Council Housing Disrepair Claim: Your Rights as a Council Tenant
Driscoll Kingston & Co Limited · 25 May 2026 · 8 min read
What is a council housing disrepair claim?
A council housing disrepair claim is a legal action brought by a council tenant against their landlord for failing to keep the property in good repair. The claim can seek compensation for the loss of enjoyment of the property, reimbursement of out-of-pocket losses caused by the disrepair, and an order requiring the council to carry out specified repairs.
Council and private tenants share important repair and fitness protections, but their tenancy regimes and enforcement routes are not identical. Section 11 and the Homes (Fitness for Human Habitation) provisions commonly apply to council tenancies, while Awaab's Law adds a separate timetable for relevant social housing in England.
The disrepair claim process for council tenants follows the Pre-Action Protocol for Housing Disrepair, the same protocol that governs claims against all landlord types.
What is your council legally responsible for repairing?
Under section 11 of the Landlord and Tenant Act 1985, your council is legally responsible for maintaining the structure and exterior of your home and for keeping installations in repair and working order. This covers:
- The structure: walls, roof, floors, stairs, ceilings, windows and external doors
- Plumbing: water supply, drainage, baths, sinks and toilets
- Heating: central heating systems, boilers and radiators
- Gas and electricity: supply installations (not tenant-owned appliances)
- Common areas: hallways and stairwells in blocks of flats are typically the council's responsibility under the lease
The council is also responsible under the Homes (Fitness for Human Habitation) Act 2018 for ensuring the property is fit to live in throughout the tenancy. Significant damp and mould, inadequate ventilation, structural instability, and pest infestation can each render a property unfit for habitation.
How does Awaab's Law apply to council housing disrepair claims?
Awaab's Law implies prescribed hazard-response terms into relevant social-housing tenancies in England. Coverage depends on the tenancy and statutory definitions rather than the landlord's label alone.
| Hazard type | Deadline |
|---|---|
| Emergency hazard (immediate risk to health or safety) | Investigate and begin emergency works within 24 hours |
| Damp and mould | Investigate within 10 working days |
| Safety measures required | Put in place within 5 working days |
| Supplementary preventative work | Begin, or take steps to begin, within 5 working days; conditional 12-week backstop for physical commencement |
| Written summary to tenant | Usually issue within 3 working days after the investigation |
Failure to comply with an applicable prescribed term may be enforceable as a tenancy breach. It does not automatically establish compensation or its amount. For the complete definitions, exceptions and timetable, see our guide to Awaab's Law deadlines.
What should you do if your council refuses to repair?
If your council has been notified of a disrepair issue and has not repaired it within a reasonable period, the legal process available to you is as follows.
Step 1: Document the disrepair. Photograph the problem and note when it first appeared. Keep copies of all written communications with the council. Note any health impacts on you or your household.
Step 2: Report in writing. If you have only reported the disrepair verbally, follow up in writing. A written record, dated and addressed to the council's repairs team, is the foundation of any subsequent claim.
Step 3: Consider advice. A solicitor can assess the legal duty and may send a Letter of Claim under the Housing Conditions Pre-Action Protocol. The council normally has 20 working days to provide its response; it is not required to admit liability.
Step 4: If the council does not respond or repair. Proceedings can be issued in the county court. The claim covers compensation, an order for repairs, and costs. An interim injunction can also be applied for in cases where the disrepair poses an ongoing risk to health or safety.
How much compensation can you claim from a council?
There is no universal percentage or reliable average for a council disrepair claim. Courts and parties may use rent as a reference point when assessing loss of amenity, but the result depends on the nature and duration of the proven breach, the parts of the home affected, the rent, household impact and the quality of the evidence. Proven expenditure and a properly evidenced injury may be assessed separately without permitting double recovery.
For a full guide to how compensation is calculated, see the housing disrepair claim overview.
Do council and housing-association tenants have the same rules?
They share many statutory protections, and relevant tenancies may fall within Awaab's Law. Their tenancy terms, landlord status and particular exceptions can differ, so applicability should be checked rather than assumed.
How to start a council housing disrepair claim
The first step can be a free initial assessment of the tenancy, reported conditions, landlord history and available evidence. If further investigation is appropriate, funding options and possible deductions are explained before instruction. Case acceptance, liability, valuation and outcomes are not guaranteed.
This article provides general legal information only. It does not constitute legal advice on any specific case. Awaab's Law Claims Specialists is a trading name of Driscoll Kingston & Co Limited, authorised and regulated by the Solicitors Regulation Authority (SRA No. 839699).
