What Tenants Should Know About Housing Disrepair and Their Legal Rights
Many tenants across England and Wales continue to live in properties with serious repair issues from damp and mould to broken heating, leaks, and unsafe electrics. In many cases, these problems persist despite repeated complaints to landlords.
This guide explains what qualifies as housing disrepair, what legal responsibilities landlords have, and what tenants can do if those responsibilities are ignored.
What Is Housing Disrepair?
Housing disrepair refers to faults or damage in a rental property that a landlord is legally responsible for repairing. These are often issues that affect the structure, safety, or basic living conditions in the home. Common examples include:
- Persistent damp or black mould
- Leaking roofs, windows, or pipes
- Faulty central heating or broken boilers
- Unsafe electrical wiring or plug sockets
- Rodent or insect infestations
- Cracks in walls or ceilings
- Blocked drains or poor ventilation
- Loose floorboards or damaged staircases
To qualify as disrepair, the issue must fall under the landlord’s legal duties, and they must have been made aware of the problem.
What Are Landlords Legally Responsible For?
Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords must:
- Keep the structure and exterior of the property in good repair
- Maintain heating and hot water systems, gas installations, electrical wiring, and plumbing
- Repair and maintain common areas in buildings with multiple tenants (e.g. hallways and staircases)
- Ensure the home is free from hazards that pose a risk to the occupant’s health or safety
These obligations apply to both private and social landlords. The rules also apply regardless of the rent being paid.
How Long Do Landlords Have to Carry Out Repairs?
There’s no fixed legal deadline, but repairs must be completed within a “reasonable” time once the landlord has been informed. For serious issues (such as no heating in winter or major leaks), this could mean within a few days. Less urgent problems may allow a slightly longer period, but long-term inaction can breach the tenancy agreement and the law.
What Can Tenants Do If a Landlord Refuses to Repair?
If you’ve reported the problem and your landlord hasn’t taken action, there are several steps you can take:
- Write to the landlord again — Restate the issue and request action within a specific timeframe. Keep a copy for your records.
- Contact the local council — The Environmental Health team can inspect the property and issue improvement notices if health or safety is at risk.
- Take legal advice — You may be entitled to claim compensation or apply to the court to force repairs.
- Gather evidence — Take photos, save communications, and keep a log of how the disrepair has affected you (e.g. damaged belongings, health symptoms, extra heating costs).
It’s important to follow the correct legal process. Withholding rent can lead to eviction unless done under legal guidance and in very specific circumstances.
Can Tenants Claim Compensation?
Yes, tenants may be able to claim compensation for:
- The inconvenience and disruption caused by the disrepair
- Damage to personal belongings (e.g. furniture, electronics, clothing)
- Medical costs or health issues caused by poor living conditions
- Additional expenses (e.g. buying heaters or increased energy bills)
- Loss of enjoyment of the home
- A portion of rent paid during the period the home was unfit
The amount depends on the severity and duration of the problem and the impact it has had on the tenant.
Do These Rights Apply to All Tenants?
These laws apply to:
- Private renters (including through letting agents)
- Housing association and council tenants
- Tenants on assured shorthold, assured, and secure tenancies
- Occupiers with long-term agreements (including some licence holders)
They do not usually apply to lodgers or people living with their landlord.
Summary
Housing disrepair is more than just an inconvenience, it can impact your health, finances, and overall wellbeing. Landlords have a legal duty to maintain rental properties, and tenants have clear rights when those duties are ignored. By understanding the law and following the correct steps, tenants can take action to ensure their homes are safe, secure, and properly maintained.
