Know When a Housing Association is Acting Unreasonably

Are you a tenant living in a property managed by a housing association? Have you ever wondered if the housing association is behaving unreasonably? Let’s dive into this often perplexing topic to help you identify the signs and understand your rights as a tenant. In this article, we’ll explore the duty of care that housing associations have, the rights of housing association tenants, and how to recognize when a housing association may be acting unreasonably. We will also explain how best to start a claim for your housing disrepair.

Housing Associations and Their Responsibilities

Housing associations are non-profit organizations that play a crucial role in providing affordable housing to individuals and families. They act as landlords for many properties, renting them out to tenants while also maintaining and managing these homes.

Just like any landlord, housing associations have a duty of care towards their tenants. This means they are responsible for ensuring the properties they manage are safe, secure, and well-maintained. They must comply with all relevant regulations and laws, as well as promptly address any issues or repairs that arise during a tenant’s stay.

Promoting Fair and Reasonable Treatment

As part of their duty of care, housing associations are expected to treat their tenants fairly and reasonably. This includes respecting the tenant’s right to enjoy their home without unnecessary interference or disturbances.

Exploring the Rights of Housing Association Tenants

As a housing association tenant, you have the right to live in a safe and habitable environment. This means the property should meet basic standards of health and safety. For instance, the structure of the building should be sound, there should be a functional heating system, and the property should be free from hazards that could cause harm.

The Right to Quiet Enjoyment

Every tenant has the right to quiet enjoyment. This means you have the right to live in your home without being disturbed or harassed by the landlord or anyone acting on their behalf. Of course, this doesn’t mean you can engage in disruptive behavior, but rather that the housing association should respect your privacy and refrain from interfering unnecessarily.

The Right to Prompt Repairs

If something in your home needs repair, you have the right to prompt attention from the housing association. Whether it’s a leaky faucet, a faulty electrical outlet, or a broken window, the housing association should respond to your repair requests in a reasonable time frame. Timely repairs are essential to maintaining a safe and comfortable living environment.

The Right to Fair Treatment

As a tenant, you should expect fair treatment from the housing association in all aspects of your tenancy. This includes fair allocation of housing, transparent communication, and equitable treatment without discrimination based on race, gender, religion, or any other protected characteristic.

What Counts as Social Housing Disrepair?

Social housing disrepair means your housing association home has fallen below a legally recognised standard of repair, and your landlord has failed to fix it within a reasonable time. This covers structural defects, damp and mould, broken heating, faulty electrics, leaking roofs, and pest infestations that the housing association knew about, or should have known about, and did not put right.

Government figures show the scale of the problem across the social rented sector. According to the Department for Levelling Up, Housing and Communities, roughly 10% of social housing in England fails to meet the Decent Homes Standard, the minimum benchmark every housing association property is supposed to meet. That standard requires homes to be free from serious hazards, in a reasonable state of repair, with reasonably modern facilities and effective heating and insulation.

Not every maintenance issue counts as disrepair in the legal sense. A single missed appointment or a minor cosmetic mark on a wall is unlikely to succeed as a claim. However, persistent, unresolved problems that affect your health, safety, or ability to live comfortably in your home almost always do.

Awaab’s Law: New Legal Timescales Housing Associations Must Follow

As of 27 October 2025, social landlords in England, including every housing association, must comply with Awaab’s Law. Named after two-year-old Awaab Ishak, who died as a result of prolonged exposure to mould in his family’s housing association flat, this legislation sets out strict, legally enforceable deadlines for repairs — something the general “act reasonably” duty never spelled out in detail.

Under Awaab’s Law, your housing association must:

• Investigate emergency hazards, such as a gas leak, total loss of water, or severe mould affecting a resident’s health, within 24 hours of being told about them
• Investigate significant hazards within 10 working days of being made aware of the issue
• Complete emergency safety work within 24 hours of the investigation finishing
• Complete significant hazard repairs within 5 working days of the investigation finishing
• Begin any further preventative work within 5 working days, or, where that is not possible, start it within 12 weeks
• Give you a written summary of their findings and planned action within 3 working days of the investigation

Importantly, if your housing association cannot meet these deadlines, they are required to offer suitable alternative accommodation at their own expense until the repair is complete. In 2026, Awaab’s Law is being extended beyond damp and mould to cover excess cold, excess heat, falls, structural collapse, fire, and electrical hazards, with the remaining categories following in 2027. As a result, a housing association that drags its feet on any of these issues is no longer simply being “unreasonable” — it may be breaking the law.

How Big Is the Social Housing Disrepair Problem?

You are not alone if you feel your housing association is failing to keep up with repairs. The Housing Ombudsman Service, which investigates complaints against social landlords, reports that repairs are consistently the single most complained-about issue in its casework. Furthermore, its most recent spotlight report recorded a 474% increase in repair-related complaints, while damp and mould alone now account for around half of all cases the Ombudsman investigates.

This data matters for two reasons. Firstly, it shows that delays and poor communication from housing associations are a widespread, systemic issue rather than an isolated experience. Secondly, it means the Ombudsman and the courts have become increasingly familiar with how these cases play out, which can work in your favour when you decide to pursue a claim.

