Question 1

What counts as housing disrepair?

Accepted Answer

Housing disrepair is a defect or unsafe condition that your landlord is legally responsible for fixing. Common examples include damp and mould caused by structural problems, leaking roofs or pipes, unsafe electrics, defective windows, pest entry points, and broken heating, hot water or sanitation.

Question 2

Can council, housing association and private tenants make a housing disrepair claim?

Accepted Answer

Council, housing association and private tenants may be able to claim when their landlord knew, or should reasonably have known, about actionable disrepair but failed to resolve it within a reasonable time. Eligibility depends on the tenancy, the landlord’s legal responsibility, the evidence and the circumstances of the case.

Question 3

Do I need to report the disrepair before making a claim?

Accepted Answer

You should normally report the problem to your landlord and allow a reasonable opportunity to investigate and repair it before starting a housing disrepair claim. Written reports are especially useful because they help establish when the landlord received notice, what was reported and how the landlord responded.

Question 4

Should I continue paying rent while repairs are outstanding?

Accepted Answer

Yes. You should normally continue paying your full rent while waiting for repairs, even if you believe your landlord has breached their responsibilities. Withholding rent can create arrears and place your tenancy at risk, so obtain specific legal advice before making deductions or arranging repairs yourself.

Question 5

What repair responsibilities does my landlord have?

Accepted Answer

Landlord responsibilities commonly include keeping the property’s structure and exterior in repair and maintaining installations for water, gas, electricity, sanitation, space heating and hot water. A rented home must also remain fit for human habitation, although responsibility depends on the defect’s cause and the tenancy circumstances.

Question 6

How long does a landlord have to fix damp, mould or other disrepair?

Accepted Answer

There is no single repair deadline covering every housing disrepair problem. A landlord should respond within a reasonable time after receiving notice, considering the hazard’s urgency, the occupants’ vulnerability, the work required and access. Emergency risks should be addressed much faster than minor non-urgent repairs.

Question 7

How much compensation could I receive for housing disrepair?

Accepted Answer

Housing disrepair compensation has no fixed standard amount. It may reflect the seriousness and duration of the conditions, rooms or facilities affected, inconvenience, damaged belongings, additional expenses and any proven injury. Damp and mould compensation therefore varies significantly and cannot be estimated accurately without reviewing the evidence.

Question 8

Can I make a housing disrepair claim on a No Win No Fee basis?

Accepted Answer

A Conditional Fee Agreement may be available after an individual assessment. If the claim succeeds, the agreement may require a success fee, unrecovered costs, disbursements and an insurance premium to be paid or deducted from compensation. If the claim fails, costs may still arise in some circumstances. The written terms must be explained before signing.