Housing Disrepair Frequently Asked Questions
Hopefully this information will be helpful, but please do contact us if you have any further questions.
What is housing disrepair?
Housing disrepair refers to any situation where a rented property falls into poor condition due to the landlord’s failure to maintain or repair essential features. This includes problems like leaks, mould, faulty heating, and unsafe electrics.
What types of problems count as housing disrepair?
Common examples include:
Persistent damp and mould
Leaking roofs, windows, or pipes
Broken heating or hot water systems
Faulty or dangerous electrics
Pest infestations linked to the property condition
Structural cracks or instability
Poor insulation or ventilation
Can housing disrepair affect my health?
Yes. Poor housing conditions can lead to or worsen physical and mental health problems such as asthma, respiratory infections, anxiety, and stress.
What if my belongings have been damaged?
If your furniture, electronics, clothes or other possessions are damaged due to the disrepair (e.g. mould or water leaks), you may be able to claim compensation.
Does it matter who my landlord is when making a housing disrepair claim?
Yes, the process and response time can vary depending on whether your landlord is a local council, housing association, or private individual. However, your legal rights as a tenant remain the same regardless of landlord type.
What’s the difference between a local authority landlord, housing association, and private landlord?
Local Authority (Council): The property is owned and managed by the local council. Complaints may go through the council’s housing department and formal complaints process.
Housing Association: These are non-profit organisations that manage social housing. They may have their own repair teams and tenant services.
Private Landlord: An individual or company who rents out a property privately. Often managed via letting agents, but legal responsibilities still apply.
Are local councils responsible for housing repairs?
Yes. If you live in a council property, the local authority is legally obliged to maintain the property in a safe and habitable condition.
What if I rent from a housing association?
Housing associations have the same repair obligations as councils and private landlords. If they don’t act on your repair requests, you have the same right to take legal action.
Is it harder to claim against a private landlord?
Not necessarily. All landlords (private or public) have a duty to carry out essential repairs. However, private landlords may not have formal complaints processes, so legal support can be helpful to escalate the issue.
What if my landlord is difficult to contact or unresponsive?
This is common with some private landlords. In such cases, it’s essential to keep written records and seek legal advice. If the landlord cannot be identified or located, there may still be routes to claim.
What are my landlord’s legal responsibilities?
All landlords must keep the structure and exterior of the property in good repair, ensure heating and hot water systems work properly, and make sure the property is free from health hazards.
How quickly should repairs be carried out?
Landlords must carry out repairs in a reasonable timeframe. Urgent issues (like no heating or water) should be dealt with within days. Other repairs may take longer, but delay without good reason is unacceptable.
Do I need to allow access for repairs?
Yes. Tenants must allow landlords or contractors reasonable access to inspect and fix problems. You should be given at least 24 hours’ notice except in emergencies.
What if my landlord refuses to carry out repairs?
If you’ve reported a problem and your landlord has ignored it or delayed repairs unreasonably, you may be eligible to make a housing disrepair claim. Contact us for advice.
What rights do I have as a tenant regarding housing disrepair?
As a tenant, you have the right to live in a safe and well-maintained property. Landlords are legally obligated to ensure that your home is habitable and to address any necessary repairs promptly. If your landlord fails to do so, we can help you understand your options for taking action.
How can I document issues with my rental property?
Start by taking clear photographs of the issues, such as leaks, mold, or structural damage. Keep a record of any communication with your landlord regarding these issues, including dates and responses. This documentation will be valuable if you need to escalate the situation legally.
What should I do if my landlord is unresponsive to repair requests?
If your landlord is unresponsive, it’s important to document your communication attempts. You may need to send a formal written request for repairs. If the issue persists, contact us for guidance on how to proceed, including potential legal actions.
Can I withhold rent if repairs are not made?
Withholding rent can be a complex issue, however, it is rarely the answer as it often puts you in the position of breathing your tenancy agreement. It’s crucial to understand the legal implications before taking this step. We can advise you on the best course of action based on your situation.
How do I start a housing disrepair claim?
You can contact a legal expert like Sparrowhawk Legal. We’ll assess your case, help gather evidence, and deal directly with your landlord or housing provider. You can take our quiz to find out if you could be eligible to make a claim.
What evidence will I need?
Photos or videos of the disrepair
Medical evidence (if health has been affected)
Records of communication with your landlord
Environmental Health reports (if applicable)
Receipts for damaged belongings
Can I still claim if I’ve moved out?
Yes. As long as the disrepair occurred while you lived there and was within the last six years, you may still be able to make a claim.
Do I need to go to court?
Most cases are resolved without a court hearing. If your landlord fails to respond or disputes the claim, court action may be necessary, but we will represent and guide you throughout.
How long does a housing disrepair claim take?
Most claims are relatively simple, however we still have to follow the Pre-Action Protocol for Housing Conditions Claims which allows time for landlords to investigate and respond. If your landlord is particularly unresponsive, then this can make the claim take much longer.
What can I claim compensation for?
Physical discomfort or distress
Damage to belongings
Time spent living in unsuitable or unsafe conditions
How much compensation can I receive?
This depends on the severity, duration, and impact of the disrepair. We will evaluate your case and provide a realistic estimate based on similar cases.
What if I am in arrears?
We may still be able to help you with your housing disrepair claim, particularly if you are paying back your arrears over time. If you are withholding rent on purpose, this may affect your claim.
How much do you charge?
Your claim will be managed on a no win no fee agreement basis. This means that we do not get paid unless your claim is successful. We do all the work for you up front. Once we win your case, we take a maximum of 33% of any compensation that we recover for you which goes some way towards paying the cost of running your claim for you. Any outstanding costs are recovered from your landlord.
What if I face retaliation from my landlord after reporting issues?
Retaliation from a landlord for asserting your rights is illegal. If you believe you are experiencing retaliation, contact us immediately. We can help you understand your rights and the steps you can take.
Can my landlord evict me for complaining?
It’s illegal for your landlord to evict you simply for reporting disrepair or making a claim. This is known as a retaliatory eviction. If you’re being threatened with eviction, contact us immediately.
Should I complain to the council or housing association before making a claim?
Yes, it's a good idea to raise the issue formally with your landlord and follow their complaints process first. If they still fail to act, legal action may be the next step.
What if Environmental Health has already inspected the property?
If your local council’s Environmental Health department has issued a report or improvement notice, this can strengthen your claim. Please share a copy with us.
Who are Sparrowhawk Legal?
We’re a law firm specialising in housing disrepair claims. We work on behalf of tenants to make sure landlords are held accountable and compensation is awarded fairly.
Are you regulated?
Yes. Sparrowhawk Legal is regulated by the Solicitors Regulation Authority (SRA), which ensures we meet strict standards of practice.
How can I get in touch?
You can call us on 0204 581 9300, [email protected] or book a call with us. Our team is here to help you every step of the way.
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