How to Make a Housing Disrepair Claim if You Live in Council Housing

If you live in council housing, your landlord is responsible for keeping the property safe, fit to live in and in a reasonable state of repair. This includes dealing with problems such as persistent damp and mould, leaking pipes, faulty heating, unsafe electrics and structural defects.

When you report a problem, the council should investigate it and arrange appropriate repairs within a reasonable period. For certain serious hazards, including emergencies and dangerous damp and mould, strict legal time limits may apply under Awaab’s Law.

If you have reported the disrepair but your council has failed to carry out the necessary work, completed an inadequate repair or allowed the problem to return, you may be able to make a housing disrepair claim. A claim may require the landlord to complete the repairs and, where appropriate, pay compensation for the effect the conditions have had on you.

At ASL Solicitors, we specialise in housing disrepair claims against councils and public or registered housing associations. We do not deal with claims against private landlords. We are based in Rochdale and support eligible tenants in Rochdale, Manchester and surrounding areas. You can get in touch with us about a potential housing disrepair claim.

Important: This guide explains the law and claims process in England as at 3 August 2026. Different rules apply in Wales, Scotland and Northern Ireland. You can view the sources and legal references used in this guide.

What is a council housing disrepair claim?

A council housing disrepair claim is a legal claim made when a local authority has failed to meet its obligations to repair and maintain a rented home.

It is not enough for a property to be old, dated or in need of cosmetic improvement. The problem must normally involve something the landlord is legally or contractually responsible for, such as the building’s structure, exterior, plumbing, sanitation, heating or electrical installations.

In most cases, the council must also have known, or reasonably have been expected to know, about the problem and then failed to deal with it properly. This is why reporting the disrepair and keeping evidence of every report is so important.

What types of disrepair can you claim for?

Housing disrepair claims can involve one serious defect or several problems affecting different parts of the property. Common examples include:

• Damp, condensation or mould caused or worsened by building defects, leaks, poor ventilation or insufficient insulation
• Leaking roofs, pipes, toilets, baths, showers, drainage systems, gutters or water tanks
• Broken boilers, radiators, hot-water systems or other heating installations
• Unsafe electrical wiring, sockets, switches or lighting
• Cracked walls, unstable ceilings, damaged floors or other structural defects
• Rotten window frames, defective external doors or damaged external walls
• Sewage problems, blocked drains or defective sanitation facilities
• Unsafe stairs, bannisters, entrance doors, lighting or communal areas
• Pest infestations connected to holes, drainage defects or failures to maintain the building
• Fire-safety defects for which the council or housing association is responsible

A claim involving damp or mould will usually need to consider why the moisture is present. Mould may be connected to a leaking roof, defective guttering, penetrating damp, rising damp, inadequate ventilation or a heating system that is not working properly.

The council should investigate the underlying cause rather than repeatedly washing, painting or treating the visible mould without correcting the defect responsible for it.

What should you do before making a housing disrepair claim?

Taking the right steps can help you establish what happened, give the council an opportunity to put matters right and preserve evidence for a possible legal claim.

1. Report the disrepair to your council

Report the problem using the council’s official repairs service. Depending on the council, you may be able to do this by telephone, email, through an online account, using a mobile application or by calling an emergency repairs number.

Explain what the problem is, where it is located and when you first noticed it. You should also tell the council whether it is getting worse, whether it is affecting your health or safety and whether children, older people, disabled people or anyone with a relevant medical condition lives in the property.

Make it clear if there is an immediate danger, such as exposed electrical wiring, sewage entering the property, serious flooding, a suspected gas leak or a complete loss of heating during cold weather.

Ask for a repair reference number and keep it. Where possible, make the report in writing or follow up a telephone report by email so that you have a dated record.

You should report recurring problems again. Do not assume that an earlier report will remain open after an unsuccessful visit, a missed appointment or a temporary repair.

2. Allow reasonable access for inspections and repairs

Your tenancy agreement will normally require you to provide reasonable access for inspections and repairs. Keep a note of each appointment, including appointments that the council or its contractors missed.

