Take our free quiz to find out if you have a claim or book a call with our friendly Housing Disrepair Team
Are you are a private tenant living with housing disrepair?
Are you are scared you might not get your deposit back?
Are you frightened about asking for help in case your landlord evicts you?
Are you at breaking point and just can't take it anymore?
We hope this information is useful, but please contact us if you have any other questions
The short answer unfortunately is still yes. Whilst there are some changes to the law coming which means landlords will not be able to evict you if you're not at fault, those changes still have yet to come into force and landlords can and will still evict as a means of retalliation.
We help private tenants on the same basis as council and housing association tenants - no win no fee. This means you do not pay anything up front and only pay for our services when your claim is successful.
You can claim compensation for living in a property that is in disrepair, along with any damages for personal items that have been damaged and any injury to your health due to the disrepair.
The main focus of a housing disrepair claim is to get your property repaired to the highest possible standards (not your landlord's standard). Compensation depends on the severity of the disrepair and how long you have been complaining about it. It varies on a case by case basis.
You need to have informed your landlord of the disrepair and given them a reasonable amount of time to make those repairs. If they are ignoring you or refusing to repair then providing you still live in the property and can prove that you have notified the landlord then you can make a claim.
Yes, it can make a difference to your claim. If you are not paying rent (even if you believe that withholding rent is fair due to the poor state of your property) you are in breach of your tenancy agreement and your landlord can evict you.

Damp is a common cause of housing disrepair disputes and can develop in many different ways, such as through structural wall defects, roofing issues, broken seals around windows and doors and water leaks. Damp surveys are therefore a very common feature of the evidence required to support a housing disrepair dispute, and can provide important information on the severity and impact of a disrepair and can help to identify where liability lies.
There are three common types of damp in rented properties:
Condensation – moisture forming on windows in cold conditions
Rising damp – ground moisture travelling up a wall from ground level
Penetrating damp – moisture from an outside source entering into a property
A damp survey would typically involve a detailed inspection of an entire property in order to diagnose what type(s) of damp are present and how they have been caused, and would conclude with a list of recommended solutions. The survey findings can represent critical evidence in a housing disrepair dispute and can help to resolve the dispute and bring clarity over liability and costs.
Importantly, a damp survey is an independent assessment of the property and its conditions. This provides an unbiased diagnosis which is not influenced by commercial gains. It should also be carried out by a qualified surveyor with relevant accreditations.
External inspection – The surveyor should examine the full extent of the property exterior, such as roof coverings, chimneys, flashings, gutters and downpipes, bricks, stone, pointing, masonry, mortars and rendering. They will also assess features such as a damp-proof course and air bricks. The surveyor would assess the ground floor elevation on the exterior compared to the floor levels on the interior, to see how moisture could travel, and would also study what structural alterations had taken place and when. This inspection will help to establish where water could have entered the property, and will look for signs of faulty materials, faulty installation, blockages or damage.
Internal inspection – An interior inspection will also be undertaken which will include assessing each individual room for signs of water staining, peeling paint and plaster and visible mould patches. Musty smells can also be a sign of hidden damp, and condensation on windows can be a sign of damp also. A damp survey would also pay particular attention to insulation, roof spaces and timber, as decay of these features is a clear sign of damp. Wet rot and dry rot can occur in skirting boards, architrave and floor/ceiling joists, while there may also be evidence of pests related to damp, such as silverfish.
Diagnostics – The surveyor will use a range of specialist tools and techniques to confirm and substantiate their findings, with a view to locating hidden issues and identifying the root causes. They will use moisture meters to measure levels in walls and floors, thermal imaging cameras to identify cold spots in materials that are not visible to the naked eye, and will also measure humidity and temperature to identify non-standard conditions.
Reporting – A comprehensive report will be provided by the surveyor, which will be detailed, easy to understand and actionable. This will clearly identify the type(s) of damp found in the property and what has caused it. The report should include factual, measurable findings and photographic evidence of the findings, plus a property layout plan to illustrate where the affected areas are located. The report would also include contextual information which provides balance and mitigating factors, such as the age of the property and weather conditions on the day. The report would conclude with recommended actions to solve the root cause of the issue, along with costs and realistic timescales.
Damp surveys are very common for people thinking of buying a property, and are often a condition of securing a mortgage for this purpose, but they are also very common in establishing liability in a housing disrepair dispute. A comprehensive damp survey can:
Identify what type of damp is present
Help to explain what health impacts are possible
Identify what disrepair issues have occurred or are occurring – such as mould, wet and dry rot and pests
Identify what has caused these damp issues
Identify who is liable for this root cause
Identify the severity of these issues and how they might deteriorate
Provide a list of recommended actions
Provide quantifiable costs and timescales for resolving these issues
So a damp survey is one of a range of professional services provided by an expert witness, and the damp survey matters in a housing disrepair dispute because it:
Provides clarity and accuracy and avoids a misdiagnosis of the problem
Provides clarity on the root cause and therefore who has liability
Is impartial, based on fact and not provided for commercial gain
Is provided by qualified and accredited personnel with specialist technical knowledge that can be proven and verified
Provides realistic costs and a fair and reasonable timescale for resolving the issues.
Join the thousands of renters rating and reviewing their landlord, letting agent and rental properties. Tell your story, share your experience, rate your landlord and letting agent.
Sparrowhawk Legal Ltd | Registered in England and Wales | Registered Company No: 14507943 | Registered office: 5th Floor 167-169 Great Portland Street, London, W1W 5PF | Tel 0204 581 9300
Sparrowhawk Legal Ltd is authorised and regulated by the Solicitors Regulation Authority No. 8004127
Sparrowhawk Legal is a trading name of Sparrowhawk Legal Ltd.
© Copyright 2024. Sparrowhawk Legal. All rights reserved.