Homes (Fitness for Human Habitation) Act 2018

Private landlord disrepair — your rights and how to claim

If your private landlord has ignored damp, mould, heating failure, structural problems or other disrepair, you have strong legal rights under the Homes (Fitness for Human Habitation) Act 2018 and the Landlord and Tenant Act 1985. You can claim both compensation and a court order for repairs.

Your rights
When can private tenants claim for disrepair?
You can claim compensation calculated as a rent reduction for the period the disrepair persisted, plus damages for damaged belongings and health impacts. A court order requiring repairs is also available. The key condition: you must have reported the issue in writing and the landlord must have failed to act within a reasonable time.
🏠 All private tenancies✓ Homes (Fitness) Act 2018✓ No win, no fee

Laws protecting private tenants from disrepair

Section 11, Landlord & Tenant Act 1985

Requires landlords to maintain the structure and exterior, and all installations for water, gas, electricity, heating and sanitation. Applies to all tenancies under 7 years. Landlords cannot contract out of this duty.

Homes (Fitness for Human Habitation) Act 2018

Requires all rented properties to be fit to live in throughout the tenancy. Covers 29 hazard categories including damp, cold, structural instability and fire risk. Tenants can sue landlords directly for breach.

Retaliatory eviction protection

Under the Deregulation Act 2015, a Section 21 notice issued within 6 months of a formal Environmental Health complaint is invalid. Complaining about disrepair is legally protected.

Environmental Health enforcement

Your local council can inspect under HHSRS and issue enforcement notices. For Category 1 hazards (the most serious), councils can require immediate remediation and in urgent cases carry out works and bill the landlord.

How much can you claim from a private landlord?

SeverityExampleRent reduction
Minor cosmetic disrepairSmall damp patch, broken window handle10–20%
Moderate disrepairWidespread mould, partial heating failure20–40%
Severe disrepairStructural, no heating, health impact40–60%

Add special damages for any belongings damaged and a health uplift if anyone in the household suffered a medical condition linked to the disrepair.

The claim process step by step

1

Report in writing today

Email, WhatsApp or letter. If you have only reported verbally, send a written follow-up immediately. The landlord’s “reasonable time to repair” starts from your written notification.

2

Photograph everything

Timestamped photos taken on your phone create an automatic record. Wide shots and close-ups. Photograph regularly to document deterioration over time.

3

Consult a no-win, no-fee disrepair solicitor

A formal Letter of Claim from a solicitor typically prompts action from landlords who want to avoid court. Most private landlord cases settle within 3–9 months.

Frequently asked questions

Can I withhold rent due to disrepair?+
Generally no. Withholding rent creates arrears which can lead to eviction. The correct approach is to pay rent and pursue compensation through a solicitor or court. Consult a housing solicitor before taking any rent-related action.
My landlord says the damp is caused by my condensation — is that valid?+
It may be a partial defence, but courts look at whether the property has adequate ventilation, insulation and heating. If it does not, the structural conditions are the landlord’s responsibility. A surveyor’s report can establish the cause.
Can I claim if my tenancy has ended?+
Yes. A disrepair claim relates to the period during which you lived in the property. You can bring a claim up to 6 years after the tenancy ended, provided you have evidence of the disrepair and notifications.
Disclaimer: General information only, not legal advice. Consult a qualified specialist for your situation.