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
Which repair issues in a council home are considered serious enough to give me the right to take legal action?
ANSWER
Housing disrepair claims can cover a wide range of issues, provided the disrepair falls within the scope of the council’s repairing obligations under the Landlord and Tenant Act 1985.
Commonly claimed issues include damp and mould, roof leaks, faulty or broken heating systems, defective windows and doors, structural damage, unsafe flooring, and problems with plumbing or drainage.
The disrepair must relate to an element of the property that the council is legally responsible for maintaining — not, for example, decoration or items the tenant has installed themselves.
Where the disrepair has caused damage to your belongings, affected your health, or made part of your home unusable, the strength of your claim is considerably increased.
Even issues that may seem relatively minor can support a claim if they have been reported and ignored over a prolonged period, so it is always worth seeking advice before dismissing your situation.
QUESTION
Can I claim compensation from my council for health problems caused by damp and mould in my rented home?
ANSWER
If damp and mould in your council home has caused you or your children to suffer from breathing difficulties, skin conditions, or other health problems, you may have a strong basis for a compensation claim.
Councils are under a clear legal duty not to expose their tenants to conditions that are hazardous to health, and a failure to address reported damp and mould is a recognised breach of that duty.
A housing disrepair claim can include a personal injury element, meaning compensation is available not just for the disrepair itself but for the physical and psychological impact it has had on those living in the property.
The strength of a health-related claim is greatly enhanced by medical evidence linking the condition to the damp or mould, so obtaining a letter from your GP as early as possible is advisable.
If you believe your health has been affected by the condition of your council property, we would strongly encourage you to seek legal advice without delay, as time limits can apply to personal injury claims.
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
What proof do I need to show that my council has failed to carry out repairs to my property?
ANSWER
Good record-keeping from the very start of a housing disrepair situation can make a significant difference to how quickly your claim resolves and how much compensation you ultimately receive.
Photographs with visible dates, copies of all written complaints to the council, and records of any repair visits — or promises of repair visits that never materialised — form the backbone of a well-evidenced claim.
Medical evidence is particularly important where health has been affected, and your GP is usually the best starting point for obtaining documentation that links your symptoms to the conditions in the property.
Your solicitor will also commission an independent expert survey of the property, which will provide a professional assessment of the disrepair, its cause, and the works required to remedy it.
The more organised and complete your records are, the more effectively your legal team can work on your behalf — so if you are dealing with disrepair right now, start documenting today and reach out to us as soon as you are ready.
QUESTION
Is housing disrepair compensation significant enough to make a claim worthwhile and what influences how much I might receive?
ANSWER
The amount of compensation available in a housing disrepair claim varies considerably depending on the severity and duration of the disrepair, the impact it has had on your life, and whether any health problems or loss of belongings are involved.
Compensation is typically calculated by reference to a percentage reduction in the rental value of the property for the period during which you were living with the disrepair — this is known as general damages for loss of amenity.
On top of this, you may be entitled to special damages, which cover out-of-pocket losses such as damaged belongings, increased energy bills due to defective insulation or heating, and any medical costs incurred.
Where personal injury is established, an additional award reflecting pain, suffering, and any long-term health impact will be included, and this can significantly increase the overall value of the claim.
Every case is different and the figures can range from a few hundred pounds for minor and short-lived disrepair to tens of thousands of pounds in serious cases involving prolonged neglect and significant health consequences.
QUESTION
Can my council evict me or treat me badly for bringing a housing disrepair claim against them?
ANSWER
This is a concern that many tenants have, and it is important to be clear — making a housing disrepair claim against your council does not put your tenancy at risk, and the law actively protects you from retaliatory action.
The Deregulation Act 2015 introduced specific protections against retaliatory eviction, making it unlawful for a landlord to seek possession of a property in response to a legitimate complaint about its condition.
Council tenants also benefit from the additional security of a secure tenancy, which means a council cannot simply evict you — any possession claim would need to go through the courts and would require a legally recognised ground.
The right to report disrepair and seek legal remedies is a fundamental tenant right, and exercising it should never deter you from taking action that could improve your living conditions and result in compensation.
If you have concerns about how your council might respond to a claim, a solicitor can advise you on your security of tenure and the protections available to you before you take any formal steps.
QUESTION
What is the pre-action protocol for housing conditions claims and why does it matter for my disrepair case?
ANSWER
Understanding the pre-action protocol is helpful because it gives tenants a realistic picture of what to expect at the start of a housing disrepair claim and how the process typically unfolds.
Your solicitor will prepare and send a comprehensive letter of claim to the council, which sets out the full details of the disrepair, the impact it has had, and the legal basis for the claim — this document is the formal starting gun for the process.
The council has 20 working days to respond substantively, and the protocol also provides for the instruction of expert surveyors and the exchange of evidence, all with the aim of resolving the matter before court action becomes necessary.
In practice, the protocol stage is where a significant proportion of housing disrepair claims are settled, because councils often respond very differently once they receive a formal letter from a solicitor compared to how they respond to a tenant complaining directly.
If you are ready to move forward or simply want to understand the process in more detail, we are happy to walk you through every stage and explain exactly what would happen in your specific case.
QUESTION
What does no win no fee actually mean in practice for a council tenant making a housing disrepair claim?
ANSWER
No win no fee arrangements have transformed access to legal services for tenants, making it possible for anyone with a genuine housing disrepair claim to instruct a qualified solicitor regardless of their financial situation.
The arrangement is straightforward — if you win, the council pays the legal costs and you receive your compensation; if you do not win, you do not pay your solicitor’s fees for the work done on the claim.
Some agreements include an insurance premium — known as after the event insurance — which protects against the risk of having to pay the other side’s costs in the event the claim does not succeed, and your solicitor will explain whether this applies in your case.
The key is to ensure you understand exactly what you are agreeing to before signing, and a good solicitor will take the time to go through every aspect of the funding arrangement with you in plain terms.
If cost has been the reason you have been putting off making a housing disrepair claim, a no win no fee arrangement may be exactly what makes it possible for you to finally get the repairs done and obtain the compensation you are owed.
