How to Make a Successful Housing Disrepair Claim in 2025: A Step-by-Step Guide

Thousands of tenants across the UK are currently living in properties with serious disrepair — leaking roofs, damp walls, broken heating systems, dangerous electrical installations — and many of them do not know how to get their landlord to act. At Disrepair Claim Surveyors, we help tenants and their solicitors build strong, evidence-based housing disrepair claims every day. In this comprehensive guide, we walk you through every step of the process — from noticing a problem to receiving compensation — in plain, simple English.

A successful housing disrepair claim requires more than just a complaint. It requires documented evidence, a clear paper trail, compliance with legal protocols and — most importantly — a professional disrepair survey that proves the extent and cause of the disrepair. Let's go through the process from start to finish.

Disrepair Claim Surveyors: The Evidence You Need to Win

The single most important thing you can do when pursuing a housing disrepair claim is to commission a professional survey. Without technical, documented evidence of the disrepair, your claim rests entirely on your word against your landlord's. Our accredited surveyors will visit your property, carry out a thorough inspection using specialist equipment, and produce a comprehensive written report that your solicitor can use to build an unassailable case.

Our reports comply with the requirements of Part 35 of the Civil Procedure Rules and are accepted by courts, housing tribunals and the Housing Ombudsman Service. We work alongside housing disrepair solicitors across the UK.

What Counts as Housing Disrepair?

Before we get into the process, it is worth being clear about what housing disrepair actually means in legal terms. Under Section 11 of the Landlord and Tenant Act 1985, landlords of residential properties are required to keep in repair:

• The structure and exterior of the property — walls, roofs, floors, ceilings, windows, external doors, gutters, drains and external pipes
• Installations for the supply of water, gas and electricity
• Sanitation facilities — sinks, baths, basins and WCs
• Space heating and water heating installations — boilers, radiators, immersion heaters

The Homes (Fitness for Human Habitation) Act 2018 adds a further requirement that the property must be fit for human habitation at the start of and throughout the tenancy. This encompasses a wide range of hazards assessed under the Housing Health and Safety Rating System (HHSRS), including:

• Damp and mould growth
• Structural instability
• Excess cold (inadequate heating or insulation)
• Electrical hazards
• Crowding and space issues
• Personal hygiene, sanitation and drainage deficiencies

Step 1: Document the Disrepair Immediately

As soon as you notice a problem, start building your evidence base. Take dated photographs of every defect. Note the date you first noticed the problem. If the disrepair is causing health issues — for example, respiratory problems from mould, or cold-related illness — speak to your GP and keep records of any medical appointments or prescriptions.

Photograph:

• All visible damp patches, mould, cracks, damage or defects
• Any damage to your personal belongings caused by the disrepair
• The overall condition of the affected rooms
• Any temporary measures you have taken (buckets under leaks, etc.)

If possible, keep a brief diary or log of how the problem is affecting your daily life — inability to use a room, disrupted sleep, health symptoms, increased energy bills and so on. This evidence supports any claim for general damages (loss of amenity).

Step 2: Report the Disrepair to Your Landlord in Writing

This step is legally essential. A landlord cannot be held liable for disrepair until they have been notified and given a reasonable opportunity to carry out repairs. Always report disrepair in writing — an email is acceptable and creates a clear, dated record.

Your written notification should:

• Clearly describe the nature and location of each defect
• State when you first noticed the problem
• Explain how it is affecting your ability to use the property
• Request a written response within 14 days
• Request confirmation of when repair work will be carried out

Keep copies of all communications. If your landlord responds by telephone, follow up with an email summarising what was said: "Following our conversation today, I understand you have agreed to arrange for a plumber to attend by [date]."

If you have previously made verbal reports, note them in your written notification: "I first reported this issue verbally on [date] and again on [date]. As the problem has not been resolved, I am now formally notifying you in writing."

