At Osbornes Law we know how to win housing disrepair claims for those we represent. We understand how frustrating it can be living with housing disrepair and poor housing conditions, and the impact it has can have on your daily life.
Housing Disrepair Requirements from Landlords
In most tenancies repairing obligations are implied into the terms of the tenancy. The repairing obligations require a landlord to keep in repair the structure and exterior of the dwelling house and keep in repair and proper working order the installations in the dwelling house for the supply of water, gas, electricity, sanitation, space heating, and heating water.
It is not possible for a landlord to contract out of their repairing obligations.
If you own a leasehold property the freeholder’s repairing obligations will be contained in the terms of your lease.
Depending upon the cause of the problems in your home we may be able to bring a claim in the County Court seeking an order for repairs to be complete, as well as seeking financial compensation. Alternatively, in some situations proceedings can be brought in the Magistrates Court in relation to housing disrepair claims.
Housing Disrepair Solicitors at Osbornes Law
Our team of specialist housing solicitors is one of the largest in London, ranked in both Legal 500 and Chambers & Partners legal directories
What do I need to do?
- If there are problems with housing disrepair you must bring this to the attention of your landlord by providing notice.
- You should always aim to do this in writing where possible so that you have a written record of notice having been provided.
- You should keep clear records of what the problems at your property are, when they arose, and when you notified you landlord of them.
- If the problem is not resolved promptly it is also likely to be worth contacting your local authority (if they are not also your landlord). The Council has powers to serve various notices in relation to conditions in your home.
- You should always provide access to your landlord to inspect the property and to carry out repairs. A failure to provide access will be a defence to any housing disrepair claims.
Housing Disrepair Claims – FAQ’s
What is penetrating damp?
Damp occurs when the housing disrepair in the structure of the building allows water to enter the building from the outside. Penetrating damp is usually caused by structural problems in the building such as faulty guttering or roofing which your landlord/freeholder is usually responsible for maintaining.
Are there things you cannot bring a housing disrepair claim for?
You can only bring a disrepair claim for damage to your home where that damage has been caused by disrepair. If the problem arises from an inherent defect in the property which is not caused by disrepair, then this is not something for which you can bring a housing disrepair claim. However, you may be able to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.
What is condensation based damp?
This is where the dampness in your home is not caused by water penetrating from outside but arises due to the conditions in your home. This may be due to a lack of ventilation or poor design. Condensation dampness does not occur due to disrepair, and would not form part of a claim for disrepair. However, it may be possible to bring a claim under The Homes (Fitness for Human Habitation) Act 2018, which is discussed below, or under environmental health legislation.
What is the meaning of the term ‘fitness for habitation’?
The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019. The Act applies to new tenancies, of less than 7 years, granted on or after 20 March 2019 (but will apply to all such tenancies after 20 March 2020). The Act requires that a property that is rented is: (a) Fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease, and (b) Will remain fit for human habitation during the term of the lease. In considering whether or not a home is unfit for human habitation, the following will be considered: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water; in relation to a dwelling in England, any prescribed hazard; A house will be considered to be unfit for human habitation if one of more of the above apply and it is not reasonable for someone to occupy the house in the condition that it is in.
Case studies
- The tenant of a flat within a high rise had directly approached her landlord in relation to defective heating, hot water and plastering. When negotiations failed she approached the Local Government Ombudsman who found in her favour in relation to many items of disrepair. However, when her landlord refused to comply with the recommendations Osbornes was instructed to deal with this matter. We assisted the client under a Conditional Fee Agreement. As a result of Osbornes’ intervention a schedule of works was agreed to the satisfaction of our client and she received damages of £10,000 plus legal costs.
- We assisted a leaseholder in relation to enforcement proceedings due to a failure to comply with a court order requiring remedial works. As a result a settlement was agreed between the parties whereby over £33,000 was offset against his service charge account and his legal costs were paid.
- We assisted a local authority tenant to avoid eviction from her property by bringing a counter claim for housing disrepair. The disrepair damages were worth over £16,000 and the client kept her home.
- The leaseholder of a flat had problems with significant water penetration and defective windows. The landlord refused to carry out the repairs. Court proceedings were issued and as a result the landlord agreed to carry out repair works, pay the client £7,500 in damages (to be offset against her share of the cost of the major works), and paid our client’s legal costs. The matter returned to Court for enforcement purposes as the landlord had failed to complete the works and the outcome was that the landlord agreed to a schedule of works, paid a further £12,500, plus legal costs.
What our clients say
“I found it all very professional and friendly at Osbornes. I am extremely happy with the outcome; my solicitor took away the stress of my case. I received a significant damages settlement from my Landlord (£28,500), which has really helped me in my new home. I would definitely recommend Osbornes in the future”.
Housing And Social Care Services

Accreditations




Latest Housing And Social Care News
Osbornes win landmark Appeal in Housing case
The housing team at Osbornes have won a landmark appeal which has the potential to impact individuals living in cramped and overcrowded conditions. Favio Flores, 46, and his partner Elba […]
Read MoreHousing disrepair issues resolved after three years
Osbornes were instructed on behalf of a disabled tenant who had been decanted from her temporary accommodation for some three years whilst the local authority carried out repairs which should […]
Read MoreEviction from home of vulnerable man during lockdown prevented
Osbornes were instructed just before the lockdown to prevent the eviction of a vulnerable man with capacity issues. He had accrued rent arrears of around £10,000 as his benefits had […]
Read MoreOsbornes applying to Supreme Court in housing possession case
In the case of Gateway Housing Association –v- Begum (2) the Court of Appeal recently decided that a tenant must leave the property even though there was confusion as to […]
Read MoreYoung mother secures accommodation after illegal evictions during the pandemic
Here at Osbornes we have seen illegal evictions on the increase during this global pandemic. Osbornes have been advising many tenants who have unfortunately found themselves locked out of their […]
Read MoreBusiness eviction ban extended
The Communities Secretary Robert Jenrick announced today (9th December 2020) that business owners affected by the pandemic will have protection from eviction until the end of March 2021. Earlier this […]
Read MoreCase news: Housing benefit decision addresses issue of what is a full time course of education?
The background You might be forgiven for thinking that the question of whether a course is full time or part time is fairly straightforward and does not require the involvement […]
Read MoreCase news from Osbornes Law: Disabled child receives highest award of Disability Living Allowance (“DLA”) after almost 3 years since the original decision.
JR is a 10 year old child who suffers from Cerebral Palsy as well as learning and communication impairment. JR was awarded Disability Living Allowance (“DLA”) in 2012, which they received, […]
Read MoreBritish child living with her mother in the UK will not be entitled to DLA if her father is living and working in another EU State – recent ruling by Upper Tribunal.
In AH v Secretary of State for Work and Pensions [2020] UKUT 53 (AAC), the claimant and her parents are British citizens. The parents separated in 2011 but are not […]
Read MoreCouncil failed homeless applicant at risk of self-harming and suicide
The Court of Appeal has quashed a council decision that said a young man with mental health problems and at risk of self-harming and suicide was not in priority need […]
Read More