Housing Disrepair

Housing disrepair claims arise when a landlord fails to carry out repairs to a rented property, causing harm to the tenant. Under Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for keeping the structure, exterior, and essential installations (heating, water, gas, electricity) in proper repair.

The Homes (Fitness for Human Habitation) Act 2018 strengthened tenants' rights by requiring all rented homes to be fit for human habitation throughout the tenancy. This covers issues like severe damp and mould, pest infestations, inadequate heating, dangerous electrics, and structural defects.

Strong claims typically involve evidence that the landlord was notified of the disrepair (in writing), failed to act within a reasonable time, and the disrepair caused damage to the tenant's health or belongings. Medical evidence linking respiratory conditions or mental health issues to damp and mould is particularly powerful.

Compensation typically covers general damages for inconvenience and distress (£1,000 to £15,000 per year of disrepair), special damages for damaged belongings, and rent reduction. Severe cases involving significant health impact can reach £20,000 to £50,000 or more. The limitation period is 6 years for breach of contract.