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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 may be able to seek two things: an order requiring the repairs to be done, and financial compensation for the period you were living in a property in disrepair.
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 took effect for social housing in England on 27 October 2025 and adds fixed timeframes for emergency hazards and significant hazards.
What Awaab's Law Changed
Awaab's Law requires social landlords in England to investigate and make emergency hazards safe within 24 hours. Potential significant hazards 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 usually must relate to the structure, installations or fitness of the property, the landlord must have known about it, 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
For problems inside your home, a landlord generally cannot be held responsible for repairs they did not know about. Notify your landlord before making a claim, and 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. See claims with rent arrears and claims after moving out.
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 commonly important. See the full evidence checklist.
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
Where it is proportionate, an independent surveyor may inspect the property. Survey evidence is often important where the landlord disputes the defects or their cause.
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 Pre-Action Protocol for Housing Conditions Claims (England). 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 is named after two-year-old Awaab Ishak, who died in Rochdale in 2020 from a respiratory condition caused by prolonged exposure to mould in his family's housing association flat. The Social Housing (Regulation) Act 2023 created the power to set the rules, and the timeframes took effect for social housing in England on 27 October 2025.
Under Awaab's Law, social landlords must:
- Investigate and make safe any emergency hazard within 24 hours
- Investigate potential significant hazards within 10 working days
- Make a confirmed significant hazard safe within 5 working days after the investigation finishes
- Provide a written summary within 3 working days after the investigation
- Begin or take steps to begin supplementary preventative work within 5 working days; physical work must begin within 12 weeks at the latest where it could not start sooner
Until 30 November 2026, the significant-hazard timeframes cover damp and mould. From that date Phase 2 extends them to excess cold and heat, falls, structural collapse, fire and explosions, electrical hazards and domestic hygiene hazards. Existing repair, fitness and safety duties continue to apply alongside these rules. Read Awaab's Law explained for the full timetable.
Does Awaab's Law Apply to Private Tenants?
Not yet. Awaab's Law currently applies only to social housing, and the private-sector extension has no confirmed start date. Private tenants can still bring housing disrepair claims under Section 11 of the Landlord and Tenant Act 1985 and the fitness for human habitation duty added by the Homes (Fitness for Human Habitation) Act 2018, which apply to most tenancies in England.
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. See how long a claim takes.
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.
How Can I Check Who Is Handling My Claim?
In December 2025 the Government published a call for evidence on housing disrepair claims, citing concerns about cold calling, claims farming, unclear costs and tenants being told not to let landlords in to carry out repairs. Before you sign anything:
- Check the firm's name and number on the SRA solicitors register. Driscoll Kingston & Co Limited's SRA number is 839699.
- Be cautious about unsolicited calls, texts or door-knocking offering a claim.
- Ask for the funding terms, success fee and any insurance premium in writing. Our fees and funding page sets out our current terms.
- Keep reporting repairs and allow your landlord reasonable access to inspect and fix the problem.
- If you are unhappy with a solicitor's service, use the firm's complaints procedure; you may then be able to go to the Legal Ombudsman.
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.
Frequently Asked Questions
What is a housing disrepair claim?
A housing disrepair claim is a legal action taken by a tenant against their landlord when the landlord has failed to carry out repairs within a reasonable time after being notified of the problem. Tenants can ask for the disrepair to be fixed and for compensation covering the period the property was in disrepair.
What qualifies as housing disrepair?
Housing disrepair includes damp and mould, leaking roofs, broken heating, faulty electrics, structural defects, pest infestations, and unsafe flooring or staircases. Usually the issue must have been reported to the landlord and not repaired within a reasonable time, and it must be something the landlord is responsible for maintaining.
Can I claim against a housing association or council?
Potentially. Social landlords have contractual and statutory repair duties. Awaab's Law also applies to social housing in England, with fixed timeframes for emergency hazards and significant hazards. Eligibility depends on the tenancy, notice, conditions and evidence.
How long do I have to make a housing disrepair claim?
Limitation depends on the legal basis and remedy. A contract claim commonly has a six-year period, while a personal-injury element commonly has a three-year period subject to date-of-knowledge rules and exceptions. A complaint or Protocol letter does not stop time running, so obtain a case-specific calculation promptly.
Can I still claim if my landlord has done the repairs?
Potentially. Completed work may end the ongoing condition but does not automatically resolve a claim for an earlier period. Responsibility, notice, reasonable time, evidence, limitation and any settlement wording still need assessment. The repair itself does not automatically prove liability.
Will a housing disrepair claim affect my tenancy?
A landlord must use a valid legal ground and follow the court process to recover possession. Section 21 no-fault eviction was abolished for private tenancies in England on 1 May 2026, subject to limited transitional cases. Harassment or unlawful eviction remains prohibited, but obtain urgent advice about any notice or court papers.
What evidence do I need for a housing disrepair claim?
Useful evidence includes dated photographs and videos, written repair reports, landlord responses, inspection and works records, rent evidence, receipts for losses and relevant medical records. Expert property or medical evidence may be needed where it is proportionate.
How long does a housing disrepair claim take?
There is no fixed total duration. The Protocol contains individual milestones, including a normal 20-working-day landlord response, but evidence, inspection, repairs, negotiation, court listing and complexity determine the overall time.
Can a housing disrepair claim use No Win, No Fee funding?
Eligible claims may be offered a Conditional Fee Agreement. The written terms explain what happens if the claim succeeds or fails and any success-fee, insurance or other deductions. Funding and case acceptance are not automatic.
Am I eligible to make a housing disrepair claim?
You may be eligible if you are or were a tenant, the condition falls within a landlord duty, the landlord had notice or knowledge where required, a reasonable opportunity to act passed, and the failure caused loss or left repairs outstanding. Evidence, limitation and the tenancy type also matter.
Do I need a solicitor or have to go to court?
A tenant can pursue a claim without a solicitor, but procedure, expert evidence and costs can be complex. The Pre-Action Protocol aims to resolve cases before proceedings, so many claims do not reach a final court hearing.
How can I check a housing disrepair firm is genuine?
Check the firm's name and SRA number on the Solicitors Regulation Authority register, be cautious about unsolicited calls or texts offering claims, ask for the fee terms in writing before signing, and allow your landlord reasonable access to inspect and repair.
Can I claim on behalf of my child?
A child may have a separate personal injury claim where housing conditions caused or worsened illness. A litigation friend normally conducts court proceedings for a child, and any settlement requires court approval. The tenant's own disrepair claim is distinct.
How much compensation can I get for housing disrepair?
There is no fixed tariff or guaranteed range. Valuation depends on the proven breach, seriousness, rooms and facilities affected, duration, rent, household impact, financial losses and any properly evidenced injury.
What is the average payout for housing disrepair?
There is no reliable official average that predicts an individual claim. Published examples combine different rents, defects, durations, injuries and legal routes, so a claim should be valued from its own evidence.
Is housing disrepair compensation always a percentage of rent?
No. Rent can be a useful reference point for loss of amenity, but there is no universal percentage table. Courts assess the facts, and proven financial loss or personal injury is considered separately.
Can I claim for belongings damaged by damp, mould or leaks?
Potentially, where the damage was caused by a proven landlord breach and the loss is evidenced. Keep photographs, receipts or replacement evidence and do not discard items before documenting them where it is safe to retain them.
Can I claim extra heating or electricity costs caused by disrepair?
Potentially. Bills, meter readings, appliance wattage, tariffs and a transparent comparison can help prove reasonable additional energy costs caused by the breach.
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