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)

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

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.

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. Pro £88 for the whole claim. £500,000 of housing lawyer drafting for the price of a takeaway.

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.