Housing disrepair is a legal concept in landlord and tenant law that arises when a rented property falls into a state of poor repair that the landlord has a legal obligation to remedy and has failed to do so within a reasonable time after being informed. Understanding what constitutes disrepair, what obligations landlords have, and what tenants can do about it helps renters protect their housing rights.

Landlord Repair Obligations

Under section 11 of the Landlord and Tenant Act 1985, landlords of residential tenancies of less than seven years are legally required to keep in repair the structure and exterior of the dwelling, including walls, roof, windows, doors, drains, and gutters, and to keep in repair and proper working order the installations for the supply of water, gas, electricity, and sanitation, and the space and water heating installations.

These obligations are implied into the tenancy regardless of whether the tenancy agreement mentions them. They cannot be excluded or reduced by the tenancy agreement, and they apply from the moment the landlord is notified of the defect.

What Counts as Disrepair

Disrepair includes structural defects such as leaking roofs, rising or penetrating damp, failing plaster, broken windows, defective drainage, and failing heating systems. The property must have deteriorated from its previous condition or failed to meet the standard expected, rather than simply being in need of improvement or modernisation. Condensation damp caused entirely by the tenant's lifestyle and lack of ventilation is generally not the landlord's responsibility, whereas penetrating or rising damp caused by structural defects is.

The Pre-Action Protocol

Before bringing a housing disrepair claim, tenants are encouraged to follow the Pre-Action Protocol for Housing Conditions Claims. This involves writing to the landlord with a schedule of disrepair, giving them a reasonable time to inspect and carry out repairs, and seeking early resolution. If the landlord fails to act, the tenant may pursue a claim in the county court for an order requiring the repairs to be carried out and for damages for the inconvenience, discomfort, and any damage to possessions caused by the disrepair.

Summary

Housing disrepair arises when a landlord fails to repair structural or installation defects they are legally obliged to remedy after being notified by the tenant. The obligations are set out in the Landlord and Tenant Act 1985 and cannot be contracted out. Tenants can seek court orders for repairs and compensation. Social housing tenants can also use the Housing Ombudsman Service for resolution without court action.