Housing disrepair claims

Your landlord has a legal duty to maintain the property they rent to you, meeting the standards for safe, healthy and liveable conditions. If they have failed to do so, and you're living in a home that is damp, mouldy, cold, infested, or otherwise unfit, the law is on your side. You may be able to obtain a court order forcing repairs and compensation for the time you've spent living in substandard conditions. This guide outlines what the law requires, what counts as housing disrepair, and how to take action.

What counts as housing disrepair?

Housing disrepair refers to any defect in a rented property that the landlord is responsible for but has failed to repair within a reasonable time after being notified. It covers a wide range of issues, from structural problems to failures in essential services.

The most common forms of disrepair include:

• Damp and mould caused by structural defects (leaking roofs, failed damp-proof courses, poor insulation)
• Broken or inadequate heating systems
• Water leaks from roofs, walls, or plumbing
• Defective windows and doors that let in water or cold air
• Unsafe or outdated electrical installations
• Pest infestations resulting from structural defects
• Broken or dangerous staircases and flooring
• Failures in shared or communal areas

The key legal test is whether the landlord knew (or should have known) about the problem and failed to fix it within a reasonable timeframe. "Reasonable" depends on the severity. A total heating failure in January demands faster action than a cracked tile in summer.

Who is responsible - the tenant or the landlord?

Understanding the split of responsibilities between tenants and landlords is important when assessing whether you may have a valid claim. Generally speaking, the landlord is responsible for the structure and services, while the tenant is responsible for day-to-day care.

Tenants may sometimes be responsible for certain repairs or maintenance, such as mowing lawns, if explicitly mentioned in the tenancy agreement. However, a tenancy agreement cannot override the landlord's statutory obligations.

How can I prove disrepair in a rented property?

To make a successful housing disrepair claim, you'll need to gather solid evidence of the poor condition of the property you're living in. The good news is that this is a relatively straightforward process, and you may already have much of the proof you need.

Photos and videos

Photographs and videos that clearly show damage or disrepair are important evidence for any claim. Document the disrepair clearly and regularly, showing how it develops over time. A single photo of a damp patch is useful; a series of photos taken over several months showing it spreading is even more powerful.

Written reports

Keeping a record of any communication with your landlord regarding disrepair issues is important proof that they were aware of the problem from a specific date. This can include letters, emails, or messages, as well as reports via an online repair or support platform if one exists.

Medical evidence

If your health (or the health of a family member) has been affected by the disrepair, then medical records noting the conditions you've suffered or medications you have been prescribed can be important evidence for assessing a compensation claim.

Additional costs

If you've incurred costs due to housing disrepair, keep detailed notes and receipts. This could include items such as a dehumidifier to combat damp or mould, the cost of running a portable heater when the central heating fails, or replacing belongings damaged by leaks or pests.

Independent reports

An independent survey or inspection report can provide objective evidence of the condition of the property and the cause of the disrepair. We can help you assess if this is necessary and arrange a professional inspection as part of the claims process.

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