Housing disrepair explained

What disrepair means in law, what your landlord must do, and when a problem becomes a claim.

"Disrepair" has a narrower meaning in law than in everyday speech. It refers to a deterioration from a previous condition in something your landlord is obliged to keep in repair. Understanding that distinction explains why some complaints succeed and others do not.

What your landlord is responsible for

For most social tenancies, section 11 of the Landlord and Tenant Act 1985 requires the landlord to keep in repair:

• The structure and exterior of the property, including drains, gutters and external pipes
• Installations for the supply of water, gas and electricity, and for sanitation
• Installations for space heating and heating water

The Homes (Fitness for Human Habitation) Act 2018 goes further for tenancies it covers, requiring the property to be fit to live in at the start of and throughout the tenancy. Damp and mould, poor ventilation and inadequate heating can all make a home unfit.

The landlord must know about it

With very few exceptions, a landlord is only in breach once they have been told about the problem and have had a reasonable time to fix it. This is why reporting matters, and why reporting in writing matters more. A phone call you cannot evidence is worth much less than an email you can.

What "a reasonable time" means

There is no single answer. It depends on the seriousness of the problem, the risk to health, and the practicalities of the repair. A dangerous electrical fault is not the same as a cracked path. Repeated failed repairs can also amount to a breach, even where someone did attend.

What tenants are responsible for

You are expected to use the property in a tenant-like manner: keeping it reasonably clean, not causing damage, and letting the landlord in to inspect and repair. Failing to report a problem promptly, or refusing access, can reduce or defeat a claim.

Time limits

Legal claims are subject to time limits. Broadly, claims for the disrepair itself must usually be brought within six years, and claims for personal injury within three years of when you became aware of it. Time limits are a matter for a solicitor to advise on, and they are a good reason not to leave things.

Tell us what is wrong with your home

We will explain your options honestly, including the ones that do not involve us. Making an enquiry costs nothing and commits you to nothing.