Fitness for Human Habitation Claims

As a tenant you have the legal right to live in a property ‘fit for human habitation’.

Your Council or Housing Association has a legal obligation to ensure that the houses and flats they rent out are safe, healthy and maintained by them to a reasonable standard.

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We cannot help with a disrepair problem if you have a Private Landlord.


The Homes (Fitness for Human Habitation) Act 2018 took effect on March 20, 2019. The Act expands a landlord’s obligations to ensure rental property is fit for human habitation. Essentially, this means that the home should be safe, healthy, and free of potential hazards.

Section 9A of the Landlord and Tenant Act imposes two covenants on the landlord:

    • That the property is fit for human habitation at the time the tenancy is granted or otherwise established.
    • That it will remain fit for human habitation throughout the term of the tenancy.
How To Determine If The Property Is Fit For Human Habitation

The court will rule whether a property is fit for human habitation by taking into account the factors outlined in Section 10 of the Landlord and Tenant Act 1985. These are whether:

  • Repair
  • Stability
  • Freedom from damp
  • Natural lighting
  • Ventilation
  • Water supply
  • Drainage and sanitary conveniences
  • Facilities for preparation and cooking of food and for the disposal of waste water
  • In relation to a dwelling in England, any prescribed hazard

There are currently 29 prescribed Hazards set out in the Housing Health and Safety Rating System (HHSRS) from the Housing Act 2004.

According to the Fitness for Human Habitation Act, a property is considered as unfit for human habitation if one or more of the above problems listed above affects you so severely that you can’t live there safely.

29 Hazards List:
  • Damp and mould growth
  • Excess cold
  • Excess heat
  • Asbestos and manufactured metal fibres
  • Biocides (chemicals that treat mould)
  • Carbon monoxide
  • Lead
  • Radiation (from radon gas, which is airborne or in water)
  • Uncombusted fuel gas (leaks in gas appliances)
  • Volatile organic compounds (chemicals which are gases at room temperature)
  • Crowding and space
  • Entry by intruders (such as not having a lock on your front door)
  • Lighting
  • Domestic hygiene, pests and refuse (including inadequate provision for disposal of waste water and household waste)
  • Noise
  • Food safety
  • Personal hygiene, sanitation and drainage
  • Water supply
  • Falls associated with bath or shower
  • Falls associated with stairs and steps
  • Falls on the level (danger of falling on a flat surface)
  • Falls between levels (danger of falling from one level to another, for example, falls out of windows)
  • Electrical hazards
  • Fire and fire safety
  • Hot surfaces and materials
  • Collision and entrapment
  • Explosions
  • Physical strain associated with operating amenities (i.e. very heavy doors)
  • Structural collapse and falling elements
Housing Disrepair Causing Illness
Is The Property Causing You ...?
  • Discomfort and inconvenience.
  • Damage to personal belongings.
  • Deterioration to your health.
  • Respiratory illness.
  • Physical injuries as a result of unsafe fixtures or fittings, or any other structural issue.

If your rental property is causing you and your family to suffer, presents a risk of injury or may be affecting your health, we can help you make a fitness for human habitation claim.

If it is safe to remain living in the property, it is unlikely that it would be considered unfit for human habitation. If this is the case, we may be able to help you make a housing disrepair claim.

Can I make a Fitness for Human Habitation Claim?

If your property falls into one of these categories of fitness for human habitation, mentioned above, the property has been deemed unfit for human habitation and you have reported it to your local Council or Housing Association, you may be entitled to COMPENSATION.

Nicholson Jones Sutton Solicitors are experts in claiming for Housing Disrepair and issues falling under the Fitness for Human Habitation legislation, assisting tenants nationwide on a NO WIN NO FEE basis to compel their Council to carry out crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Housing Disrepair Claims

What Our Customers Say

Fatima Musa
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Going into our disrepair case, I was quite apprehensive what may come of it. The process from start to finish has been great. The wonderful team at Nicholson Jones Sutton Solicitors were always just a email/phone call away. We were well informed at every stage and felt confident our case would be handled with care, efficiency and professionalism. We are ever so grateful we have reached a successful end. Many many thanks to Craig Flounders for your support!!
Wendy Axton
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I wanted to take a moment to express my heartfelt appreciation for Craig's outstanding assistance with getting my repairs sorted. Craig went above and beyond to ensure that everything was taken care of promptly and efficiently. His professionalism, and dedication to customer satisfaction truly stood out throughout the process. Thanks to Craig's expertise and support, the repairs were completed seamlessly, and I couldn't be more pleased with the outcome. I highly recommend Craig to anyone seeking reliable assistance with their repair needs. Thank you once again, Craig, for your exceptional service!
Larry Ditchman
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Gary Saunders represented my elderly father in his case against a housing association for disrepair. We were very happy with the way he handled the case. Very efficient and very professional. We highly recommend him and his company. Thank you
Hollie Harris
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Gary and his team worked tirelessly to get a long-awaited result from my extremely difficult housing situation with my housing association. I am grateful for his efforts and would recommend him to anyone else needing assistance with a housing disrepair issue. Thanks Gary

Disrepair Claims - Tips

How We Can Help You To Claim For Disrepair

Our Team of Experts can help you with the following aspects:

  • You previously claimed against your landlord for housing disrepair and they have failed to deliver within the agreed timeframe and to the agreed standard.
  • Instruct a surveyor to assess the disrepair and provide a report to use as evidence.
  • If necessary legally ensure your housing association or council completes all your repairs.
  • Claim compensation for you for the period of time your property has been in disrepair.

