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Housing disrepair claims – What tenants need to know

Whether you’re renting a private property or a home owned by a local authority or housing association, your landlord has a legal responsibility to ensure your home is in a habitable and safe condition.

Under the Landlord and Tenant Act 1985 and the Housing Act 2004, your landlord must ensure that the structure and exterior of the property, including the roof, walls, windows, and doors, are kept in good repair.

Additionally, they must maintain installations for the supply of water, gas, electricity, sanitation, and heating.

If you believe that your landlord has failed to maintain the property adequately, leading to issues such as damp, mould, or broken heating systems, you could file a housing disrepair claim for compensation.

Defending your claim

Before you make a claim, you must make sure that you have upheld all your responsibilities as a tenant and be able to prove that you have kept up your end of the tenancy agreement.

As with most compliance-related cases, documenting repair requests and actions taken is vital evidence.

Disrepair refers to the condition of a property when it is in poor or defective condition, impacting its habitability or safety.

You should take photographs of any damage or leaks, as well as related issues that have developed from the damage (for example, the growth of mould).

We also recommend instructing a chartered building surveyor to provide an expert report, which will confirm the state of disrepair and provide an estimate for the cost of repairs.

This report will be essential evidence in your claim and will also help to determine the value of compensation you will receive.

A common defence that landlords try to use in disrepair claims is tenant negligence.

For example, if a tenant fails to report a minor leak which then causes significant damage, the landlord could argue that the tenant’s inaction contributed to the disrepair.

To avoid this, make sure you report even minor issues to your landlord as soon as they occur and keep clear documentation of all interactions. Make sure you have proof that you have followed up with the landlord several times and that the cause of damage is not through your own misuse or neglect.

Your landlord may also try to claim that you did not report the disrepair issue. Keep records of all reports you have made to the landlord, including any follow-up requests or reminders.

Another potential defence landlords make is having been unable to gain access to the property to carry out repairs.

You must demonstrate that you have made reasonable efforts to allow your landlord access to the property. Again, keep a record of any communications (whether by text, email, or letter) to act as evidence in your case.

Finally, keep a written record of how the property disrepair has had an impact on your day-to-day life.

Explain how the disrepair has caused stress for you and any other tenants, and highlight any major inconveniences or difficulties incurred as a result of the damage, such as being unable to leave the property or needing to take time off work to manage issues.

Handle your housing disrepair claim with Mander Hadley

The law is designed to protect both landlords and tenants, in effect stopping them from taking matters into their own hands.

That’s why it’s important to be aware of your rights and comply with your obligations.

If you have repeatedly reported disrepair issues and your landlord is refusing to fix the problem, then it is vital to seek legal advice.

Our specialist team has a wealth of experience in dealing with residential landlord and tenant disputes.

We’ll help you negotiate a settlement out of court where possible. However, if your landlord refuses to comply, we’ll help you submit your housing disrepair claim and represent you every step of the way.

Don’t let disrepair disputes get out of hand. Contact us today for expert advice and guidance.