When moving into a rental property, you may expect to find a few minor wear-and-tear issues. However, serious disrepair that affects your health, safety, or quality of life is not acceptable.
Typical examples of housing disrepair include damp and mould, leaks, unsafe gas or electrics, broken heating or hot water, pests getting in because of structural gaps, or windows and doors that do not lock properly. If you are a tenant dealing with any of these issues, and your health, safety, or mental wellbeing is being affected, you have rights, and your landlord (private, council, or housing association) has clear legal obligations to maintain safe living conditions.
At Berlad Graham, we often help tenants deal with housing disrepair issues. Whether through negotiation, formal complaints, or court action where needed, we provide clear, straightforward guidance on making a housing disrepair claim.
In this blog, our dispute resolution team answers some frequently asked questions about tenant rights and making a housing disrepair claim.
What Counts as “Disrepair” in Residential Rental Properties?
Disrepair usually means the rental property has fallen below a legal standard because something is broken, unsafe, or has not been properly maintained.
For example, this can include:
- water leaks, damp, mould, or rotten windows
- faulty boilers, no heating, or unsafe gas appliances
- electrical hazards
- blocked drains or broken sanitation
- structural problems like loose tiles, cracked walls, or unsafe stairs
- infestation caused by the condition of the building
Poor housing conditions can significantly harm residents’ physical and mental health, with the effects sometimes having long-lasting and even fatal consequences. These issues can be especially dangerous for the elderly, young children, or those with existing health conditions, who are more vulnerable to the impact of housing disrepair.
What Are the Landlord’s Legal Responsibilities?
In England and Wales, landlords have several overlapping duties, with the main ones being:
- Repairs under the Landlord and Tenant Act 1985
Section 11 says landlords must keep in repair:
- the structure and exterior (walls, roof, gutters, windows, doors)
- installation for water, gas, electricity, and sanitation
- heating and hot water systems
This law requires that residential rented accommodation must be fit for human habitation, and for connected purposes, at the start of the tenancy and throughout. If disrepair issues such as severe damp, mould, cold, poor ventilation, or hazardous living conditions make it unfit for habitation, your landlord has a legal duty to act.
What is the Housing Health and Safety Rating System?
Introduced under the Housing Act 2004, the Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool used by local authorities in England and Wales to identify and protect against potential risks and hazards to health and safety arising from any deficiencies identified in dwellings. The HHSRS includes 29 categories of housing hazards, which can be assessed and rated as having category 1 (serious) or category 2 (other). Landlords can be forced to rectify issues where risks have been identified.
What is Your Responsibility as a Tenant?
Tenants are expected to take reasonable care of the property. That typically includes:
- ensuring it is kept clean and ventilated
- not causing any damage through misuse of the property
- reporting any problems or disrepair early
As a tenant, you are not responsible for fixing any structural issues or essential systems unless your tenancy agreement explicitly puts that responsibility on you. However, even if it were in your tenancy agreement, the law overrides any unfair terms.
Your rights and responsibilities may differ slightly depending on whether you are renting privately or living in a council housing or housing association property.
Find out more here:
Council housing – repairs and maintenance
Private tenants – your rights and responsibilities
What Should You Do If Your Rental Home Is in Disrepair?
- Report The Issues to Your Landlord in Writing
Tell your landlord or letting agent as soon as you notice an issue and ensure this is done in writing (email is fine). Be specific about what and where the issue is, take photos or videos, and include dates. Written and dated correspondence regarding the issue is vital, as landlords are usually only responsible once they know about the problem.
- Keep A Clear Record of Your Complaint
Save messages, emails, and any other correspondence with your landlord, and ensure they include details of how these problems are affecting you. This is especially important if you, your child, or another vulnerable person in your home is suffering physically or mentally as a result. Keep receipts of any additional costs because of these defects, such as:
- replacement of, or repairs to, belongings damaged by damp, mould, leaks, etc.
