Housing disrepair claims against social housing landlords have risen sharply since the Homes (Fitness for Human Habitation) Act 2018 came into force in England in March 2020. This legislation requires landlords to ensure that rental properties meet a standard fit for human habitation at all times.
As a result, tenants now have stronger legal protections. Where landlords fail to maintain properties to an acceptable standard, tenants can take legal action to force repairs and, in many cases, claim compensation.
Much has been written about the physical harm caused by housing disrepair, particularly issues such as damp, mould, leaks, and structural defects. However, the mental health impact of living in unsafe, unhygienic, or overcrowded conditions is often overlooked.
Living in damp, mouldy, or hazardous housing can significantly worsen anxiety, depression, and stress-related conditions. In extreme cases, the consequences can be devastating.
This was tragically highlighted by the case of a man who took his own life after his landlord failed to respond to 18 noise complaints concerning his upstairs neighbour. According to a report in the Evening Standard, the Housing Ombudsman found that Clarion, the UK’s largest housing association, provided a “confusing and contradictory” service and ignored his request for assistance with rehousing.
This case, alongside the death of two-year-old Awaab Ishak in December 2020 due to prolonged exposure to mould, has drawn national attention to housing disrepair failures.
In response, the Housing Secretary, Michael Gove, has taken a firmer stance against landlords who repeatedly fail to address disrepair issues. In August 2023, he wrote to the chief executives of seven councils and seven housing associations, criticising their ongoing failure to act.
In some instances, it was the second warning issued. In one letter, Mr Gove described findings of severe maladministration as “extremely concerning”, stating:
Similarly, the following month, Mr Gove criticised a Merseyside housing association after a tenant received £3,000 in compensation due to unresolved damp issues. The Housing Ombudsman, Richard Blakeway, told the BBC:
The number of housing disrepair claims continues to rise across the UK. For example, Sheffield City Council has experienced a 1,584% increase in claims over the past five years. Despite this surge, a March 2023 report revealed that only 8% of disrepair work orders were completed on time.
In addition to increased public awareness following high-profile cases, another key factor is the availability of no win, no fee arrangements. Since 2013, legal aid has been limited to the most serious cases. Consequently, no win, no fee funding has provided tenants with a low-risk way to access legal support.
One recent case involved a tenant who developed serious breathing difficulties due to toxic mould spreading throughout his home. Despite the issue initially being confined to the ceiling, it later affected every room. Compounding matters, the tenant had a pacemaker following triple heart bypass surgery. He successfully secured £7,000 in compensation.
He explained:
The tragic deaths of social housing tenants, combined with increased media scrutiny and stronger legal protections, have brought housing disrepair firmly into the spotlight. As a result, more tenants are now coming forward to enforce their rights.
If you are living with damp, mould, leaks, or other serious disrepair and your landlord is failing to act, it is important to seek legal advice as soon as possible.
Our solicitors have extensive experience in housing disrepair claims and consistently achieve positive outcomes for tenants. In many cases, we can act on a no win, no fee basis, meaning you will not pay legal fees if your claim is unsuccessful (although disbursements such as court fees may still apply).
We can assist with:
If you are struggling and need immediate support, the Samaritans offer a free 24/7 helpline on 116 123.
Note: While noise complaints alone are not actionable under housing disrepair law, these cases demonstrate the severe emotional toll unresolved housing issues can cause.
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