Here are FAQs 2–10, all on housing disrepair against the council:
QUESTION
How long does a council have to carry out repairs before I can make a housing disrepair claim against them?
ANSWER
There is no single fixed timeframe set out in law for how quickly a council must carry out repairs, but the standard applied by the courts is what is considered “reasonable” in the circumstances.
What is reasonable will depend on the nature and severity of the disrepair — a leaking roof or broken boiler in winter would be expected to be addressed far more urgently than a minor cosmetic issue.
As a general guide, urgent repairs should be attended to within 24 to 48 hours, routine repairs within 28 days, and planned works within a longer but still defined period.
If the council has been formally notified and has allowed a reasonable period to pass without action, you are likely in a position to consider pursuing a housing disrepair claim.
Keeping a clear written record of when you reported the issue and what response you received will be essential when establishing that the council has failed in its duty.
QUESTION
What types of disrepair in a council property are serious enough to support a legal claim against the landlord?
ANSWER
Many tenants assume that their issue is not serious enough to pursue legally, but housing disrepair law covers a broad range of conditions that make a property unfit or less than reasonably habitable.
Damp, mould, broken heating, structural defects, water ingress, defective plumbing, and unsafe fixtures are all recognised categories of disrepair that can give rise to a valid legal claim against a council landlord.
The key legal test is whether the defect falls within the repairing covenant implied by the Landlord and Tenant Act 1985 and whether the council had notice of the problem but failed to act.
Physical damage to your possessions, disruption to daily life, and any health consequences you have suffered as a result of the disrepair will all be factors in determining what compensation you may be entitled to.
We encourage tenants not to self-assess and dismiss their situation before taking advice — what may seem minor can often form the basis of a legitimate and worthwhile claim.
QUESTION
How do I claim against my council if damp and mould in my home has caused respiratory problems or other health conditions?
ANSWER
Damp and mould are among the most common and damaging forms of housing disrepair, and where they have caused or contributed to health problems, you may be entitled to claim compensation from your council.
The council, as your landlord, has a legal duty to maintain your home in a condition that does not pose a risk to your health, and persistent damp and mould is widely recognised as a serious health hazard.
Conditions commonly linked to damp and mould include respiratory infections, asthma, allergic reactions, and skin complaints — all of which can form the basis of a personal injury element within a housing disrepair claim.
To succeed, you will need to show that the council was aware of the damp and mould, that it failed to act within a reasonable period, and that there is a causal link between the conditions and your health problems.
Medical records, GP letters, photographs of the affected areas, and your written correspondence with the council will all be important pieces of evidence in building your case.
QUESTION
Can a council tenant pursue a housing disrepair claim without legal representation or is professional help always advisable?
ANSWER
Technically, you can approach a housing disrepair claim without a solicitor, but in practice doing so puts you at a significant disadvantage against a council that will almost certainly be represented by experienced legal professionals.
Housing disrepair law involves specific pre-action protocols that must be followed before court proceedings can begin, and failing to comply with these correctly can damage or even derail your claim entirely.
A solicitor will manage the entire process on your behalf — from instructing an independent surveyor to assess the extent of the disrepair, to negotiating with the council, to issuing proceedings if necessary.
The no win no fee arrangements commonly offered in housing disrepair cases mean that accessing proper legal representation does not require you to pay anything upfront, removing the financial barrier that many tenants worry about.
In short, the process is considerably more straightforward and more likely to succeed when handled by someone who does this professionally, and we would always recommend taking advice before proceeding alone.
QUESTION
How important is evidence in a housing disrepair claim and what should I be keeping records of from day one?
ANSWER
The quality of your evidence can be the difference between a straightforward settlement and a prolonged dispute, so it is worth taking the time to document your situation carefully and thoroughly from the beginning.
Start by photographing every area of disrepair, making sure the images clearly show the nature and extent of the problem, and repeat this process regularly to capture any deterioration.