Housing Ombudsman Complaint vs a Legal Disrepair Claim

It’s worth understanding that reporting your housing association to the Housing Ombudsman and making a housing disrepair claim are two different routes, and you do not have to choose only one.

• Housing Ombudsman complaint: A free service that investigates how your housing association handled your complaint. It can order an apology, procedural changes, or a compensation payment, but this is generally modest and focused on the complaint handling itself.
• Legal disrepair claim: A route through which you can seek compensation for the impact disrepair has had on you, covering issues like damaged belongings, health problems linked to damp or mould, and the reduced value of living in a property that wasn’t properly maintained.

Many tenants use the Ombudsman process to formally document a housing association’s failures, and then use that evidence to strengthen a subsequent legal claim.

Signs of Unreasonable Behaviour

One of the most common signs of a housing association acting unreasonably is when they consistently ignore or delay addressing repair requests. If you’ve reported a problem multiple times, and it goes unresolved for an extended period, it could be an indication that the housing association is not fulfilling its duty of care.

Excessive Rent Increases

While housing associations do have the right to increase rent to cover maintenance costs and inflation, sudden and excessive rent hikes without a valid reason may be unreasonable. Rent increases should be justified, reasonable, and in line with local market rates.

Lack of Communication

A responsible housing association should maintain open lines of communication with its tenants. If you find that your attempts to reach out are consistently met with silence or unresponsiveness, it might be a sign that the housing association is not acting reasonably.

Invasive or Harassing Behaviour

Another red flag is if the housing association engages in invasive or harassing behavior towards tenants. This could include frequent and unannounced visits, making unfounded accusations, or interfering with your right to quiet enjoyment.

People Also Ask: Social Housing Disrepair

Q1: Does Awaab’s Law apply to all housing associations?

A: Yes. Awaab’s Law applies to every registered social landlord in England, including housing associations and local councils. It does not currently apply to private landlords, though a separate Private Rented Sector Ombudsman service has been announced.

Q2: How long does a housing association have to fix damp and mould?

A: Under Awaab’s Law, a housing association must investigate a significant hazard like damp and mould within 10 working days and complete the necessary safety work within 5 working days of that investigation concluding. Emergency-level mould affecting your health must be investigated within 24 hours.

Q3: Can I claim compensation if my housing association missed the Awaab’s Law deadlines?

A: Missing a legally set deadline strengthens your position considerably, since it demonstrates your housing association failed to act reasonably or lawfully. National Claims can help you understand whether missed deadlines support a stronger disrepair claim.

Q4: What percentage of social housing fails to meet basic standards?

A: Government figures indicate around 10% of social housing in England does not meet the Decent Homes Standard, the minimum condition every housing association property is required to reach.

Making a Housing Disrepair Claim

A housing disrepair claim is a legal process through which a tenant can seek compensation or repairs from their housing association for failure to maintain the property in a reasonable condition. If you’ve experienced significant disrepair issues that the housing association has not addressed despite your efforts, making a disrepair claim may be a viable option.

Gathering Evidence

To strengthen your housing disrepair claim, it’s crucial to gather evidence of the disrepair and the housing association’s failure to address it. Take photographs and videos of the issues, keep records of any communications with the housing association, and document the dates when you reported the problems.

Notifying the Housing Association

Before initiating legal action, it’s essential to give the housing association one final opportunity to address the disrepair. Send them a formal written notice outlining the issues and the actions you expect them to take within a reasonable timeframe.

Seeking Legal Assistance

If the housing association still fails to address the disrepair after receiving your notice, or if they dispute your claim, seeking legal assistance becomes necessary. Contacting our experienced team at National Claims will help with your housing disrepair case. We can guide you through the claims process and help you understand your rights.

Conclusion

Knowing when a housing association is acting unreasonably is crucial for every tenant’s well-being. Housing associations have a duty of care towards their tenants, and tenants have rights that must be respected. From the right to live in a safe and habitable environment to the right to quiet enjoyment, these fundamental rights lay the foundation for a harmonious tenant-landlord relationship.

Recognizing the signs of unreasonable behavior, such as ignoring repair requests, excessive rent increases, or invasive conduct, empowers tenants to take appropriate action when necessary. By communicating concerns, seeking legal advice, and reporting to regulatory authorities, tenants can advocate for their rights and hold housing associations accountable for their actions.

In cases of significant disrepair issues that remain unaddressed, making a housing disrepair claim can be a viable option for seeking compensation or repairs. Through gathering evidence, notifying the housing association, and seeking legal guidance from us at National Claims, tenants can navigate the process effectively and pursue a fair resolution.

As we continue to strive for better housing conditions and tenant rights, remember that every tenant plays a part in fostering a community where everyone is treated with dignity and fairness. By staying informed and proactive, we can collectively create a housing landscape where housing associations uphold their responsibilities, and tenants enjoy safe, secure, and well-maintained homes.

Contact us now to get a start on your claim and to find out more about how we deal with housing disrepair claims. 

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