Housing Disrepair Claims: Compensation When Your Landlord Won't Repair

Last updated: 1 May 2026Checked against primary legislation on legislation.gov.uk

If your landlord has failed to carry out repairs after being notified, and that disrepair has caused you loss, damage, or injury, you may be entitled to compensation. This is known as a housing disrepair claim. It is separate from getting the repairs done, you can claim for both the repair and compensation for the period you have been affected. This guide explains what qualifies, how much you can claim, and how to pursue a claim.

Get instant help right now

A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.

Instant answers24/7, No appointmentFree to usePrivate, No sign-up

Chat with Advisor, it's free

Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.

The landlord's legal duty to repair

Your landlord has a statutory duty to maintain your property under multiple laws:

✓Landlord and Tenant Act 1985, Section 11: landlord must repair and maintain the structure, exterior, and installations for heating, water, and sanitation
✓Homes (Fitness for Human Habitation) Act 2018: the property must be fit to live in throughout the tenancy, covering damp, mould, cold, pests, structural problems, and more
✓Health and Housing Safety Rating System (HHSRS): councils can enforce against landlords who allow Category 1 hazards
✓Housing Act 2004: local councils can take enforcement action including improvement notices and emergency remedial action
✓Environmental Protection Act 1990, Section 82: a statutory nuisance (including serious damp) can be reported to the council, which can issue an abatement notice
✓Social Housing Regulation Act 2023 (Awaab's Law): social landlords must respond to damp and mould within set timeframes

The duty to repair only begins once you have notified the landlord, put all repair requests in writing (email or letter) and keep copies. Without notice, there is generally no breach of the repair obligation and no disrepair claim.

What qualifies as housing disrepair?

Housing disrepair typically covers:

✓Structural problems: roof leaks, broken guttering, cracked walls, subsidence
✓Damp and mould: penetrating damp, rising damp, condensation damp if caused by structural failure
✓Heating and hot water: broken boiler, failed central heating, no hot water
✓Plumbing: leaking pipes, blocked drains, faulty toilets or sinks
✓Electrics: faulty wiring, broken sockets, unsafe electrical installations
✓Pest infestation: if caused by a structural defect or failure by the landlord to treat (rats, cockroaches, etc.)
✓Broken windows or doors that affect security or weatherproofing
✓External maintenance: broken drains, blocked gutters causing damp

Cosmetic issues, peeling paint, worn carpets, dated fixtures, are generally not housing disrepair and do not generate a legal claim. Disrepair must relate to the structure, installations, or a defect that makes the property unfit or affects your use and enjoyment.

What compensation can you claim?

A housing disrepair claim can include several heads of loss:

General damages, diminution in value of the tenancy

A percentage reduction in the rent for the period you were affected. The percentage varies with severity, typically 25 to 50% for serious issues, 10 to 25% for moderate, 5 to 10% for minor. On a tenancy paying £1,000/month, 24 months at 30% = £7,200.

Special damages, quantifiable losses

Property damage (clothing, furniture, electronics ruined by damp or leaks), alternative accommodation costs if you had to stay elsewhere, higher heating bills due to poor insulation, costs of works you carried out yourself, medical expenses.

Damages for personal injury

If disrepair caused or worsened a health condition, respiratory illness from mould, mental health deterioration from stress of living in disrepair, injuries from falls caused by structural defects. Medical evidence is required.

Injunction, get the repairs done

You can ask the court to order the landlord to carry out specific repairs within a set timeframe, backed by a fine or contempt of court for non-compliance.

How to pursue a housing disrepair claim

Report the disrepair in writing

Email or write to your landlord or letting agent, clearly describing the problem and asking for it to be repaired. Keep a copy. This starts the clock running and establishes the landlord's notice of the problem. Take photographs and videos with timestamps.

Allow a reasonable time for repair

Courts expect you to allow a reasonable time before escalating. What is reasonable depends on severity: emergency (no heating in winter, serious water leak), days; moderately serious (persistent damp, broken windows), weeks; less urgent (minor plastering, garden maintenance), a month or more.

Chase in writing if no response

If the landlord doesn't respond or the repairs are not done, write again formally, stating you will take action if the repairs are not completed within a specific deadline (e.g. 14 days). Keep all correspondence.

Report to the council (Environmental Health)

Contact your local council's Environmental Health team and report the disrepair. They can inspect the property and issue an Improvement Notice or take enforcement action. This is free and creates an independent record of the problem. Crucially, the landlord cannot evict you in retaliation for reporting to Environmental Health (Deregulation Act 2015).

Send a Pre-Action Letter

Before court action, send a formal Pre-Action Protocol letter for Housing Disrepair. This sets out your claim, the repairs needed, the loss suffered, and gives the landlord a final opportunity to respond. You need to follow the pre-action protocol before the court will hear your claim. Solicitors specialising in housing disrepair do this routinely.

