Housing disrepair happens when a rented property has issues or damage that the landlord is legally responsible for fixing but has failed to repair. This can lead to unsafe or unhealthy living conditions, affecting a tenant’s health, well-being, and overall quality of life.
In this guide, we’ll explain what housing disrepair is, the most common issues tenants face, and the legal responsibilities of landlords. We’ll also cover how to report repairs, what to do if they’re ignored, and how tenants may be able to claim compensation for unresolved problems.
What is considered housing disrepair?
So, what is disrepair in housing? Housing disrepair occurs when a rented property is in a poor state. It requires maintenance or repairs that the landlord has failed to carry out. This includes issues that:
Make the property unsafe or not liveable.
Prevent the tenant from using the property as intended.
Cause damage to the tenant’s belongings or health.
Examples of housing disrepair might include:
Leaking roofs or broken windows.
Faulty heating or plumbing systems.
Mould and damp caused by structural defects.
Broken locks or insecure doors.
Electrical faults.
Types of housing disrepair issues
When a rented property falls into disrepair, it can create unsafe and unhealthy living conditions for tenants. Here are some of the most common housing disrepair issues that landlords are responsible for fixing:
Structural problems: Cracks in walls, unstable floors, or leaking roofs can weaken the building and make it unsafe to live in. If left unrepaired, these issues can lead to serious structural damage.
Damp and mould: Poor ventilation, leaks, or rising damp can cause mould growth, which can trigger allergies, respiratory issues, and asthma. Black mould, in particular, is a serious health risk.
Heating and hot water issues: A faulty boiler, broken radiators, or problems with water systems can leave tenants without heating or hot water, making the home uncomfortable and unsafe, especially in winter.
Electrical faults: Outdated wiring, broken sockets, flickering lights, or exposed wires can be a serious fire hazard and put tenants at risk of electric shocks.
Infestations: Problems like rats, mice, cockroaches, or bedbugs often result from poor building maintenance or gaps in walls, floors, or drainage systems that allow pests to enter.
Plumbing issues: Blocked drains, leaking pipes, faulty taps, or broken toilets can cause water damage, damp, and even sanitation issues, making the property unfit to live in.
Inadequate security: Broken locks, faulty doors, or windows that don’t close properly can make tenants feel unsafe and increase the risk of burglary or break-ins.
Who is responsible for disrepair?
A landlord is responsible for repairing a property when the issue falls under Section 11 of the Landlord and Tenant Act 1985 or if they have agreed to additional repairs in the tenancy agreement. These responsibilities apply unless the tenancy:
Has a fixed term of seven years or more
Started before October 24, 1961
Landlords cannot legally avoid their responsibilities or pass them onto tenants by adding unfair clauses in a tenancy agreement. Whether you rent from a private landlord, housing association, or local council, your landlord is responsible for keeping the property safe and in good condition.
What repairs are a landlord responsible for?
Landlords must repair and maintain essential parts of the property, including:
Electrical wiring: Keeping all wiring and sockets safe
Gas pipes and boilers: Ensuring heating and hot water systems work properly
Heating and ventilation: Fixing radiators, vents, and chimneys
Plumbing and drainage: Keeping sinks, baths, toilets, and drains in good working order
Structure and exterior: Repairing walls, roofs, stairs, and windows to prevent leaks and damage
Doors and windows: Fixing broken locks, frames, or glass to ensure security
What are a tenant’s responsibilities?
Under Section 11, tenants must use the property in a 'tenant-like manner', which means:
Using gas and electrical appliances safely: Following manufacturer instructions and reporting issues
Keeping the property clean and well-maintained: Regular cleaning and minor upkeep
Heating and ventilating the home properly: Preventing issues like damp and mould
Avoiding blockages in drains and pipes: Being mindful of what goes down sinks and toilets
Following tenancy rules on pets and smoking: Avoiding activities that could cause damage
Not carrying out hazardous activities: Avoiding damage to walls, flooring, or appliances
💡 Key takeaway: While landlords are responsible for major repairs, tenants must look after the property and report problems as soon as possible to prevent further damage.
How can a tenant report disrepair?
