Yes, you can usually claim for housing disrepair if you rent your home and your landlord has not fixed a repair problem, such as damp, mould, leaks or no heating, within a reasonable time after you reported it. You can claim compensation for the disruption, damaged belongings and any health effects. Time limits apply.
When you rent a home, you expect it to be safe, warm, and comfortable. But what happens when things go wrong like mould, leaks, or broken heating systems and your landlord doesn’t fix them? That’s where housing disrepair claims come in.
Housing disrepair claims allow tenants to seek compensation when landlords fail to fix issues like damp, mould, leaks, or structural damage. In the UK, you may claim for health problems, property damage, and inconvenience. Most claims are handled on a No Win, No Fee basis, making it easier to take legal action.
This guide will walk you through the process in simple terms, show you how much compensation you could receive, and explain how National Claims can help you every step of the way.
What Is a Housing Disrepair Claim?
A housing disrepair claim is a legal way for tenants to hold landlords accountable for failing to maintain the property. If you live in social housing and your home has problems like damp, mould, structural damage, or faulty heating, you may be entitled to claim compensation.
Common Types of Disrepair You Can Claim For
- Damp and mould
- Leaky roofs or gutters
- Broken boilers or heating systems
- Unsafe electrical wiring
- Pest infestations
- Broken doors or windows
- Structural cracks
All of these can affect your physical health or cause psychological stress. You don’t have to suffer in silence legal help is available.
Your Landlord’s Legal Obligations
By law, your landlord must:
- Keep the structure and exterior of the property in good repair
- Ensure heating, water, gas, and electricity systems are safe and working
- Address reported repairs within a reasonable time
According to Section 11 of the Landlord and Tenant Act 1985, these duties apply to all landlords. If they ignore your complaints, you have every right to make a claim.
This guide explains how housing disrepair claims work in England and Wales: who can claim, the steps to take, the evidence to gather and the time limits that apply. If you rent from a council or housing association, our housing disrepair claims page explains how we can help you start.
Who Can Make a Housing Disrepair Claim?
You may be able to claim if all of the following apply:
- Your landlord is responsible for the repair
- The landlord knew about the problem, usually because you reported it
- A reasonable time has passed and the problem has not been properly fixed
Council and housing association tenants most commonly bring claims. Tenants in privately rented homes can also have a claim, depending on their tenancy and the problem. Our guide to how to claim housing disrepair compensation from your council covers social housing in more detail, and our housing disrepair claim criteria page explains eligibility.
Common Types of Disrepair
- Damp and mould
- Roof, gutter or other leaks
- Broken boilers, no heating or no hot water
- Unsafe electrics
- Pest infestations
- Broken doors or windows
- Structural cracks or unstable building work
- Drainage and sanitation problems
Your Landlord’s Legal Duties
Under Section 11 of the Landlord and Tenant Act 1985, a landlord must keep the structure and exterior of the property in good repair and keep installations for water, gas, electricity, heating and sanitation working. The Homes (Fitness for Human Habitation) Act 2018 also requires rented homes to be fit to live in, free from serious hazards such as damp and mould.
Social landlords in England also have to meet set timeframes for investigating and fixing damp and mould hazards under Awaab’s Law.
What Evidence Do I Need?
- A copy of your tenancy agreement
- Emails, letters and messages showing when you reported the problem
- Dated photos and videos of the disrepair and how it changes over time
- Receipts or photos of damaged belongings
- Medical records if your health has been affected
- A surveyor or Environmental Health Officer report, if you have one
How Much Compensation Could I Get?
There is no fixed amount. Compensation is based on the claim as a whole and can include:
- Inconvenience and loss of enjoyment: for living with the problem, such as being unable to use a bathroom or cook safely
- Damaged belongings: the cost of replacing items affected by damp, mould or leaks
- Personal injury: where the disrepair has affected your health, for example breathing problems, skin conditions or anxiety
- Repairs: a court can also order the landlord to carry out the work
The value depends on how serious the problem is, how long it lasted and how it affected you. A specialist housing disrepair solicitor can give you a realistic view once they have your evidence.
Time Limits for a Housing Disrepair Claim
Claims for the disrepair itself are generally subject to a six year limit under the Limitation Act 1980. A personal injury claim linked to the disrepair is generally subject to a three year limit. Because the limit depends on your circumstances, do not wait to get advice.
The Housing Disrepair Claims Process (Step-by-Step)
1. Identify and Report the Problem
Write to your landlord and describe the disrepair. Include dates, photos, and details. This starts a paper trail and gives your landlord a chance to fix the issue.
