Housing Disrepair — Your Rights as a Tenant When Your Landlord Won't Repair
Housing disrepair affects millions of tenants in England and Wales, yet many do not know they can force their landlord to carry out repairs — or claim compensation for having to live in substandard conditions. Whether you rent privately, from a housing association, or from the council, your landlord has clear legal obligations to keep your home in good repair. This guide explains those obligations, your rights when repairs are ignored, and how to escalate — including through the courts.
Your Landlord's Legal Duty to Repair
The Landlord and Tenant Act 1985 (sections 11–16) imposes a statutory duty on landlords to keep in repair and proper working order the structure and exterior of the property (roof, walls, windows, drains), and the installations for the supply of water, gas, electricity, sanitation (including basins, sinks, baths), heating and hot water. This duty cannot be excluded by the tenancy agreement — any clause purporting to transfer these obligations to the tenant is void.
The Homes (Fitness for Human Habitation) Act 2018 added a further requirement: rented properties must be fit for human habitation at the start of the tenancy and throughout. This is judged by whether the property is free from hazards under the Housing Health and Safety Rating System (HHSRS). The Act enables tenants to bring civil claims against their landlord directly in the courts for breach of this duty — without having to rely on the council to take enforcement action.
What the Landlord Must Fix
- Structural defects — cracks, subsidence, damp penetration through walls or roof
- Damp and mould — particularly where caused by structural issues or inadequate heating, not merely by condensation from lifestyle choices
- Broken or inefficient heating systems — landlords must maintain working central heating and hot water
- Faulty electrics — broken sockets, exposed wiring, faulty consumer units
- Leaking roofs, pipes, or plumbing
- Infestations of pests — where caused by structural defects in the property rather than tenant behaviour
- Broken doors and windows — particularly affecting security or weatherproofing
- Lifts and communal areas in flats
The Awaab's Law — New Rules for Social Housing
Following the tragic death of two-year-old Awaab Ishak from mould exposure in a Rochdale housing association flat in 2020, the government introduced Awaab's Law through the Social Housing (Regulation) Act 2023. From December 2024, social housing landlords (councils and housing associations) must investigate reported health hazards within 14 days, fix them within a further seven days if dangerous, and move tenants out temporarily if the property cannot be made safe.
Awaab's Law applies to social housing tenants. Private tenants do not benefit from these specific timescales, but still have rights under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
Damp and Mould — One of the Most Common Disputes
Damp and mould claims represent a very large proportion of housing disrepair cases. The crucial legal question is whether the damp is caused by a structural defect (the landlord's responsibility) or condensation caused by insufficient ventilation or inadequate heating habits (traditionally the tenant's responsibility — though this distinction has been significantly narrowed).
In 2023, the government issued guidance to social landlords stating that they should not automatically blame tenants for mould and condensation. More importantly, if a property does not have adequate heating, ventilation, or insulation to prevent condensation forming even with reasonable tenant behaviour, the landlord is responsible for providing those conditions. A property where it is impossible to prevent mould without running the heating 24 hours a day at prohibitive cost is arguably not fit for human habitation regardless of whose "fault" the condensation is.
How to Report Disrepair — The Correct Process
The process for reporting and escalating disrepair is important — if you do not follow it correctly, you may undermine a future legal claim:
- Report in writing — always report disrepair to your landlord or letting agent in writing (email is fine). Verbal reports are easily disputed. Your written report gives the landlord legal notice of the problem and starts the clock on their obligation to repair within a reasonable time.
- Give reasonable time to repair — what is "reasonable" depends on the severity. A broken boiler in winter: 24–48 hours. A leaking roof: days to weeks. Minor cosmetic issues: weeks to months. Emergency hazards such as gas leaks or structural collapse require immediate action.
- Chase in writing if no action — if the landlord fails to respond within a reasonable time, send a formal letter before action stating the repairs required, what you will do if not resolved (report to council, withhold rent as last resort, or take legal action).
- Report to the local council — if the landlord still fails to act, report the disrepair to your local council's housing enforcement team. Councils have powers to inspect the property, serve improvement notices or prohibition orders, and take enforcement action against landlords. This is free and often very effective.
- Consider legal action — if all else fails, you can bring a civil claim in the County Court for an order requiring the landlord to carry out repairs and/or compensation for the period of disrepair. Many housing disrepair solicitors offer no-win no-fee arrangements.
Compensation for Housing Disrepair
In addition to an order requiring the landlord to carry out repairs, you may be entitled to compensation for:
- General damages — for the discomfort, inconvenience, and distress of living in a property affected by disrepair. Courts typically award a percentage of the rent for the period of disrepair, reflecting the reduced value of the accommodation. Awards of 25–50% of rent for significant disrepair are common.
- Special damages — out-of-pocket financial losses caused by the disrepair: damage to belongings from damp or flooding, cost of alternative accommodation, increased heating bills from an inefficient boiler, medical costs if the disrepair caused or worsened a health condition.
- Personal injury damages — if the disrepair (particularly damp and mould) caused or significantly worsened a respiratory condition or other health problem, you may have a personal injury claim on top of the disrepair claim.
For example, a tenant who lived in a flat with severe mould for 18 months, paying £1,000/month rent, might claim 40% of rent (£7,200 general damages) plus £2,000 for damaged furniture and clothing, plus a personal injury element if they developed asthma during that period.
Rent Repayment Orders — For Licensed HMOs
If you live in an HMO (House in Multiple Occupation) that should be licensed but is not, you can apply to the First-tier Tribunal for a Rent Repayment Order (RRO). An RRO can require the landlord to repay up to 12 months' rent. This is separate from a disrepair claim and relates specifically to the landlord's failure to licence the property — but it can be a powerful remedy in the right circumstances.