Housing disrepair means a rented property that is in need of repair in order for it to be safe and suitable for tenants to live in.
If you are a tenant living in rented accommodation, your landlord is required by law to ensure:
In a house where repairs or works are needed, if the landlord fails to carry out the work within a reasonable amount of time after the issues are reported by you, then this could be considered housing disrepair.
The following lists some of the areas considered as housing disrepair, and which are therefore your landlord’s responsibility to fix.
Housing disrepair can include damp, mould, condensation, leaks, drainage, flooding (internal and external i.e. the garden), repointing of brickwork, missing or loose tiles, structural cracks, insect and vermin infestation, poor ventilation, boiler issues, no running or hot water or heating.
Housing disrepair responsibility falls to the landlord whether you’re a social tenant living in either a housing association or council-owned properties, or a private tenant with a private landlord.
Nobody should have to accept poor living conditions. The Homes (Fitness for Human Habitation Act) means that repairs are now contractual and any breach of contract allows the tenant to take legal action.
In the first instance, you should always notify your landlord of the issues in your property. If any maintenance or repair issues are needed, but are not, and result in your home becoming unsafe or inadequate to live in, then you could be eligible to make a claim.
As a tenant, there are often difficulties determining who is responsible for issues or repairs in your home. Generally, your tenancy agreement should outline what the tenant and the landlord are each responsible for maintaining and repairing. Sometimes it’s not as straightforward as being 100% landlord responsibility or 100% tenant duty to repair, maintain or pay.
To help make things easier for you, we’ve compiled the most common areas that we see confusion over. Visit our comprehensive disrepair guide to find out who is responsible for what. We offer free legal advice, whether you have a valid claim or not, so if you need a helping hand, get in touch.
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