Disrepair claims
Disrepair claims are legal claims brought by a tenant alleging you, as the landlord, have failed to keep the rental property in proper condition. Most claims rely on statutory duties such as Section 11 of the Landlord and Tenant Act 1985 (structure/exterior and key installations like heating, hot water, sanitation and electrics) and/or the duty for the home to be fit for human habitation under Section 9A.
A claim usually starts because the tenant says you were put on notice (for example, via reporting a repair) and the issue was not resolved within a reasonable timeframe. Typical allegations include persistent damp and mould, broken heating, leaks, unsafe electrics, or inadequate sanitation. If conditions are serious, the local housing authority can also become involved under HHSRS, which increases risk and documentation needs.
In England, many cases are expected to follow the Pre-Action Protocol for Housing Conditions Claims before court proceedings. The Protocol is designed to encourage early disclosure and settlement. The tenant must usually tell you about the conditions and give you a chance to put them right, and you should respond constructively once a formal letter arrives.
From a landlord’s perspective, the best way to prevent and defend a disrepair claim is a strong paper trail. Include written acknowledgements, contractor bookings, photos, invoices, and clear updates to the tenant. If access is needed, give written notice and arrange reasonable times while respecting quiet enjoyment and record any refused access.
From 1 May 2026, the Renters’ Rights Act in England raises the importance of getting this right. With Section 21 notice abolished and a new Private Rented Sector Ombudsman introduced, unresolved repairs are more likely to escalate through formal complaint routes and evidence-led enforcement rather than “ending the tenancy”. Treat repairs as a compliance workflow, not an ad-hoc task list.
Also see landlord blog articles, including:
Landlord and tenant repair obligations - UK maintenance guide
