How to Make a Housing Disrepair Claim Against Your Landlord

Understand your legal rights and the process for claiming compensation

Quick Answer

Under the Landlord & Tenant Act 1985, your landlord must keep the property's structure, exterior, and services in good repair. If they fail to do so, you can claim compensation for the diminution in rent value, distress, and inconvenience. You must notify them in writing and give them a reasonable opportunity to repair before escalating.

What Counts as Housing Disrepair?

Housing disrepair includes defects that affect the safety or habitability of your home. Common examples include damp and mould, faulty electrics or plumbing, broken windows or doors, non-functional heating or hot water, structural issues like cracked walls, or pest infestations. These problems must be the landlord's responsibility under the lease, not caused by tenant damage.

The key test is whether the defect materially affects the property's utility for living. Minor cosmetic issues typically don't count, but anything affecting safety, comfort, or basic functions does.

What the Law Says

Landlord & Tenant Act 1985 (Section 11)
Primary repairing obligation
Requires landlords to keep the structure, exterior, and pipes/wires in good repair and to maintain heating and hot water. Applies to most residential tenancies.
Homes Act 2018 (Section 9)
Fitness for human habitation
Properties must be fit for human habitation. Landlords must remedy any defects that would make the property uninhabitable within a reasonable time of notice.
Defective Premises Act 1972 (Section 4)
Duty of care for common areas
Landlords must take care to ensure common areas and shared facilities are maintained in a safe condition.

How to Make Your Claim

First, document the problem thoroughly with photographs, dates, and descriptions. Send your landlord a formal written notice detailing the defect and requesting repair within 14-21 days. Keep a copy. If they don't respond or refuse, send a second formal notice with a deadline. If still unresolved, you can escalate to your local council's Environmental Health department or pursue a claim in Small Claims Court for compensation.

For emergency issues (no heating in winter, no water), contact your landlord immediately and your local council, as these are urgent habitability breaches.

FAQ

How much compensation can I claim? +

Compensation varies based on the severity, duration, and impact of the disrepair. You can claim the diminution in rent value (how much the property is worth less due to the problem), plus damages for distress and inconvenience. Courts typically award 10-25% of annual rent for serious, extended disrepair. Use our tools to calculate a realistic amount based on your situation.

How long does my landlord have to repair? +

Most repairs should be completed within a reasonable time—typically 14-21 days for standard repairs. Emergency repairs (no heating, no water, unsafe electrics) must be done urgently, usually within 24-48 hours. If your landlord delays unreasonably, this strengthens your case for compensation.

Can I withhold rent until repairs are done? +

Withholding rent is risky and can lead to eviction for non-payment. However, you may have the legal right to repair and deduct—if your landlord refuses to repair, you can arrange repairs yourself and deduct the cost from rent, but only under strict conditions. Get legal advice before doing this, as the process is complex.

What if my landlord blames me for the damage? +

If the defect is structural or wear-and-tear (not caused by your misuse), your landlord cannot blame you. Document that you reported it and didn't cause it. Damp, mould, and structural issues are almost always the landlord's responsibility. Our platform helps you build a strong evidence file.

Can I claim if I've already moved out? +

Yes, but your claim is stronger if you claim while still renting. You have 6 years to bring a claim, but evidence fades and your damages reduce after you've left (as you're no longer affected). Claim sooner rather than later for the best outcome.

Ready to Claim?

Use our Tenant Disrepair Tool to document your case, calculate fair compensation, and generate a formal demand letter to send to your landlord.

Check Your Rights