If tenants notice any disrepair in their rented property, they should report it to the landlord or letting agent asap. The steps to follow are:
Notify the landlord in writing: Provide details of the issue, including photographs or videos as evidence. Keep a copy of all communication.
Allow time for repairs: Landlords are usually required to address urgent repairs promptly. Landlords need to resolve non-urgent repairs within a reasonable timeframe.
Follow-up: If the landlord does not respond or take action, tenants can send a follow-up letter or email.
Contact the local council: If the landlord fails to act, tenants can report the issue to their local council. This will usually result in an enforcement order to carry out the work.
Seek legal advice: Tenants can seek legal advice from one of our housing disrepair solicitor if the issue isn't sorted. You could also consider making a housing disrepair claim to the local council or Housing Ombudsman.
How long should a repair take?
A landlord must carry out repairs within a reasonable time, but the exact timeframe depends on how serious the issue is. As soon as a problem is reported, a landlord should respond quickly and assess whether the repair is their responsibility. While there’s no set legal deadline, urgent issues that affect safety or make the property unlivable - like a broken boiler in winter or an electrical hazard - should be treated as a priority and fixed as soon as possible.
For less urgent repairs, such as minor leaks or faulty fixtures, landlords are still expected to arrange repairs within a reasonable timeframe to prevent further damage or inconvenience. If repairs are delayed for too long, tenants may have legal options to escalate the issue or seek compensation.
What is a housing disrepair claim?
A housing disrepair claim is a legal action taken by tenants when their landlord fails to address disrepair issues. It might be affecting their quality of life or damaging their belongings. Tenants can claim compensation for:
Physical inconvenience and discomfort.
Damage to personal property caused by the disrepair.
Any health problems resulting from the issues.
💡Editor's insight: "I recommend landlords answer and resolve any issues made by tenants as soon as possible. I find that in most cases claims are made where the landlord has ignored repeated requests. You should fix the problem and keep communication to stop legal action from occurring.”
How to make a housing disrepair claim
If tenants do a housing disrepair claim, the process involves:
Collect evidence: Gather photographs, videos, medical reports, or receipts. You can also sow damaged belongings to support your case.
Keep records: Save copies of all communication with the landlord. You should keep notes of any conversations or meetings about the issue.
Seek legal advice: Speak to a landlord solicitor or a housing specialist to build your case. They will consider your argument and look at evidence to inform you if you will have success in the case.
Send a letter before action: Your solicitor will send a formal letter to the landlord outlining the disrepair. They will request a resolution as soon as possible.
Negotiate: Many cases are resolved through negotiation. But if the landlord refuses to act, the case may proceed to court.
Court proceedings: If you don't reach an agreement, a judge will review the evidence and decide the outcome.
FAQs
What if a landlord doesn’t carry out repairs?
If a landlord ignores their responsibilities, tenants can:
Report the issue to the local council.
Seek legal action through a housing disrepair claim.
Apply for rent repayment orders if the property is unfit to live in.
How long does a housing disrepair claim take?
The timeframe for a claim can vary. You may sort minor disputes in a few weeks, while complex cases could take several months. This takes longer if they go to court.
How much compensation can you get for housing disrepair?
Compensation can range from hundreds to thousands of pounds, depending on the circumstances. The amount of compensation depends on:
How severe is the disrepair?
How long has the issue been happening?
What is the impact on the tenant’s health or belongings?
Can housing disrepair be used to stop a possession order?
Yes, you can use housing disrepair as a defence to delay or stop a possession order, depending on the circumstances. If a landlord is pursuing a possession order, particularly for overdue rent, tenants can argue that the delayed payments were caused or made worse by the disrepair.
Final thoughts
Housing disrepair can seriously affect a tenant’s health, comfort, and quality of life. That’s why it’s important to understand your rights and know how to take action if your landlord isn’t making necessary repairs.
By knowing who is responsible for repairs, how to report issues, and when you may be able to make a claim, you can ensure your home stays safe, secure, and livable. If your landlord isn’t responding, seeking legal advice can help you understand your options and protect your rights.
References
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified accountant or business advisor. Bear in mind that tax rules can change and will differ based on your circumstances.
