Disrepair Claims by Tenants: A Guide to Your Rights
Written by the Housing Repair Help Editorial Team and reviewed by our claims team — a trading style of Reclaim Experts Ltd, an FCA authorised claims management company (FRN 1030701), Innovation Centre, 49 Oxford Street, Leicester, LE1 5XY. About us and our editorial standards.
Published 1 November 2025. Last reviewed and updated 20 April 2026.
Disrepair claims by tenants are one of the most important legal protections renters in England have against unsafe or poorly maintained homes. Whether you live in a council property, a housing association home or a privately rented house or flat, if your landlord has failed to carry out repairs they are responsible for, you may be entitled to bring a disrepair claim by tenants — to force the repairs and recover compensation. This guide explains who can claim, what you can claim for, the evidence you'll need and how the process works.
What Are Disrepair Claims by Tenants?
Disrepair claims by tenants are civil claims brought against a landlord who has breached their legal repair obligations. Under English law, landlords have ongoing duties to keep rented homes safe, weather-tight and in good working order. When a tenant reports a problem and the landlord fails to fix it within a reasonable time, the tenant may have grounds for a claim — for an order forcing the repairs and for compensation reflecting the impact on their home life.
Who Can Bring a Disrepair Claim?
Council Tenants
Tenants of local authority housing can bring disrepair claims when the council fails to maintain the structure, services or fitness of the home.
Housing Association Tenants
Social tenants of registered providers have the same legal repair protections as council tenants, including under Awaab's Law.
Private Renters
Assured shorthold tenants in the private rented sector can claim against private landlords who ignore reported repairs.
Recent Former Tenants
In some cases you may still bring a disrepair claim shortly after your tenancy ends, depending on time limits and the issues involved.
Common Issues Behind Disrepair Claims by Tenants
Damp & Mould
Persistent black mould, condensation damp or rising damp left untreated by the landlord.
Leaks & Water Damage
Roof, plumbing or shower leaks causing ceiling stains, damaged flooring or electrical risks.
Broken Heating & Hot Water
No working boiler, radiators or hot water — particularly serious during the colder months.
Structural Problems
Cracks, subsidence, unstable walls, sagging ceilings or rotten window frames.
Electrical Hazards
Faulty wiring, exposed cables, broken sockets or missing safety certificates.
Pests & Vermin
Rats, mice, cockroaches or bed bugs caused by structural defects the landlord won't fix.
Your Landlord's Legal Duties
- Section 11, Landlord and Tenant Act 1985 — landlords must keep the structure, exterior, heating, hot water, gas, electrics and sanitation in good repair.
- Homes (Fitness for Human Habitation) Act 2018 — your home must be fit to live in throughout the tenancy.
- Housing Health and Safety Rating System (HHSRS) — councils can act against landlords whose homes contain Category 1 or 2 hazards such as serious damp, cold or fall risks.
- Awaab's Law — already in force for social housing, requiring strict timeframes to investigate and fix serious hazards. The government plans to extend Awaab's Law and the Decent Homes Standard to the private rented sector under the Renters' Rights Act 2025; new regulations need to be laid before this takes effect.
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How Tenants Make a Disrepair Claim
Report the disrepair in writing
Give a reasonable time to fix it
Gather your evidence
Escalate (council, ombudsman or redress scheme)
Speak to a no-win, no-fee disrepair solicitor
Evidence Checklist for Tenants
Dated photos and videos of every affected area
Copies of all written reports to your landlord or agent
Your tenancy agreement and rent payment history
GP or hospital letters linking health issues to the property
Receipts for damaged belongings or replacement items
Council environmental health or surveyor reports
What Tenants Can Claim For
An Order for Repairs
The court can order your landlord to carry out the outstanding repairs to a defined standard.
General Damages
Compensation for the discomfort, inconvenience and loss of enjoyment of your home while it was in disrepair.
Special Damages
Out-of-pocket losses such as ruined furniture, increased energy bills or replacement clothing and bedding.
Repair Timeframes
Landlords must complete repairs within a reasonable time. Urgent issues — such as no heating in winter, dangerous electrics or major leaks — should be addressed within hours or days. Less urgent repairs are typically expected to be completed within a few weeks. Under Awaab's Law in social housing, serious hazards must be investigated and fixed within strict, legally enforceable timeframes; similar duties are planned for the private rented sector.
Protection from Retaliatory Eviction
Some tenants worry that bringing a disrepair claim will lead to eviction. Existing law already restricts retaliatory Section 21 evictions where you've raised written disrepair complaints and the council has issued a relevant notice. The Renters' Rights Act 2025 goes further by abolishing Section 21 entirely, meaning private landlords will need a valid legal reason to end your tenancy. You should not be punished for asking your landlord to make repairs they are legally required to carry out.
What Can I Claim For?
When you make a housing disrepair claim, the court can order your landlord to carry out the repairs. As well as this, you may also be awarded compensation under several heads of loss, including:
Damage to Belongings
Compensation for any belongings damaged or destroyed as a result of the poor condition of the property. You may also be able to claim for items damaged during repairs carried out by your landlord.
Financial Loss
If you have suffered financial loss as a result of your landlord failing to carry out repairs, you may be able to claim for this. Please note that significant rent arrears can affect the outcome of your claim.
Personal Injury
If you have been injured as a result of your landlord's negligence, you could make a personal injury claim — for example respiratory problems caused by damp or mould, slip or trip injuries, or carbon monoxide exposure. Our panel can assist with medical reports, expert evidence and court proceedings.
Inconvenience
Compensation for general disruption to your daily life — including not being able to use parts of your home or having to wait long periods for repairs to be carried out.
Solicitors Regulatory Authority
All our panel of solicitors are registered with the SRA who conduct housing work.
Solicitors Regulation Authority
The independent regulator of solicitors and law firms in England and Wales.
sra.org.uk →Free Independent Advice
You can get free, independent advice from Citizens Advice or Shelter.
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Frequently Asked Questions
This article provides general information about housing issues in England and Wales and does not constitute legal advice. Legal services may be provided by independent solicitors where appropriate.