Step 3: Wait for a Reasonable Period

What counts as a "reasonable" period for repairs depends on the nature and urgency of the defect. The law does not specify exact timeframes, but general guidance is:

• Emergency repairs (burst pipes, complete heating failure in winter, dangerous electrical faults) — 24 to 48 hours
• Urgent repairs (leaking roof, broken windows, failed sanitation) — 5 to 7 working days
• Non-urgent repairs (damp and mould, cracked plaster, damaged flooring) — 28 days

If your landlord fails to respond within a reasonable period, or responds but fails to carry out the repairs, you should move to the next step.

Step 4: Commission a Professional Disrepair Survey

Now is the time to instruct Disrepair Claim Surveyors. A professional housing disrepair survey will give your claim a solid technical foundation. Our surveyors will:

• Carry out a full inspection of the property, inside and out
• Use moisture meters, thermal imaging cameras and hygrometers to identify and measure all defects
• Document every defect with photographs, measurements and technical descriptions
• Assess the impact of the disrepair on habitability and your health and wellbeing
• Produce a comprehensive written report identifying all defects, their likely causes, the appropriate remedial works and an estimate of reasonable repair costs

Our reports are prepared to the standard required by Part 35 CPR and can be used as expert witness evidence if your case proceeds to court. We are independent and impartial — our duty is to the court, not to any party — and this gives our reports enormous credibility.

Step 5: Instruct a Housing Disrepair Solicitor

Most housing disrepair solicitors operate on a No Win, No Fee conditional fee arrangement. This means you pay nothing if your claim is unsuccessful, and the solicitor's fees are recovered from the defendant landlord if you win. This makes housing disrepair claims accessible to tenants regardless of their financial circumstances.

When choosing a solicitor, look for:

• Specific experience in housing disrepair (not just general personal injury)
• A clear explanation of their fee arrangement
• Knowledge of the pre-action protocol and court procedures
• Good client reviews and a track record of successful cases

Your solicitor will review the survey report and other evidence, advise on the strength of your claim, and guide you through the remainder of the process.

Step 6: Follow the Pre-Action Protocol

Before any court proceedings can be issued in a housing conditions claim, both parties must comply with the Pre-Action Protocol for Housing Conditions Claims. This is a structured process designed to encourage early settlement without the need for court proceedings.

The key steps in the protocol are:

1. Letter of Claim — your solicitor sends a formal letter to the landlord setting out the details of the disrepair, the evidence obtained (including the survey report), and the remedies sought (repairs and/or compensation)
2. Landlord's Response — the landlord has 20 working days to respond, setting out their position on liability and the repairs they are willing to carry out
3. Joint Survey — if liability is disputed, the protocol provides for a joint inspection by surveyors instructed by each side, or the appointment of a single joint expert
4. Negotiation — the parties attempt to reach a settlement on both repairs and compensation

In our experience, a significant proportion of housing disrepair claims settle at the pre-action stage — particularly where the claimant has a strong survey report. Landlords and their insurers are usually pragmatic: if the evidence is clear and compelling, fighting the case in court is expensive and risky for them.

Step 7: Issuing Court Proceedings (If Necessary)

If the pre-action protocol process fails to achieve a settlement, your solicitor will issue proceedings in the county court. Housing disrepair cases are typically allocated to the small claims track (for lower value claims up to £10,000) or the fast track (for claims between £10,000 and £25,000). More complex cases involving significant personal injury or very high repair costs may be allocated to the multi-track.

At court, the judge will consider:

• Whether the disrepair exists and whether it falls within the landlord's repairing obligations
• Whether the landlord had notice of the disrepair and a reasonable time to carry out repairs
• The appropriate remedy — an order for repairs, damages, or both

The survey report from Disrepair Claim Surveyors will typically be the central piece of technical evidence before the court. Our surveyors are experienced in giving oral evidence as expert witnesses and in complying with the court's directions on expert evidence.

What Compensation Can You Claim?

