What Is a Housing Disrepair Claim?

A housing disrepair claim is a legal process that allows tenants to take action when their rented home falls into serious disrepair and their landlord fails to carry out necessary repairs. 

For a claim to succeed, two key elements must be proven: 

1. You are living in a council or social housing property that is genuinely in disrepair, verified by an independent surveyor’s report. 
2. You have reported these issues to your landlord, but they’ve failed to take action, demonstrated by your complaint records or tenancy correspondence. 

If both of these conditions are met, you may be entitled to repairs and financial compensation for the inconvenience, distress, and loss of enjoyment caused by the poor living conditions.

Why Are Housing Disrepair Claims on the Rise? 

Local authorities across the UK are facing huge financial pressures. Councils are predicted to face a £4 billion funding shortfall by 2026–27, and many have been forced to reduce or delay maintenance services. Councils in the most deprived areas of England have faced an average cut of around 35% in overall core funding per person and this has directly affected social housing tenants living in disrepair. 

These funding challenges have led to a backlog of issues and rise in tenant complaints which explains the high volume of disrepair claims over the most recent years. The number of housing disrepair cases since 2017 has increased by 132%.  

As a result, thousands of tenants, often the most vulnerable, are left living with damp, mould, leaks, unsafe electrics, and infestations for months or even years.

Who Is Most Affected?

It is the most vulnerable adults and children that are hit the hardest. Some councils have inefficient complaint handling processes that can wear down already vulnerable tenants, and a lack of proper record-keeping which also contributes to delays in responding to repair requests, as well as underfunded maintenance services.

Elderly people, families, and those suffering with disabilities/mental health conditions can be made to live in properties with water ingress, damp and mould and even rodent infestations for long periods of time despite reporting these issues to their landlord. It causes tenants to feel ignored and unheard and can cause a loss of inconvenience, enjoyment of the property and distress from having to endure such poor living conditions.

Common Questions About Housing Disrepair Claims

1. How does the claim process work?

We start by arranging an independent survey to confirm the extent of the disrepair. Then we gather evidence that you’ve reported these issues to your landlord and they’ve failed to respond. Once the evidence is clear, we send a formal Letter of Claim to your landlord. Some cases settle within three to six months, although timescales vary depending on how the landlord responds. 

2. Can my landlord evict me for making a claim?

No, your landlord cannot lawfully evict you just because you bring a disrepair claim. You are exercising your legal right to live in a safe, habitable home. At Emerald Law, we have never experienced this to be an issue, and this is nothing to be concerned about. As a tenant living in disrepair, you are entitled and within your right to pursue a legal claim due to the inconveniences you have suffered. 

3. How long will it take to resolve my case?

Every case is unique. Some landlords cooperate quickly; others delay or defend claims. Some cases settle in a few months, while more complex matters can take longer.

We’ll always be honest about expected timescales and keep you updated every step of the way.

Common Misunderstandings About Settlements

A frequent misconception is that once a settlement is reached, the case is over. By obtaining a settlement, this becomes a legally binding contract. Therefore, your landlord must complete the works as part of the agreement, in the agreed amount of time. The works are not optional, and the landlord is obligated to complete them. Failure to complete them will result in the Landlord being in breach of contract.  

At Emerald Law, we keep our client’s case open up until the works are completed, and the client is happy with the works. Our work is not done just because the claim has settled. If the landlord does not complete the agreed works in the agreed timeframe, we will enforce the terms of the agreement and will seek further compensation, we will hold the landlord accountable and ensure that works at the property are completed as agreed. 

Practical Advice for Tenants Living in Disrepair 

If you’re experiencing disrepair, you can strengthen your case by: 

• Taking lots of photos and videos of the affected areas over time. 
• Reporting all health concerns related to your living conditions to your GP. 
• Escalating complaints using your landlord’s formal complaints procedure. 
• Keeping a paper trail of emails, letters and call logs showing your attempts to get repairs done. 

Tip: The more evidence you collect, the easier it is for us to prove your case and secure swift repairs and compensation. 

How Emerald Law Solicitors Helps Tenants 

At Emerald Law Solicitors, our team specialises in housing disrepair litigation. We act decisively to hold landlords accountable and achieve the best outcome for our clients. 

Here’s what makes our approach effective: 

• Specialist litigation expertise: Our experienced housing solicitors stay up to date with the latest case law and legal developments. 
• Barrister collaboration: We work directly with leading barristers’ chambers who provide tailored advice for complex cases, at no extra cost to our clients. 
• Dedicated enforcement team: Once a settlement is reached, our in-house enforcement team ensures landlords carry out all agreed works. 

We never stop at settlement; we ensure results are delivered.

Recent Legal Developments Tenants Should Know 

Awaab’s Law (Effective October 2025) 

This new legislation sets strict timeframes for social landlords to fix health hazards such as damp and mould. 

• Emergency repairs: must be investigated and started within 24 hours. 
• Non-emergency repairs: must begin within 15 working days. 

Failure to comply gives tenants clear grounds to complain or take legal action. 

Find out more about Awaab’s Law here. 

Dezitter v Hammersmith and Fulham 

Although non-binding, this case has sparked debate about whether tenants can recover up to 100% of rent where a property is deemed unfit for human habitation. Emerald Law recently relied on similar arguments to secure a £12,000 settlement for one tenant, a strong example of how we push boundaries to protect our clients’ rights. 

Take Action Today 

If your landlord has ignored your repair requests or left you living in unsafe conditions, you don’t have to suffer in silence. Our expert team can assess your situation quickly and tell you if you have a valid claim. We work on a no win, no fee basis, which means you only pay if you win. 

We’ll handle every step of your claim, keep you informed, and fight to make your landlord do what’s right. 

Start your housing disrepair claim today. Call Emerald Law Solicitors on 0151 229 1170, or click the button below to arrange a free initial consultation.