Housing Disrepair FAQs
Straight answers to the questions tenants ask us most, in plain English. If yours isn't here, get in touch. Asking costs nothing.
About claims
What is a housing disrepair claim?
A housing disrepair claim is a legal claim you can bring against your landlord when you've reported problems with your home and they haven't been fixed in a reasonable time. A successful claim does two things: it forces your landlord to carry out the repairs, and it wins you compensation for the time you've lived with the disrepair and for anything it damaged.
What evidence do I need to make a claim?
The single most important thing is proof that you told your landlord about the problem and they failed to act. Texts, emails, letters, notes of phone calls, photos of the disrepair and receipts for damaged items all help. Don't worry if you don't have everything. Tell us what you've got and we'll tell you honestly where you stand.
How long do I have to make a housing disrepair claim?
Generally up to six years from the date you reported the disrepair and your landlord failed to act. You can still claim after you've moved out of the property, and you can still claim if the repairs have since been done. The claim covers the time you lived with the problem. One thing to know: if the disrepair made you or your family ill, that personal injury part of the claim usually has a shorter time limit of three years.
What repairs is my landlord responsible for?
Your landlord is responsible for the structure and exterior of your home (roof, walls, windows and doors), plus the installations for water, gas, electricity, heating and sanitation. On top of that, the Homes (Fitness for Human Habitation) Act 2018 requires your home to be fit to live in throughout the tenancy, which covers things like damp and mould, excess cold, poor ventilation and other hazards.
How long does my landlord have to do repairs?
The law says repairs must be done within a "reasonable" time, and what's reasonable depends on the problem. A total loss of heating in winter should be dealt with within about 24 hours; a dripping gutter can wait longer. If you rent from a council or housing association in England, Awaab's Law now sets fixed deadlines for the most serious problems: emergency hazards must be dealt with within 24 hours, and significant damp and mould must be investigated within 10 working days of you reporting it. If you reported a problem months ago and nothing has happened, that's almost certainly not reasonable.
My landlord says the damp is my fault. Can I still claim?
Usually, yes. Blaming the tenant is a standard defence, and "it's condensation from your lifestyle" is the classic line. If the property lacks proper ventilation, insulation or heating, the landlord is often still liable. An independent surveyor establishes the true cause, and their report carries far more weight than your landlord's opinion.
Money and fees
How does no win, no fee work?
You pay nothing to start and nothing if your claim doesn't succeed, provided you keep to the terms of your agreement. If you win, we take a success fee from your compensation: a capped percentage agreed with you in writing before we start any work. No hidden charges, and nothing to find out of your own pocket. Our No Win, No Fee page explains it in full.
How much compensation will I get for housing disrepair?
Compensation is usually worked out as a percentage of your rent for the whole period you lived with the problem after reporting it. The worse the disrepair, and the more of your home it affected, the higher the percentage. You can also claim for damaged belongings and other financial losses, so a serious, long-running case can be worth thousands of pounds. Our free calculator gives you an instant estimate.
Can I claim if the disrepair has made me or my family ill?
Yes. If the disrepair has affected your health, that can be claimed as a personal injury element on top of the main claim. Breathing problems caused by damp and mould are the most common example. Medical evidence, such as GP records, makes a real difference here.
Can I claim for damaged belongings?
Yes. You can claim the value of anything the disrepair has damaged or destroyed: clothes ruined by mould, furniture wrecked by a leak, carpets that had to be thrown out. Keep photos and receipts where you can.
The process
How do I start a housing disrepair claim?
Ring us, use the contact form, or try the free calculator. We'll listen to what's happened and tell you straight whether you have a claim worth pursuing. If you do, we explain the No Win, No Fee agreement and take the details we need to get started. No charge and no obligation at any point.
Will someone need to inspect my home?
Yes. An independent expert surveyor visits your home to record the problems and what's needed to put them right. We arrange and pay for this; you don't organise anything. The surveyor's report becomes the core evidence in your claim.
Will I have to go to court?
It's unlikely. The great majority of housing disrepair claims settle without a final hearing, because landlords want to avoid the extra legal costs. We still prepare every case as if it will go to court. That's what puts you in the strongest negotiating position.
How long does a housing disrepair claim take?
Most claims settle within around 6 to 12 months. Complex cases, or landlords who dig their heels in, can take longer. Whatever happens, we keep you updated so you always know where your case stands.
Your tenancy
Can my landlord evict me for making a claim?
No. Evicting a tenant in revenge for a legitimate disrepair complaint is known as retaliatory eviction, and the law protects you against it. Council and housing association tenants have strong security of tenure and can only be evicted on limited legal grounds, and asking for repairs is not one of them. Private tenants in England are better protected too, now that no-fault section 21 evictions have been abolished. Claiming what you're legally owed is your right, not a reason to lose your home.
Can I claim against the council or a housing association?
Yes. Councils and housing associations have exactly the same repairing obligations as private landlords, and a large share of the claims we handle are against social landlords. See our council house disrepair page for more.
See how much you could claim
Our free calculator gives an instant estimate based on your rent, the issues, and how long you've been affected. Confidential, no obligation.
Use the Free Calculator