Unreasonably refusing access could make it harder to bring a claim. However, you can ask for reasonable notice, request appointments at manageable times and explain any disability, vulnerability, communication need or safeguarding concern that affects access.

3. Photograph and record the problem

Take clear photographs and videos showing the disrepair. Continue taking photographs as the problem develops, particularly after heavy rain, a leak, a heating failure or the return of damp and mould.

Useful evidence can include:

• Dated photographs and videos showing the condition of the property
• Repair reference numbers, emails, letters, text messages and online repair records
• Copies of formal complaints and responses from the council
• A diary explaining when the problem occurred and how it affected your household
• Records of inspections, incomplete repairs and missed appointments
• Receipts for additional heating, cleaning, laundry, dehumidifiers or replacement belongings
• Photographs and proof of the value of damaged furniture, clothing, flooring or electrical items
• Medical records where the housing conditions have affected your health
• Statements from relatives, neighbours, support workers or other witnesses
• Your tenancy agreement and recent rent statements

Do not deliberately disturb asbestos, unsafe electrics, unstable ceilings or other potentially dangerous materials to obtain evidence.

4. Make a formal complaint

If ordinary repair reports have not resolved the problem, submit a formal complaint through the council’s published complaints procedure. Clearly state that you are making a formal complaint rather than submitting another routine repair request.

Your complaint should give your name, address and tenancy reference, followed by a clear description of the outstanding defects. Include the dates on which you reported the problems, any repair reference numbers and details of inspections, attempted repairs or missed appointments.

Explain how the conditions have affected your health, belongings and ability to use the property. You should also state what you want the council to do, such as carrying out an inspection, completing specific repairs, replacing damaged items or providing compensation.

Under the Housing Ombudsman’s statutory Complaint Handling Code, a landlord should normally acknowledge a stage-one complaint within five working days and provide its full response within ten working days. If the matter progresses to stage two, it should normally acknowledge the escalation within five working days and issue its final response within twenty working days.^[12]

Extensions are permitted in some circumstances, but the landlord should explain the reason and tell you when it expects to respond.

5. Ask for the complaint to be escalated

If the stage-one response does not resolve the matter, ask for the complaint to be escalated to stage two. Explain which parts of the response you disagree with, what remains outstanding and what outcome you are seeking.

Keep copies of both complaint responses. They can provide important evidence about what the council knew, whether it accepted that work was required and what it promised to do.

6. Consider contacting the Housing Ombudsman

Once you have completed the council’s internal complaints procedure, you may be able to refer the matter to the Housing Ombudsman. The Ombudsman can investigate complaints about council and housing association landlords and can order or recommend outcomes including repairs, apologies, compensation and changes to landlord procedures.

The Ombudsman process is free, but it is different from bringing a legal housing disrepair claim. Referring a complaint to the Ombudsman does not prevent you from obtaining legal advice, particularly where conditions are dangerous, your health is being affected or a legal deadline may be approaching.

7. Speak to a housing disrepair solicitor

A solicitor can assess whether your landlord has breached its legal duties, whether the evidence supports a claim and what further evidence may be needed.

The solicitor will usually need to confirm who owns and manages the property, which repairs were reported, how long the council has known about them and what inspections or repair attempts have already taken place.

You should explain how the conditions have affected you and your household, whether there are urgent health or safety risks and whether you have rent arrears, a repayment agreement or related possession proceedings.

At ASL Solicitors, we consider housing disrepair claims involving councils and public or registered housing associations. We do not support claims against private landlords. To ask us about your circumstances, contact our housing disrepair team.

What happens after a solicitor accepts your claim?

A Letter of Claim is sent

Most housing disrepair claims in England should follow the Pre-Action Protocol for Housing Conditions Claims before court proceedings are issued.^[1]

The protocol is intended to help the tenant and landlord exchange information, investigate the conditions, consider repairs and compensation, and try to resolve the dispute without unnecessary court proceedings.

A Letter of Claim will normally provide your details and the address of the property, together with the history of the disrepair and an explanation of when and how the defects were reported.

