When discussing housing disrepair, it’s important to understand the difference between repairs a landlord is legally responsible for, general tenant maintenance, and property improvements. Knowing this distinction can help tenants understand when they may have a valid housing disrepair claim.
Housing disrepair refers to a rented property that requires repair to be safe, secure, and suitable to live in. In most cases, housing disrepair is the legal responsibility of the landlord, not the tenant.
If essential parts of the property are defective or unsafe, and the landlord fails to fix them, the tenant may be entitled to take legal action.
Under the Landlord and Tenant Act 1985, landlords are legally required to ensure:
If a landlord fails to meet these obligations after being notified, tenants may be able to pursue a housing disrepair claim.
Tenants can pursue housing disrepair claims when:
At this point, legal action may be appropriate.
Landlords are not legally required to carry out upgrades or improvements. For example, tenants cannot make a disrepair claim to force a landlord to install a new kitchen or bathroom unless repairs are needed to fix an existing fault.
Tenants are expected to look after the property in a “tenant-like manner”. This includes:
These issues are not classed as housing disrepair.
If repairs are not completed within a reasonable timeframe, tenants may be able to claim for:
Landlords are legally responsible for ensuring properties meet health and safety standards. Failure to do so may result in liability for damages or injuries suffered by tenants.
Tenants must report health and safety concerns – such as broke boilers, damp, mould, or poor sanitation – to allow the landlord to take action.
Poor housing conditions have serious consequences. Research shows that housing related health issues cost the NHS in England approximately £1.4 billion per year. Cold homes, damp, and unsafe conditions contribute significantly to long-term illness and injury.
Common personal injury claims linked to housing disrepair include:
To succeed in a claim, there must be clear medical evidence linking the disrepair to the injury. Personal injury protocols must be followed, so legal advice is essential.
Before starting a claim, tenants should:
If your Council, Housing Association or landlord has failed to act, you may be entitled to compensation.
At NJS Law, we are housing disrepair experts assessing tenants nationwide on a No Win No Fee basis. We help tenants:
Our experienced and compassionate team is here to support you every step of the way.
Contact us today to discuss your housing disrepair claim.
For fast, friendly affordable legal advice. Contact a member of our team today.
