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Equitas Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority. SRA number 459787. We are a law firm, not a claims management company.

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Housing disrepair claims: your questions answered

Straight answers to what tenants ask us most. This is general information, not legal advice for your situation.

  • Costs, evidence and time limits
  • Worries about eviction and rent arrears
  • Council, housing association and private tenants

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Step 1 of 4

Who is your landlord?

See our privacy policy. Free, no obligation.

Thanks. We've got your details. A member of our team will call you within 1 hour during office hours (9am to 5pm, Monday to Friday, not bank holidays). Outside those hours we'll call you on the next working day, in the morning. Between 5pm and 10pm on a working day you can also message us on WhatsApp and we'll reply within 1 hour.

Can I claim?

Can I claim if my landlord is the council or a housing association?

Yes. Council, housing association and private tenants in England can claim if the landlord was told about the problem and did not fix it within a reasonable time.

Do I have to still live in the property?

No. You may be able to claim for the time you lived with the problem after you reported it. Time limits apply, so speak to us as soon as you can.

Can I claim if I am behind on rent?

Possibly. Arrears do not automatically stop a claim, but they can affect it. Do not withhold rent without taking advice first, because that can put your tenancy at risk.

Will my landlord evict me for making a claim?

Your landlord should not punish you for reporting repairs or making a claim. Protections depend on your type of tenancy and recent changes in the law, so tell us your tenancy type and we will explain where you stand.

My landlord says the damp is my fault. What now?

That is a common reply, but it is not automatically true. The cause can be a defect, poor ventilation, missing insulation or inadequate heating. Evidence and, where needed, an expert report show what is really causing it.

The repairs were done but the problem came back. Can I still claim?

You may be able to, particularly if the cause was never fixed and you reported it more than once.

Do I have to report the problem to my landlord first?

Yes. Your landlord needs to know about the problem and have a fair chance to fix it. Report it in writing and keep a copy.

Costs and money

Do I have to pay anything to start?

No. The online check and our first call are free, and nothing is payable to start a claim. Read how our fees work for the full detail.

What if my claim does not succeed?

If your claim does not succeed and you have kept to your agreement with us, you do not pay our charges, and your insurance is designed to cover the other side's costs and certain expenses. Cover can be lost in some situations, which our fees guide explains.

How much compensation could I get?

It depends on how serious the problem is, how long it went unfixed, how it affected you and what it damaged. We cannot promise an amount before we have reviewed your case. See our compensation guide.

How much does the insurance cost?

A flat £425 plus Insurance Premium Tax, which is £476.00 in total at the current 12% rate. It is only payable if you win, and it is taken from your compensation.

Evidence and process

What evidence do I need?

Dated photos and videos, proof that you told your landlord, notes of missed appointments, and any medical or cost records. You do not need everything to start. See our evidence guide.

Do I need an expert report?

Not to start. If one is needed, we arrange it and explain it to you first.

How long does a claim take?

Straightforward claims can be resolved within months. Others take longer, depending on how your landlord responds and whether surveys or court steps are needed.

Will my claim go to court?

Most claims settle without a hearing, after a formal letter to the landlord and the pre-action process. If your landlord will not settle, we explain your options.

The law

What are my landlord's repair duties?

Under section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure and exterior in repair, along with the installations for water, gas, electricity, sanitation, heating and hot water. The Homes (Fitness for Human Habitation) Act 2018 also requires homes in England to be fit to live in.

What is Awaab's Law?

It sets deadlines for social landlords in England to investigate and fix certain hazards, starting with damp and mould and emergency hazards, from October 2025. The exact timescales depend on the hazard.

Is there a time limit?

Usually six years, but how it runs depends on your situation, so do not wait.

Getting in touch

Can you speak to me in my language?

Tell us your preferred language on the enquiry form. We will do our best to arrange a call in that language or an interpreter, and we will tell you what we can offer when we phone.

Who will handle my claim?

Our own solicitors, from start to finish. We are a law firm regulated by the Solicitors Regulation Authority, not a claims management company, and we do not pass claims to other firms.

Ready to find out where you stand?

It takes about two minutes and there is no obligation. We are a law firm, not a claims management company.

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Common questions in full

Longer answers to the questions we are asked most.