It may identify the legal duties that have allegedly been breached, describe the work required and explain how the conditions have affected you and your household. It can also include details of damaged belongings, additional financial losses, health problems and proposals for an independent expert inspection.

The landlord responds

Under the protocol, the landlord should normally respond to the Letter of Claim within twenty working days.^[1]

Its response should explain whether liability is admitted, disputed or partly admitted. The landlord should also provide relevant repair records, respond to the proposed work, give a timetable where repairs are accepted and address any request for compensation.

An expert may inspect the property

An independent surveyor may be instructed where expert evidence is reasonably required. The surveyor can identify the defects, consider their likely causes, recommend appropriate repairs and estimate the cost and timescale of the work.

The parties are encouraged to consider using a jointly instructed expert where appropriate. This can reduce duplication and help keep legal costs proportionate.

The claim may settle or go to court

Many claims are resolved through negotiation without a final court hearing. A settlement could include a binding schedule of repairs, deadlines for completing the work, compensation, payment of reasonable legal costs and an agreement concerning damaged belongings or other evidenced losses.

If the council disputes the claim or does not offer an acceptable resolution, court proceedings may be considered. The court can determine whether the landlord breached its duties and may award compensation or order it to complete the necessary work.

Court proceedings should normally be a last resort. Failure by either party to follow the Pre-Action Protocol may affect how the court deals with costs and case management.

What compensation can you receive for council housing disrepair?

There is no fixed compensation tariff for housing disrepair. The value of a claim depends on the facts, evidence and legal basis of the case.

Compensation may cover:

• Loss of use, discomfort and inconvenience: This may apply where the disrepair substantially interfered with your use and enjoyment of the home.
• Damage to belongings: You may be able to recover the reasonable value of items damaged because of leaks, damp, mould or another defect.
• Additional expenses: Reasonable costs caused by the disrepair may include extra heating, electricity, cleaning, laundry, travel or temporary accommodation.
• Personal injury: Compensation may be considered where the conditions caused or worsened a physical or psychological health problem.

Loss of use, discomfort and inconvenience

The amount awarded for loss of use will depend on how serious the conditions were, how long they continued after the landlord knew about them and which rooms or facilities were affected.

The court may consider whether part of the property became unusable, whether heating, hot water, washing or cooking facilities were unavailable, and whether children or vulnerable occupants were particularly affected.

Compensation for loss of amenity is often assessed with reference to the rent, but there is no automatic percentage that applies to every case.

Damage to belongings

You may be able to recover the reasonable value of belongings damaged because of the disrepair. Examples can include mould-damaged clothing, furniture, carpets, bedding or electrical items.

Keep photographs, receipts and evidence of the age and condition of each item. Compensation will not always equal the original purchase price because age, wear and replacement value may be considered.

Additional expenses

Reasonable expenses may be recoverable where they were caused by the disrepair. These could include additional heating, increased electricity usage, laundry, cleaning materials, temporary accommodation or travel costs.

You should keep receipts and take reasonable steps to limit unnecessary losses.

Personal injury

If the conditions caused or worsened a physical or psychological health problem, a separate personal injury element may be considered. Medical evidence will normally be needed to show the nature of the condition and whether it is connected to the disrepair.

Do not delay seeking medical assistance while waiting for a legal claim. Tell your GP or other healthcare professional about the conditions in the property so that the circumstances are accurately recorded.

How many housing disrepair claims are made against councils each year?

There is currently no single authoritative UK-wide dataset showing the total number of legal housing disrepair claims made against councils each year or the total damages paid in those claims.

The Ministry of Justice’s published civil justice statistics group claims into broad categories and do not separately identify council housing disrepair cases by landlord type.^[18]

In December 2025, the government launched a call for evidence that specifically asked landlords, tenants, solicitors and other organisations for information about the frequency, conduct and outcomes of housing disrepair claims.^[19]

Individual councils have published figures through Freedom of Information responses. These examples show that some local authorities receive hundreds of claims each year, but they should not be treated as a national estimate because housing stock, local conditions and recording methods vary.

