Renters' Rights and Housing Disrepair: What Private Tenants Can Expect
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 10 November 2025. Last reviewed and updated 20 April 2026.
The Renters' Rights Act 2025 — with key changes starting 1 May 2026 — represents the most significant overhaul of private renting law in a generation. For tenants dealing with housing disrepair, the reforms don't replace existing repair rights but add powerful new enforcement tools alongside them.
This guide explains what the reforms mean in practice: what's changing, what stays the same, and what steps tenants may take under the new framework.
Key Reforms at a Glance
The reforms don't rewrite the Landlord and Tenant Act's repair covenants. Instead, they add new standards, enforcement architecture, and tenant protections on top of existing rights.
Decent Homes Standard
A new standard framework for private rented homes enforced through the Housing Act 2004 hazard system. Regulations will set requirements for state of repair, safety, comfort, and suitable temperature — divided into 'type 1' (duty to enforce) and 'type 2' (discretionary) categories.
Landlord Redress Scheme
Mandatory membership of an independent redress/ombudsman scheme. The decision-maker may require landlords to apologise, pay compensation, and take 'other actions in the tenant's interests' — including repair steps.
Property Portal & Database
A new private rented sector database restricting marketing of properties unless the landlord has active entries. Unique identifiers must appear in adverts, enabling transparency and enforcement.
Expanded Rent Repayment Orders
RRO lookback windows increase from 12 months to 2 years. Liability extends to superior landlords and, in defined cases, directors and managers — closing the loophole confirmed by the Supreme Court in Rakusen v Jepsen.
Current Law Baseline
Before exploring what changes, it's important to understand what already protects private tenants. These existing rights remain in force under the reforms.
Section 11 — Repairing Duty
Landlord and Tenant Act 1985 implies obligations to keep the structure, exterior, and installations for water, gas, electricity, sanitation, heating and hot water in repair for most short residential leases.
Section 9A — Fitness for Habitation
Implies a term that the dwelling is fit for human habitation at the start and throughout the tenancy. Covers 29 hazard categories under the HHSRS framework for qualifying tenancies in England.
Local Authority Enforcement (HHSRS)
If a council identifies a category 1 hazard, it must take enforcement action. For category 2 hazards, it has a power (not duty) to act. This is the principal public enforcement pathway for dangerous conditions.
Rent Repayment Orders (Pre-Reform)
Before the reforms, RROs were limited to the immediate landlord only (confirmed by the Supreme Court in Rakusen v Jepsen) with a 12-month lookback window and rent recovery cap.
Important: Shelter's advice is clear — do not withhold rent as a tactic for getting repairs done. It can expose you to eviction and arrears action. Safer alternatives include negotiating temporary reductions, using complaints routes, and pursuing legal claims.
Current Law vs Reformed Regime
The table below summarises how key aspects of disrepair law change under the Renters' Rights Act 2025.
| Attribute | Current Law | Reformed Regime |
|---|---|---|
| Landlord obligations | Implied repair duty under s11; fitness duty under s9A (England) | Core s11/s9A duties remain unchanged — no wholesale replacement |
| Standards baseline | HHSRS hazard regime: LA duty for cat 1 hazards; power for cat 2 | Adds Decent Homes Standard with type 1/type 2 requirements enforced via Housing Act 2004 s5/s7 |
| Enforcement actors | Tenant (civil claim); LA environmental health; tribunal for RRO | Adds mandatory landlord ombudsman, property portal/database, expanded RRO scope |
| Remedies | County Court injunction/damages; LA enforcement notices; RRO up to 12 months, immediate landlord only | Ombudsman compensation + required actions; RRO expanded to 2 years reaching superior landlords and directors |
| Key timeframes | Pre-action protocol: 20 working day landlord response; 12-month RRO window | RRO windows extended to 2 years; redress scheme timing set by regulations |
| Compliance drivers | HHSRS offences; limited RRO; retaliation risk via section 21 | Financial penalties for redress breaches; portal offences; wider RRO; section 21 abolished from May 2026 |
Disrepair Pathway Under the New Regime
Under the reformed framework, tenants may follow a structured escalation path. The route depends on urgency, hazard severity, and the remedy sought.
Day 0 — Record and Report
Record all defects with dated photos and video. Start a symptom/health log. Notify your landlord in writing — email or letter — describing each issue by room, with dates first noticed.
Days 1–7 — Urgent Hazards
If the issue is a serious hazard (unsafe electrics, gas leak, severe damp/mould), request urgent landlord attendance and consider reporting to your local council for an environmental health inspection.
Days 7–21 — Landlord Response Window
Allow time for the landlord to respond and arrange repairs. Keep written records of all communications. If repairs are promised, note agreed timescales and follow up in writing.
If Unresolved — Escalate
Use your landlord's formal complaints process. Prepare a complaint to the new mandatory landlord redress/ombudsman scheme (once scheme rules are published). Request a local authority HHSRS inspection — the council may serve an improvement notice.
After Inspection — Build Your Evidence
Your evidence bundle grows: inspection reports, correspondence, receipts, medical evidence if health is affected. Under the pre-action protocol, disclosure expectations include tenancy agreements, inspection records, and computerised records.
