Housing & Property Law

Housing Disrepair Solicitors — Compensation & Repairs for Unfit Homes

If your landlord has failed to fix mould, damp, a broken boiler, structural defects, or dangerous conditions after being notified, you have a legal right to repairs and compensation. Many housing disrepair claims are handled on a no win no fee basis.

No win no fee available Compensation for health impact Repairs ordered by court Free initial consultation

⚠ 6-year limitation period (3 years for personal injury). Disrepair claims must be brought within 6 years of when the landlord was first notified of the defect — or 3 years from when a related personal injury became apparent. Evidence of the condition deteriorates over time. Get advice now.

Your Landlord's Legal Duties

Two pieces of legislation create the core repair obligations for private and social landlords in England and Wales:

📜
Landlord and Tenant Act 1985, s.11

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.

🏠
Homes (Fitness for Human Habitation) Act 2018

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.

⚠️
Housing Health & Safety Rating System (HHSRS)

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.

🔔
Notice requirement

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:

💷
General damages — compensation for loss of enjoyment, inconvenience, distress, and the reduced value of your occupation, calculated by reference to the rental value and severity of the disrepair over the affected period
🩺
Personal injury damages — if the disrepair caused or aggravated a health condition (respiratory illness, skin conditions, mental health impact from damp or mould), a separate personal injury claim may be available
🛋️
Special damages — the cost of belongings damaged by damp, mould, or leaks (clothing, furniture, electronics); replacement costs for items irreparably damaged
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Mandatory repair order — the court can order the landlord to carry out specified repairs within a defined timeframe, with contempt consequences for failure to comply

Common Disrepair Issues We Handle

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Damp & mould — penetrating damp from roof or walls, rising damp, condensation-related black mould. Landlords cannot simply advise tenants to "ventilate better" if structural issues are the cause.
🔥
Broken heating & hot water — failed or inefficient boiler, broken radiators, no hot water. Under s.11, these must be repaired promptly — emergency repairs (no heating in winter) should be same day.
🏗️
Structural defects — cracks in walls, subsidence, failing roof, damaged ceilings, dangerous staircase. These are high-priority repairs under the HHSRS.
🐀
Pest infestations — mice, rats, cockroaches caused by structural deficiencies (gaps, holes, defective drains). Landlord is responsible where the infestation results from the property's condition.
⚡
Electrical faults — exposed wiring, faulty sockets, outdated consumer units. Landlords must have an Electrical Installation Condition Report (EICR) every 5 years and remedy any C1 (danger present) or C2 (potential danger) defects.
🚿
Defective sanitation — blocked or broken toilets, damaged baths or showers, defective waste pipes. Core landlord obligations under s.11.

How to Make a Disrepair Claim

  1. 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.

  2. 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.

  3. 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.

  4. 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.

How It Works

One clear request. A disrepair solicitor contacts you.

If your landlord has ignored reports of mould, damp, or structural defects, you may be entitled to compensation and a court order requiring repairs. Submit your request and a specialist will assess your claim — no win no fee available.

Submit Your Request
1

Describe the disrepair

Tell us the defects, when you first reported them, and what response (if any) your landlord gave.

2

Request is reviewed

We match you with a housing disrepair solicitor, usually within hours. No win no fee cases considered.

3

Solicitor contacts you

They assess the strength of your claim, explain the process, and advise on compensation you may be entitled to — free of charge.

Claim Compensation for Your Home's Condition

Living with mould, damp, or broken heating? You have legal rights.

Your landlord is legally required to keep your home in repair. If they have failed, you can claim compensation and force repairs through the court — often with no upfront legal costs.

Submit Your Request

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