If your council or housing association has failed to repair your home — leaving you with damp, mould, leaks, broken heating or other hazards — you may be able to make a housing disrepair claim. This guide explains how these claims work for tenants in England and Wales: your landlord's duties, what to do when repairs are ignored, the time limits, and how a claim can secure both repairs and compensation.
Councils and housing associations have a legal duty to keep rented homes safe and habitable. To bring a claim you usually need to have reported the disrepair and given the landlord a reasonable chance to fix it. A claim can secure both the repairs themselves and compensation for the impact. Most claims cover disrepair within the last six years, and many are funded on a no win, no fee basis. Speaking to us does not commit you to a claim.
No win, no fee. No upfront costs. Speak to a specialist about getting your home repaired and claiming compensation.
Start My Free Claim 0800 6525 656A housing disrepair claim arises when a council or housing association fails to repair or maintain a rented property, leaving tenants in unsafe or unhealthy conditions. Common issues include damp and mould, leaks, broken heating, unsafe electrics, damaged windows or doors, and structural problems — problems that often develop over time and continue despite being reported.
For many tenants this is not just a rental property but their long-term home, and delayed or ignored repairs can seriously affect health, wellbeing, finances and family life. Some tenants hesitate to seek advice for fear of complaining or risking their tenancy — but councils and housing associations have clear legal duties to keep properties safe and habitable, and the law protects tenants who enforce them.
Common housing disrepair problems include:
Many of these problems worsen if repairs are delayed.
Social housing landlords have legal obligations to maintain their properties under several areas of housing law. Under these duties, landlords are generally responsible for maintaining:
These obligations apply to most rented properties in England and Wales. In most cases, however, the landlord must first be made aware of the problem and given a reasonable opportunity to inspect and carry out repairs before they can be held responsible. What counts as "reasonable" depends on how serious the issue is — urgent hazards may require prompt action. If, after being properly notified, the landlord delays unreasonably or fails to act, this may give rise to a claim.
Housing disrepair claims are subject to legal time limits. In most cases, tenants can claim for disrepair that has occurred within the last six years. Disrepair can be ongoing for longer than six years, but compensation would then be limited to the period within that timeframe.
For many council and housing association tenants, issues such as damp, leaks or heating failures continue for long periods before advice is sought. Even if the problem has existed for some time, a claim may still be possible where part of the disrepair falls within the last six years. Seeking advice early helps ensure the property is properly inspected, evidence is preserved, and repairs are secured sooner.
Awaab's Law introduces legal timescales requiring social landlords in England to investigate and address serious hazards — such as damp and mould — within set deadlines, rather than leaving tenants waiting. Named after Awaab Ishak, it strengthens tenants' rights where a landlord fails to act on dangerous conditions. If your home has damp, mould or other serious hazards your landlord has not dealt with, these rules may be relevant to your situation.
Read our guide to Awaab's Law and your rights →Our free guide explains, in plain English:
From first reporting the problem through to repairs and settlement, a housing disrepair claim generally follows these stages.
Report the issue through the landlord's repair system — helpline, online request, housing officer, or written complaint — and keep records of dates, reference numbers, appointments and responses. Repeated reports help show the landlord was aware but failed to act.
You are not expected to investigate your own case, but evidence you already have can strengthen it — photographs and videos taken over time, correspondence with the landlord, any council inspection or improvement notices, and records of financial losses such as damaged belongings or higher heating costs.
We confirm what your landlord is legally responsible for and whether, having been notified, they failed to repair within a reasonable time — the basis of the claim.
Housing disrepair claims follow a legal procedure called the pre-action protocol. We review your tenancy agreement, gather evidence, arrange an independent surveyor inspection, and send a formal Letter of Claim. The landlord then has the chance to respond and propose repairs. Many claims are funded on a no win, no fee basis.
An independent surveyor assesses the cause and extent of the disrepair, how long it has existed, what repairs are needed, and any health or safety risks. Their report is key evidence. Compensation may cover inconvenience, damage to belongings, health problems caused or worsened by the disrepair, and related financial losses.
A key aim is to get the repairs done. Many claims settle through negotiation without a court hearing, with a schedule of repairs and compensation agreed. Straightforward cases may resolve in months; more complex or disputed cases take longer.
A housing disrepair claim is not just about a payout. Legal action can secure court-ordered repairs, set clear timescales for the work, and put measures in place to monitor it — so the underlying problem is actually resolved, not just compensated.
Speaking to us does not commit you to a claim. We will explain your rights and options clearly and honestly.
Start My Free Claim 0800 6525 656Most housing disrepair claims are handled under a No Win, No Fee agreement, so you can seek advice without worrying about upfront legal costs. This usually means:
Funding arrangements are always explained clearly before you proceed, so you understand exactly how the process works.
Housing problems affect the people living inside the property, not just its condition. Many clients come to us after months of trying to resolve issues directly with their landlord.
We obtain the documentation, arrange independent inspections, identify the landlord's legal responsibilities, and present a clear, structured claim.
We explain each stage in plain English, keep you updated, advise honestly about outcomes, and ensure decisions remain yours.
Speaking to us does not commit you to legal action — many tenants contact us simply to understand their rights. We are authorised and regulated by the SRA (No. 8006550).
Housing disrepair includes problems in a rented property that the landlord is responsible for fixing but has failed to repair within a reasonable time — such as damp and mould, leaks, faulty heating or electrics, structural damage, and broken windows or doors. If these continue after being reported, a claim may arise.
Yes. Councils and housing associations must maintain their properties. If they fail to carry out repairs after being notified, tenants may be able to bring a claim. This applies to most social housing tenancies.
Usually, yes. The landlord must be aware of the issue before they can be held responsible. Reporting the problem and keeping records of your communication helps support your claim.
Yes. Damp and mould are common issues, especially where caused by structural defects, leaks or poor ventilation. If not resolved within a reasonable time, a claim may arise — particularly where health is affected. If the landlord blames lifestyle factors, an independent surveyor can assess the true cause.
Compensation may cover the inconvenience of living in poor conditions, damage to belongings, health issues caused or worsened by the disrepair, and related financial losses. The amount depends on the severity and duration of the disrepair, and each claim is assessed individually.
Generally, claims can be made for disrepair within the last six years. If the issue continued within that period you may still be able to claim, even if it started earlier. Acting sooner helps preserve evidence and resolve issues more quickly.
Most claims settle without a trial. Court action may be needed only if the landlord disputes the claim, refuses repairs, or negotiations fail — and if so, your solicitor will guide and support you throughout.
Many claims are handled on a No Win, No Fee basis, meaning no upfront costs and no fees if the claim fails. If the claim succeeds, a capped success fee and an ATE insurance fee are deducted — all explained clearly before you proceed.
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Reviewed by Gary Saunders, Housing Disrepair Solicitor at NJS Law · Last reviewed: July 2026.
NJS Law is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). We are a firm of regulated solicitors, not a claims management company. This page provides general legal information for England and Wales only and does not constitute legal advice. Whether a claim can be brought, and its outcome, depends on the individual facts of each case and no result can be guaranteed. Compensation and timescales vary. For advice specific to your situation, please contact our team.
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Our services are authorised and regulated by the Solicitors Regulation Authority. www.sra.org.uk
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