If your rented home has serious repair problems that your landlord knows about but has failed to properly resolve, you may be wondering whether you have grounds for a housing disrepair claim.
Problems such as persistent damp and mould, leaking roofs, broken heating, defective electrics, damaged windows, plumbing problems or structural defects can sometimes amount to housing disrepair.
However, having something wrong with your property does not automatically mean you have a claim. The circumstances matter, including what the problem is, whether the landlord is responsible for repairing it, whether they have been told about it and what they have done since.
In this guide, we explain what can count as housing disrepair, what evidence you should keep and what you should do first if repairs are being ignored.
What is housing disrepair?
Housing disrepair generally refers to defects or repair problems within a rented property that fall within the landlord’s repairing responsibilities.
Common examples can include:
- Damp and mould caused by defects such as leaks or water penetration
- Leaking roofs, ceilings or pipework
- Broken or unreliable heating
- Problems with hot water
- Faulty electrical installations
- Rotten or damaged windows and doors
- Cracked walls or structural defects
- Broken toilets, sinks or other sanitation facilities
- Defective drains, gutters or external pipes
- Water ingress
- Damaged flooring or ceilings caused by an underlying defect
The important point is that the underlying cause matters.
For example, simply finding mould in a room does not necessarily prove that a landlord has breached their responsibilities. Where mould is being caused by a leaking roof, defective brickwork, damaged pipework or another repair issue, however, that may be very different.
What are landlords responsible for repairing?
For many rented homes in England, Section 11 of the Landlord and Tenant Act 1985 places repairing obligations on landlords covering areas including the structure and exterior of the property and installations for water, gas, electricity, sanitation, space heating and hot water.
English tenants may also have rights relating to whether the property is fit for human habitation under the Landlord and Tenant Act 1985. The Housing Conditions Pre-Action Protocol specifically recognises claims involving Sections 9A and 11 of that Act.
The law in Wales is different.
Under the Renting Homes (Wales) Act 2016, landlords have duties relating both to repair and to whether a dwelling is fit for human habitation. Welsh Government guidance explains that repairing duties include the structure and exterior, drains and gutters, and installations for water, gas, electricity, sanitation, heating and hot water.
So although tenants in England and Wales can both have important rights when their homes fall into disrepair, the precise legal framework is not identical.
Does the landlord need to know about the problem?
This is one of the most important parts of a potential housing disrepair claim.
In most situations, you should make sure the landlord or housing provider knows that the repair problem exists.
The official Pre-Action Protocol for Housing Conditions Claims in England says tenants should ensure their landlord is aware of the poor housing conditions before using the Protocol. It is intended for cases where the landlord knows about the conditions but they remain unresolved.
The equivalent housing disrepair protocol for Wales similarly says tenants should ensure their landlord is aware of the disrepair before pursuing the process.
That means reporting repairs properly is extremely important.
If possible, report problems in a way that leaves a record, such as:
- Your landlord or council’s online repair portal
- Text messages
- WhatsApp messages
- Written letters
- Repair reference numbers
- Complaint reference numbers
If you report something by telephone, write down the date, approximate time and what you were told.
What if the landlord has attempted a repair?
An attempted repair does not necessarily mean the matter is finished.
Sometimes tenants experience repeated temporary fixes without the actual cause of the problem being resolved.
For example, somebody may:
- Paint over mould without dealing with water penetration
- Patch a leaking ceiling without repairing the source of the leak
- Reset a faulty boiler repeatedly rather than addressing the underlying fault
- Mark a repair as complete even though the problem remains
The question is not simply whether somebody attended the property.
What matters is whether the problem has actually been dealt with appropriately.
In Wales, government guidance states that once a landlord is aware of a repair requirement, repairs must be carried out within a reasonable time and to a reasonable standard.
How long does a landlord have to complete repairs?
There is no single universal deadline that applies to every repair.
A serious loss of heating during winter is obviously very different from a minor defect that creates little immediate risk.
The urgency will depend upon factors including:
- The seriousness of the defect
- Whether there is a health or safety risk
- Whether essential facilities are affected
- The people living in the property
- What work is required
- How long the landlord has known about the problem
Welsh Government guidance gives the useful example that a burst pipe or broken boiler would reasonably be expected to receive more urgent attention than a dripping tap.
For tenants, the practical lesson is simple: keep a timeline.
The longer an unresolved problem continues after it has been reported, the more important that history may become.
What evidence should you keep for a housing disrepair claim?
Evidence can be extremely important.
Do not wait until months later and try to remember everything that happened.
Start creating a record while the problem is happening.
Useful evidence may include photographs and videos showing the condition of the property, screenshots of repair reports, emails and messages, repair reference numbers, complaint correspondence and records of missed appointments.
It can also help to keep notes of when problems first appeared, when they were reported, when somebody attended and whether repairs actually solved the issue.
The official Housing Conditions Pre-Action Protocol expects information about the defects, their history, notice given to the landlord and their effect on the tenant to form part of a claim.
A simple repair timeline might look like this:
5 January: Leak first appeared in bedroom ceiling.
6 January: Reported through landlord’s repair portal. Reference 12345.
15 January: Contractor attended but said further work was required.
2 February: Leak returned during heavy rain.
3 February: Reported again and sent photographs.
20 February: Repair marked as completed.
25 February: Ceiling still leaking.
Something this simple can become extremely useful later.
Can housing disrepair affect compensation?
A housing disrepair claim can involve more than simply asking for the repair to be completed.
Depending on the facts of an individual case, compensation may potentially be considered for matters arising from the condition of the property and the impact it has had.
That does not mean every tenant experiencing a repair problem will receive compensation, and no responsible adviser should guarantee an amount before the circumstances have been assessed.
Factors can include the seriousness of the disrepair, how long it continued, how much of the property was affected and the evidence available.
The Housing Conditions Pre-Action Protocol itself aims both to encourage appropriate remedial works and to help tenants receive any compensation to which they are entitled without unnecessary delay.
What should you do first?
If you believe you may have a housing disrepair problem, start with three things:
Report it. Document it. Keep chasing it.
Make sure the landlord knows about the problem.
Take clear photographs and videos.
Keep every repair reference, email, message and appointment record you can.
If contractors attend but the problem remains, photograph the condition afterwards as well.
And if you have reported serious ongoing problems repeatedly and nothing is changing, it may be worth getting advice about your circumstances.
What if you are worried about making a complaint?
Some tenants hesitate to keep complaining because they do not want to be seen as difficult.
But reporting genuine repair problems is important.
Your landlord cannot fix something they genuinely do not know about, and a clear reporting history can also become important if the situation remains unresolved.
Keep communications factual.
Explain what is wrong, where it is happening, when you first noticed it and whether it is getting worse.
Where appropriate, explain the impact the problem is having on the household.
When should you seek housing disrepair advice?
You may want to seek advice if significant repair problems remain unresolved despite being repeatedly reported.
Before contacting an adviser, gathering the following can make the initial assessment easier:
Your tenancy or occupation-contract details, the name of your landlord, photographs or videos, repair references, a rough timeline and copies of relevant messages or emails.
You do not need to create a perfect legal file.
You simply need enough information to explain clearly what has happened.
Get help with ongoing housing disrepair
If you are living with ongoing repair problems that you have repeatedly reported, Housing Disrepair Advice can help you understand your options.
We can look at what has happened, the condition of the property and the evidence you currently have before discussing what may happen next.
Every situation is different, so eligibility and any potential legal claim will depend on the individual circumstances.
Visit Housing Disrepair Advice to find out more and request an assessment.