2. Gather Evidence
Keep:
- Photos and videos of the damage
- Medical records (if health is affected)
- Emails or letters to/from your landlord
- Independent inspection reports
3. Wait for the Landlord to Respond
They should inspect and fix the issue within a reasonable time (usually 14–28 days). If they don’t respond or delay action, you can escalate the matter.
4. Send a Letter Before Action
With help from a solicitor or a claims management company like National Claims, you can send a formal letter warning the landlord of impending legal action if they don’t resolve the issue.
5. Take Legal Action
If your landlord still refuses to act, your solicitor may help file a claim in court. In most cases, however, disputes are resolved before reaching court.
How Much Compensation Can You Get for Housing Disrepair?
Typical ranges:
- Minor inconvenience: £1,000 – £2,500
- Moderate issues (persistent damp/mould): £2,500 – £10,000
- Severe disrepair (health impact): £10,000 – £50,000+
👉 Include:
- Rent repayment (up to 50% in some cases)
- Personal injury (breathing issues, stress, skin conditions)
- Damage to belongings
How Much Compensation Can You Claim?
The amount you can claim depends on:
- The severity of the disrepair
- How long it’s been ongoing
- The impact on your health and day-to-day life
You can typically claim:
- 8–25% of your annual rent for inconvenience or partial uninhabitability
- Medical expenses and damage to belongings
- Emotional and psychological stress damages
Why Choose National Claims?
At National Claims, we make the process easier and stress-free. We:
- Offer a free initial consultation
- Work on a no win, no fee basis
- Connect you with experienced housing disrepair solicitors
- Handle the Letter Before Action and negotiation
- Offer guidance through mediation or court, if needed
Even better, you are legally protected from eviction for making a legitimate housing disrepair claim.
People Also Ask
Q1: Can I claim housing disrepair if I rent from the council or a housing association?
A: Yes. Council and housing association tenants can claim if the landlord is responsible for the repair, knew about the problem and did not fix it within a reasonable time. Report the problem in writing first and keep copies, because that record is central to any claim for compensation or a repair order.
Q2: How do I make a housing disrepair claim?
A: Report the problem to your landlord in writing, gather photos and records, and allow a reasonable time for repairs. If nothing happens, a solicitor can send a letter of claim under the Pre-Action Protocol for Housing Conditions Claims. Court proceedings are only issued if the landlord still does not repair or settle.
Q3: How long do I have to make a housing disrepair claim?
A: Time limits depend on what you are claiming for. Claims for the disrepair itself are generally subject to a six year limit under the Limitation Act 1980, while a personal injury claim linked to the disrepair is generally three years. Do not wait, because evidence is easier to gather early. A solicitor can confirm the limit for your case.
Q4: What evidence do I need for a housing disrepair claim?
A: Useful evidence includes your tenancy agreement, dated photos and videos of the problem, emails, letters and call notes showing when you reported it, receipts for damaged belongings, and medical records if your health has been affected. A surveyor or environmental health report can also help support your claim.
Q5: Will I have to go to court?
A: Not necessarily. Many disputes are resolved after a letter of claim, through negotiation or by agreeing repairs, without a hearing. If the landlord will not engage, your solicitor may need to issue court proceedings. Your solicitor will explain the likely route and what to expect before you decide.
Start Your Housing Disrepair Claim Today
If you’re living in a rented social housing property with serious maintenance issues, don’t wait. The longer you delay, the more difficult the process can become.
National Claims is here to help you every step of the way.
We’ll connect you with trusted, experienced solicitors.
You won’t pay a penny upfront thanks to our no win, no fee service.
Ready to Claim?
Contact National Claims today to speak with one of our friendly claims specialists. We’ll help you build a strong case and fight for the compensation and repairs you deserve.
Not sure if you have a claim? Start your free claim check with National Claims today and speak to a specialist about your housing disrepair.
Conclusion
The housing disrepair claims process may seem intricate, but with the right guidance, it can be a manageable and effective way to address disrepair issues in your rented property. National Claims is here to provide the expertise and support you need to navigate this process successfully.
We are committed to upholding your rights as a tenant and ensuring that your living conditions are safe and comfortable. If you’re facing housing disrepair problems, don’t hesitate to reach out to us.
We’re ready to assist you every step of the way, from the initial consultation to securing a court judgement that brings relief and resolution to your situation. Your well-being and comfort are our top priorities, and we’re dedicated to helping you achieve the best possible outcome in your housing disrepair claim.
Start your claim today by contacting us and being put in touch with one of our claims specialists.
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About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
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