What Are Your Rights When Your Landlord Refuses to Repair?

You reported the leaking roof weeks ago. You sent a follow-up letter. You called twice. And still, your landlord has done nothing. If this sounds familiar, you are not alone — and you are not powerless. As Disrepair Claim Surveyors, we work with hundreds of tenants every year who are stuck in exactly this situation. The good news is that the law is firmly on your side when a landlord refuses to carry out housing repairs.

In this guide, we explain your rights as a tenant, the steps you must take before making a housing disrepair claim, and how a professional disrepair survey from our accredited team can provide the evidence you need to force action — or win compensation.

Disrepair Claim Surveyors: Your First Port of Call

Before diving into the legal framework, it is worth understanding the role of a specialist disrepair surveyor. When a landlord refuses to repair, you need documented, professional evidence of the problem. A housing disrepair survey carried out by our team will:

• Identify and record all defects using moisture meters, thermal imaging cameras and visual inspection
• Describe each defect in plain English and technical detail
• Assess the impact on the habitability of the property
• Produce a written report suitable for use by solicitors and courts
• Comply with Part 35 CPR if required as expert witness evidence

Without a professional survey, it is very difficult to prove the extent or cause of disrepair — and landlords and their insurers know this. A detailed survey report dramatically strengthens your position.

What Is Housing Disrepair?

Housing disrepair refers to a physical deterioration of a rented property that the landlord is legally required to fix. Under Section 11 of the Landlord and Tenant Act 1985, landlords are legally obliged to maintain:

• The structure and exterior of the property (walls, roof, windows, external doors)
• Installations for water, gas and electricity supply
• Sanitation facilities (baths, sinks, toilets)
• Space heating and water heating systems
• Drains, gutters and external pipes

Under the Homes (Fitness for Human Habitation) Act 2018, landlords also have a duty to ensure the property is fit for human habitation at the start and throughout the tenancy. This covers broader hazards including damp, mould, structural instability, inadequate ventilation and pest infestations.

The Importance of Notifying Your Landlord in Writing

Here is a critical legal point that many tenants miss: a landlord cannot be held liable until they know about the disrepair. This means that before you can pursue any legal remedy, you must have formally notified your landlord of the problem and given them a reasonable time to fix it.

Always report disrepair in writing. A text message or WhatsApp is better than nothing, but a formal letter or email is best. Keep copies of everything. Your notification should:

• Clearly describe the nature of the disrepair
• State when you first noticed the problem
• Note any impact on your health or ability to use the property
• Request a response and a timeline for repairs within a reasonable period (typically 14–28 days)

If your landlord ignores your request entirely, or promises to act but never does, you can then consider escalating the matter.

Step 1: Send a Formal Letter Before Action

If your initial repair request is ignored or refused, the next step is to send a letter before action (LBA). This is a formal letter that puts your landlord on notice that you intend to take legal action if the repairs are not carried out. The Pre-Action Protocol for Housing Conditions Claims sets out exactly how this process should work.

The letter before action should:

• State your name, address and tenancy details
• Describe each item of disrepair and when it was reported
• Enclose copies of previous correspondence
• Set a deadline (usually 20 working days) for the landlord to respond
• State that you will instruct solicitors and commence proceedings if no satisfactory response is received

Many landlords take action at this stage because they recognise the seriousness of the situation. But if yours does not, there are further steps you can take.

Step 2: Instruct a Disrepair Surveyor

At this point — or even earlier — you should instruct Disrepair Claim Surveyors to carry out a professional housing disrepair survey. Our report will give your solicitor the technical foundation they need to advance your claim. A surveyor's report is frequently the single most important piece of evidence in a housing disrepair case.

Our surveys typically take two to three hours and cover every room and accessible area of the property. We use:

• Moisture meters — to measure moisture levels in walls, floors and ceilings
• Thermal imaging cameras — to detect hidden cold bridges, damp ingress and air leaks not visible to the naked eye
• Hygrometers — to measure relative humidity and assess condensation risk
• Photographic evidence — comprehensive images of all defects
• Borescope cameras — to inspect cavities and inaccessible voids where necessary

Step 3: Report to Your Local Council

Your local council's Environmental Health department has powers under the Housing Health and Safety Rating System (HHSRS), which is part of the Housing Act 2004, to inspect properties and compel landlords to carry out repairs. If a hazard is found, the council can issue:

• Improvement Notices — requiring the landlord to fix the hazard within a set period
• Prohibition Orders — preventing the use of part or all of the property until hazards are remedied
• Emergency Prohibition Orders — immediate action where there is imminent danger
• Hazard Awareness Notices — advising the landlord of hazards without requiring immediate action

Reporting to the council is free and can be highly effective. However, councils are often overstretched and may take time to act. It is best to pursue this avenue in parallel with, rather than instead of, a formal legal claim.

