What is a housing disrepair claim?
A disrepair claim is a legal claim by a tenant that the landlord has failed to carry out repairs they are responsible for, or let a home that is unfit for human habitation. Tenants can claim compensation and ask the court to order works. Landlords are responsible for the structure, exterior and key installations.
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Key facts at a glance
| Item | Detail |
|---|---|
| Repairing duty | Landlord and Tenant Act 1985, section 11: structure, exterior, and installations for water, gas, electricity, sanitation and heating |
| Fitness for habitation | Homes (Fitness for Human Habitation) Act 2018, for all tenancies from 20 March 2020 |
| When the duty bites | Once the landlord knows, or should know, about the problem |
| Remedies | Compensation, an order to do works, and set-off against rent |
| Pre-action | Courts expect a letter of claim and a chance to inspect |
| Common causes | Damp and mould, leaks, heating and hot water failures |
How Claims Arise
Most claims follow repeated reports of damp, leaks or heating faults that were not fixed promptly. Specialist firms advertise to tenants and often bring claims on a no-win no-fee basis. Defending a claim is far easier when the landlord can show when problems were reported, what was done and when, and any access difficulties. Awaab's Law will set fixed deadlines once it applies to private renting, which will make delays easier to prove.
Disrepair and Selling
- Existing claims and disputes must be disclosed. Liability for past disrepair normally stays with the landlord at the time.
- Buyers look at repair logs, photos and inspection reports to judge the risk of future claims.
- Properties with chronic damp may need works or a price adjustment; investors price in the cost of putting them right and meeting the Decent Homes Standard.
Official Sources and Further Reading
- legislation.gov.uk: Homes (Fitness for Human Habitation) Act 2018
- GOV.UK: Guide for landlords, Homes (Fitness for Human Habitation) Act 2018
General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.
Frequently Asked Questions
A disrepair claim is a legal claim by a tenant that the landlord has failed to carry out repairs they are responsible for, or let a home that is unfit for human habitation. Tenants can claim compensation and ask the court to order works. Landlords are responsible for the structure, exterior and key installations.
The structure and exterior, and the installations for water, gas, electricity, sanitation, heating and hot water, under section 11 of the Landlord and Tenant Act 1985, plus keeping the home fit for human habitation.
Tenants should not simply withhold rent, as it can lead to arrears. In limited cases they can set off the cost of repairs against rent after following a proper procedure.
Usually the landlord at the time the disrepair occurred. The buyer becomes responsible for repairs from completion.
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