Landlord Disrepair Disputes
Our Landlord and Tenant Solicitors provide answers to your questions on landlord disrepair disputes in this guide.
Contact our Disrepair Claim Lawyers for advice on tenant rights and making a disrepair claim.
Data on landlord disrepair disputes
On 30 January 2025, the Ministry of Housing, Communities and Local Government published the English Housing Survey 2023 to 2024: Headline Findings on Housing Quality and Energy Efficiency.
The key findings for tenants were:
- Although the proportion of non-decent homes decreased from 17% in 2019 to 15% in 2023, there was no significant decrease in the proportion of non-decent homes in the private rented sector. The decrease was primarily observed in the owner-occupied sector (from 16% to 14%) and the social rented sector (from 12% to 10%).
- In 2023, Category 1 hazards remained more prevalent in the private rented sector (10%) than the owner-occupied housing (8%) and the social rented sector (4%).
- In 2023, 5% of homes in England experienced dampness problems, higher than in any of the previous five years (3%- 4%). Dampness has increased across all tenures since 2019, being more prevalent in the private rented sector (9%) compared to the social rented sector (7%) and the owner-occupied sector (4%).
- In 2023, significant condensation was more prevalent in homes (3%) than rising damp (2%) and penetrating damp (2%).
- Over the last 10 years, the number of homes in the best energy efficiency bands (A to C) increased from 23% to 52%, while the proportion in the lowest bands (E to G) decreased from 26% to 9%.
- Privately rented homes had the lowest proportion of central heating (86%).
- In 2023-24, only 47% of private tenants reported having an electricity smart meter compared to 59% of owner-occupiers and 53% of social renters.
What does this data mean? If you rent from a private landlord, your home is more likely to be classified as non-decent or to have a Category 1 hazard compared to homes owned or homes rented from a local authority or housing association. That doesn’t mean all privately rented homes are sub-standard or contain Category 1 hazards, but the report goes some way to explaining the increase in disrepair compensation claims.
The law on landlord disrepair
Landlords have a legal duty to ensure that properties rented to tenants:
- Are fit for human habitation and
- Are repaired so the landlord’s legal obligations under Section 11 of The Landlord and Tenant Act 1985 are met.
- Comply with the Government’s Decent Homes Standard if the home is rented from a landlord in the social rent sector.
The Decent Homes Standard can be found here.
In addition to a landlord’s statutory and regulatory obligations, a landlord must also comply with the terms of the tenancy agreement. The terms of the tenancy agreement may be more onerous than the statutory requirements.
A property may be fit for human habitation at the start of the tenancy agreement but may become unfit because of disrepair.
Section 11 Landlord and Tenant Act 1985
Section 11 of the Landlord and Tenant Act 1985 applies to private landlords and social landlords. Almost all residential tenancy agreements are covered by the Act. However, the 1985 Act does not offer you protection if you are a lodger or living in a property under a licence agreement.
The Act requires landlords to make repairs to the structure and exterior of the rental property, as well as maintain installations. The latter includes boilers, pipes, and electrics.
A landlord cannot exclude their obligations under the Act by attempting to restrict their repairing obligations in the tenancy agreement. However, a landlord can agree to more onerous repairing obligations in the tenancy agreement than required by statute.
A landlord can argue that they are not at fault for disrepair if they were not informed about the issue or if the tenant refused the landlord or the tradespeople access to the property to carry out the necessary remedial work. It's therefore vital to keep a record of any communications notifying your landlord about problems at your rental property or over arranging access.
Landlord disrepair disputes
Disrepair can quickly escalate from a minor inconvenience and irritation to a significant problem affecting the tenant and their family. If disrepairs are not sorted out or if maintenance work is not carried out to a reasonable standard, it can lead to tenant complaints and a disrepair claim. Compensation can be sought for:
- Damages to belongings
- Illness
- Injury
- Inconvenience
- Financial losses
Examples of disrepair compensation
Examples of disrepair compensation include:
- Belongings damaged by a ceiling collapsing after a water leak
- A child suffering from an ongoing respiratory illness due to dampness and mould
- A tenant experiencing carbon monoxide poisoning because the boiler was faulty
- A tenant having to move to other temporary accommodation as there was no heating or running water at the rental property
Choosing OTS Solicitors to handle your disrepair dispute
When your landlord has let you down, it's essential to choose the right Landlord and Tenant Solicitor. The team at OTS Solicitors specialise in tenant rights, landlord repair obligations and tenant disrepair claims. We will guide and support you through every step of your claim, starting with an initial consultation to discuss the disrepair and determine how we can assist you.
Contact our Disrepair Claim Solicitors Today to begin your claim.
Frequently Asked Questions on Landlord Repair Obligations and Disrepair Claims
Who can claim housing disrepair?
You can make a disrepair claim if you are a tenant and have notified your landlord about the repairs, but they have not been addressed after a reasonable amount of time.
Unfortunately, you cannot bring a claim if you are a lodger or living in a house with a licence agreement.
What evidence do I need to bring a claim for housing disrepair?
Your Disrepair Claim Lawyers will want to see a copy of your tenancy agreement and evidence of the disrepair. The evidence could be photos or a report. If your health has been affected by the disrepair, medical evidence will be needed to bring a compensation claim. Our Landlord and Tenant Lawyers will discuss the best approach to build your disrepair claim during your first consultation.
How long does a landlord have to make repairs?
A landlord should fix repairs at a tenanted property in a reasonable timeframe. The time starts from when you told them about the problem. If the problem is urgent, the landlord must act promptly to avoid tenant complaints and potential claims. For example, a faulty boiler that causes you to have no heat or hot water needs urgent action. A leaking tap does not need to be sorted out as quickly.
Do you need to attend court for housing disrepair compensation?
A housing disrepair claim starts with your Disrepair Claims Lawyer sending a letter before action to your landlord. The letter before action will highlight the problem and outline the desired course of action. Your landlord may be willing to work with you on resolving the disrepair dispute rather than face a court claim.
Court rules encourage landlords and tenants to try and reach an agreement outside of court. You may be asked to attend mediation to see if an agreement can be reached. Our Tenancy Lawyers will support and guide you throughout your claim, including representation at court if you are unable to resolve the matter by agreement.
Contact OTS Solicitors for expert legal advice on claiming disrepair compensation as a tenant.
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