What Is a Housing Disrepair Claim — and Do You Have One?

What Does "Housing Disrepair" Actually Mean?

Disrepair simply means your home is not in the condition it should be in.

Every council and housing association landlord in England is legally required to keep your home in good repair throughout your tenancy. That is not a guideline or a courtesy. It is a legal duty. If your home has serious problems that your landlord has been told about and has not fixed, that is disrepair in the legal sense, and you may have a right to take action.

The problems that most commonly give rise to a claim include damp and black mould, a broken boiler or no hot water, leaks from the roof or neighbouring flats, damaged walls or ceilings, unsafe electrics, and pest infestations caused by gaps or damage in the building.

Not every maintenance issue qualifies. A dripping tap you can fix yourself, a scuff on a wall, or a door that sticks slightly is unlikely to give rise to a claim. The issue needs to be something your landlord is legally required to fix, serious enough to affect your health or your ability to use your home, and something they have been told about and failed to address.

Who Can Make a Housing Disrepair Claim?

Housing disrepair claims are available to council and housing association tenants in England and Wales. If you rent from a private landlord, you have different legal protections and different routes available to you. This site is specifically focused on social housing tenants.

If you are a council or housing association tenant in Wales, the legal framework is different from England and a separate guide covers what applies to you.

The One Thing That Matters Most

Your landlord has no legal obligation to fix a problem they have not been told about.

Your landlord needs to know about a problem before they can be expected to fix it. A phone call to the repairs line, a verbal complaint to your housing officer, or a conversation in the corridor can all constitute notification. However, verbal reports are significantly harder to prove if a dispute arises about when your landlord was told and what they were told.

Reporting in writing, whether by email, letter, or text message, creates a clear and dated record. That date is when your landlord's legal duty to act begins, when the deadlines introduced by Awaab's Law in October 2025 start running, and the starting point from which any compensation would be calculated.

If you have reported the problem verbally but not yet in writing, put it in writing now. Even a brief email today confirms the notification on record and strengthens your position considerably.

Do You Have a Claim?

You may have a housing disrepair claim if you can answer yes to all three of the following:

What Are Your Options?

A housing disrepair claim does not automatically mean instructing a solicitor or a claims management company. Several routes are available, and the right one depends on where you are in the process.

For most tenants, the starting point is their landlord's formal complaints procedure. If that does not resolve the issue, the Housing Ombudsman Service is a free and independent body that can investigate and order repairs and compensation. Legal action through a solicitor becomes appropriate when the complaints route has been exhausted or the disrepair is serious.

If you are a council or housing association tenant, a dedicated guide covers when that progression from complaint to claim usually happens, how to build the file, and which route fits the stage you are at.

What Happens if You Make a Claim?

If a legal claim proceeds, a solicitor writes formally to your landlord requiring repairs to be carried out and, where appropriate, compensation to be paid. Most cases are resolved through negotiation without going to court. A successful claim can result in your landlord being required to carry out repairs and pay compensation for the period you lived with the disrepair.

What to Do Right Now

If you have not yet reported the problem, do that today, by email or letter if possible. Describe the problem clearly and keep a copy. If you have only reported verbally, follow it up in writing now to create a clear dated record.

If you have reported it and your landlord has not acted, start gathering evidence. Dated photographs, records of all correspondence, and medical records if your health has been affected.