Court action to get repairs done

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

If your private landlord refuses to carry out repairs, or has started but not finished them, you may be able to take them to court.

Remember: Taking your landlord to court to get the repairs carried out is normally only an option if you have strong tenancy rights (such as assured or regulated tenants) or if you don't mind if your landlord doesn't renew your tenancy. If you don't have much protection from eviction, the landlord may try to evict you rather than do the work.

Will I need help?

Probably. Court action can be complicated and is often slow. You will probably need help from a solicitor, but if your case can be dealt with in the small claims court (see below), you may be able to represent yourself. You can find a solicitor through the Community Legal Advice Directory.

It is also possible that the court will need a report from experts such as an environmental health officer or surveyor. You can find surveyors in your area through the Royal Institute of Chartered Surveyors website.

Whatever situation you're in, it's always best to get advice before you decide to take action. Call the Community Legal Service helpline on 0845 345 4 345 for free, initial advice, or use our directory to find advice centres in your area.

What can the court do?

The court will look at all the evidence you and your landlord have provided in order to decide if your landlord should do the repairs and, if so, what needs to be done about it. You could ask the court to:

• make an injunction, ordering your landlord to do something by a certain time
• make an 'order for specific performance', instructing your landlord to carry our specific repairs by a certain time
• make a 'declaration' that you can do the repairs yourself and deduct the cost from future rent and that the landlord won't be able to evict you for arrears.

In emergency situations (eg if it's dangerous to live in the property) the court may order your landlord to carry out the work immediately.

The court may also decide that your landlord should pay you damages (compensation).

What if the landlord doesn't comply?

A landlord who does not carry out the works specified in an injunction or order for specific performance could be fined or even imprisoned. You will probably have to go back to court to take further action, but should not have to start the whole process again.

Will it be expensive?

It depends. Taking court action can be expensive unless you are entitled to help from legal aid, or your case can be heard in the small claims court.

You can only use the small claims court if the cost of repairs or the compensation claimed is not more than £1,000). The advantage of the small claims is once you have paid a fixed fee to the court you will not be liable for the landlord's costs if you lose.

You can get more information about eligibility for legal aid on the Community Legal Service website.

If you win the case, your landlord may be ordered to pay your costs. However, there is a limit to the amount of legal expenses that can be awarded, so this may not cover a solicitor's fee.

Do I need to warn the landlord before I start court action?

Yes. There is a special procedure, which must be followed in all disrepair cases. You must serve a legal notice on your landlord. The notice must:

• explain what the disrepair problem is
• set out details of when you previously notified the landlord
• give the landlord 21 days to put the problem right - unless the repair is urgent
• state that if the landlord doesn't put the problem right within that time, you intend to take them to court.

Get help from a solicitor or specialist adviser to ensure that the notice is served correctly. If, after the 21 days are up, your landlord still hasn't put the problem right, you can apply to the county court.