How to Make a Landlord Disrepair Claim

Under Section 11 of the Landlord and Tenant Act 1985, landlords of most residential properties must repair and maintain:

Structure and exterior: - Roof, walls, foundations - Windows, doors, steps - Gutters, downpipes, external paintwork - Garden walls, fences, gates

Installations for: - Water supply and sanitation (toilets, baths, sinks) - Gas and electricity supply - Space heating and hot water - Drainage and sewerage

What this includes: - Keeping installations in repair and proper working order - Replacing worn-out components - Ensuring installations are safe and adequate

Common disrepair issues: - Damp and mould (often caused by structural problems) - Broken heating systems - Leaking roofs or windows - Faulty plumbing or electrics - Structural damage affecting safety

Why notice matters: Landlords are not liable for disrepair unless they have notice of the problem. Proper notice is essential for any claim.

How to give notice: - Always in writing (email, letter, text) - Be specific about each problem - Request repairs within reasonable time - Keep proof of sending (delivery receipt, read receipts) - Take photos and attach them

What to include: - Exact location of each problem - How long the problem has existed - Impact on your living conditions - Any health effects - Request for inspection and repair

Example notice: "I am writing to report the following repair issues at [property address]: 1. Persistent damp in bedroom ceiling causing mould growth 2. Broken boiler - no heating or hot water for 5 days 3. Leaking bathroom window causing water damage These issues require urgent attention. Please arrange inspection and repairs within 14 days. I am available for access on [dates/times]."

Types of compensation:

1. General damages (inconvenience/discomfort): - Usually calculated as percentage of rent for affected period - Typical range: 10-50% of rent depending on severity - Severe cases (uninhabitable rooms): up to 75%

2. Special damages (quantifiable losses): - Damaged clothing, furniture, belongings - Additional heating costs due to damp/cold - Alternative accommodation costs - Medical expenses related to housing conditions - Cleaning costs due to damp/mould

3. Exemplary damages (rare): - Only awarded for outrageous landlord conduct - Deliberate disregard for tenant health/safety

Example calculation: Rent: £1,000/month Affected period: 8 months Severity: 25% (moderate damp, some rooms affected) General damages: £1,000 × 8 × 25% = £2,000 Damaged belongings: £800 Extra heating: £400 Total claim: £3,200

Essential evidence:

1. Photographic evidence: - Date-stamped photos of all disrepair - Before/after shots if repairs attempted - Wide shots showing extent, close-ups showing detail - Include measuring tape for scale

2. Written records: - All communications with landlord (emails, letters, texts) - Repair request records with dates - Diary of problems and their impact - Medical records if health affected

3. Expert evidence: - Environmental Health inspection report - Independent surveyor report - Medical reports linking conditions to housing - Quotes for remedial work

Environmental Health reports: Contact your local council's Environmental Health team. They can: - Inspect your property free of charge - Issue improvement notices - Provide expert witness reports - Support your case with official findings

Before starting court proceedings, you must follow the Housing Disrepair Pre-Action Protocol:

1. Letter of claim: Send detailed letter including: - Full property address and tenancy details - Description of disrepair with supporting evidence - Landlord's obligations and how they have been breached - Impact on you and your family - Compensation sought and calculation method - Request for landlord to arrange inspection - Proposed expert if appointment needed

2. Landlord response period: Landlord has 20 working days to: - Acknowledge the letter - Agree to inspection or propose alternative expert - Respond to allegations

3. Expert inspection: If parties cannot agree, court may appoint expert. Cost usually shared initially but recoverable by winning party.

4. Settlement discussions: Parties should attempt to settle before issuing proceedings. This may involve: - Agreeing repair schedule - Negotiating compensation amount - Considering alternative accommodation

When housing affects health: Poor housing conditions can cause or worsen: - Respiratory problems (asthma, bronchitis) - Skin conditions (eczema, fungal infections) - Mental health issues (stress, depression) - Sleep disruption - Increased susceptibility to illness

Medical evidence needed: - GP records showing treatment for relevant conditions - Hospital records if hospitalization required - Medical report linking condition to housing - Prescription costs and medication records

Renters' Rights Act 2025 changes: From 1 May 2026: - Landlords must ensure homes meet Decent Homes Standard - New enforcement powers for councils - Stronger penalties for serious hazards - Tenant right to request improvements

Higher compensation for health impact: Courts award higher compensation where disrepair: - Causes or worsens medical conditions - Affects vulnerable occupants (children, elderly, disabled) - Creates statutory nuisances - Poses serious health and safety risks