- extra heating costs because of issues such as:
- draughts in the building caused by gaps in windows or doors
- faulty or inefficient heating systems
If property disrepair issues are affecting your physical or mental wellbeing, ensure you keep a clear medical record, including letters from your doctor or other health professional, along with specific details of any medical treatment required.
- Give Your Landlord a Reasonable Time to Fix the Issue
Ensure you keep details (such as letters or emails) of your landlord’s response to your complaint and allow a reasonable time for the issue to be fixed. What is “reasonable” depends on the problem. For example, issues like no heating in winter or severe damp or mould are urgent matters that should be addressed within days. Less urgent issues, like a dripping tap, should be fixed but may take longer. However, emergencies like suspected gas leaks require immediate action. If your landlord fails to respond, delays or fails to repair the issue correctly, you should move your complaint to the next steps.
- Make an Official Complaint
If your landlord fails to act, the problem remains unresolved, or the disrepair issue gets worse due to inaction, you can escalate your complaint to your local council. For example, contact your local council’s Environmental Health department for health and safety issues such as faulty wiring, heating, damp, or mould. You can also make a complaint to the Ombudsman.
- Housing association tenants can complain via their council’s internal process, or to the Housing Ombudsman Service if issues persist.
- Private tenants can complain to the Property Ombudsman or try to resolve the issue through the Property Redress Scheme.
- Seek Professional Legal Advice
If the issue of disrepair is serious, remains unresolved, or is affecting your health, consider taking legal advice about making a housing disrepair claim. At Berlad Graham, our dispute resolution team can provide specialist, straightforward advice about bringing a claim against your private, council, or housing association landlord, along with your chances of a successful compensation claim. Often, a formal letter from a solicitor can prompt a faster response and resolve the issue quickly. If the landlord still fails to act, we can advise you of the next steps in resolving a dispute:
- We will ensure you have attempted to resolve the issue with your landlord through some form of alternative dispute resolution (ADR). For example, via mediation, making a formal complaint, or going through the relevant Ombudsman.
- In cases where ADR is unsuccessful, we can provide guidance on taking your landlord to court.
We will help you exhaust all ADR options before taking the matter to court, as this process can be lengthy, costly, and extremely stressful. However, in cases where going to court is necessary, our highly experienced team has the specialist industry knowledge and expertise to assist you.
Can I Withhold Rent If My Landlord Doesn’t Fix the Issue?
We often get asked this question. Our response is always: be careful and follow the correct procedures.
Withholding rent without following the correct procedures, or without professional legal advice, can put you in breach of your tenancy agreement and risk eviction. There are legal routes where costs can be offset in certain situations, but there are strict procedures that must be followed. Before making any significant decisions, always seek professional advice from specialists in landlord and tenant disputes, like our team at Berlad Graham.
Can My Landlord Evict Me for Making a Housing Disrepair Complaint?
One of the biggest concerns for tenants dealing with a housing disrepair issue is that complaining about a problem will lead to a no-fault eviction.
However, the law already gives some protection against “retaliatory eviction”, including in situations where you report a disrepair. Furthermore, the Renters’ Rights Act 2025 has now been passed, which abolishes Section 21 no-fault evictions from 1 May 2026. When fully in force, landlords will need a valid legal reason to evict under Section 8, and the Act strengthens standards in the private rented sector. For more information, read the guidance on Gov.uk: ‘Guide to the Renters’ Rights Act’.
Housing Disrepair Solicitors Uxbridge
Many tenants continue to suffer with disrepair issues longer than they should, mainly because they feel uncertain about how to handle the situation correctly.
You do not have to deal with it on your own. At Berlad Graham, our dispute resolution solicitors in Uxbridge can help you:
- review your case and help you understand where you stand legally
- gather the proper evidence to support your claim
- communicate firmly with your landlord or letting agent
- use appropriate negotiation or other ADR methods where that makes sense
- take court action if needed
If your home is unsafe or not being properly repaired by your landlord, we understand how distressing this can be. We can provide clear, straightforward advice about your next options, guiding you through every step. You can contact our team today by calling 0330 175 5655 or via email at info@bglaw.co.uk.