Step 4: Instruct a Solicitor and Pursue a Disrepair Claim

If your landlord still refuses to act, you can instruct a solicitor specialising in housing disrepair to pursue a formal legal claim. Such claims are typically brought in the county court and can result in:

• An order compelling the landlord to carry out repairs
• Compensation for the period you lived in the disrepaired property — typically calculated as a percentage reduction in rent over the affected period
• Compensation for personal injury — if the disrepair caused or exacerbated a health condition such as respiratory problems from mould exposure
• Special damages — reimbursement for damaged belongings, higher energy bills or additional costs caused by the disrepair

Many housing disrepair claims are handled on a No Win, No Fee basis, which means you do not pay solicitor's costs unless your claim succeeds. Solicitors are required under the pre-action protocol to disclose their costs arrangement to the defendant landlord at the outset.

Can My Landlord Evict Me for Reporting Disrepair?

This is one of the most common fears tenants have, and it is important to address it directly. Under the Deregulation Act 2015, your landlord cannot serve a Section 21 "no-fault" eviction notice within six months of receiving a complaint about the condition of the property, or within six months of environmental health action being taken. This is known as retaliatory eviction protection.

While no protection is absolute, the law does give you meaningful shelter from being evicted as punishment for asserting your legal rights. Always keep records of all correspondence, and if you receive a Section 21 notice after making a disrepair complaint, seek legal advice immediately.

What If You Live in Social Housing?

Tenants in housing association or council properties have the same legal rights as private tenants — and in some cases additional rights through regulatory frameworks. The Regulator of Social Housing expects registered providers to maintain properties to a decent standard. You can also complain to the Housing Ombudsman if your social landlord fails to resolve a disrepair issue within a reasonable time.

Our team works with tenants across both the private rented sector and social housing. We understand the specific challenges that can arise in each context and tailor our surveys accordingly.

Real Case Study: Sarah's Story

Sarah, a single mother in Birmingham, had been living with a leaking roof and chronic damp for over a year. She had reported the problem to her private landlord four times by email and twice in person. Each time, the landlord promised to send a builder — but nobody ever came.

At the suggestion of a housing solicitor, Sarah instructed Disrepair Claim Surveyors to carry out a full housing disrepair survey. Our report identified penetrating damp through the roof, rising damp in two ground-floor rooms and a failed damp-proof course, along with extensive mould growth that posed a risk to Sarah's children's respiratory health.

Armed with our survey report, Sarah's solicitor sent a formal letter before action. Within three weeks, the landlord had instructed contractors to carry out all required repairs. Sarah also received £4,200 in compensation for the fourteen months she had lived in substandard conditions.

"I didn't realise how much power I actually had," Sarah told us. "The survey report made everything real and professional. The landlord couldn't argue with it."

How Long Does a Housing Disrepair Claim Take?

The timeline varies depending on the complexity of the case and whether the landlord disputes liability. In our experience:

• Cases that settle at the pre-action stage (after the letter before action) can resolve in two to four months
• Cases that proceed to the county court typically take six to eighteen months to conclude
• Cases involving complex expert witness evidence or personal injury elements may take longer

The best way to speed up the process is to have strong, well-documented evidence from the outset — which is why commissioning a professional survey early is so important.

Frequently Asked Questions

Next Steps: Get Your Free Assessment Today

If your landlord is refusing to carry out repairs, do not wait. Every week of delay means another week of living in substandard conditions — and another week of potential health risks for you and your family. The sooner you commission a professional disrepair survey, the sooner you can take meaningful action.

Disrepair Claim Surveyors operates across the UK, offering fast-turnaround surveys with full written reports. We work alongside leading housing disrepair solicitors to ensure your report meets every legal and procedural requirement.

Contact us today for a free initial assessment. Our friendly team will explain the process, answer your questions and arrange a convenient survey appointment.