Wigan Council housing disrepair claims

Wigan Council reported the following claim and damages figures:^[16]

 

These figures relate to one local authority. They also show the amount paid to claimants separately from the substantially higher legal costs reported in the same response.

Camden Council housing disrepair claims

Camden Council reported receiving 734 housing disrepair claims across two financial years. This included 369 claims in 2022/23 and 365 claims in 2023/24.^[17]

Housing Ombudsman complaints and compensation

Housing Ombudsman figures provide broader evidence about problems across social housing, although Ombudsman complaints are not the same as legal court claims and the data covers both councils and housing associations.

In 2024/25, the Housing Ombudsman recorded 7,082 determinations. Repairs complaints increased by 43 per cent and 71 per cent of the cases determined were upheld.^[14]

The Ombudsman’s 2024/25 reporting also recorded £5.4 million in compensation ordered or recommended across its work. A separate report stated that £3.4 million had been ordered in compensation for poor living conditions during that year.^[15]

These figures demonstrate the scale of housing condition complaints, but they should not be presented as the number or value of court claims against councils.

Which laws apply to council housing disrepair claims?

A housing disrepair claim may rely on several overlapping laws, tenancy obligations and regulatory requirements. The most important provisions in England are explained below.

Section 11 of the Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 implies repairing obligations into most residential tenancies.^[2]

It generally requires the landlord to keep the structure and exterior of the property in repair. This may include the roof, external walls, foundations, windows, external doors, drains, gutters and external pipes, depending on the circumstances.

The landlord must also keep installations for the supply of water, gas and electricity in repair and proper working order. Similar obligations apply to sanitation installations, including sinks, basins, baths and toilets, as well as installations used for heating rooms and water.

Liability will often depend on whether the landlord had notice of a defect and was given a reasonable opportunity to investigate and repair it. What is reasonable depends on factors such as urgency, danger, complexity, availability of parts and the needs of the household.

Sections 9A and 10 of the Landlord and Tenant Act 1985

The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985 by adding an obligation for landlords to ensure that rented homes are fit for human habitation at the start of the tenancy and remain fit throughout it.^[3]

When deciding whether a home is fit, the court can consider the property’s state of repair, stability, freedom from serious damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitation facilities.

The court can also consider whether there are suitable facilities for preparing and cooking food and whether the property contains hazards prescribed under housing legislation.

A property is not necessarily unfit merely because one minor defect exists. The question is whether the conditions are so defective that the property is not reasonably suitable for occupation in its condition.^[4]

Section 4 of the Defective Premises Act 1972

Section 4 of the Defective Premises Act 1972 can impose a duty of care where the landlord has an obligation, or a right, to maintain or repair the property.^[5]

The landlord must take reasonable care to protect people who could reasonably be expected to be affected by defects. This provision can be relevant where a known defect causes personal injury or damage to belongings.

The Housing Health and Safety Rating System

The Housing Health and Safety Rating System, commonly known as the HHSRS, is the statutory system used to assess housing hazards under the Housing Act 2004.^[6]

It considers 29 categories of hazard. These include damp and mould growth, excess cold or heat, electrical hazards, carbon monoxide, fire, falls, structural collapse, pest-related hygiene problems, defective drainage and inadequate sanitation.

The HHSRS is an assessment framework rather than a standalone compensation scheme. However, the presence and seriousness of a recognised hazard may be relevant to fitness for habitation, complaints, regulatory action and the evidence required in a disrepair claim.

Awaab’s Law

Awaab’s Law was introduced through the Social Housing (Regulation) Act 2023 and the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025.^[9][10]

The first phase came into force on 27 October 2025. As at 3 August 2026, it applies to emergency hazards and significant damp and mould hazards in social housing.^[7]

Emergency hazards must be investigated and made safe within 24 hours. Potentially significant damp or mould hazards must generally be investigated within ten working days, and the tenant must receive a written summary within three working days after the investigation is completed.

