Housing Disrepair Claims UK: Compensation Guide

Your landlord's duties come from several laws and rules:

• Landlord and Tenant Act 1985, section 11: in a lease to which it applies, the landlord must keep in repair the structure and exterior of the dwelling-house, and keep in repair and proper working order the installations for the supply of water, gas and electricity, for sanitation, for space heating and for heating water
• Landlord and Tenant Act 1985, section 9A, inserted by the Homes (Fitness for Human Habitation) Act 2018: for a dwelling in England, the landlord is taken to promise that it is fit for human habitation when the lease starts and will remain fit during the term
• Housing Health and Safety Rating System: if a council considers that a category 1 hazard exists on residential premises, it must take the appropriate enforcement action, and serving an improvement notice is one course of action available
• Environmental Protection Act 1990, sections 80 and 82: a statutory nuisance (including serious damp) can be reported to the council, which must serve an abatement notice, and you can also apply to the magistrates' court yourself if the council does not act
• Awaab's Law (in force since 27 October 2025): social landlords must investigate significant hazards caused by damp or mould and all emergency hazards in your home and make them safe within set deadlines

For social landlords, GOV.UK's guide for tenants says emergency hazards must be investigated and made safe within 24 hours, and significant damp and mould hazards must be investigated within 10 working days of being reported and then made safe within 5 working days of the investigation finishing.

GOV.UK says there are different housing standards and procedures in Scotland and in Northern Ireland.

For private renters, GOV.UK says your landlord is always responsible for repairs to:

• ✓Yes: the property's structure and exterior
• ✓Yes: fire safety issues
• ✓Yes: basins, sinks, baths and other sanitary fittings including pipes and drains
• ✓Yes: heating and hot water
• ✓Yes: gas appliances, pipes, flues and ventilation
• ✓Yes: electrical wiring
• ✓Yes: any damage they cause by attempting repairs

GOV.UK says your landlord is usually responsible for repairing common areas, for example staircases in blocks of flats, and that you should check your tenancy agreement if you are unsure.

For council tenants, GOV.UK says the council is responsible for making sure the structure of your property is kept in good condition, including the walls, ceiling, roof and windows, that gas and electricity appliances work safely, and that shared parts of a building or housing estate are kept in good condition. For housing association tenants, GOV.UK says your home must be safe and free from category 1 hazards, in a reasonable state of repair, equipped with reasonably modern facilities and warm enough.

Step 2 of GOV.UK's guide to the Homes Act asks whether the problem is one of these:

• ✓Yes: the building has been neglected and is in a bad condition
• ✓Yes: the building is unstable
• ✓Yes: there is a serious problem with damp
• ✓Yes: it has an unsafe layout
• ✓Yes: there is not enough natural light
• ✓Yes: there is not enough ventilation
• ✓Yes: there is a problem with the supply of hot and cold water
• ✓Yes: there are problems with the drainage or the lavatories
• ✓Yes: it is difficult to prepare and cook food or wash up

The guide also lists 29 hazards, including damp and mould growth, excess cold, excess heat, and domestic hygiene, pests and refuse. Step 3 asks whether the problem is so bad that it makes your house or flat not fit to live in.

GOV.UK says your landlord is responsible for fixing a lot of problems in your home, with some exceptions. These do not count under the Homes Act:

• ✗No: Problems caused by you or another tenant behaving irresponsibly or illegally
• ✗No: Events like fires, storms and floods which are completely beyond the landlord's control
• ✗No: Your possessions or furniture belonging to previous tenants
• ✗No: Work where the landlord has not been able to get permission from people like the owners of a building that has flats in it, or the local council if planning permission is needed

GOV.UK's guide says there is no fixed limit on how much may be awarded, and that the court judges it depending on the facts such as how bad the problem is, the mental or physical health problems it has caused and the length of time the problem has existed.

The pre-action protocol notes that housing conditions claims may contain a personal injury element.

GOV.UK's guide says the evidence you gather before going to court can include:

• copies of letters or emails you sent to your landlord or letting agent and local council about the repairs
• photographs of the problems
• a doctor's note setting out any mental or physical health problems that have been caused or made worse by your home being unfit for human habitation
• receipts of items you have had to replace
• a copy of your tenancy agreement if you have one, or proof you are paying rent to your landlord
• a report from any experts you have paid to look at the problem, which is optional

GOV.UK says you might be able to get legal aid for problems like homelessness, eviction, losing your home, or serious disrepair. Our legal aid guide covers who can apply.

• Where the claim includes a personal injury element, the success fee taken from your general damages for pain, suffering and loss of amenity is capped by law at 25% in proceedings at first instance

The pre-action protocol says that if the tenant's claim is settled without litigation on terms which justify bringing it, the landlord will pay the tenant's reasonable costs.

What the law now says about eviction after you report disrepair:

• 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
• Where a landlord seeks possession under Ground 6B because they are subject to enforcement action, the court can order them to pay you compensation.
• Wales: similar provisions apply under the Renting Homes (Wales) Act 2016

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.

The pre-action protocol says there are statutory time limits for starting proceedings. If a tenant starts a claim after the limitation period applicable to that type of claim has expired, the landlord will be entitled to use that as a defence to the claim. Where the limitation period is about to expire, the protocol says the tenant should ask the landlord to agree not to rely on a limitation defence.

• Personal injury component of a disrepair claim: 3 years from date of injury or knowledge
• An action founded on simple contract may not be brought after six years from the date on which the cause of action accrued (Limitation Act 1980, section 5)

This guide does not say which limit applies to a particular disrepair claim.