Remedies — Multiple Routes Available
RRO route: If the landlord fails to comply with an improvement notice, consider an RRO application (up to 2 years of rent). Court route: Follow the Pre-Action Protocol (Letter of Claim → 20 working day response → expert steps) for injunction and damages. Ombudsman route: Pursue compensation and required actions through the redress scheme.
Limitation Periods to Note
Breach of tenancy terms (contract): generally 6 years from accrual. Personal injury claims: typically 3 years (subject to date of knowledge rules). RRO applications: 2 years under the reformed regime.
Likely Tenant Impacts
Stronger Compliance Incentives
The combination of a property portal (restricting marketing without active entries), mandatory redress with civil penalties, and expanded RRO reach should increase expected costs of ignoring housing standards — particularly in complex landlord chains.
Greater Willingness to Report
The abolition of section 21 'no-fault' evictions from May 2026 is expected to give tenants greater confidence to press for repairs without fear of retaliatory eviction. While other eviction routes remain, removing section 21 removes the most commonly cited deterrent.
Health & Safety Outcomes Depend on Delivery
The Decent Homes framework is enabling law until regulations set the actual requirements. Enforcement outcomes will depend on council resourcing and inspection capacity — already a known constraint in disrepair enforcement.
Practical Steps for Tenants
Whatever route you take, the following low-regret sequence applies: notify in writing and keep evidence; escalate through complaints and enforcement; use tribunal or court routes for enforceable remedies.
Notify your landlord or agent in writing — describe each defect by room with dates first noticed
Keep dated photos, videos, and a defect diary throughout
If the issue is safety-critical, request urgent attendance and consider reporting to your local council
Use your landlord's complaints process, then escalate to the redress/ombudsman scheme
Request a council environmental health inspection (HHSRS) — they may serve an improvement notice
If formal enforcement fails, consider an RRO application or County Court claim
Do not withhold rent — it can expose you to eviction and arrears action
Template: Initial Repair Notice
Use this structure when first notifying your landlord. Adapt the wording to your situation.
Subject: Urgent repairs required at [address] — request for inspection and repair timetable
"I am reporting the following defects at [address]: [list defects by room, with dates first noticed]. These issues are affecting [health / use of rooms / belongings].
I request an inspection within [7 days] and a written repair timetable with start and completion dates. Please confirm in writing who will attend and when access is needed.
I attach photos/videos and a log of occurrences."
If the issue is safety-critical, add: "This may constitute a serious hazard; please treat as urgent."
Protocol tip: If your landlord does not respond satisfactorily, use the MoJ Pre-Action Protocol structure for a formal Letter of Claim: identify the property and defects, explain how and when notice was given, request tenancy documents and inspection records, propose expert steps, and request proposals for repairs and compensation. Landlords should normally reply within 20 working days.
Evidence Checklist
Strong evidence supports every route — redress, tribunal, or court. Focus on these items:
Dated photos and videos of every defect
Copies of all messages and correspondence
A defect diary (dates, observations, impact)
Copies of contractor no-show notes
Medical notes if health is affected
Receipts for damaged items or mitigation costs
Tenancy agreement and related documents
Council inspection reports (if applicable)
Living with unresolved housing disrepair?
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Risks, Gaps & Unresolved Issues
Key detail is still unspecified
The Decent Homes Standard for private renting is enabled through regulation-making powers, but the primary legislation does not itself set measurable repair or condition thresholds, nor does it specify statutory repair timeframes. The landlord redress scheme's practical rules and enforcement details are also largely left to regulations.
England-focused — Wales differs
Many provisions make repeated "in England" references for Decent Homes mechanisms. Tenants in Wales should not assume automatic parity and should check Welsh housing law and commencement separately.
Rent arrears still interact with disrepair
Even where disrepair is serious, withholding rent is risky and may trigger possession actions. If you have significant rent arrears (particularly over £1,000), this may practically affect your claim's viability — solicitors may be less willing to act and courts may view it unfavourably. Safer approaches involve evidence, complaints, enforcement, and court/tribunal claims.
Enforcement capacity is a real constraint
Without adequate local authority resourcing and effective scheme operation, the new tools may under-deliver relative to their formal legal promise. Pre-action protocols and early resolution attempts reflect a system already under strain.
RROs remain offence-contingent
Tenants should not assume RROs are available for "disrepair" generally. They depend on specified offences (e.g., failure to comply with an improvement notice), and tribunal fact-finding often applies a criminal standard of proof ("beyond reasonable doubt").
Key Takeaways
Your existing repair rights under section 11 and section 9A remain in place — the reforms add new tools, they don't replace existing ones
From May 2026, landlords must join a mandatory redress scheme that can award compensation and require repairs
Rent Repayment Orders become more powerful — 2-year lookback, liability extended to superior landlords
Section 21 "no-fault" evictions are abolished, reducing the risk of retaliatory eviction for reporting disrepair
Many details depend on secondary legislation not yet published — including the Decent Homes Standard thresholds
Always report in writing, keep dated evidence, and never withhold rent as a repair tactic
Related 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.