Housing Disrepair Guide: Your Rights as a Tenant
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 September 2025. Last reviewed and updated 25 April 2026.
Wondering what is housing disrepair and what your rights are as a tenant? Whether you're dealing with persistent damp, a broken boiler, or structural damage, this housing disrepair guide explains housing disrepair law, how to gather evidence, escalation routes, and the remedies that may be available for house disrepair in rented homes.
Housing Disrepair Law: What Protects You
Several pieces of housing disrepair legislation in England and Wales establish your landlord's obligation to keep your home in a reasonable state of repair. Together, these Acts form the backbone of disrepair housing law for both private and social tenants.
Landlord and Tenant Act 1985
Section 11 requires landlords to keep in repair the structure and exterior of the property, installations for water, gas, electricity, and sanitation, and installations for heating.
Section 9A (via the Homes Act 2018) requires that rented properties are fit for human habitation throughout the tenancy — covering damp, ventilation, lighting, water supply, and freedom from hazards.
HHSRS (Housing Act 2004)
A risk-based system identifying 29 potential hazards including damp, excess cold, falls, fire, and structural collapse. Hazards are classified as Category 1 (serious, mandatory action) or Category 2 (requires attention).
Awaab's Law
Introduced following the tragic death of two-year-old Awaab Ishak from prolonged mould exposure. Sets specific timescales for social housing landlords:
Currently applies to social housing, but reflects growing expectations across all tenures.
Common Housing Disrepair Issues
Disrepair can take many forms. These are the most frequently reported house disrepair issues we see across both private rentals and social housing in England and Wales:
Damp and Mould
Penetrating damp, rising damp, and condensation can lead to mould growth linked to respiratory conditions and allergies.
Structural Defects
Cracks in walls, subsidence, unstable floors, and deteriorating foundations posing serious safety risks.
Plumbing & Water Damage
Leaking pipes, blocked drains, faulty boilers, and inadequate hot water leading to further damp and damage.
Heating & Insulation
Broken heating systems — a Category 1 hazard under HHSRS. Landlords must maintain heating in working order.
Electrical Hazards
Faulty wiring, exposed cables, and outdated systems posing fire and electrocution risks. Must be inspected every 5 years.
Pest Infestations
Rodents, insects, or other pests resulting from structural gaps or poor maintenance. Landlords may be liable.
Learn more about damp issues in our guide on what to do if your landlord ignores damp and mould.
Gathering Evidence
Strong evidence is essential if you need to escalate a disrepair issue. The more thorough your documentation, the stronger your position.
Photos & Videos
Clear, timestamped images of all affected areas. Include wide shots and close-ups. Photograph regularly to show progression.
Written Records
Detailed log of when issues were first noticed, every report made, responses received, and impact on daily life.
Correspondence
Save all emails, letters, texts, and phone call notes. Follow up verbal reports in writing. Use recorded delivery.
Medical Evidence
Visit your GP if health is affected. Explain the link between symptoms and housing conditions. Records strengthen your case.
Financial Records
Receipts for damaged belongings, increased bills, cleaning costs, temporary accommodation, and other expenses.
Reporting and Escalation
If your landlord fails to address disrepair after you've reported it, there are several steps you can take to escalate the matter.
Notify Your Landlord in Writing
Report the problem by email or letter. Be specific about the issue, location, and when you first noticed it. Keep a copy.
Follow Up
If no response within 14 days, send a follow-up referencing your original report. See our article on how long a landlord has to fix repairs.
Contact Your Local Council
Your council's environmental health team can inspect under the HHSRS and serve improvement notices. Read our guide on reporting to your council.
Contact the Housing Ombudsman
Social housing tenants can escalate to the Housing Ombudsman Service, which can investigate and order landlords to take action, pay compensation, or change practices.
Resolution Routes
Depending on the nature and severity of your disrepair issue, there are several formal routes.
Housing Ombudsman
For social housing tenants. Investigates complaints and can make binding decisions including compensation orders.
Small Claims Court
For claims up to £10,000 without needing a solicitor. Suitable for straightforward cases with modest losses.
Pre-Action Protocol
Required before formal proceedings — disclosure of documents, expert inspections, and settlement attempts.
Formal Claims
For serious cases with significant health impact or financial loss. Specialist solicitors can assess the strength of your case.
Learn more about how the claims process works.
Remedies and Compensation
Where a housing disrepair issue is resolved formally, several types of remedy may be available. See our detailed guide on housing disrepair claims compensation.
General Damages
Compensation for inconvenience, discomfort, and loss of enjoyment — typically calculated as a percentage of rent.
Special Damages
Reimbursement for damaged belongings, increased energy bills, temporary accommodation, medical expenses, and cleaning costs.
Specific Performance
A court order requiring the landlord to carry out specific repairs — often the primary objective for tenants.
Injunctions
In urgent cases, the court may require immediate action to address a serious health or safety hazard.
Writing to Your Landlord
Clear, written communication is essential at every stage. Here are the key letters you may need.
Initial Notification Letter
Describe the disrepair, when you first noticed it, the impact on your household, and request repairs within 14–28 days. Keep the tone factual.
Follow-Up Letter
Reference your original letter with the date, note any deterioration, and state you intend to contact your council if the matter isn't resolved.
Pre-Action Letter
Formally notifies your landlord you are considering legal action. Reference the Pre-Action Protocol and give a final opportunity to resolve.
Has your landlord failed to act?
If you've been living with unresolved housing disrepair, you may be able to take further steps.
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Solicitors Regulation Authority
All solicitors on our panel who handle housing disrepair claims are regulated by the Solicitors Regulation Authority (SRA), the independent regulator for solicitors and law firms in England and Wales.
Solicitors Regulation Authority
The independent regulator of solicitors and law firms in England and Wales.
sra.org.uk →Free Independent Advice
Before taking any action on house disrepair, you can get free, independent advice on your rights under housing disrepair the law in England and Wales from Citizens Advice or Shelter.
Key Takeaways
Your landlord has a legal obligation to maintain your home in a reasonable state of repair under the Landlord and Tenant Act 1985.
Awaab's Law introduces fixed timescales for social housing repairs — emergency (24 hours), urgent (7 days), non-urgent (28 days).
Always report disrepair in writing and keep copies of all correspondence.
Gather thorough evidence — photos, written logs, medical records, and financial records.
If your landlord won't act, escalate through your council, the Housing Ombudsman (social housing), or seek independent legal advice.
Remedies may include compensation for inconvenience and financial losses, court orders for repairs, and rent reductions.
Further Reading
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.