What is housing disrepair
A housing disrepair claim (sometimes referred to as a housing conditions claim) is a legal claim that a tenant may make where they believe repairs that are the responsibility of the Council have not been completed within a reasonable period after the issue has been reported.
The Council is responsible for keeping the structure and exterior of your home in good repair. This includes:
- Walls, roofs and foundations
- Drains, gutters and external pipes
- Internal structures such as plasterwork, staircases and bannisters
The Council is also responsible for keeping in proper working order installations for:
- Water supply and drainage
- Gas and electricity
- Basins, sinks, baths and toilets
- Boilers, radiators and associated pipework
- Space heating and hot water systems
Most repairs can be resolved through the Council's normal repairs service without the need for a housing disrepair claim. We encourage tenants to report issues as soon as they arise so that they can be inspected and addressed at the earliest opportunity.
For more information about repair responsibilities, or to report a repair, please visit our Book a repair page.
What you can expect from us
When you report a repair or housing condition concern, we will:
- Take your report seriously
- Assess any health and safety risks
- Consider any vulnerabilities or support needs within your household
- Explain what will happen next
- Keep you informed and provide updates where there are delays
- Prioritise issues that present a risk to health and safety
- Make reasonable adjustments where required
- Work with you to resolve issues as quickly as possible
- Learn from complaints and feedback to improve our services
The Council reviews complaints, housing condition cases, damp and mould reports and housing disrepair claims to identify lessons learned and improve services for tenants. We use this information to improve our processes, communication and service delivery.
Awaab’s Law
Phase 1 (from 27th October 2025)
What does it cover?
- All emergency hazards
- Damp and mould hazards that present a significant risk to health or safety
What must landlords do?
For emergency hazards the landlord must:
- Investigate within 24 hours
- Carry out safety work within 24 hours to make the property safe
For significant damp and mould the landlord must:
- Investigate within 10 working days
- Provide written findings within 3 working days after the investigation
- Complete safety repairs within 5 working days after the investigation
- Start any longer-term preventative work within 5 working days (or no later than 12 weeks if complex)
If the property is unsafe, the landlord must provide suitable alternative accommodation for the tenant until the home is safe.
Phase 2 (from 30th November 2026)
What additional hazards are included?
The same legal timescales for significant hazards will apply to:
- Excess cold
- Excess heat
- Falls on stairs and level surfaces
- Structural collapse risks
- Fire and explosion hazards
- Electrical hazards
- Hygiene and food safety hazards
Phase 3 (expected during 2027)
What will it cover?
Awaab's Law will extend to all remaining significant hazards under the Housing Health and Safety Rating System (HHSRS) except overcrowding.
Where we identify vulnerabilities or circumstances that may increase the risk to occupants, we may work with other Council services and support teams to ensure appropriate assistance is provided.
Damp and mould
We take reports of damp and mould seriously and are committed to ensuring that tenants live in safe and healthy homes.
If you report damp and mould, we will investigate the issue and determine what action is required. Where there is a potential risk to health or safety, we will prioritise the case and take appropriate action.
The Council manages reports of damp and mould in accordance with Awaab's Law and other relevant legislative and regulatory requirements. This includes investigating hazards, assessing risks to occupants, and taking appropriate action to address issues within the required timescales. Particular consideration will be given where there is an increased risk to occupants, including young children, older people, and residents with known health vulnerabilities.
We will:
- Inspect the reported issue
- Seek to identify the cause of the damp and mould
- Explain any actions required
- Arrange appropriate remedial works where necessary
- Keep you informed throughout the process
Early reporting helps us deal with issues sooner and prevent them from becoming worse.
Where required, specialist surveys may be needed to investigate condensation, building defects, drainage issues, ventilation concerns, roofing defects or other factors contributing to damp and mould.
It is important that you allow access to your home so that inspections and any necessary works can be completed promptly.
How we deal with housing disrepair
When concerns are raised regarding the condition of a property, our priority is to investigate the reported issues, understand any associated risks, and ensure that any repair obligations owed by the Council are appropriately addressed.
In simple terms, this is what happens:
- Concerns regarding the condition of a property are reported to the Council
- The reported issues are reviewed and assessed
- Inspections are arranged where required
- Any necessary repairs or investigations are identified
- More serious issues and risks to health and safety are prioritised
- Where appropriate, specialist inspections or technical assessments may be commissioned to assist in identifying the cause and extent of any reported defects
- We will keep residents informed throughout the process
Our aim is always to resolve housing condition concerns at the earliest opportunity and, where possible, without the need for legal proceedings.
