Housing Disrepair in Housing Association & Council Homes

Housing Disrepair FAQs

What does housing disrepair mean for tenants?
Housing disrepair refers to situations where a rental property has fallen into an unacceptable condition due to a lack of maintenance by the landlord. This can include problems such as damp, mould, water leaks, faulty heating, defective electrics, pest infestations, or structural issues. If these problems persist despite being reported, they can affect a tenant’s health and well-being. Council and housing association landlords have a legal responsibility to keep their properties in a safe and habitable condition.

Am I eligible to make a housing disrepair claim?
Tenants in council or social housing may have the right to claim if the council or housing association has failed to carry out necessary repairs after being informed of the issue. The law requires landlords to fix serious hazards within a reasonable time. If disrepair has caused health problems, property damage, or undue hardship, a legal claim may be necessary to enforce repairs and seek compensation.

What types of repairs should my landlord be responsible for?
Landlords of social and council housing are legally responsible for maintaining the structure of the property, including walls, roofs, windows, and doors. They must also ensure the heating and hot water systems are functional, plumbing is in good working order, electrical wiring is safe, and the home is free from damp, mould, and infestations. If any of these issues arise and the landlord does not take action, tenants may be able to pursue a legal claim.

What should I do if my landlord refuses to carry out repairs?
If a landlord ignores repair requests, tenants should report the problem in writing and keep a record of all communications. If no action is taken, complaints can be escalated to the local council’s environmental health department, which has enforcement powers. In cases where the issue remains unresolved, legal action may be necessary to compel the landlord to carry out repairs and compensate the tenant for any distress or damage.

How long do landlords have to fix disrepairs?
There is no set legal timeframe, but repairs must be completed within a reasonable period based on the severity of the issue. Urgent repairs, such as a broken boiler in winter, should be addressed within days, whereas less urgent issues may take weeks. If a landlord fails to act despite repeated complaints, tenants may be able to take legal action.

What kind of evidence do I need for a housing disrepair claim?
A successful claim relies on strong evidence, including photographs or videos of the disrepair, copies of written complaints, records of any responses or ignored requests, medical reports if health has been affected, and receipts for any personal items damaged as a result. Keeping a diary of the problem, including dates and any communication with the landlord, can also help strengthen the case.

Do I still need to pay rent if my landlord refuses to carry out repairs?
A tenant’s obligation to pay rent remains in place even if the property is in poor condition. Withholding rent without legal advice can lead to eviction. Instead, tenants should follow the correct procedures, such as reporting the issue to the council or taking legal action, to ensure repairs are completed.

Can my council or housing association landlord evict me if I make a housing disrepair claim?
Council and housing association landlords must follow strict legal processes when evicting tenants, making retaliatory evictions less common than in private rentals. Tenants who have been in their home for a significant period or hold a secure tenancy have stronger protections. If eviction proceedings begin after a disrepair claim is made, legal support should be sought immediately.

How long do I have to make a claim for housing disrepair?
The time limit for making a claim is generally six years from the date the disrepair started or when the landlord failed to act. If personal injury is involved, such as illness caused by damp or mould, the time limit is reduced to three years from the date the tenant became aware of the health impact. Seeking legal advice early is essential to avoid missing the deadline.

How long does a housing disrepair claim take to resolve?
The length of a claim depends on how quickly the landlord responds. If repairs are carried out following legal intervention, cases may be resolved within a few months. If the landlord refuses to cooperate and court action is needed, the process can take longer. A solicitor can assess the case and provide guidance on the likely timeframe.

Can I make a claim if my landlord carries out repairs but they are of poor quality?
If repairs have been completed but the work is substandard or the problem keeps returning, a tenant may still have a valid claim. A landlord must ensure that repairs are carried out properly and effectively. If an issue is temporarily fixed but soon reappears, or if the repairs cause further problems, legal action may be required to enforce proper remedial work.

What if my personal belongings have been damaged because of housing disrepair?
Tenants may be entitled to compensation if their belongings have been damaged due to their landlord’s failure to carry out repairs. This can include mould ruining furniture or clothing, leaks damaging electrical items, or pest infestations leading to the destruction of personal property. Receipts, photographs, and any relevant reports can help support a claim for damages.

Can I claim if disrepair has caused me or my family health problems?
If housing disrepair has led to health issues, such as respiratory problems from damp and mould, skin conditions from infestations, or injuries from structural hazards, tenants may be able to claim compensation for personal injury. This can include medical costs, pain and suffering, and any financial losses caused by illness, such as lost earnings due to time off work.

Can I move out of my property due to disrepair and still make a claim?
A tenant does not necessarily have to remain in the property to make a claim. If a person has moved out due to unliveable conditions caused by the landlord’s neglect, they may still be entitled to compensation. The claim would need to show that the landlord failed to act on reports of disrepair, forcing the tenant to leave the property.

Will making a claim affect my tenancy?
Making a housing disrepair claim should not affect a tenancy agreement. Council and social housing landlords must follow strict eviction rules, and secure tenants have strong legal protections. However, tenants should seek legal advice before pursuing a claim to understand their rights and ensure they follow the correct legal process.

How much compensation could I receive for a housing disrepair claim?
The amount of compensation depends on several factors, including the severity of the disrepair, how long the issue persisted, the impact on daily life, and any financial losses incurred. Compensation can include a percentage of rent repayment, damages for pain and suffering, and reimbursement for any out-of-pocket expenses related to the disrepair.

Can I make a claim if I have reported the issue verbally but not in writing?
While verbal complaints can be used as evidence, written proof is much stronger in legal cases. If a tenant has previously reported an issue verbally but has not received a response, they should follow up in writing and keep a record of all future communication. If the landlord has ignored multiple complaints, legal action may be an option.

What happens if my landlord agrees to repairs after I start my claim?
If a landlord agrees to carry out repairs after a claim has been initiated, the case may still continue if the tenant has suffered financial loss, inconvenience, or health issues due to the delay. Compensation may still be awarded even if repairs are eventually completed, depending on the circumstances.

Will I need to go to court to make a housing disrepair claim?
Most housing disrepair claims are settled before reaching court, as councils and housing associations often prefer to resolve the issue rather than face legal action. However, if the landlord refuses to accept responsibility or disputes the claim, court proceedings may be necessary. A solicitor can help guide tenants through the legal process and represent them if needed.