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What Is a Housing Disrepair Claim?
A housing disrepair claim is a legal action you take against your landlord when they have failed to repair or maintain your rented home to the standard required by law. If you have reported a problem to your landlord — such as damp, mould, a broken boiler, or a leaking roof — and they have not fixed it within a reasonable time, you have the right to seek two things: an order requiring the repairs to be done, and financial compensation for the period you were living in a substandard property.
The legal foundation for many housing disrepair claims includes Section 11 of the Landlord and Tenant Act 1985 and the fitness obligation in sections 9A to 10. Awaab's Law Phase 1 took effect for relevant social housing in England on 27 October 2025 and adds fixed procedures for emergency hazards and significant damp and mould.
What Awaab's Law Changed
Awaab's Law Phase 1 requires relevant social landlords in England to investigate and make emergency hazards safe within 24 hours. Significant damp and mould must be investigated within 10 working days; separate deadlines then govern safety work, a written summary and further remediation. A breach may support a remedy, but compensation is not automatic.
What Qualifies as Housing Disrepair?
Not every inconvenience in a rented property constitutes actionable disrepair. To succeed in a housing disrepair claim, the problem must relate to the structure or essential services of the property, it must have been reported to the landlord, and the landlord must have failed to repair it within a reasonable time.
The following problems are typically covered by housing disrepair law:
- Damp and mould — including black mould, rising damp, penetrating damp, and condensation caused by structural failures
- Leaking roofs and gutters — water ingress from the roof or external walls
- Broken or inadequate heating — failed boilers, broken radiators, and defective central heating systems
- Plumbing failures — leaking pipes, burst pipes, blocked drains, and inadequate water supply
- Faulty electrics — unsafe wiring, broken sockets, and defective lighting systems
- Structural defects — cracks in walls, subsidence, unsafe flooring, and crumbling ceilings
- Window and door failures — broken frames, draughts, and security failures caused by disrepair
- Pest infestations — rats, mice, or insects entering through structural defects the landlord is responsible for
- Unsafe staircases — broken banisters, crumbling steps, or unsafe common areas in flats
Important: The Reporting Requirement
Your landlord cannot be held responsible for repairs they did not know about. You must have formally notified your landlord of the problem before making a claim. Always report in writing — by text, email, or letter — so you have a dated record.
Am I Eligible to Make a Housing Disrepair Claim?
What Are the Housing Disrepair Claim Criteria?
- A relevant tenancy or former tenancy and an identifiable landlord.
- A repair, fitness or safety problem within the landlord's responsibility.
- Notice or landlord knowledge where the legal duty requires it.
- Unreasonable delay, inadequate investigation or ineffective repair work.
- Evidence of the condition, reporting history and resulting loss.
- A claim brought within the applicable limitation period.
These are screening factors, not a guarantee that a claim will succeed. Rent arrears, completed repairs or moving out do not automatically prevent a claim, but they can affect strategy and value.
Can I Claim After My Landlord Has Completed the Repairs?
Potentially. Completing works may end the ongoing condition while an earlier loss-of-amenity or financial-loss claim remains. The outcome depends on the landlord's responsibility, notice, time allowed to act, evidence, limitation and whether an agreement already released the claim.
How Much Compensation Can I Get for Housing Disrepair?
How Is Housing Disrepair Compensation Calculated?
General damages may reflect inconvenience and loss of use or enjoyment of the home. Rent can provide a reference point, but there is no automatic percentage table. A court considers the actual conditions, their extent and duration, the response after notice and the evidence of impact.
What Is the Average Payout for Housing Disrepair?
There is no reliable official average that can predict a new case. Published awards often mix different rents, defects, time periods, injuries, Ombudsman remedies and court damages. Comparisons are only useful where the underlying facts and legal route are genuinely similar.
Is There a Maximum Housing Disrepair Compensation Amount?
There is no single universal maximum for every claim. Recoverable damages depend on the cause of action and proven loss, while court track, costs, proportionality and evidence affect how a case is pursued.
What Financial Losses Can Be Included?
The Housing Conditions Protocol recognises special damages. Depending on causation and proof, these may include damaged belongings, reasonable additional energy costs, temporary accommodation or other expenditure. Injury is assessed separately and can require medical evidence.
- Photograph damaged possessions and keep receipts, bank records or replacement evidence.
- Compare energy bills and meter readings using the relevant tariffs and periods.
- Keep invoices for reasonable temporary accommodation, travel or cleaning costs.
- Separate each loss to avoid claiming the same impact twice.
Use the detailed guides to loss-of-amenity compensation, damaged belongings, extra energy costs and personal injury evidence.
What Evidence Do You Need?
Building a strong evidence base is the most important thing you can do before or during a housing disrepair claim. Your solicitor will advise you in detail, but the following types of evidence are essential:
Photographic Evidence
Dated photos and videos of all disrepair — mould growth, water damage, broken fixtures. Take these regularly to show the progression.
Written Complaints
Every text, email, letter, or written message you sent to your landlord or housing officer reporting the problem, along with any responses.
Medical Records
GP letters, hospital records, or prescriptions showing health conditions caused or worsened by the disrepair — especially respiratory conditions from damp and mould.