If anyone in your household has a medical condition, disability, is very young, elderly, pregnant or otherwise vulnerable, please let us know when reporting the issue. This information helps us assess any risks and determine whether additional support or priority action may be required.
We will keep you informed throughout the repair, investigation or disrepair process. If there are delays, we will explain the reason and what happens next.
What if I am not happy with how things are going?
We understand that there may be occasions where a resident is unhappy with the way a repair issue has been handled.
If you are unhappy with the service you have received, you have the right to make a complaint. This gives us the opportunity to review what has happened, respond to your concerns and, where appropriate, put things right.
We encourage residents to utilise the Council's complaints procedure where they remain dissatisfied with the handling of repairs or housing condition issues. In many cases, concerns can be resolved through the repairs and complaints processes without the need for legal proceedings.
If you remain unhappy once the Council's complaints process has been completed, you may be able to refer your complaint to the Housing Ombudsman Service.
Housing disrepair claims
A housing disrepair claim is a legal claim brought by a tenant who believes that repairs for which the Council is responsible have not been completed within a reasonable period after the issue has been reported.
Before pursuing legal action, we encourage residents to contact us so that we have the opportunity to investigate concerns and put things right where possible.
We strongly encourage tenants to:
- Report problems as early as possible
- Allow access for inspections and repairs
- Raise concerns where they believe issues are not progressing appropriately
- Utilise the Council's complaints procedure where they remain dissatisfied
Our aim is to work with tenants to resolve issues without the need for legal action wherever possible.
If you choose to seek legal advice in relation to a housing disrepair matter, you should ensure that you understand any legal funding arrangements before entering into an agreement with a solicitor.
What happens when a housing disrepair claim is made?
When the Council receives a housing disrepair claim from a tenant's legal representative, we will investigate the issues being alleged.
This may include:
- Reviewing repair and maintenance records
- Reviewing reports previously made by the tenant
- Arranging inspections of the property
- Assessing whether repairs are required
- Considering potential impacts upon the health and safety of occupants
In cases involving damp and mould, the Council will also consider whether the reported issues present a risk to health and safety and whether any actions are required under the duties placed on social landlords by Awaab's Law.
Where appropriate, specialist inspections or expert surveys may be commissioned to assist with determining the cause, extent and responsibility for any reported defects.
The Council reviews complaints, housing condition cases, damp and mould reports and housing disrepair claims to identify lessons learned and improve services for tenants. This helps us understand where things have gone wrong and where changes are needed to improve the customer experience and service delivery.
Property inspections and expert evidence
Housing disrepair claims are generally managed in accordance with the Pre-Action Protocol for Housing Conditions Claims.
In some cases, the parties may agree to instruct a joint independent expert or alternatively rely on separate expert evidence.
The purpose of any expert inspection is to:
- Assess the condition of the property
- Identify any defects or items of disrepair
- Determine whether repairs are required
- Recommend any remedial works
- Consider the impact of any reported defects on the occupants and use of the home
The findings of any inspection may form part of the evidence considered by both parties when seeking to resolve the claim.
Resolving a housing disrepair claim
Once investigations and inspections have been completed, both parties will review the available evidence.
Depending on the circumstances, the claim may be resolved through:
- Agreement to complete identified repairs
- Negotiation between the parties
- Alternative dispute resolution
- Court proceedings where agreement cannot be reached
Many housing disrepair claims are resolved without the need for a final court hearing.
Access for inspections and repairs
It is important that tenants allow access for inspections, surveys and repair works throughout both the repairs and housing disrepair processes.
Providing access allows the Council to investigate reported issues, complete any necessary repairs and work towards resolving concerns as quickly as possible.
Allowing access is an important part of the tenancy agreement and helps ensure that homes are maintained in a safe condition.
Where access is repeatedly refused and essential inspections or repairs cannot be completed, the Council may consider formal action to obtain access where appropriate. However, we will always seek to work with tenants first to avoid the need for formal action wherever possible.
Working together to resolve issues
Most housing condition concerns can be resolved through early reporting, inspection and repair. We are committed to working with tenants to understand concerns, identify solutions and complete any repairs for which we are responsible.
We ask tenants to report issues as soon as possible, provide any information requested and allow access for inspections and repairs so that we can resolve matters quickly and effectively.
Getting help and advice
If you are considering making a housing disrepair claim, you may wish to obtain independent advice before making a decision.
Independent advice is available from:
Independent advice can help you understand the options available to you and the different ways concerns regarding the condition of your home may be resolved.
Report a repair
You can contact our repairs service at any time:
Telephone: 01942 489005
Online: Book a repair information
We also provide an emergency repairs service for urgent issues.
If you need information in another format, language or require additional support to access our services, please contact us and we will make reasonable adjustments where possible.