Council tenant's rights guide

The Right to a Safe and Well-Maintained Home

Your landlord must keep your home in good repair throughout your tenancy. This is not a courtesy, it is a legal obligation under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

This covers the structure and exterior of your home, heating and hot water systems, plumbing and drainage, gas and electrical installations, and anything provided as part of the tenancy. If your home is in a state that makes it unsafe or unfit to live in , whether because of damp, structural problems, a broken boiler, or any other serious hazard, your landlord is required to fix it.

The Right to Repairs Within a Reasonable Time

Once you have reported a problem to your landlord, they are required to act within a reasonable time. What is reasonable depends on how serious the problem is, a broken boiler in winter is treated very differently from a stiff door hinge.

Since October 2025, Awaab's Law has introduced fixed legal deadlines for council and housing association tenants. Emergency hazards must be investigated and actioned within 24 hours. Damp and mould presenting a significant risk must be investigated within 10 working days.

The important point is that the clock starts from the moment your landlord is notified, not from when you formally complain. This is why reporting problems in writing, with a clear date, is so important.

The Right to Stay in Your Home

One of the questions tenants ask most often is: will I be evicted if I complain?

The answer is no, and the law backs this up. Under the Deregulation Act 2015, retaliatory eviction is illegal. If you have made a legitimate complaint about the condition of your home and your landlord attempts to evict you in response, a court will not grant possession, provided the complaint was made in writing before any eviction notice was issued.

This protection applies as long as you are meeting your obligations as a tenant, including paying rent. The right to complain and the right to remain in your home are protected simultaneously.

The Right to Complain - Even If You Have Rent Arrears

This surprises many tenants: having rent arrears does not stop you from making a housing disrepair claim. Disrepair and rent arrears are treated as entirely separate matters in law.

Your landlord cannot use your arrears as a reason to dismiss your complaint, delay repairs, or refuse to engage with a claim. If your landlord raises your arrears in response to a disrepair complaint, that is not a legal defence on their part.

That said, if you are in arrears, it is still advisable to seek independent advice about your position, both issues can be managed alongside each other.

The Right to Seek Compensation and Take Legal Action

If your landlord has failed to carry out repairs they were legally required to do, and this has affected your health, your belongings, or your ability to use your home normally, you may be entitled to compensation as well as the repairs themselves.

A formal claim can result in:

• The repairs being carried out
• Compensation for the period you lived with the disrepair
• Compensation for damaged belongings or health effects caused by the conditions

Most claims are resolved without going to court, and most solicitors who handle housing disrepair cases work on a no-win, no-fee basis.

The Right to Free, Independent Help

You are not required to use a solicitor or a claims management company to pursue your rights. Several free routes are available:

• Your landlord's formal complaints process , every council and housing association must have one. This should always be your first formal step after informal written reports have been ignored.
• The Housing Ombudsman Service , a free, independent service that investigates complaints from social housing tenants. It can order your landlord to carry out repairs, apologise, or pay compensation. You generally need to have completed your landlord's complaints process first.
• Law Centres, offer free legal advice and representation for housing cases in many areas of England.

What to Do Right Now

If you are dealing with a problem in your home that your landlord has not fixed:

1. Write to your landlord today , email or letter, clearly describing the problem, when it started, how it affects you, and requesting repairs by a specific date. Keep a copy.
2. Take photos, dated photographs of every affected area.
3. Keep a record, note every conversation, every appointment made or missed, every response received.
4. Follow up in writing if you receive no response within the timeframe you set.
5. Seek advice, contact Council Repair Claims for a free assessment, or the Housing Ombudsman if you have already been through your landlord's complaints process.

Feeling Overwhelmed?

Housing problems do not just affect your home, they affect your sleep, your health, your concentration, and your sense of security. If you are finding the situation difficult, you are not alone and there is support available.