Call us today and one of our experienced Housing Disrepair Solicitors will help guide you through the process.

Meet The Housing Disrepair Team

Our team has decades of combined experience in dealing with Housing Disrepair Claims. We are sympathetic, understanding, and are here to help you every step of the way.

Nicholson Jones Sutton Solicitors are housing disrepair claim experts, assisting tenants nationwide on a NO WIN NO FEE basis to compel their Council to carry out crucial repairs to their properties, in addition to recovering compensation for the period of time repairs have been delayed.

Call or email us today to discuss your claim.

Housing Disrepair Latest Blogs

The Impact Of Housing Disrepair On Older People

The Impact Of Housing Disrepair On Older People

Much attention is given to the damage housing disrepair has on families, especially those with young children. However, older people are often left in situations of housing disrepair that can go unresolved for years. Last month, Westminster City Council agreed to pay £21,000 to an elderly tenant who could not get necessary repairs done on her flat.

Read More »
Housing Disrepair Claims Increase

Housing Disrepair Claims Increase

Housing disrepair claims against social housing landlords have substantially increased since the Homes (Fitness for Human Habitation) Act 2018 came into force in England in March 2020.

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For fast, friendly affordable legal advice. Contact a member of our team today.


For any questions we may be able to answer, discover our FAQs section.

Adele Whittle

Director & Head of Strategy and Development

Adele is a qualified solicitor with over 20 years experience working in the legal sector, predominantly within Litigation.

Adele joined the firm in March 2021 and is the member of the management team responsible for the firms strategy, including the growth of a number of key areas of legal practice, heading up the Housing Disrepair and Probate Teams. She also has a keen interest in technology, in particular automation, and will be working on optimising the firm’s processes.

In her spare time Adele enjoys walking the family cockapoo, watching her son play sport, travelling to new places and is obsessed with all things interiors!

Gary Saunders


Gary completed his history degree at the University of Leeds, and the Graduate Diploma in Law and Legal Practice Course (LPC) at Manchester Metropolitan University). He qualified as a solicitor in 2012 and went on to be the Litigation Manager at a national firm before joining NJS in 2016.

Gary has specialised in litigation since qualifying running cases from initial letters of claim to Trial. He now specialises in representing tenants, leaseholders and homeowners in a variety of disputes against landlords, freeholders, neighbours and local authorities.

In his spare time, Gary enjoys spending time with his family, watching football and travelling.

Craig Flounders

Housing Disrepair Litigator

Craig graduated from his law degree in 2010 and immediately began working within the legal sector, predominantly dealing with personal injury claims and litigation. He began working for the firm in 2017 and has gone on to head the Housing Disrepair Department which continues to grow and develop.

Craig enjoys acting on behalf of tenants and fighting toe to toe with Defendant landlords who have failed to keep the property in a state of repair. Craig can deal with all matters of civil litigation and is not afraid to push for the best settlement terms for his clients.

In his spare time, Craig enjoys going for walks in the local countryside, watching football and listening to music.    

Alex Cooke

Housing Disrepair Litigator

Alex has more than 6 years of civil litigation experience, acting for clients across numerous legal areas, however his current focus is Housing Disrepair.

Alex’s priority is to represent his clients with the highest level of support and detail giving clarity and guidance with a professional approach and thrives on ensuring all claims are dealt within the client’s best interests.

In his spare time, Alex enjoys maintaining a healthy lifestyle in the gym and watching football and the formula 1.

James Pearce

Housing Disrepair Litigator

James has more than 7 years of litigation experience. He began working in the legal sector for the firm from September 2013 where he has developed his knowledge working in several different roles, predominantly within fee earning and litigation roles.

James enjoys helping his clients get repairs done to the property. He feels his friendly approach helps his clients feel comfortable through the whole claims process hopefully making a potentially stressful situation as easy and straightforward as possible.

In his spare time, James enjoys both playing and watching football and walking in the local countryside with his young family and the dog.

Anam Begg

Housing Disrepair Paralegal / Assistant

Anam graduated from university with an undergraduate degree in law in 2018 and completed her LPC and masters in law in 2019.  

Anam has since joined the Housing Disrepair Department at Nicholson Jones Sutton.

In her spare time, Anam enjoys travelling when she can and spending time with her friends, family, and cat.

Wendy Tomkinson

Litigation Executive

Wendy joined the company 9 years ago.

Wendy has an extensive experience in claims and litigation. 

In her spare time, Wendy enjoys hiking, canoeing, painting, travelling and playing pool.

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