Housing Disrepair Claim — 2026 Complete Guide

The damp has been there for months. The landlord “sent someone round” who never came back. You have emailed, logged complaints, watched your children cough through another winter. Housing disrepair is one of the most winnable claims in the civil courts when the drafting is right.

The legal framework

• Landlord and Tenant Act 1985 s.11 — landlord must keep in repair the structure, exterior, and installations for water, gas, electricity, sanitation, heating, hot water
• Defective Premises Act 1972 s.4 — duty to persons affected by defects (including visitors)
• Homes (Fitness for Human Habitation) Act 2018 — dwelling must be fit for human habitation throughout the tenancy
• Environmental Protection Act 1990 s.82 — statutory nuisance (parallel magistrates’ court route)

The wider possession landscape changed too: the abolition of Section 21 means landlords now need a ground for eviction, which makes retaliatory eviction far harder — see our impartial guide to the Renters’ Rights Act and the Section 21 abolition.

What counts as disrepair

• Damp and mould (rising, penetrating, condensation caused by building defect)
• Leaks — roof, plumbing, overflow
• Defective heating, boiler not working
• Broken windows, doors not secure
• Electrical faults
• Infestations where landlord-caused
• Structural issues — cracks, subsidence

The Pre-Action Protocol

1. Letter of claim — detailing disrepair, history of reports, loss suffered, remedies sought
2. Landlord has 20 working days to respond with position, disclosure, access proposal
3. Joint surveyor instruction (usually) — independent expert report
4. Further 20 days for parties to consider the surveyor report
5. Negotiation — often settles at this stage
6. If no settlement, proceedings issued

Disrepair also surfaces as a shield: if your landlord has issued a possession claim, you can defend and counterclaim for disrepair on Form N11R: defence to a rented possession claim.

Damages structure

Typical heads:

• Diminution in value of the tenancy — percentage of rent over disrepair period (10–50%)
• General damages — distress, inconvenience, loss of amenity
• Special damages — damaged furniture, clothing, medical expenses, increased heating bills
• Aggravated damages — where landlord’s conduct was egregious
• Injunction / specific performance — court orders the repair

Awaab’s Law

For social housing, Awaab’s Law imposes statutory timescales for damp and mould — 14-day investigation, defined repair windows, duty to rehouse where unsafe. Breach of Awaab’s Law is direct evidence of disrepair liability. Chris drafts Awaab’s Law claims with the statutory framework front and centre. See the Awaab’s Law guide.

Where the failings include letting an unlicensed property, tenants may also claim back rent through a rent repayment order — a separate tribunal route worth up to twelve months’ rent.

Evidence

• Reports to landlord — every email, text, call log dated
• Photographs with timestamps
• Medical evidence — GP letters, asthma inhaler records, child health
• Environmental Health reports if councils involved
• Independent surveyor report
• Receipts for damaged belongings
• Temperature/humidity logs

Can Chris draft the whole disrepair claim?

Yes. Pre-action letter of claim, Part 7 Particulars of Claim, Schedule of Loss, witness statements, disclosure list, trial bundle index. Chris can draft the whole claim.

Prepare to win. Plan not to fail.

Your landlord has an in-house solicitor. You now have Chris. The exhibits stack up; the drafting carries the case.

Other tenant rights & disputes

Awaab’s Law complaint (damp & mould) · Rent Repayment Order · tenancy deposit dispute · neighbour dispute letter

Frequently asked questions

What legal duties does a housing disrepair claim rely on?

The main framework set out on this page is the Landlord and Tenant Act 1985 s.11 (repair of structure, exterior and water, gas, electricity, sanitation, heating and hot water installations), the Defective Premises Act 1972 s.4, the Homes (Fitness for Human Habitation) Act 2018, and the Environmental Protection Act 1990 s.82 as a parallel statutory-nuisance route through the magistrates’ court.

What counts as disrepair?

This guide lists damp and mould, leaks (roof, plumbing, overflow), defective heating or a broken boiler, broken windows or insecure doors, electrical faults, landlord-caused infestations, and structural issues such as cracks and subsidence.

What does the Pre-Action Protocol involve?

As described here: a letter of claim detailing the disrepair, history of reports, loss suffered and remedies sought; the landlord then has 20 working days to respond with their position, disclosure and an access proposal; a joint surveyor is usually instructed; a further 20 days for the parties to consider the report; negotiation (which often settles the matter); and, if there is no settlement, proceedings are issued.

What damages can a disrepair claim recover?

The page sets out typical heads: diminution in value of the tenancy (a percentage of rent over the disrepair period, 10–50%), general damages for distress, inconvenience and loss of amenity, special damages for damaged belongings and increased costs, aggravated damages where the landlord’s conduct was egregious, and an injunction or specific performance ordering the repair.

How does Awaab’s Law affect a claim?

For social housing, Awaab’s Law imposes statutory timescales for damp and mould — a 14-day investigation, defined repair windows, and a duty to rehouse where unsafe. As this guide notes, a breach of Awaab’s Law is direct evidence of disrepair liability, and Chris can draft Awaab’s Law claims with that statutory framework front and centre.

Can Chris draft the whole disrepair claim?

Yes. As stated on this page, that can include the pre-action letter of claim, the Part 7 Particulars of Claim, a Schedule of Loss, witness statements, a disclosure list and a trial bundle index — built from the evidence you upload, such as dated reports, timestamped photographs, medical evidence and surveyor reports.

Related guides: Awaab’s Law complaint guide · Form N5B — accelerated possession · All civil court forms