Is your home causing you more stress than it should? If things keep going wrong and your landlord isn’t fixing them, you might be thinking about filing a housing disrepair claim. But before you take that step, there’s a lot you need to understand.
Claims like these aren’t just about broken boilers or leaky roofs. They involve legal rights, timelines, responsibilities, and a fair bit of paperwork. So, it’s important to go in with your eyes open.
Here’s what to know before you make your move.
Contents
What Exactly Counts as Housing Disrepair?
Not everything broken in your home is considered a legal disrepair issue. For a claim to be valid, the problem must be something your landlord is legally responsible for.
The most common issues include:
- Damp and mould – Often linked to poor ventilation or leaks, not always caused by tenant actions
- Leaking pipes or roofs – Water ingress or drainage problems that haven’t been addressed
- Heating issues – A broken boiler or lack of central heating, especially during colder months
- Electrical faults – Exposed wiring, power outages, or unsafe electrics
- Broken windows or doors – Particularly if they cause a security or safety risk
- Pests or infestations – Mice, rats, or insects due to structural issues or neglect
If the disrepair affects your health, safety, or ability to live comfortably in your home, it likely meets the threshold for a claim.
The Legal Responsibility Lies with the Landlord
Landlords have a legal duty to keep certain parts of a rental property in good condition. This includes the structure and exterior of the home, installations for water, gas, electricity, sanitation, heating, and hot water.
It doesn’t matter whether you live in social housing or rent privately. If your landlord fails to carry out necessary repairs in a reasonable timeframe after being informed, they could be liable.
That said, tenants also have responsibilities. For example, you should use the property in a reasonable way, avoid deliberate damage, and report issues as soon as they appear. If you don’t report a problem, your landlord may not be held accountable for delays in fixing it.
If you’re unsure whether your situation qualifies or you’re struggling to get your landlord to take action, Greenbank Lawyers can help you understand your rights and guide you through the claims process. Having legal support early on can make a real difference.
Start With the Right Steps
Before you even think about filing a claim, take these initial steps:
- Report the issue – Always notify your landlord or letting agent in writing. Keep a record of what was sent and when.
- Follow up – If you don’t hear back within a reasonable time, send a reminder. Again, do this in writing.
- Collect evidence – Take photos or videos of the disrepair. Record any communication, missed repair appointments, or promises that weren’t kept.
- Keep notes on the impact – Has the issue made a room unusable? Have you suffered financially or physically? This information can support your claim later.
Timing Matters More Than You Think
It’s not uncommon for tenants to wait months, even years, hoping the problem will be resolved without involving legal action. But delaying too long can work against you.
There are legal time limits for bringing a housing disrepair claim. Generally, you must start the process within six years of the disrepair starting, or within three years if your claim involves personal injury.
It’s also worth noting that courts tend to favour tenants who followed the right process. That means giving the landlord a fair chance to respond, being cooperative, and documenting your efforts clearly.
You Might Be Entitled to More Than Just Repairs
Many people assume that the only outcome of a successful claim is that the landlord finally fixes the issue. But in some cases, you may be entitled to compensation too.
This can include:
- General inconvenience – For loss of use of rooms or discomfort caused by the issue
- Health problems – If the disrepair has contributed to respiratory problems, anxiety, or other medical conditions
- Financial losses – Such as increased heating bills due to faulty insulation or having to replace damaged belongings
- Relocation costs – If you’ve had to move out temporarily or permanently due to the property being uninhabitable
The amount depends on how severe the disrepair is, how long it has continued, and how much impact it has had on your daily life.
It’s Not Always a Straightforward Process
Filing a housing disrepair claim is a legal matter, not a simple customer complaint. It can involve:
- Gathering detailed evidence
- Writing formal letters
- Responding to your landlord’s defence
- Possibly attending court if the claim doesn’t settle beforehand
That doesn’t mean it’s not worth it. But it’s not something to rush into without understanding the full picture.
Also, keep in mind that not all landlords respond with cooperation. Some might try to delay repairs further, or even retaliate with threats of eviction. The law protects tenants in these situations, but it’s important to be prepared and know your rights.
Don’t Let Fear Stop You From Acting
Many tenants hesitate to take action out of fear. Fear of legal costs. Fear of making things worse. Fear of losing their home.
But if you’re living in poor conditions that are affecting your health or safety, you have every right to speak up. Landlords are required by law to provide homes that meet basic living standards. And you are protected from unfair treatment for asserting those rights.
That said, weigh your decision carefully. Filing a claim is a serious step. Make sure you’ve followed the correct steps, kept records, and understand what you’re asking for.
When to Seek Help
While you can start a claim on your own, it can get complex quickly. If your landlord is being difficult, the disrepair is severe, or your health has been affected, it may be time to get professional advice.
Housing specialists, legal advisors, or tenant support organisations can help guide you through the process. They’ll also make sure your paperwork is solid and that your case has the best chance of success.
Just don’t wait too long. The earlier you act, the better your chances of getting a fair outcome.
Stand Up for Your Right to a Safe Home
Your home should be a place of comfort, not stress. If you’re putting up with unsafe or unhealthy living conditions because your landlord won’t act, you don’t have to stay silent.
Understand what counts as disrepair. Know your landlord’s responsibilities. Take the right steps, keep records, and don’t ignore the impact it’s having on your life.
Filing a housing disrepair claim is not just about repairs. It’s about standing up for the right to live in a safe, decent space. And you’re absolutely entitled to that.
