Making a Housing Disrepair Claim
How tenants can pursue landlords who fail to maintain rental properties, including legal remedies and procedures.
Overview
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.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves a housing disrepair claim.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
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
Costs
Important Warnings
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.
Useful Links
Frequently asked questions
- How long does the making a housing disrepair claim process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Ongoing"; "Allow 14–28 days for response"; "2–6 weeks"; "3–12 months". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Environmental Health inspection — Free; Solicitor (no-win-no-fee) — Free upfront (25%+ success fee); Court fees — £35–£455 depending on claim value; Expert surveyor report — £300–£800. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: 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.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Shelter Housing Advice; Pre-Action Protocol for Housing Disrepair. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.