A Step-by-Step Guide to Making a Housing Disrepair Claim

08/09/26

Last Updated: 8 September 2026 I Reading Time: 6 minutes

Summary

If you are renting a property in England and your landlord has failed to deal with serious repair problems, you may have options to take action. Housing disrepair can include issues such as damp and mould, leaks, broken heating, electrical problems, defective windows, structural problems and other hazards affecting the condition of your home.

The process of making a housing disrepair claim usually starts with reporting the problems to your landlord and keeping clear evidence of what is happening. If the landlord fails to take appropriate action within a reasonable time, you may be able to seek legal advice about your options, which could include a claim for compensation and/or an order requiring repairs.

This guide explains the steps involved, the evidence you should keep and what you should know before starting a housing disrepair claim.

Quick answer

To make a housing disrepair claim, you should first report the repair problems to your landlord and give them a reasonable opportunity to put things right. Keep evidence such as photographs, videos, correspondence and records of repairs. If the problems remain unresolved, you may be able to seek legal advice about a claim. Your rights and the appropriate process will depend on your circumstances, tenancy and the nature of the disrepair.

In this article

• What is housing disrepair?
• What repairs is a landlord responsible for?
• Step 1: Report the disrepair to your landlord
• Step 2: Keep evidence of the problems
• Step 3: Give your landlord a reasonable opportunity to repair
• Step 4: Make a formal complaint if appropriate
• Step 5: Seek legal advice
• Step 6: Your solicitor assesses your claim
• Step 7: The claim and repair process
• Can you claim compensation for housing disrepair?
• Awaab’s Law and housing disrepair
• What if you have already complained?
• How GLP Solicitors can help
• Frequently asked questions

Key takeaways

• Report repair problems to your landlord as soon as possible, preferably in writing.
• Keep photographs, videos, emails, letters, repair reference numbers and other evidence.
• Your landlord is generally responsible for important repairs involving the structure, exterior, heating, hot water, plumbing, sanitation, gas and electrical installations, subject to the circumstances.
• The landlord should normally have a reasonable opportunity to investigate and carry out repairs before court action is considered.
• If your landlord does not properly address serious disrepair, you may have grounds to seek legal advice about a housing disrepair claim.
• Depending on the circumstances, a claim may seek compensation and/or an order requiring repairs.
• Social housing tenants in England have additional protections under Awaab’s Law, with Phase 2 due to come into force on 30 November 2026.
• Your individual circumstances matter, so obtaining advice before starting a claim can help you understand the options available to you.

What is housing disrepair?

Housing disrepair refers to problems with a rented property that a landlord may have a legal responsibility to repair or maintain.

Examples can include:

• Damp and mould
• Water leaks
• Roof problems
• Broken or inadequate heating
• Problems with hot water
• Defective windows or doors
• Plumbing and drainage problems
• Electrical faults
• Damaged flooring, ceilings or walls
• Structural problems
• Defective stairs or other hazards
• Problems affecting communal areas

Not every problem will automatically give rise to a housing disrepair claim. The landlord’s responsibilities can depend on the type of tenancy, the property, the cause of the problem and whether the landlord has been made aware of it.

For many rented properties, landlords have responsibilities for repairs to the structure and exterior, heating and hot water, sanitation, plumbing, gas installations and electrical wiring.

What does the law say about housing disrepair?

The Homes (Fitness for Human Habitation) Act 2018 strengthened tenants’ ability to take action where rented homes are not fit for human habitation.

The legislation applies to both the private and social rented sectors in England in circumstances covered by the Act. Where a property is not fit for human habitation, a tenant may be able to take court action. A court can potentially order the landlord to carry out work and/or award compensation.

Importantly, landlords will generally need to know about a problem before they can be expected to address it. This is why reporting disrepair and keeping evidence of your reports is so important.

Step 1: Report the disrepair to your landlord

The first step in making a housing disrepair claim is usually to tell your landlord or letting agent about the problems.

Ideally, report the issue in writing, such as by email or through your landlord’s online repair reporting system.

