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

Checked against official sources on 1 September 2026.

Sources: legislation.gov.uk, Landlord and Tenant Act 1985, section 11; legislation.gov.uk, Environmental Protection Act 1990, section 82; GOV.UK, Guide to the Renters' Rights Act.

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.

Key points

✓A disrepair claim is separate from getting the repair done. You can pursue both: the works themselves and compensation for the time you lived with the problem.
✓Six routes stack up: section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, the Housing Health and Safety Rating System, the Housing Act 2004, section 82 of the Environmental Protection Act 1990, and Awaab's Law for social tenants.
✓The landlord has to have been told. Liability generally runs from the point they knew, which is why a dated written report is the single most useful thing you can do.
✓Compensation covers more than the repair: damaged belongings, and the reduced value of living in the property while it was in that state.
✓Reporting repairs can no longer be answered with a no-fault eviction in England, because that route was abolished on 1 May 2026. A landlord must now prove a Section 8 ground in court.

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The landlord's legal duty to repair

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

Yes: Landlord and Tenant Act 1985, Section 11: landlord must repair and maintain the structure, exterior, and installations for heating, water, and sanitation
Yes: 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
Yes: Health and Housing Safety Rating System (HHSRS): councils can enforce against landlords who allow Category 1 hazards
Yes: Housing Act 2004: local councils can take enforcement action including improvement notices and emergency remedial action
Yes: Environmental Protection Act 1990, Section 82: a statutory nuisance (including serious damp) can be reported to the council, which can issue an abatement notice
Yes: Awaab's Law (in force since 27 October 2025): social landlords must respond to damp and mould within set statutory 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.

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What qualifies as housing disrepair?

Housing disrepair typically covers:

Yes: Structural problems: roof leaks, broken guttering, cracked walls, subsidence
Yes: Damp and mould: penetrating damp, rising damp, condensation damp if caused by structural failure
Yes: Heating and hot water: broken boiler, failed central heating, no hot water
Yes: Plumbing: leaking pipes, blocked drains, faulty toilets or sinks
Yes: Electrics: faulty wiring, broken sockets, unsafe electrical installations
Yes: Pest infestation: if caused by a structural defect or failure by the landlord to treat (rats, cockroaches, etc.)
Yes: Broken windows or doors that affect security or weatherproofing
Yes: 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. Since Section 21 was abolished in England on 1 May 2026, your landlord cannot respond by simply giving you notice: they would have to prove a specific ground in court.

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:

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

Yes: There is no longer a Section 21 route in England, so a landlord annoyed by a council improvement notice cannot simply end your tenancy. They must prove a ground for possession, and Grounds 1 and 1A (moving in or selling) are closed to them in the first 12 months of the tenancy
Yes: Put your complaint to the landlord in writing first and keep a copy. It is what gets the council involved, and it is the evidence you will rely on later
Yes: This means: reporting disrepair to Environmental Health is both an effective escalation route AND provides protection against eviction
Yes: Courts can also take a retaliatory motive into account in Section 8 proceedings
Yes: Wales: similar provisions apply under the Renting Homes (Wales) Act 2016

Time limits for housing disrepair claims

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

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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?

Better than you used to be. The old protection, in the Deregulation Act 2015, worked by invalidating a Section 21 notice served within 6 months of a council improvement notice or emergency remedial action. Since 1 May 2026 there is no Section 21 in England at all, so a landlord cannot end your tenancy simply because you complained. They have to prove one of the Section 8 grounds in court, and Grounds 1 and 1A are unavailable in the first 12 months of a tenancy. Where a landlord seeks possession under Ground 6B because they are subject to enforcement action, the court can order them to pay you compensation. Reporting disrepair to Environmental Health remains both an effective escalation route and a safeguard.

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.

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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