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.

New Guide

How to Claim for Housing Disrepair

Guide to claiming compensation from landlords for failure to repair property and for damage caused by poor housing conditions.

10 min read

Updated 2 February 2026

Step-by-Step Guide

Document the disrepair

15 mins

Take photos and videos of all disrepair issues with dates. Note how long problems have existed.

Tip: Include photos showing the extent and impact of the disrepair, not just close-ups.

Report in writing

10 mins

Send written repair requests to your landlord. Keep copies and note dates. The landlord must have been notified.

Allow reasonable time

variable

Give the landlord reasonable time to complete repairs. What is reasonable depends on urgency.

Gather expert evidence

60 mins

For serious disrepair, get an independent surveyor's report. Environmental Health can also inspect.

Send letter before claim

15 mins

Follow the Housing Disrepair Pre-Action Protocol. Send a detailed letter of claim.

File your claim

20 mins

File for compensation for inconvenience and any damage to belongings or health.

Need help with this process?

CourtPilot can generate these documents for you automatically.

Get Started

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

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.

Legal Disclaimer

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.

Related Guides

How to Write a Letter Before Claim (Letter Before Action)

8 min read

How to Claim for Tenancy Deposit Disputes

11 min read

How to Claim for Rent Arrears or Overpayments

8 min read

Industry-Specific Guidance

We have detailed guides tailored for specific industries facing these types of disputes.

Landlords & Property

For landlords dealing with rent arrears, deposit disputes, and property damage claims.

Neighbour Disputes

For boundary issues, shared bills, property damage, and neighbourhood conflicts.

Ready to start your case?

CourtPilot guides you through every step of the small claims process with AI-powered assistance.

Start Your Case Free Case Assessment

No credit card required

Get started in minutes