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