Keep a written log of every interaction with the council — date, time, who you spoke to, and what was said — and follow up any phone calls with a written summary sent by email to create a paper trail.
Save all correspondence, including text messages, emails, and letters, as these will be used to demonstrate that the council had knowledge of the disrepair and failed to act within a reasonable time.
We are able to guide you through the evidence gathering process from our very first conversation, ensuring that nothing important is missed and that your claim is as strong as it can possibly be.
QUESTION
What determines how much money I could be awarded in a successful housing disrepair claim against my council?
ANSWER
Housing disrepair compensation is calculated on a case-by-case basis, and while it is difficult to give a precise figure without knowing the details of your situation, the law provides for meaningful awards where the council has failed in its duties.
The general damages element of the claim reflects how much the disrepair reduced your enjoyment and use of the property, expressed as a percentage of the rental value over the period the issue persisted.
Special damages cover actual financial losses — ruined furniture or clothing, higher utility bills, costs of alternative accommodation if part of the property was unusable, and similar out-of-pocket expenses.
If health has been affected, the personal injury award will be assessed in line with established guidelines for the type and severity of the injury, and this can add a substantial sum to the overall claim.
Getting a proper legal assessment of your claim is the only way to understand what it may genuinely be worth, and that is something we are very well placed to help you with.
QUESTION
Is it safe to make a housing disrepair claim against my council without worrying about losing my home as a result?
ANSWER
Tenants should never feel that they must choose between tolerating unacceptable living conditions and keeping their home — the law does not require that compromise and actively prevents it.
The Deregulation Act 2015 makes it unlawful for a landlord to pursue eviction as a response to a legitimate complaint about the condition of a property, and this applies to council landlords just as it does to private ones.
Council tenants with secure tenancies are among the most legally protected occupiers in the housing system, and the council has no lawful basis to seek possession simply because you have raised a disrepair complaint or instructed a solicitor.
Far from putting your tenancy at risk, making a formal claim often has the practical effect of galvanising the council into finally carrying out the repairs that should have been done much earlier.
If you have been putting off taking action because you are concerned about your tenancy, please do get in touch — we can talk through your specific situation and give you the reassurance you need to move forward.
QUESTION
What is involved in the pre-action stage of a housing disrepair claim and how long does it usually take?
ANSWER
The pre-action protocol is a critical stage in any housing disrepair claim and exists to give both the tenant and the council an opportunity to resolve matters without the time, cost, and uncertainty of a court case.
Once instructed, your solicitor will send a formal letter of claim to the council that details the disrepair, references the history of complaints, and sets out what is being sought in terms of both remedial works and financial compensation.
The council must respond within 20 working days, and during the protocol period both parties will typically have the property inspected by surveyors — one appointed by the tenant and potentially one by the council.
In many cases, this formal intervention is what finally prompts the council to take the disrepair seriously, and a resolution can often be negotiated during the protocol stage without any need for court proceedings.
Your solicitor will manage the entire protocol process and advise you at each step on whether the council’s response is satisfactory or whether further action is required to protect your interests.
QUESTION
What does no win no fee actually mean in practice for a council tenant making a housing disrepair claim?
ANSWER
A no win no fee agreement — formally known as a Conditional Fee Agreement — means that your solicitor will take on your case without charging you any upfront fees, and will only be paid if your claim is successful.
If your claim succeeds, your solicitor’s fees will typically be recovered from the council as the losing party, meaning that in most successful cases the tenant pays nothing out of their own pocket.
If the claim does not succeed, you will not be required to pay your solicitor’s fees, though the specific terms of the agreement will set out exactly what costs, if any, you might be responsible for — and this will be explained to you clearly before you sign anything.
This type of funding arrangement exists specifically to ensure that access to justice is not limited by financial means, and it is widely used in housing disrepair cases because it removes the cost barrier for tenants.
No win no fee agreements are a legitimate and well-established part of the legal system, and instructing a solicitor on this basis carries no hidden risk provided you understand and agree to the terms before proceeding.
