsening leaks, unsafe electrics, and broken heating all of which can impact physical and mental health.

Luke Chorley is a specialist housing solicitor and the Head of Housing Disrepair at Complex Law. He leads our team supporting tenants living in unsafe or unhealthy conditions, helping them secure urgent repairs and, where appropriate, compensation for the disruption, distress, and damage caused by disrepair.

In the blog below, Luke explains why housing disrepair can become even more severe through the winter months, what issues typically fall within a landlord’s legal responsibilities, and the practical steps tenants should take to report problems and protect their position. He also outlines how Complex Law can help, from an initial, no-obligation assessment through to instructing expert surveyors and progressing claims to get repairs completed as quickly as possible.

As we roll into 2026, many of us look to enter with a fresh start for us and our families; we look forward to a year that we hope will bring health and happiness.

Unfortunately, this can prove impossible for those living in rented accommodation where disrepair blights their home. Even worse, as we roll into the extremities of the winter months the disrepair can prove more extensive and uncomfortable; leaks gush rather than poor, damp and mould rapidly spread, and a defective boiler can have what feels like torturous consequences. These defects can cause low mood, mental distress, poor health, and in the worst case scenarios result in fatalities. It is essential that landlords act fast in ensuring repairs are completed, and with new legislation coming into force late 2025, tenants have further resources and statutory rights in ensuring that repairs are completed in a timely manner.

What can we help with?

Whilst small cracks and peeling paint are irritating, these issues are not generally within the remit of landlords’ obligations to rectify. Disrepair in the legal sense generally refers to issues such as:

·        Damp, mould or condensation that keeps returning

·        Faulty heating or long-term boiler issues

·        Water leaks from roofs, gutters or pipes

·        Electrical hazards or unsafe wiring

·        Damaged windows, doors or structural issues

·        Infestations such as rodents or insects

Should you be experiencing these issues, it is essential that you report them to your landlord as soon as possible; indeed, you are under an obligation to do so. We recommend that you report defects in writing and keep a copy of the report for your records. Should you need to report via the telephone, keep a log of who you spoke to, the date you reported the defect, and the nature of the defect reported. An accurate contemporary record of complaints will be of great assistance should your landlord fail to complete repairs within a timely manner.

Can Complex Law assist?

Complex Law can assist you by:

·        Completing a no obligation call to vet your claim;

·        Instruct expert surveyors who are experienced in housing disrepair litigation;

·        Bring a claim against your landlord to have repairs completed;

·        Seek compensation for the loss and inconvenience caused by the disrepair; and

·        Seek compensation for any damage to your possessions caused by the disrepair.

Our dedicated team are highly experienced in dealing with housing disrepair claims and will be able to support you every step of the way. We also have access to panels of highly regarded surveyors and barristers who may need to be instructed along the way to assist you in having repairs completed.

FAQ

Q) How long will a housing disrepair claim take?

A) Typically, a housing disrepair claim will take between 6-18 months to conclude. However, should court proceedings need to be issued due to your landlord refusing to complete repairs, it could take longer. It is important to remember that just because you have brought a claim, it does not mean your landlord cannot complete repairs before the claim concludes.

Q) How much compensation will I get?

A) Each case is valued in reference to their individual facts – no two cases are the same. Factors to consider are the length of time the landlord has been aware of the disrepair, any factors where the tenant has contributed to the disrepair, and the extent of the disrepair at the property.

Q) Will I get evicted if I make a claim?

A) Your landlord cannot evict you on the sole basis that you have brought a disrepair claim.

Q) How much will bringing a housing disrepair claim cost?

A) We retain the majority of our housing clients on a Conditional Fee Agreement (commonly known as a ‘no win, no fee’ agreement).This means that we do not charge you anything as your case progresses, including surveyors’ fees, barristers’ fees, or solicitors’ fees. Should your case be successful, we deduct a success fee from your compensation.

Q) What sorts of defects can I bring a housing disrepair claim for?

A) This area of law is complex, and there are all sorts of types of defects for which you can bring a claim. Below are some common examples:

·        Damp, mould or condensation that keeps returning

·        Faulty heating or long-term boiler issues

·        Water leaks from roofs, gutters or pipes

·        Electrical hazards or unsafe wiring

·        Damaged windows, doors or structural issues

·        Infestations such as rodents or insects

Q) What do I need to prove my housing claim?

A) There are a variety of factors, but the two primary pieces of evidence you will need is proof that there is actionable disrepair (a surveyor will usually determine this), and evidence that you have reported the disrepair.

Q) What if I do not have evidence I have reported disrepair?

A) We will obtain your housing records from your landlord. The Housing Ombudsman require landlords to keep accurate records of all repair requests.

Q) Can I bring a disrepair claim if I have done so previously?

A) It depends – you will need to speak to one of our solicitors to discuss this further.

If you think you may have a claim, please feel free to enquire with us.

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