Court action for disrepair

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If your housing association or council landlord refuses to carry out repairs, it may be possible to take them to court. You may be able to get a court order instructing your landlord to do the work that's needed, or claim compensation.

Is court action appropriate?

Court action should normally be a last resort, it can be complicated and is sometimes slow, although in certain severe situations it is possible to ask the court to order works be carried out promptly. It can also be expensive, unless you are entitled to legal aid.

You should only consider this if you can afford it and have tried other options.

Before you start:

check that the landlord is responsible for the repairs
report the problem in writing and allow a reasonable time for them to be done
consider your other options - such as negotiation and mediation
get in touch with an adviser - use our directory to find one.

Sometimes it might be easier and less expensive to complain to the ombudsman instead.

Where do I start?

Taking court action for disrepair can be a long and complicated process. You may need help from a solicitor but if your case can be dealt with in the small claims court, you may be able to represent yourself. Use this Legal Adviser Finder to find a solicitor, or call the Community Legal Advice helpline on 0845 345 4 345 for free initial advice.

You'll also need to gather evidence to back up your claim, such as:

copies of letters showing that you've reported the problem to your landlord
photographs - eg of disrepair or damaged property
medical reports, explaining how your health has been affected
if relevant, reports from a surveyor or the environmental health department.

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.

If, after the 21 days are up, your landlord still hasn't put the problem right, you can apply to the county court.

How can a court order help?

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', to get your landlord to carry out 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 compensation (see below).

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

Can I claim compensation?

It may be possible to claim compensation for a number of reasons. It is possible that the claim you make will include elements of some or all of the following:

Damage to health

This applies if you or anyone in your household has been injured or made ill/more ill because your landlord has failed to do repairs. The amount you can claim will depend on the severity of the illness. The health problems may be mental (eg distress), or physical (eg chest infections caused or worsened by dampness, or injuries caused by unsafe stairs).You may be able to claim for loss of earnings if you've been unable to work as a result.

You'll have to prove that the disrepair and the health problems are linked. The disrepair doesn't have to be the only cause of the illness, but it must have contributed to it. You may have to provide reports from a doctor and a surveyor.

Damage to belongings

This applies if items belonging to someone in your household are damaged or destroyed as a result of your landlord's failure to do repairs. It includes:

anything of yours that has been damaged or destroyed by the disrepair, such as clothing or bedding.
anything that is damaged or broken while repairs were carried out.

You can claim the amount of money it will cost you to replace the property that has been damaged or destroyed. This may only be the second hand value of the goods, unless it would not be possible to buy second hand replacements. If you have original receipts, this will help to prove their worth.

Collect as much evidence as you can - if possible don't throw damaged items away, and/or take photographs of them. These could prove useful in court. Keep receipts of anything you've had to replace.

Inconvenience

You are entitled to claim compensation if you've suffered inconvenience or have not been able to use your home in the normal way as a result of your landlord's failure to do repairs. The amount you get will depend on how serious the repairs were and the affect they have had on you. Only the tenant can claim for this - not anyone else in the household.