Where relevant safety work is required, it must normally be completed within five working days after the investigation. If additional preventative work cannot be completed within that period, the landlord must take steps to begin it within five working days.

Where a permitted exception applies, physical supplementary work must begin within twelve weeks and be completed within a reasonable period. If the home cannot be made safe within the relevant deadline, the landlord may be required to offer suitable alternative accommodation.

Emergency hazards can include serious risks such as major electrical faults, gas leaks, significant flooding, dangerous structural problems, sewage entering the home or a complete loss of essential services where this presents an immediate danger.

The second phase of Awaab’s Law is due to come into force on 30 November 2026. It is expected to extend the requirements to additional hazards, including excess cold or heat, fire and electrical hazards, falls, structural collapse, explosions and certain hygiene and food-safety hazards.^[8]

The phase-two rules are not yet in force as at 3 August 2026.

The Regulator of Social Housing’s Safety and Quality Standard

The Safety and Quality Standard requires registered social landlords to provide safe, good-quality homes and an effective, efficient and timely repairs service.^[11]

Landlords should make it easy for tenants to report problems, communicate clearly about repair timescales and keep tenants informed. A failure to meet a regulatory standard does not automatically determine the value of an individual compensation claim, but it may support a complaint or referral concerning wider landlord performance.

The Right to Repair Scheme

The Right to Repair Scheme applies to certain secure and introductory council tenants. It covers specified small, urgent repairs costing no more than £250.^[13]

If a qualifying repair is not completed within the prescribed time, you may be able to ask the council to appoint another contractor. Where both contractors miss the deadline, limited statutory compensation may be payable. This is a separate process from a full housing disrepair claim.

The Housing Conditions Pre-Action Protocol

The Pre-Action Protocol for Housing Conditions Claims sets out the steps tenants and landlords should follow before court proceedings are started in England.^[1]

It encourages early disclosure of documents, inspections, expert evidence where proportionate and attempts to agree repairs and compensation. Urgent cases may require a faster response, particularly where there is an immediate risk to health or safety.

The Limitation Act 1980

Legal claims are subject to time limits. A contractual housing disrepair claim will commonly have a six-year limitation period, while a personal injury claim will commonly have a three-year period.^[20]

The date from which time begins to run can be complicated, particularly where there are recurring defects, continuing breaches, children, protected parties or several different causes of action. Obtain legal advice promptly rather than waiting until the end of a possible limitation period.

How long does a council have to complete repairs?

There is no single deadline covering every type of council repair. The permitted time depends on the urgency, the legal duty involved, the council’s repairs policy and whether Awaab’s Law applies.

An immediate danger should be treated as an emergency. Less urgent defects must still be investigated and completed within a reasonable period. A delay that may be reasonable for a minor internal repair may be unacceptable for sewage, unsafe electrics, extensive mould or a complete loss of heating during cold weather.

A council’s internal target is not necessarily the final measure of its legal responsibility. A repair can still be unreasonably delayed even where the landlord has classified it as routine.

Can you make a claim if the council eventually completes the repair?

Potentially, yes. Completing the repair does not necessarily remove a claim for the period during which the council was in breach.

You may still be able to seek compensation for previous loss of use, inconvenience, damaged belongings, expenses or personal injury. The outcome will depend on when the council received notice, how long the defect remained, whether its response was reasonable and what evidence is available.

Can you make a claim if you have rent arrears?

Rent arrears do not automatically prevent a housing disrepair claim. However, the council may bring a counterclaim for unpaid rent or seek to set one amount off against another.

Continue paying your current rent unless a qualified adviser has specifically told you otherwise. Withholding rent without advice can create arrears and may put your tenancy at risk.

Tell your solicitor about any arrears, repayment agreement, possession notice or court proceedings at the beginning of the case.

Can the council blame you for damp and mould?

The cause of damp and mould should be properly investigated. Everyday activities such as cooking, washing and drying clothes create moisture, but landlords should not automatically assume that the tenant’s lifestyle is the sole cause.

The council should consider whether the property has adequate ventilation, insulation and heating, and whether there are leaks, cold bridges, penetrating damp or other defects.

