A simple guide to housing disrepair and standards

Every tenant has the right to live in a safe, well-maintained home. At the same time, landlords have a legal duty to keep their properties in good condition. When repairs are delayed or disputes arise, it can lead to what’s known as a “disrepair claim.”

This guide explains what counts as disrepair, who is responsible for what, and how problems can be resolved fairly.

What Counts as Disrepair?

“Disrepair” means damage or faults in a rented property that the landlord is legally responsible for fixing. Common examples include:

• Leaks, damp or mould
• Broken heating or hot water systems
• Unsafe gas or electrical installation
• Structural problems (roof, walls, windows, drains)
• Infestations caused by property defects (e.g. rats entering through gaps)

Normal wear and tear (like scuffed paintwork or worn carpets) does not usually count as disrepair

Landlord Responsibilities

By law, landlords must:

• Keep the structure and exterior of the property in repair (roof, walls, drains, windows, doors)
• Maintain heating, hot water, gas, electricity, and water systems
• Ensure the property is safe and free from serious hazards
• Follow health and safety rules for fire, gas, and electrical safety

Tenant’s Responsibilities

Tenant’s are expected to:

• Report problems promptly (ideally in writing)
• Take reasonable care of the property (e.g. ventilating to avoid condensation)
• Carry out small, everyday jobs such as changing light bulbs or fuses
• Avoid causing damage themselves or through their guests
• Allow their landlord access to carry out inspections and/or repairs

Making a Repair Request

1. Keep a copy of your message and take dated photos if possible
2. Report the issue to your landlord or agent in writing
3. Give the landlord reasonable time to respond (usually 14–28 days depending on urgency).

If repairs are not carried out within a reasonable time frame, tenants can:

• Contact the local council’s Environmental Health team
• Use the landlord’s complaints procedure
• As a last resort, consider a disrepair claim through the courts

Compensation for Disrepair

If a landlord fails to carry out repairs, tenants may be entitled to:

• A rent reduction or refund (known as “abatement”)
• Compensation for inconvenience, ill health, or damage to belongings
• Reimbursement of repair costs (if the tenant paid for urgent works).

Common Disputes

• Damp vs Condensation: Landlords are usually liable if damp is due to structural issues, but not if it’s caused by poor ventilation
• Access Problems: Landlords must give at least 24 hours’ notice before entering for repairs. Tenants must allow reasonable access
• Delayed Repairs: Landlords should act more quickly where health and safety is at risk (e.g. no heating in winter, gas leaks, severe leaks).

Key Tip for landlords and tenants: always keep a clear record of communications and evidence of the condition of the property (time stamped photographs, letters, emails, and notes of phone calls) Evidence is crucial if the matter escalates.