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What is Disrepair claim?
Last verified 31 October 2026
A disrepair claim is a court claim by a tenant that the landlord has failed to carry out repairs the landlord is responsible for. In England the claim can rest on the repairing duties in section 11 of the Landlord and Tenant Act 1985, on the duty to keep the home fit for human habitation, or on the tenancy agreement.
Why it matters to landlords
GOV.UK guidance says a tenant can sue for breach of contract if a home is unfit. The court can order the landlord to reduce or remove the hazard, award damages, or both. Compensation has no set cap: the court weighs the harm caused, how long the problem lasted and how severe it was. The landlord can also be ordered to pay the tenant's legal costs. A claim does not stop the council using its own enforcement powers.
The best protection is a record. Note the date you were told, what you did and when. The guidance says you are responsible from when you are told of a hazard and get a reasonable time to act. It also lists situations where there is no duty to remedy, such as damage caused by the tenant, storms, floods, or consent you cannot obtain after reasonable efforts. If the tenant refuses access, record each attempt and take advice before going further.
Example
Ellie's tenant reports a leaking bathroom window frame on 10 January 2027 and again on 24 February. Ellie replies promptly, but books no work until April. The tenant starts a claim for the mould damage to their belongings. Her log shows the gap, and that is where the court will look.
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