Hacer una reclamación por mal estado de la vivienda
Cómo los inquilinos pueden reclamar a los propietarios que no mantienen las propiedades de alquiler.
Visión general
Landlords of residential properties have statutory and contractual obligations to maintain the structure and exterior of the property, keep installations for water, gas, electricity, sanitation, and heating in repair (Landlord and Tenant Act 1985, s.11), and ensure the property is fit for human habitation (Homes (Fitness for Human Habitation) Act 2018). Failure to carry out repairs can entitle tenants to compensation (damages), an order forcing repairs (specific performance or injunction), and in serious cases, local authority enforcement action.
Proceso paso a paso
Document the Disrepair
Record all defects with dated photographs and videos, keep a written diary of how the disrepair affects daily life and health, and note any related health issues (damp causing respiratory problems, etc.).
- Take photos with timestamps showing dates
- Keep copies of all correspondence
- Ask your GP for a medical report if health is affected
Notify Your Landlord in Writing
Send a formal written complaint detailing each defect, when you first reported it, and requesting repairs within a reasonable time. The landlord's repairing obligation under s.11 LTA 1985 only arises once they have notice of the defect.
- Send by recorded delivery or email with read receipt
- Give a reasonable deadline (usually 14–28 days depending on urgency)
- Keep a copy of the letter and proof of sending
Report to Environmental Health
If the landlord fails to act, contact your local authority's Environmental Health department. They can inspect the property using the Housing Health and Safety Rating System (HHSRS) and serve improvement or prohibition notices on the landlord.
- Environmental Health inspections are free
- The council can prosecute landlords for serious hazards
- A local authority notice strengthens your legal position
Consider Legal Action
Issue a claim in the County Court for damages (compensation for inconvenience, distress, and any additional costs) and/or an injunction requiring the landlord to carry out repairs. Pre-Action Protocol for Housing Disrepair Cases must be followed.
- Many housing disrepair solicitors work on a no-win-no-fee basis
- Damages can include compensation for loss of amenity, inconvenience, and health impact
- The court can order the landlord to carry out specific repairs
Costes
Advertencias importantes
Do NOT withhold rent as a self-help remedy unless you have taken legal advice — this can put your tenancy at risk.
Your landlord cannot evict you in retaliation for reporting disrepair (s.33 Deregulation Act 2015 protects against retaliatory eviction).
Local authority tenants can use the 'right to repair' scheme for certain small urgent repairs.