Short answer
Private and social landlords have a statutory duty to keep the structure, exterior, and certain installations of a rented property in repair under section 11 of the Landlord and Tenant Act 1985. If a landlord fails to carry out repairs after being given notice, the tenant can apply to the county court for an order requiring the repairs and claim damages for inconvenience and personal injury caused by the disrepair.
The landlord's repair obligation only arises once they have been notified of the defect — you must give written notice and allow a reasonable time for repairs before pursuing a claim. The court will consider the nature of the defect, the risk to health, and the landlord's response time.
1 The rule
The landlord's repair obligation is set out in
"In a lease of a dwelling-house for a term of less than seven years, there is implied a covenant by the lessor … to keep in repair the structure and exterior of the dwelling-house … and to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity."Read the official text
The Homes (Fitness for Human Habitation) Act 2018 (now incorporated into the Landlord and Tenant Act 1985 as s.9A) adds a separate duty to ensure the property is fit for human habitation at the start of the tenancy and throughout. This covers conditions such as damp and mould, structural instability, and inadequate heating — conditions not always caught by s.11.
2 What you can do now
- Document the disrepair thoroughly
Photograph every defect with a timestamp — water stains, mould, broken fittings, damaged flooring. If the defect causes damp or mould, a damp meter reading can strengthen your evidence. Keep a log with dates of when defects appeared or worsened. For health effects (respiratory problems, skin conditions), ask your GP for a letter linking the condition to the property. See the <a href="/articles/how-to-keep-evidence" class="body-link">how to keep evidence guide</a> for general principles.
- Notify your landlord in writing and set a reasonable deadline
Send a written notice (letter or email) describing each defect clearly and requesting repair within a reasonable period — 14 days for urgent matters (no heating in winter, major leak), 28 days for serious but non-urgent issues, and up to three months for less urgent structural matters. Your landlord's repair obligation only arises after notice, so this step is legally essential. Keep a copy. If your landlord is a local authority or housing association, also report the defect through their official repairs line and keep the reference number.
- Escalate if the landlord does not respond
If the landlord ignores your notice or makes only cosmetic repairs, escalate in writing — refer to your first notice, note the date it was sent, and give a final 14-day deadline before you take further action. At this stage you can also report the disrepair to the Environmental Health team at your local council. Environmental Health can carry out a property inspection under the <a href="https://www.legislation.gov.uk/ukpga/2004/34/contents" target="_blank" rel="noopener noreferrer">Housing Act 2004</a> and issue a Hazard Awareness Notice or Improvement Notice, which requires the landlord to carry out specified works. An Improvement Notice is powerful evidence in subsequent court proceedings.
- Instruct a surveyor and consider sending a pre-action letter
Before issuing proceedings, consider instructing a chartered surveyor to produce a disrepair survey — an independent assessment of the defects, their cause, and the cost of remediation. This is strong evidence at trial and may prompt the landlord to settle. Send a formal pre-action letter (letter before action) setting out: the defects; when you gave notice; the landlord's failure to respond; your intention to claim damages and an order for repair; and an offer to negotiate. The <a href="/guides/debt/letter-before-action" class="body-link">letter before action guide</a> covers drafting this letter. Most housing disrepair claims settle after a surveyor's report is served.
- Issue county court proceedings if settlement is not reached
If the landlord still does not carry out repairs or compensate you, issue a county court claim. The claim should seek: (1) an order for specific performance requiring the landlord to carry out specified works by a set date; and (2) damages for breach of the implied covenant in s.11 and/or s.9A. Claims up to £10,000 in damages proceed in the small claims track; larger claims go to the fast or multi-track, where costs recovery is possible. Use the <a href="https://www.gov.uk/make-court-claim-for-money" target="_blank" rel="noopener noreferrer">Money Claim Online service</a> for straightforward damages claims. For orders requiring specific repairs, you will need to use the N1 form at a county court. The <a href="/guides/debt/county-court-money-claim" class="body-link">county court money claim guide</a> explains the issuing process.
3 When this does not apply
- Tenant-caused damage: the landlord is not obliged to repair damage caused by the tenant's misuse or neglect.
- Tenant's duty to use property in a tenant-like manner: a tenant must do minor works (replacing light bulbs, keeping the property ventilated to prevent condensation). Condensation caused by the tenant's lifestyle rather than a structural defect may not be the landlord's responsibility — but the burden is on the landlord to prove this.
- Leasehold flats: for long leaseholders (as opposed to assured shorthold tenants), repair obligations depend on the lease terms and the Landlord and Tenant Act 1985, s.20 (major works consultation). Service charges covering disrepair are a separate regime.
- Social housing: the Housing Ombudsman handles complaints about social landlords (local authorities and housing associations). Tribunal proceedings are also available. The Ombudsman route is free and does not require legal representation.
4 Common questions
Can my landlord evict me for complaining about disrepair?
Retaliatory eviction is prohibited. Under the <a href="https://www.legislation.gov.uk/ukpga/2015/20/section/33" target="_blank" rel="noopener noreferrer">Deregulation Act 2015, s.33</a>, if you have given written notice of a defect to your landlord, the landlord cannot serve a valid Section 21 (no-fault) eviction notice for six months after your complaint. If they do, you can raise the retaliatory eviction defence in possession proceedings. The Renters' Rights Bill (when in force) will abolish Section 21 entirely — see the <a href="/news/renters-rights-bill-deposit-return" class="body-link">Renters' Rights Bill news item</a>.
What is a "fitness for human habitation" claim?
Under <a href="https://www.legislation.gov.uk/ukpga/1985/70/section/9A" target="_blank" rel="noopener noreferrer">Landlord and Tenant Act 1985, s.9A</a> (as inserted by the Homes (Fitness for Human Habitation) Act 2018), a landlord must ensure the property is fit for human habitation at the time of the letting and throughout. This covers 29 hazard categories assessed under the Housing Health and Safety Rating System (HHSRS), including excess cold, damp and mould, falls on stairs, and electrical hazards. A fitness claim can run alongside a s.11 repair claim and covers conditions that are hazardous but not necessarily structural defects.
How much compensation can I claim?
Damages in housing disrepair claims typically include: general damages for loss of enjoyment and inconvenience (commonly expressed as a percentage of rent for the affected period — typically 25–50% for serious disrepair); special damages for damaged belongings, medical expenses, or alternative accommodation costs; and aggravated damages where the landlord's conduct has been particularly high-handed. The amount depends on the severity and duration of the disrepair, the impact on your health and daily life, and the landlord's response. Claims often settle in the range of £2,000–£10,000 for medium-severity cases.
Sources