What is disrepair?

Disrepair refers to the deterioration of a rental property where the landlord has failed to maintain it in the condition required by law. This includes structural defects, broken installations, damp, and any other failure covered by Section 11 of the Landlord and Tenant Act 1985.

Disrepair is different from general fair wear and tear or tenant-caused damage. It's specifically about the landlord failing to meet their Section 11 repair obligations after being made aware of the problem. If your boiler breaks, your roof leaks, or your windows don't seal properly, and you've reported it but the landlord hasn't fixed it, the property is in disrepair.

You have several routes to address disrepair. You can report it to the local council's environmental health team for an HHSRS inspection, which can lead to an improvement notice. You can take direct legal action under the fitness for human habitation legislation. You can also pursue a claim for damages through the county court for the inconvenience, loss of amenity, and any health impact caused by the disrepair. In some cases, you can use the right of set-off to arrange repairs yourself and deduct the cost from rent.

The key to any disrepair claim is evidence. Report every issue in writing, keep copies of all correspondence, photograph the problem, and note how long the landlord takes to respond.

Frequently asked questions

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How long does my landlord have to carry out repairs?

The law requires repairs within a "reasonable" timeframe, which depends on the severity. A broken boiler in winter is urgent and should be fixed within days. A minor dripping tap might reasonably take a few weeks. If your landlord is unreasonably slow, report it to the council.
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Can I claim compensation for disrepair?

Yes, you can claim damages through the county court for the loss of amenity, inconvenience, and any health impact caused by the landlord's failure to repair. Legal aid may be available depending on your circumstances.
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Should I stop paying rent if the property is in disrepair?

Withholding rent is risky and generally not recommended. It can give the landlord grounds to pursue rent arrears. The safer routes are reporting to the council, using the Homes (Fitness for Human Habitation) Act, or the right of set-off for repairs you've carried out yourself after proper notice.
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