Guide

Landlord repairs and disrepair (England & Wales)

Your landlord’s legal duties to repair and maintain your rented home, what to do if repairs are being ignored, and how to escalate if they are not done.

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By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →

The statutory repair duty

Under section 11 of the Landlord and Tenant Act 1985, every landlord of a residential property let for less than seven years must keep the structure and exterior in repair and keep the installations for water, gas, electricity, heating, and hot water in proper working order. This duty is implied into every tenancy agreement; a landlord cannot contract out of it. The obligation only bites once the landlord knows (or ought to know) of the disrepair, so reporting it in writing is important.

Fitness for human habitation

The Homes (Fitness for Human Habitation) Act 2018 requires landlords to ensure the property is fit for human habitation both at the start of the tenancy and throughout it. The Act lists matters that can make a home unfit, including damp and mould, structural instability, inadequate ventilation, and serious cold. Unlike section 11, this duty gives tenants a direct right to sue the landlord in court without needing to involve the council first.

Awaab’s Law and the Decent Homes Standard

The Renters’ Rights Act 2025 extends Awaab’s Law — originally introduced for social housing — to the private rented sector. Once secondary regulations set the precise timescales (not yet in force as of mid-2026), landlords will be required to investigate and address hazards such as damp and mould within defined deadlines. The Act also applies the Decent Homes Standard to private rented properties for the first time. The precise commencement date for these provisions depends on further secondary legislation.

What to do if repairs are ignored

Report the problem to your landlord in writing and keep a copy. Take dated photographs. If the landlord fails to act within a reasonable time, you can report to your local council’s housing enforcement team, which can inspect under the Housing Health and Safety Rating System and issue improvement or prohibition notices. You can also bring a claim in the county court. Do not withhold rent unilaterally — it can give grounds for possession and does not resolve the disrepair.

Rent repayment orders

Where a landlord has committed certain offences, including failing to comply with an improvement notice, a tenant can apply to the First-tier Tribunal for a rent repayment order requiring repayment of up to 12 months’ rent. This is a significant remedy that sits alongside the civil claim route, and it has been expanded under the Renters’ Rights Act 2025.

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My landlord says the damp is caused by my lifestyle. Who is responsible?

This is a common and contested area. Condensation damp can sometimes be attributable to how a property is used, but where the property has inadequate ventilation or insulation, the landlord’s obligations under the Homes (Fitness for Human Habitation) Act 2018 may still apply. An independent surveyor’s report or a council inspection can help establish the cause. Document the problem thoroughly with photographs and dates.

Can I carry out the repairs myself and deduct the cost from rent?

There is a limited common law right to repair and deduct, but it is narrow and risky to use without legal advice. You generally need to have given the landlord notice and a reasonable opportunity to repair first. Incorrectly exercising this right can expose you to a rent arrears claim. Take legal advice before withholding or deducting rent for any reason.

What does The Counsel actually do with repair queries?

It is an AI legal information tool that can explain your landlord’s duties, the relevant legislation, and the options available to you. It does not inspect properties, advise on the merits of a specific claim, or represent you. Where disrepair is serious or long-standing, we recommend advice from a solicitor who specialises in housing or from a free adviser such as Shelter.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.

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