Private Landlord Housing Disrepair Claims: 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 20 October 2025. Last reviewed and updated 20 April 2026.
Housing disrepair claims against a private landlord are one of the main legal routes available to private renters in England when their home is unsafe or unfit to live in. If you have reported damp, leaks, broken heating or structural problems and your private landlord has failed to act, you may be able to make a disrepair claim against the private landlord to force repairs and recover compensation. This guide explains your rights, the upcoming changes to private rented sector disrepair rules, and how the claims process works.
Your Private Landlord's Legal Duties
Section 11, Landlord & Tenant Act 1985
Private landlords must keep the structure, exterior, heating, hot water, gas, electrics and sanitation in good repair.
Homes (Fitness for Human Habitation) Act 2018
Your private rented home must be fit to live in throughout the tenancy — not just on the day you move in.
Housing Health & Safety Rating System
Councils can act against private landlords whose homes contain Category 1 or 2 hazards such as serious damp or cold.
Common Issues Behind a Disrepair Claim Against a Private Landlord
Damp & Mould
Persistent black mould, condensation damp or rising damp left untreated by your private 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 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.
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What's Changing for Private Rented Sector Disrepair
The Renters' Rights Act 2025 introduces some of the biggest changes to private rented sector disrepair in a generation. Several measures require new regulations to be laid before they take effect:
- Awaab's Law extended to the private rented sector — private landlords will have to investigate and fix serious hazards (such as damp and mould) within strict, legally enforceable timeframes.
- Decent Homes Standard applied to the PRS — for the first time, privately rented homes will have to meet a minimum standard of repair, safety and warmth.
- Landlord redress scheme — a mandatory ombudsman-style scheme for private landlords, giving tenants a free way to escalate disrepair complaints.
- Private rented sector database — landlords and properties will be registered, making enforcement against poor-quality housing easier.
- Abolition of Section 21 'no-fault' evictions — making it harder for private landlords to evict tenants who raise legitimate disrepair concerns.
Some of these changes require secondary regulations to be laid before they take effect. Timelines may continue to evolve — but the direction of travel is clear: stronger protections for private renters facing disrepair.
How to Make a Private Landlord Housing Disrepair Claim
Report the disrepair in writing
Give a reasonable time to fix it
Gather your evidence
Escalate to the council or redress scheme
Speak to a no-win, no-fee disrepair solicitor
Evidence Checklist for Your Claim
Dated photos and videos of every affected area
Copies of all 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
Any council environmental health reports
What You Can Claim For
An Order for Repairs
The court can order your private 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.
Protection from Retaliatory Eviction
Some private renters worry that complaining will lead to eviction. Current 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.
Related Guides
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.