A successful housing disrepair claim can result in several types of compensation:

General Damages (Loss of Amenity)

This is the main head of compensation in most housing disrepair cases. It reflects the loss of enjoyment and use of your home over the period of the disrepair. It is typically calculated as a percentage reduction in the rental value of the property for the affected period.

The percentage reduction depends on the severity of the disrepair and its impact on your use and enjoyment of the property:

• Minor disrepair — typically 10–25% reduction
• Moderate disrepair (significant damp, non-functioning facilities) — typically 25–40% reduction
• Severe disrepair (major structural issues, uninhabitable rooms) — typically 40–60% or more

Special Damages

These cover specific financial losses caused by the disrepair, including:

• Damaged belongings (clothes, furniture, electronics damaged by damp or leaks)
• Higher energy bills caused by failed heating or inadequate insulation
• Medical expenses related to health conditions caused or worsened by the disrepair
• Storage costs if you had to store belongings elsewhere
• Temporary accommodation costs if you had to move out temporarily

Personal Injury Damages

If the disrepair has caused or significantly worsened a physical health condition — such as respiratory disease, asthma, eczema, or psychological conditions caused by living in poor conditions — you may be entitled to personal injury damages in addition to property-related compensation. This element of a claim is usually supported by medical evidence.

Real Case Study: From Ignored Request to £7,500 Compensation

Daniel had rented a first-floor flat in Liverpool for three years. For the last eighteen months of his tenancy, he had been living with a failing roof that allowed rainwater to penetrate through the ceiling of his bedroom whenever it rained heavily. He had reported the problem to his letting agent five times by email and twice in person. Each time, the agent promised to arrange repairs — but no one ever came.

Daniel instructed a housing disrepair solicitor, who referred him to Disrepair Claim Surveyors. Our inspection identified extensive penetrating damp caused by missing and slipped roof tiles and failed lead flashings around a chimney stack. We also found significant mould growth in the bedroom and bathroom, which we assessed as posing a Category 2 HHSRS hazard.

Following receipt of the survey report, Daniel's solicitor sent a formal letter of claim under the pre-action protocol. The landlord's insurers appointed their own surveyor, who broadly agreed with our findings. The case settled at a round table meeting: the landlord agreed to carry out all repairs within 28 days, and Daniel received £7,500 in compensation — representing 35% of his rent over the eighteen-month affected period, plus £1,200 in special damages for damaged bedding and clothing.

How Long Does the Process Take?

The timeline for a housing disrepair claim depends on the complexity of the case and how quickly the landlord responds:

• Survey completed: typically within 1–2 weeks of instruction
• Letter of claim sent: shortly after the survey report is received by the solicitor
• Pre-action protocol period: 20 working days for the landlord to respond, plus time for negotiation — typically 2–4 months
• If proceedings are issued: county court timescales add a further 6–18 months

Cases with strong, well-documented evidence — particularly a clear and comprehensive disrepair survey — tend to settle faster, because the landlord has less incentive to dispute the claim.

Common Mistakes That Weaken Disrepair Claims

Over the years, we have seen many claims weakened by avoidable mistakes. Here are the most common:

• Failing to notify the landlord in writing — verbal reports alone are very difficult to prove
• Not keeping copies of correspondence — you need a clear paper trail
• Waiting too long to seek professional advice — evidence degrades over time and limitation periods apply
• Accepting repairs and not documenting the before state — photograph everything before any repair work begins
• Not commissioning an independent survey — relying solely on council inspections or your own photographs is rarely sufficient
• Withholding rent — this can complicate your claim significantly and risk eviction proceedings

Frequently Asked Questions

Take Action Today

A housing disrepair claim is not a complicated or unusual thing to do. It is a straightforward legal process designed to enforce rights that Parliament has given you. The key is to act promptly, keep good records and — above all — get a professional survey that documents the disrepair clearly and credibly.

At Disrepair Claim Surveyors, we are here to help you from the very first step. Contact us today for a free initial assessment. Our friendly, experienced team will explain exactly what is involved, answer your questions and arrange a convenient survey appointment — often within days.