What does Section 11 of the Landlord and Tenant Act 1985 require landlords to repair?
Section 11 of the Landlord and Tenant Act 1985 imposes an implied repairing covenant in all residential tenancies under seven years. Your landlord must keep in repair the structure and exterior of the dwelling (walls, roof, foundations, gutters, drains, external pipes), the installations for the supply of water, gas, electricity, and sanitation (sinks, baths, toilets), and the installations for space heating and heating water. The obligation cannot be contracted out of.
What does the Housing Health and Safety Rating System cover?
The Housing Health and Safety Rating System (HHSRS) is a risk-based evaluation tool used by local authority environmental health officers under the Housing Act 2004. It assesses 29 categories of hazard including damp and mould, excess cold, fire, electrical hazards, and structural collapse. If an officer finds a serious hazard they can issue an improvement notice requiring the landlord to carry out repairs, or take emergency action if the hazard presents an imminent risk.
How do I give written notice of disrepair to my landlord?
Written notice is a legal prerequisite for a Section 11 claim — your landlord cannot be in breach until they know about the disrepair and have had a reasonable time to remedy it. Write to your landlord or their managing agent by email and recorded post. Describe the defect, its location, how long it has existed, and any effects on your health or property. Keep a copy and take dated photographs. If your landlord does not respond within a reasonable period (usually two to four weeks for urgent matters) you can escalate.
How do I escalate to my local council if the landlord ignores notice?
Contact your local council's environmental health department and ask for a housing inspection under the Housing Act 2004 HHSRS framework. Environmental health inspections are free. If an officer identifies a category 1 hazard (serious risk) the council has a duty to take action; for category 2 hazards it has a discretion. The council can serve an improvement notice requiring the landlord to carry out specified works within a set period. Failure to comply is a criminal offence.
What does the Pre-Action Protocol for Housing Disrepair require before court?
The Pre-Action Protocol for Housing Disrepair (updated 2021) applies to claims for disrepair in residential premises. Before issuing a court claim you must send a detailed letter of claim to your landlord setting out the defects, the legal basis, the remedies sought (repair, damages, or both), and enclosing any supporting evidence. Your landlord has 20 working days to respond (or 5 working days for urgent cases). The protocol also requires you to obtain an independent expert report on the condition of the property.
What remedies are available in a housing disrepair claim?
You can seek: a mandatory order (court order requiring the landlord to carry out the repairs within a specified time), rent reduction or abatement (a proportion of rent for the period during which you had reduced enjoyment of the property), damages for personal injury caused by the disrepair (for example, respiratory illness caused by damp and mould), and damages for damage to your personal belongings. Rent abatement and damages can be substantial if the disrepair has continued for a long time.
How do I bring a housing disrepair claim in the county court without a solicitor?
Issue a claim at moneyclaims.service.gov.uk or at your local county court. Claims for disrepair and damages up to £10,000 will be allocated to the small claims track, where each party usually bears their own costs. For claims over £10,000 you should consider the fast track, where costs are recoverable but a solicitor may be worthwhile. Your claim must be supported by photographic evidence, your repair log, and if possible an independent surveyor's report.
What did the Homes (Fitness for Human Habitation) Act 2018 add?
The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985 to imply a term in all residential tenancies that the property must be fit for human habitation at the start of and throughout the tenancy. Fitness is assessed by reference to the HHSRS hazard categories. This gives tenants a direct right of action against landlords whose properties are unfit — including for hazards not covered by Section 11 such as excess cold, fire safety, and entry by intruders.
What retaliatory eviction protections apply if I complain about repairs?
The Deregulation Act 2015 protects private tenants in England from retaliatory eviction. If you make a written complaint about the condition of your property and the council serves an improvement notice or emergency works notice within six months of a Section 21 notice being served, that Section 21 notice is invalid. Your landlord cannot serve a fresh Section 21 notice for six months after the improvement notice. This protection applies to assured shorthold tenants in England.
How does uplaw.ai help with a housing disrepair claim?
Tell uplaw.ai about the disrepair — what is wrong, how long it has been reported, and what your landlord has done. uplaw.ai will draft your written notice of disrepair, a formal letter of claim following the Pre-Action Protocol, and if necessary a county court claim form. It will explain each step, help you compile the evidence you need, and guide you through the HHSRS complaint process to your local council.
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