Rent Records
Bank statements or tenancy records showing the rent and relevant period. Rent may be a reference point for loss of amenity, but no universal percentage applies.
Damaged Belongings
Receipts or estimates for furniture, clothing, or electronics damaged by damp, leaks, or other disrepair-related problems.
Expert Survey
Your solicitor will arrange an independent property survey from a qualified surveyor. This is often the most powerful evidence in a claim.
The Housing Disrepair Claim Process: Step by Step
Understanding what to expect at each stage helps you feel confident throughout the process. Here is how a typical housing disrepair claim progresses.
Free Initial Assessment
Contact our housing disrepair solicitors for a free, no-obligation initial assessment. We review the reported conditions, landlord history and available evidence, then explain whether further investigation may be appropriate. Case acceptance is not automatic.
Funding Options Explained
If the firm can accept the claim, it will explain the available funding, possible deductions and written agreement before work begins.
Evidence Gathering and Property Survey
We compile written complaints and landlord communications, assess whether independent property evidence is proportionate, and gather relevant loss or medical evidence.
Pre-Action Protocol Letter of Claim
We send a formal Letter of Claim under the Housing Conditions Pre-Action Protocol. The landlord normally has 20 working days to respond; urgent safety action should not wait for that timetable.
Landlord Response and Negotiation
Many claims settle at this stage without going to court. If the landlord admits liability and agrees to carry out repairs and pay compensation, the matter can conclude. We negotiate firmly on your behalf.
Court Proceedings (if necessary)
Where a claim remains unresolved and issuing proceedings is appropriate, the solicitor explains the merits, procedure, costs and risks before taking that step. Settlement remains possible, but no outcome or timetable is guaranteed.
Repairs and Compensation Resolved
A settlement or court order should state the required works, payment terms and deadlines. There is no universal payment period; check the exact written terms and enforcement position.
Housing Disrepair Claims and Awaab's Law
Awaab's Law — enacted through the Social Housing (Regulation) Act 2023 — was introduced following the tragic death of two-year-old Awaab Ishak in Rochdale in 2020, caused by prolonged exposure to toxic black mould in a housing association property. The legislation fundamentally changed the legal landscape for social housing tenants.
Under the current Phase 1 of Awaab's Law, social landlords must:
- Respond to reports of damp and mould within 24 hours if there is an emergency
- Investigate significant damp and mould within 10 working days and then comply with the applicable safety, reporting and remediation duties
- Make a significant damp and mould hazard safe within 5 working days after the investigation finishes
- Provide a written summary within 3 working days after the investigation, unless the issue is fully fixed within that period
- Begin or take steps to begin supplementary preventative work within 5 working days; physical work must begin within 12 weeks at the latest
Phase 2 of Awaab's Law is due to come into force on 30 November 2026, extending the framework to additional specified hazards. Existing repair, fitness and safety duties continue to apply before then.
Does Awaab's Law Apply to Private Tenants?
Currently, Awaab's Law applies only to social housing. However, all tenants — social and private — can still bring housing disrepair claims under Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, which applies to all rented properties.
How Long Does a Housing Disrepair Claim Take?
There is no fixed duration for a housing disrepair claim. The Protocol normally allows 20 working days for the landlord's response and contains other evidence milestones, but access, expert availability, necessary works, liability disputes, medical evidence, negotiation and court listing all affect the overall time. Urgent hazards should be addressed separately rather than waiting for compensation.
Will a Claim Affect My Tenancy?
Private landlords in England can no longer use Section 21 no-fault eviction for notices served from 1 May 2026. A landlord seeking possession must rely on a valid ground and follow the court process. Limited transitional rules applied to some earlier notices.
Reporting repairs does not prevent every lawful possession claim, so do not ignore a notice or court papers. Harassment and unlawful eviction remain prohibited. Obtain urgent advice if the landlord threatens you, changes locks or starts possession action.
Housing Disrepair Claim Time Limits
A breach-of-contract claim commonly has a six-year limitation period, while a personal-injury claim commonly has a three-year period from accrual or the relevant date of knowledge. The correct start date and any exceptions depend on the facts, legal basis and remedy.
A complaint, Ombudsman referral, negotiation or Protocol letter does not itself stop limitation. Act promptly and obtain a case-specific calculation, particularly for an older condition, injury, child or person lacking capacity.
Do I Need a Solicitor or Have to Go to Court?
Can I Make a Housing Disrepair Claim Without a Solicitor?
Yes, a tenant can act in person. However, identifying the correct cause of action, complying with the Pre-Action Protocol, instructing an expert and understanding costs can be difficult. Independent advice is particularly important for urgent safety, personal injury, possession or limitation issues.
Will a Housing Disrepair Claim Go to Court?
Not necessarily. The Protocol encourages early disclosure, inspection, repairs and settlement. Proceedings may be needed where liability, works or compensation remain disputed, but issuing a claim does not mean it will reach a final trial.
Can I Claim on Behalf of My Child?
A child may have a separate injury claim if disrepair caused or worsened a medical condition. A litigation friend normally manages proceedings for the child and the court must approve a settlement. Medical causation and the shorter personal-injury time limit require individual assessment.
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