Step-by-step
Document the disrepair
Take photos and videos of all disrepair issues with dates. Note how long problems have existed.
Report in writing
Send written repair requests to your landlord. Keep copies and note dates. The landlord must have been notified.
Allow reasonable time
Give the landlord reasonable time to complete repairs. What is reasonable depends on urgency.
Gather expert evidence
For serious disrepair, get an independent surveyor's report. Environmental Health can also inspect.
Send letter before claim
Follow the Housing Disrepair Pre-Action Protocol. Send a detailed letter of claim.
File your claim
File for compensation for inconvenience and any damage to belongings or health.
Understanding Housing Disrepair Claims
Landlords have legal obligations to keep rental properties in repair. When they fail to do so, you can claim compensation for the inconvenience and any losses.
Common scenarios:
- Compensation for poor housing conditions (damp, mould)
- Landlord failure to repair despite requests
- Damage to tenant belongings from disrepair
- Temporary accommodation costs while repairs done
Landlord's obligations:
- Keep structure and exterior in repair
- Maintain installations for water, gas, electricity, sanitation
- Keep heating and hot water in working order
- Address issues affecting habitability
Evidence You Need
Essential evidence:
- Repair request records (emails, letters with dates)
- Photos/videos of disrepair (dated)
- Tenancy agreement
- Evidence of when problems started
Helpful evidence:
- Expert reports (surveyor, Environmental Health)
- Medical evidence if health affected
- Receipts for damaged belongings
- Records of contact with landlord
Environmental Health:
Your local council can inspect and may serve improvement notices. Their report supports your claim.
What You Can Claim
Typical claim value: £500 - £10,000
You can claim:
- Compensation for loss of enjoyment/inconvenience
- Damage to your belongings
- Additional heating costs due to disrepair
- Medical costs if health affected
- Cost of temporary accommodation
Calculating compensation:
Courts often award a percentage of the rent for the period affected. Factors include:
- Severity of disrepair
- How much of the property was affected
- How long it lasted
- Impact on you
What Landlords Must Repair
Section 11 Landlord and Tenant Act 1985:
For most residential tenancies, landlords must repair:
- Structure and exterior (roof, walls, windows, doors)
- Installations for water, gas, electricity
- Installations for sanitation (toilets, baths, sinks)
- Installations for heating and hot water
NOT landlord's responsibility:
- Damage caused by tenant
- Items tenant agreed to maintain
- Decoration (unless caused by disrepair)
Notice requirement:
The landlord must know about the problem. Always report issues in writing and keep proof.
Frequently asked questions
How long should I wait for repairs before claiming?
Give the landlord reasonable time to complete repairs after being notified. What is reasonable depends on urgency: emergency repairs (no heating in winter) should be same-day; routine repairs within a few weeks. Document all requests and responses.
Can I claim if the disrepair affected my health?
Yes. If disrepair (e.g., damp and mould) caused or worsened health conditions, you can claim for this. Medical evidence linking your condition to the housing problem strengthens your claim. This may push the claim value higher.
What is the Housing Disrepair Pre-Action Protocol?
This is a formal process you should follow before court. It requires sending a detailed letter of claim, allowing the landlord to inspect and respond, and attempting to settle. Courts expect this to be followed.
Should I withhold rent because of disrepair?
This is risky. While you may be able to set off repair costs against rent in some circumstances, simply not paying can lead to eviction proceedings. It is safer to pay rent and claim compensation separately.
What if my landlord is a council or housing association?
The same rules apply to social landlords. You may also be able to use their complaints process and the Housing Ombudsman. Compensation claims work the same way.
Can I do the repairs myself and deduct from rent?
Only in very limited circumstances after following specific legal procedures. Generally, you cannot simply deduct repair costs. If you do repairs, keep receipts - you may be able to claim the cost as part of your compensation.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.