If you live in a council property with ongoing repair problems, you may be wondering whether you can make a council housing disrepair claim and what you need to do first.
Council landlords have legal responsibilities to maintain their properties. A repair does not automatically become a disrepair claim simply because something has broken, but problems can become more serious when the council knows about them and fails to take appropriate action within a reasonable time.
This guide explains the process step by step, the evidence you should keep, when complaints should be escalated and when it may be worth getting advice about a housing disrepair claim.
What counts as council housing disrepair?
Housing disrepair generally involves defects or poor conditions that the landlord is responsible for repairing.
Common examples include leaking roofs or pipes, penetrating damp, mould linked to defects in the property, broken heating or hot water systems, defective windows or external doors, unsafe electrics, drainage problems, damaged plaster caused by leaks, structural cracking and problems affecting essential sanitation.
Not every maintenance issue will amount to actionable disrepair. The cause of the problem, the landlord’s responsibility for it, how long the council has known about it and what the council has done in response can all matter.
In England, section 11 of the Landlord and Tenant Act 1985 places repairing obligations on landlords covering areas including the structure and exterior and installations for water, gas, electricity, sanitation, space heating and hot water. The fitness for human habitation provisions also give qualifying tenants rights where their rented home is not reasonably suitable to live in.
In Wales, the law is different. Council tenants are generally known as contract-holders under the Renting Homes (Wales) Act 2016. Sections 91 and 92 require landlords to keep qualifying homes fit for human habitation and keep important parts of the property and essential installations in repair.
Step 1: Report the repair to the council
One of the most important parts of a potential housing disrepair claim is showing that the council knew about the problem.
Report the issue as soon as possible using the council’s official repairs system. Where possible, create a written record.
If you report a problem over the telephone, ask for a repair reference number and make a note of the date, time and what you were told. Following the call with an email can create an additional record.
Be specific about the problem.
Instead of simply reporting “damp”, explain where the damp is located, how large the affected area is, whether mould is developing, whether belongings have been damaged and whether the condition is getting worse.
If water is entering the property, explain where it appears to be coming from and whether it is affecting electrics, ceilings, walls or flooring.
The clearer the report, the harder it becomes for the seriousness of the problem to be misunderstood later.
Step 2: Start collecting evidence
You do not need to wait until you are thinking about making a claim before collecting evidence.
Take photographs and videos showing the condition of the property. Try to take new photographs periodically if the problem continues or deteriorates.
Keep repair reference numbers, emails, text messages, letters, screenshots from repair portals and details of appointments.
If contractors attend, record when they visited, what they inspected, what work they carried out and what they told you.
If a repair is marked as completed but the problem remains, record that as well.
A simple timeline can become extremely useful. It may show that a problem was first reported months ago, several appointments were booked, temporary repairs failed and the underlying defect remains unresolved.
Step 3: Give the council an opportunity to deal with the problem
For many ordinary repairs there is no universal rule saying that every council repair must be permanently completed within a particular number of days.
The council will normally be expected to act within a reasonable period after becoming aware of the problem. What is reasonable will depend on the circumstances.
A dangerous electrical fault, major leak or serious heating failure may require much faster action than a minor non-urgent defect.
The seriousness of the problem can also change. A small leak that develops into significant water damage, mould or an electrical risk should be reported again so the landlord is aware that the situation has deteriorated.
Awaab’s Law gives some social housing tenants stricter deadlines
Council tenants in England now have additional protection under Awaab’s Law for certain hazards.
As of August 2026, potential emergency hazards must be investigated and, where an emergency hazard is identified, relevant safety work must be completed within 24 hours.
Potential significant damp and mould hazards must generally be investigated within 10 working days. Where a significant hazard is identified, the landlord must make the home safe within five working days after the investigation concludes and normally provide a written summary of its findings within three working days.
If the property cannot be made safe within the required period, the social landlord must secure suitable alternative accommodation at its expense.
These rules do not mean every small repair or patch of condensation automatically qualifies for the Awaab’s Law deadlines. The nature and seriousness of the hazard matter.
Awaab’s Law currently applies to social housing in England. Wales has its own housing legislation and repair obligations.
Step 4: Make a formal complaint if repairs are being ignored
Repeatedly reporting the same repair is not always enough.
If the council has had an appropriate opportunity to deal with the problem and it remains unresolved, consider making a formal complaint.
Explain when the repair was originally reported, what has happened since, what remains outstanding and how the conditions are affecting your household.
