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Filing a Housing Disrepair Claim – A Complete UK Tenant Guide

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Introduction

Every tenant in the UK has the right to live in a safe, secure, and habitable home. However, many landlords fail to carry out essential repairs, leaving tenants to suffer from damp, mould, leaks, and dangerous living conditions. If you've reported issues and nothing has been done, you may be entitled to file a housing disrepair claim.

This article covers everything you need to know about making a claim, including tenant rights, the legal obligations of landlords, and how to secure compensation.

What Is a Housing Disrepair Claim?

A housing disrepair claim is a legal process where a tenant seeks compensation from a landlord for failing to maintain a rental property to a legally acceptable standard. This claim can also force landlords to carry out necessary repairs.

Housing disrepair claims can be made by tenants in council housing, housing associations, or private rented properties—so long as the disrepair has been reported and the landlord has failed to act.

Common Types of Housing Disrepair

Before filing a housing disrepair claim, it’s important to understand what qualifies as disrepair under UK law.

Examples of Disrepair

  • Damp and mould on walls or ceilings

  • Leaking roofs or pipes

  • Broken heating or hot water systems

  • Faulty electrical wiring

  • Cracks in walls or ceilings

  • Structural issues

  • Pest infestations

  • Unsafe flooring or staircases

If these conditions affect your health, damage your belongings, or make parts of your home unusable, you may be eligible to claim.

Landlord’s Legal Responsibilities

Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords must:

  • Keep the structure and exterior of the property in good repair

  • Ensure plumbing, heating, and electrical systems are safe and functional

  • Respond to disrepair complaints within a reasonable timeframe

  • Ensure the property is free from serious hazards

Failure to meet these obligations may constitute landlord neglect, making them liable for repairs and compensation.

Your Rights as a Tenant

As a tenant, you are protected under UK housing law. If your landlord has failed to carry out essential repairs after being notified, you can:

  • Take legal action via a housing disrepair claim

  • Claim compensation for the inconvenience or harm caused

  • Force the landlord to carry out the repairs

  • Report the issue to the local authority if necessary

To begin the legal process, you can Contact Us Housing Disrepair for a no-obligation review of your case.

When Can You Make a Claim?

You may be able to file a housing disrepair claim if:

  • You’ve reported the issue to your landlord

  • They’ve failed to take appropriate action within a reasonable period

  • The disrepair has affected your health, belongings, or use of your home

  • You are still living in the property or left within the last six years

Step-by-Step Process for Filing a Housing Disrepair Claim

Filing a claim is easier than you might think, especially with legal guidance. Here’s what you should do:

1. Document the Problem

Take photos or videos of the disrepair and keep written records of your communications with the landlord.

2. Notify Your Landlord

Send a formal written complaint. Be specific about the problem and include any evidence. Give them time to respond.

3. Seek Legal Advice

Speak with a solicitor who specialises in housing disrepair. Many work on a no-win, no-fee basis.

4. Property Inspection

Your solicitor may arrange for a surveyor to inspect the property and provide a detailed report.

5. Submit Your Claim

Your legal team will submit the claim to the landlord. If they fail to settle or respond, the matter may proceed to court.

To begin this process, Contact Us Housing Disrepair and speak to an advisor about your situation.

What Can You Claim Compensation For?

Compensation amounts vary depending on the severity of the disrepair and its impact on you. You may be eligible for:

  • General damages – For discomfort, inconvenience, and reduced quality of life

  • Special damages – For financial losses such as damaged items, medical costs, or higher energy bills

  • Health-related damages – If mould or damp has worsened conditions like asthma or caused new health issues

Frequently Asked Questions

Can I claim if I’m still living in the property?

Yes. Most claims are made while the tenant is still living in the affected property.

Will I need to go to court?

Many claims are settled before reaching court. However, if the landlord refuses to cooperate, court may be necessary.

Do I need to stop paying rent?

You must continue paying rent unless advised otherwise by a solicitor. Not paying rent can harm your legal position.

Final Thoughts

Living in a poorly maintained property isn't just frustrating—it’s a breach of your rights. If your landlord fails to carry out necessary repairs despite your reports, you're entitled to take legal action through a housing disrepair claim.

Get the justice and compensation you deserve. Contact Us Housing Disrepair today to speak with a specialist who can assess your eligibility and guide you through the claims process.

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