Disrepair despair: Get legal help for your housing struggles

After more than a decade of aggressive cuts, sky-rocketing rents, sharply declining wages and a severe shortage of social housing, the conditions of UK homes are beyond dire.

People across the country are contending with issues like dampness, mould, leaking roofs, faulty plumbing, inadequate heating systems, structural issues and pest infestations.

According to housing charity Shelter, in 2019 more than 280,000 people were living in homes in England with category-one hazards (the most severe type). This will only have worsened during the cost of living crisis – when many people could no longer afford to adequately heat their homes.

Housing disrepairs like these can have serious implications for the health and well-being of tenants. There have been several high-profile deaths, including of young children, due to respiratory illnesses exacerbated by terrible conditions in social housing.

Private and social landlords, whether local authorities or housing associations, have a responsibility to their tenants to maintain adequate living conditions. Yet we frequently hear from people at their wit’s end with substandard conditions due to neglect.

The process of complaining can be time-consuming and costly – as well as putting tenants at risk of eviction. But there is legal recourse and assistance for private and social housing tenants.

What protections exist?

As outlined in the Landlord and Tenant Act 1985 (Section 11) and the Homes (Fitness for Human Habitation) Act 2018, landlords have a legal responsibility to ensure that the properties they let are in a good state of repair and fit for human habitation.

Any landlord who owns and manages properties for private or social housing tenants must promptly address any problems when a disrepair issue is reported.

However, we know that when disputes arise between tenants and landlords, things can get unpleasant quickly.

It is common for a complaint about housing disrepair to lead to repossession claims – where the landlord seeks to regain possession of the property due to rent arrears or other alleged breaches of the tenancy agreement.

The fact that disputes over housing disrepairs can feel weighted in the landlord’s favour means many people are living in unliveable conditions.

Housing Disrepair complaints

Social housing tenants are completely reliant on their private landlords to improve or fix problems. Unfortunately, many landlords drag their feet or entirely shirk their responsibilities.

In cases where landlords fail to address and fix structural or maintenance issues within a rented property, negatively affecting the tenant’s living conditions, tenants have the right to pursue housing disrepair complaints and claims against their landlords.

If successful, not only would you have necessary repairs made, but you would be compensated for financial losses, property damage or any health issues that have occurred due to disrepair.

Our free guide gives detailed information on the process of raising a dispute yourself, and getting the help of your local councillor or the Housing Ombudsman.

Download our free guide

Housing Disrepair claims

While there is a free complaints process for housing disrepair, we know that this can end up being time-consuming – as well as costly, if you do end up in court. For working people with families in particular, this means that, despite legislation, it can feel impossible to pursue a complaint against your landlord.

Tenants can also seek compensation for the physical and financial impact of disrepair through court action. Claiming, rather than just complaining or going to court by yourself, will save you time and energy and you should be protected from legal costs later on – paying a fee only if you are awarded compensation.

If you’ve experienced financial losses, health issues or property damage due to disrepairs in your home, our recommended provider of legal assistance, Home Rescue, could pursue a housing claim on your behalf. They have a great record: on average they recover £7,400 of legal costs – and the average damages awarded is £5,300.

Whether you have a private landlord or live in social housing provided by the council or a housing association, if where you’re currently living feels unliveable because your landlord has failed to address structural or maintenance issues, you should consider taking action to get repairs done and get compensation for harm and losses.