Issue court proceedings

If the landlord still does not act, you can issue a claim in the County Court. Many housing disrepair solicitors work on a no-win no-fee (conditional fee agreement) basis. Claims can be brought for repairs, compensation for past losses, and an injunction to get the work done.

No-win no-fee housing disrepair claims

Many solicitors take housing disrepair claims on a no-win no-fee (conditional fee agreement) basis, particularly if the claim is strong and the landlord is a housing association or local authority:

✓You pay nothing upfront, the solicitor's fee comes from the compensation if you win
✓A success fee may be charged (capped at 25% of your general damages in housing disrepair cases)
✓If you lose, you generally pay nothing, but check the agreement carefully
✓Not all cases qualify for no-win no-fee, the solicitor will assess the strength of your claim
✓Be cautious of claims management companies, they sometimes take a larger percentage than solicitors
✓Legal aid is not generally available for housing disrepair claims, no-win no-fee is the main access route

Housing associations and local authority landlords are more likely than private landlords to engage with a formal disrepair claim quickly, because they have legal teams and reputational considerations. Private landlords are more varied in their response. In both cases, getting a solicitor involved often accelerates the repairs significantly.

Retaliatory eviction protection

You are protected from retaliatory eviction if you have reported disrepair:

✓Under the Deregulation Act 2015 (England), a Section 21 notice is invalid if served within 6 months of a council Environmental Health improvement notice or emergency remedial action
✓Protection also applies if you complained in writing before the Section 21 was served and the council has not yet inspected, provided you act quickly
✓This means: reporting disrepair to Environmental Health is both an effective escalation route AND provides protection against eviction
✓Courts can also take a retaliatory motive into account in Section 8 proceedings
✓Wales: similar provisions apply under the Renting Homes (Wales) Act 2016

Time limits for housing disrepair claims

✓Personal injury component of a disrepair claim: 3 years from date of injury or knowledge
✓Non-personal injury disrepair claims: 6 years from the breach (the date you notified and repairs were not done)
✓Claims during the tenancy: you can claim while still a tenant, you don't have to wait until you leave
✓Claims after leaving: the 6-year limitation period runs from when the breach occurred
✓Always act promptly, delay weakens your evidence and reduces the period for which you can claim

Get instant help right now

Instant answers24/7, No appointmentFree to usePrivate, No sign-up

Chat with Advisor, it's free

Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.

Frequently asked questions

Can I claim compensation from my landlord for not doing repairs?

Yes, if your landlord has been notified of a repair problem and has failed to carry it out within a reasonable time, you can claim compensation for the period of disrepair. Compensation can include a rent reduction (typically 25 to 50% for serious disrepair), property damage (ruined belongings), and personal injury if disrepair caused or worsened a health condition. Many solicitors take these cases on no-win no-fee.

How do I start a housing disrepair claim?

Start by reporting the problem in writing to your landlord and keeping copies. Take photographs and videos. If the landlord doesn't act, report to your council's Environmental Health team, they can issue an Improvement Notice. Then send a Pre-Action Protocol letter (a formal letter before court action). If still unresolved, you can issue proceedings in the County Court. Many housing disrepair solicitors can handle this on no-win no-fee.

How much compensation can I get for housing disrepair?

Compensation is calculated based on the severity and duration of the disrepair. General damages (rent reduction) are typically 25 to 50% of your rent per month for serious issues. If you can document losses, ruined belongings, alternative accommodation costs, medical treatment, these are added as special damages. There is no fixed cap on what you can claim.

Can my landlord evict me if I complain about repairs?

You are protected against retaliatory eviction under the Deregulation Act 2015 (England). If you report disrepair to Environmental Health and they issue an improvement notice, any Section 21 notice served within 6 months of that notice is invalid. Reporting disrepair to Environmental Health is both an effective escalation route and a safeguard against eviction.

How long do I have to make a housing disrepair claim?

For claims involving personal injury (e.g. respiratory illness from mould), the time limit is 3 years from the date of injury or knowledge. For non-injury disrepair claims, the limit is 6 years from when the landlord breached their duty (i.e., when the repairs were reported but not done). You can claim while still a tenant, you don't have to wait until you leave the property.

Related guides

Found this useful? Link to it

If you run a site, write an article, or help others with their rights, please link to this guide, it helps more people find free, reliable guidance.

https://www.knowyourrightsuk.com/housing/housing-disrepair

Know Your Rights UK. "Housing Disrepair Claims: Compensation When Your Landlord Won't Repair." Know Your Rights UK, https://www.knowyourrightsuk.com/housing/housing-disrepair