Your report should explain:

• What the problem is
• Where it is located
• When you first noticed it
• Whether it has become worse
• Whether it is affecting your health, safety or ability to use the property
• Whether you have reported it previously

For example, instead of simply saying “There is mould in my bedroom”, you could explain where the mould is, when you first noticed it, whether it has spread and whether you have already reported it.

Keep a copy of everything you send

If you report a repair by telephone, make a note of the date, time, person you spoke to and what was discussed.

Government guidance also recommends that tenants keep records of communications with their landlord, including letters, phone calls, emails and texts.

Step 2: Collect evidence of the disrepair

Evidence can be extremely important when assessing a potential housing disrepair claim.

Try to keep a record from the moment you notice the problem.

Useful evidence can include:

• Photographs showing the condition of the property
• Videos showing leaks, flooding or other problems
• Emails and letters to and from your landlord
• Repair reports and reference numbers
• Text messages
• Your tenancy agreement
• Inspection reports
• Receipts for items damaged by the disrepair
• Records of missed or cancelled repair appointments
• Photographs showing how the problem develops over time
• Medical evidence where the condition has affected your health

Take photographs that clearly show the problem and, where useful, wider photographs showing where the issue is located within the property.

For example, if there is mould around a bedroom window, take both close-up photographs and wider photographs showing the window and surrounding room.

Keep evidence of the impact on you

Disrepair can affect more than the physical condition of your home.

Consider keeping a record of how the problems affect your day-to-day life. For example:

• Are you unable to use part of your home?
• Have you had to move furniture?
• Have your belongings been damaged?
• Have you experienced repeated disruption?
• Have repair appointments affected your work or childcare arrangements?
• Have the conditions affected your health or wellbeing?

This information may help your solicitor understand the full circumstances of your case.

Step 3: Give your landlord a reasonable opportunity to carry out repairs

Once your landlord knows about the problem, they should generally be given a reasonable opportunity to investigate and carry out necessary repairs.

What counts as a reasonable period can depend on the nature and seriousness of the problem.

An emergency issue obviously requires a different response from a minor repair.

Government guidance states that landlords have a duty to repair problems within a reasonable amount of time once they are aware of them.

If your landlord arranges an inspection or repair, keep records of the appointment.

If a contractor attends but the problem is not actually fixed, record what happened and report the continuing issue.

Do not assume that one unsuccessful repair attempt means the matter is resolved.

Step 4: Make a formal complaint if appropriate

If your landlord has failed to deal properly with the repair, you may need to make a formal complaint.

This can be particularly important for social housing tenants.

The Housing Ombudsman distinguishes between a service request, such as reporting a repair, and a formal complaint about the landlord’s service or failure to act appropriately.

If you are a social housing tenant, check your landlord’s complaints procedure and follow the relevant stages.

If your complaint remains unresolved, you may have the option of taking the matter to the Housing Ombudsman, depending on your circumstances and whether the relevant complaints process has been completed.

However, a complaint to your landlord or the Housing Ombudsman is not necessarily the same thing as pursuing a court claim for compensation or other legal remedies.

If you are unsure which route is appropriate, consider obtaining independent legal advice.

Step 5: Seek legal advice about your housing disrepair claim

If serious problems remain unresolved despite being reported to your landlord, it may be time to seek legal advice.

A solicitor can assess the circumstances and consider issues such as:

• The type of tenancy you have
• Your landlord’s repair responsibilities
• The nature and severity of the disrepair
• When the landlord was first notified
• What action the landlord has taken
• How long the problem has continued
• The evidence available
• Whether the property may be unfit for human habitation
• Whether compensation may be available
• Whether the landlord needs to take further action

Not every repair problem will result in a successful compensation claim, so an initial assessment is important.

Step 6: Your solicitor assesses your claim

Before taking on a case, your solicitor should consider whether there is a reasonable basis for pursuing it.

At GLP Solicitors, this assessment may involve reviewing your evidence and asking questions about:

• Your property
• Your landlord or housing provider
• Your tenancy
• The repair problems
• Previous reports
• Inspections and repairs
• The effect of the disrepair on you
• Any supporting documentation

You may be asked to provide photographs, videos, correspondence and other evidence.

The clearer and more complete your evidence, the easier it can be to understand what has happened.

