Your Landlord's Legal Duties
Two pieces of legislation create the core repair obligations for private and social landlords in England and Wales:
Applies to most residential tenancies. Landlord must keep in repair: the structure and exterior (roof, walls, windows, drains); installations for heating, hot water, gas, electricity, and sanitation. Cannot be contracted out of.
Requires the property to be fit for human habitation at the start and throughout the tenancy. Covers matters outside s.11: severe damp, mould, infestations, carbon monoxide, and inadequate fire safety. Applies to common parts of blocks.
Local authorities use HHSRS to assess hazards. If the council inspects and finds a Category 1 hazard, they must take enforcement action — which can include prohibiting use of part of the property or requiring works.
The landlord's obligation only arises once they have actual notice of the defect. Always report disrepair in writing (email or letter) and keep a copy. The date of notification is the start of the landlord's duty — and the reference point for calculating your claim.
What You Can Claim
A successful housing disrepair claim can recover:
Common Disrepair Issues We Handle
How to Make a Disrepair Claim
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1
Report in writing & gather evidence
Send a written report of the defect to your landlord, date-stamped (email is ideal). Photograph everything — the defect, any damage to belongings, and any health impact. Keep all correspondence.
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2
Solicitor's letter of claim (Pre-Action Protocol)
Your solicitor sends a letter of claim under the Pre-Action Protocol for Housing Conditions Claims. The landlord has a fixed period (usually 20 working days for social landlords, less for urgent cases) to respond and set out what repairs will be done and when.
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3
Independent inspection
A surveyor inspects the property and produces a report setting out the defects, their cause, required remedial works, and their likely cost. This forms the evidential backbone of the claim.
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4
Settlement or court proceedings
Many disrepair claims settle after the surveyor's report — the landlord agrees to carry out works and pay compensation. If not, proceedings are issued in the County Court for damages and an injunction requiring works. No win no fee arrangements are common.
Frequently Asked Questions
Does it cost anything to bring a disrepair claim?
Many housing disrepair solicitors offer a no win no fee (conditional fee agreement) arrangement — you pay nothing upfront and only pay if the claim succeeds, from a portion of your compensation. The solicitor's success fee is capped at 25% of your damages. In cases where the landlord is ordered to pay costs, the deduction from your compensation is reduced. You should always confirm fee arrangements in writing before proceeding.
Can I make a disrepair claim if my landlord is a council or housing association?
Yes. The same legal duties apply to social landlords. In addition, social landlords are subject to the Housing Ombudsman Scheme — tenants can complain to the Ombudsman after exhausting the landlord's internal complaints process. The Ombudsman can order compensation and repairs. A solicitor can advise on whether to pursue the Ombudsman route, court proceedings, or both.
My landlord says the mould is caused by condensation — is that my fault?
Not necessarily. While occupants can contribute to condensation by not ventilating properly, structural inadequacy is often a contributing or primary cause. Courts look at whether the property was reasonably adequate for the tenant's occupation — if insulation, ventilation, or heating is structurally deficient, the landlord bears responsibility. A surveyor's report will identify the root cause.
What if my landlord retaliates after I make a complaint?
The Deregulation Act 2015 introduced "retaliatory eviction" protection. If you make a valid written complaint about the condition of the property, and the landlord responds by serving a s.21 notice within 6 months (rather than arranging repairs), the notice is invalid. This protection applies where the local authority has served or confirmed they will serve an improvement notice in response to the complaint. A solicitor can advise on preserving this protection.