You should follow reasonable advice, use available ventilation and heating where affordable, avoid blocking vents and provide access for inspections. Keep evidence if the council repeatedly treats the surface without addressing the underlying cause.

Can you claim for repairs in communal areas?

A claim may include communal areas where the council or housing association is responsible for maintaining them. Examples could include unsafe communal stairs, leaking shared roofs, defective entrance doors, dangerous lighting or water entering through common parts.

The precise responsibility will depend on your tenancy agreement, the nature of the building and the relevant statutory duty.

Can you receive legal aid for housing disrepair?

Legal aid may be available for certain serious housing disrepair cases where the conditions create a serious risk of harm to the health or safety of the tenant or a member of their household. Financial eligibility, the merits of the case and other legal aid rules will also apply.^[21]

A solicitor can explain the available funding options after assessing the case. Do not assume that a claim will automatically be free or that legal costs can always be recovered from the landlord.

Speak to ASL Solicitors about council housing disrepair

If you have repeatedly reported damp, mould, plumbing problems, leaks, heating failures or other serious defects and your social landlord has failed to resolve them, we can consider whether you may have grounds for a housing disrepair claim.

At ASL Solicitors, we specialise in claims against local authorities and public or registered housing associations. We do not deal with housing disrepair claims against private landlords.

We are based in Rochdale and support eligible tenants in Rochdale, Manchester and surrounding areas. To tell us about the condition of your property and the repairs you have already reported, get in touch with ASL Solicitors.

Frequently Asked Questions

Can I make a housing disrepair claim against my council?

You may be able to make a claim if the council is responsible for a defect, knew or should reasonably have known about it, and failed to complete an effective repair within a reasonable time. You will need evidence of the problem, your repair reports and the effect the conditions have had on you.

Can I claim against the council for damp and mould?

Yes, where the damp and mould is connected to defects or hazardous housing conditions for which the council is responsible. Examples include leaks, penetrating damp, defective guttering, inadequate ventilation, poor insulation or a broken heating system. The cause should normally be investigated rather than assumed.

How long does the council have to fix disrepair?

The deadline depends on the seriousness and type of repair. Emergency hazards covered by Awaab’s Law must be investigated and made safe within 24 hours. Significant damp and mould hazards must generally be investigated within ten working days, followed by specified safety and reporting deadlines. Other repairs must be completed within a reasonable period.

Do I need to report the problem before making a claim?

Usually, yes. The council will generally need notice of the defect and a reasonable opportunity to investigate and repair it. Report the problem through the official repairs service and keep the reference number, emails, photographs and appointment records.

Do I have to complain to the Housing Ombudsman before making a claim?

Not in every case. The Pre-Action Protocol encourages tenants and landlords to consider complaints and alternative dispute resolution, but urgent conditions, legal deadlines and serious health risks may require legal advice before an Ombudsman investigation is complete.

How much compensation can I receive for housing disrepair?

There is no fixed amount. Compensation depends on the severity and duration of the disrepair, which rooms or facilities were affected, the rent, the landlord’s response, damage to belongings, additional expenses and any medically supported injury.

Can I claim if the council has now completed the repair?

Potentially, yes. You may still have a claim for the period during which the council failed to meet its obligations, including compensation for inconvenience, loss of use, damaged belongings, expenses or injury.

Can I make a housing disrepair claim if I owe rent?

Rent arrears do not automatically prevent a claim, but the council may counterclaim for the arrears or set them off against compensation. Continue paying current rent and obtain advice about any arrears or possession proceedings.

Can I stop paying rent until the council repairs my home?

You should not withhold rent without specialist advice. Doing so can create arrears and may lead to possession action, even where genuine disrepair exists.

Can ASL Solicitors help with a claim against a private landlord?

No. At ASL Solicitors, we specialise in housing disrepair claims against councils and public or registered housing associations. We do not deal with claims against private landlords.

This article provides general information and does not constitute legal advice. The applicable law, evidence, time limits and possible outcome will depend on the facts of each case.