Ask the council to confirm what it intends to do and when.
This is different from simply submitting another repair request.
In England, council housing complaints normally go through the landlord’s complaints procedure before an unresolved complaint can be taken to the Housing Ombudsman. Government guidance specifically confirms that council tenants can complain to their council and then contact the Housing Ombudsman where the issue remains unresolved.
For council housing in Wales, you should normally complain to the landlord first and follow its formal complaints procedure. If the issue remains unresolved, the Public Services Ombudsman for Wales may be able to consider the complaint.
Step 5: Keep recording what happens after the complaint
Do not stop collecting evidence because you have made a formal complaint.
Take photographs of any deterioration.
Keep copies of complaint responses.
Record missed appointments.
If contractors carry out work that does not solve the underlying problem, photograph the condition afterwards.
If the council closes a repair while the defect remains, challenge it in writing.
If damp or mould returns after being cleaned or painted over, record when it came back.
For a housing disrepair claim, the history of what happened can sometimes be just as important as photographs of the current condition.
Step 6: Consider getting advice about a council housing disrepair claim
Where serious repair problems remain unresolved after being reported, it may be worth obtaining advice about whether you have grounds to pursue a housing disrepair claim.
A potential claim will usually need more than evidence that something in the property is broken.
Relevant questions may include whether the council is legally responsible for the defect, when it became aware of the problem, whether it had a reasonable opportunity to act, whether the problem is still ongoing, how serious the conditions are and what evidence is available.
In England, the Pre-Action Protocol for Housing Conditions Claims provides a formal framework for many housing conditions claims before court proceedings are issued. Its aims include encouraging repairs, early exchange of information, appropriate compensation and resolving disputes without unnecessary litigation. The current protocol applies to residential properties in England.
The legal procedure in Wales is different, so tenants should not assume that an English housing disrepair process or piece of legislation automatically applies to a Welsh council property.
What happens after a housing disrepair claim starts?
The exact process depends on the circumstances of the case.
Further information may be obtained about the repair history and the landlord’s response. An inspection may also be required to establish the nature of the defects, what repairs are necessary and whether previous work has adequately dealt with the problem.
The objective is not simply compensation.
Where a landlord is responsible for unresolved disrepair, putting the property into an appropriate state of repair can be a major part of the outcome.
Depending on the circumstances, compensation may also be considered for matters such as inconvenience, loss of enjoyment of the property, damage to belongings or other losses caused by the conditions.
There is no automatic compensation figure simply because disrepair exists. The amount and type of compensation available depend on the individual circumstances and evidence.
Should you stop paying rent because the council has not repaired your home?
Generally, no.
Outstanding repairs do not automatically give a tenant the right to stop paying rent.
Withholding rent can create arrears and potentially create a completely separate problem with the tenancy.
If you are considering withholding rent or taking any other significant action against your landlord, obtain appropriate housing or legal advice first.
What makes a council housing disrepair claim stronger?
A long delay by itself does not guarantee that a claim will succeed.
The clearest cases tend to have a documented repair problem, evidence that the landlord was told about it, an unreasonable failure to properly resolve it and evidence showing that the defect continued.
This is why repair reference numbers, photographs, messages and a simple repair diary are so valuable.
Tenants sometimes believe they have very little evidence because most conversations happened by telephone. Do not assume this automatically prevents you from seeking advice. Start gathering what you have and create a timeline while the events are still fresh.
Repairs completed badly still matter
A landlord does not necessarily meet its obligations simply by sending a contractor to the property.
The important question is whether the actual problem has been properly addressed.
If a leaking roof is patched but continues leaking, mould is repeatedly painted over without dealing with the moisture source or damaged plaster is replaced while water is still entering the property, the underlying problem may remain.
Continue reporting failed repairs and keep evidence showing that the defect has returned.
Need help with unresolved council housing repairs?
If you are a council tenant and serious repair problems have been reported but remain unresolved, Housing Disrepair Advice can help you understand what options may be available.
The first step is establishing what the problems are, how long the council has known about them, what action has already been taken and whether the defects are still ongoing.
Where appropriate, your circumstances can then be assessed to determine whether further action or a housing disrepair claim may be suitable.
Do not leave serious problems unreported while waiting for conditions to become worse. Report them, keep evidence and give your landlord the opportunity to put things right.
If that does not happen, you may have further options.
This article provides general information and is not a substitute for individual legal advice. Housing law and claim procedures differ between England and Wales and the appropriate action will depend on your circumstances.