If your claim is suitable to proceed, your solicitor can explain the next steps and the funding options available to you.7

Step 7: The housing disrepair claim progresses

If your solicitor agrees to act, they will explain the process and communicate with the landlord or their representatives where appropriate.

Depending on the circumstances, the legal process may seek:

• Appropriate repairs to the property
• Compensation for the period of disrepair
• Compensation for inconvenience and loss of use
• Compensation for damaged belongings where legally recoverable
• Other appropriate remedies

The exact value and outcome of a claim will depend on its individual circumstances.

A housing disrepair claim is not simply about receiving compensation. In many cases, an important objective is ensuring that serious problems are properly investigated and addressed.

Can you claim compensation for housing disrepair?

Potentially, yes.

If your landlord has failed to meet their legal responsibilities and you have suffered loss or inconvenience as a result, you may have grounds to pursue compensation.

Under the Homes (Fitness for Human Habitation) Act 2018, where the relevant requirements are met, a court can order a landlord to remedy problems and/or award damages.

The amount of compensation is not automatically a fixed percentage of your rent.

The circumstances of each case are different, and factors such as the seriousness and duration of the problems, the part of the property affected and the impact on the tenant can be relevant.

Your solicitor should assess your individual circumstances rather than promising a particular compensation figure.

Awaab's Law and Housing Disrepair: What tenants need to know in 2026

Awaab’s Law is particularly important for social housing tenants in England.

Phase 1 of Awaab’s Law came into force on 27 October 2025 and introduced requirements relating to emergency hazards and significant damp and mould hazards in social housing.

Phase 2 comes into force on 30 November 2026

The Government has confirmed that Phase 2 of Awaab’s Law will come into force on 30 November 2026, subject to the relevant regulations coming into force.

Phase 2 will extend the significant hazard requirements to a wider range of hazards, including:

• Excess cold
• Excess heat
• Falls
• Structural collapse
• Fire and explosions
• Electrical hazards
• Domestic hygiene hazards

The Government has also published Phase 2 guidance for social landlords.

For social housing tenants, this makes it particularly important to report serious hazards promptly and keep evidence of what you have reported and how your landlord responds.

Awaab’s Law applies to the social rented sector. It should not be confused with the wider repair and fitness obligations that can apply to private rented properties under existing legislation.

What if your landlord says the disrepair is your fault?

A landlord may argue that damage has been caused by the tenant rather than by a failure to maintain the property.

Responsibility can depend on the cause of the problem and the circumstances.

For example, tenants can be responsible for damage caused by themselves, their household or their visitors. Government guidance also recognises circumstances in which the Homes Act may not apply, including certain problems caused by a tenant’s irresponsible or illegal behaviour.

If your landlord says you are responsible, do not assume that this automatically ends the matter.

A solicitor can look at the evidence and advise you about who may be responsible.

What if I have already moved out?

Moving out does not automatically mean that you cannot seek advice about previous disrepair.

However, the circumstances of the claim and the legal basis for pursuing it can be affected by whether you still live at the property, when the disrepair occurred and what happened before you left.

If you have already moved out but experienced significant disrepair during your tenancy, it is worth obtaining advice about your individual circumstances rather than assuming you cannot take action.

How GLP Solicitors can help

At GLP Solicitors, our Housing Disrepair team assists tenants who are experiencing problems with the condition of their rented homes.

Our role can include:

Reviewing your evidence

We can consider photographs, videos, correspondence, tenancy documents and other information to help assess your situation.

Assessing your legal position

We can consider your landlord’s responsibilities, the history of the repairs and whether there may be grounds for a housing disrepair claim.

Communicating with your landlord

Where appropriate, we can communicate with the landlord or their representatives and set out the issues requiring attention.

Advising you throughout the proces

We aim to explain the process in straightforward language and keep you informed about developments in your case.

Considering compensation and repairs

Depending on the circumstances, we can advise you about potential remedies, including compensation and steps that may be available to address ongoing disrepair.

GLP Solicitors has been providing legal services since 1970, with experience across a range of legal matters. Our specialist Housing Disrepair service is designed to help tenants understand their options when landlords fail to deal appropriately with serious property problems.

Frequently Asked Questions