Safe and decent housing is a basic right, yet many tenants across England and Wales endure living conditions that fall below acceptable standards. According to the 2022-2023 English Housing Survey, 14% of households—equating to 3.5 million homes—fail to meet the Decent Homes Standard.
This standard sets the benchmark for housing quality, yet a significant number of renters continue to live in substandard conditions. Private tenants are especially impacted, with 21% of privately rented homes falling short of this standard. This guide is designed to empower tenants with clear, practical information about their rights and the steps they can take to address housing disrepair.
What’s Housing Disrepair?
Housing disrepair occurs when a rented property falls into a state of deterioration, making it unsafe, unhealthy, or unfit to live in. Common issues include damp, mould, leaks, faulty heating, electrical hazards, and structural damage. Landlords have a legal duty to address these problems, while tenants are responsible for reporting them and maintaining reasonable care of the property.
Common Types of Disrepair
Damp and Mould: Damp and mould are common issues in rented properties, often caused by poor ventilation or leaks. They can lead to respiratory problems and damage to personal belongings. Tenants should report any damp or mould early to prevent health risks and property damage.
Non-Decent Homes: A “non-decent home” falls below the Decent Homes Standard, which ensures a property is safe, warm, and structurally sound. Many private renters face this issue, which can lead to discomfort, high energy costs, and health risks. Tenants should notify their landlord if their home doesn’t meet these standards.
Category 1 Hazards: Category 1 hazards are serious risks to health and safety, such as structural damage, fire hazards, or electrical issues. These must be addressed by landlords immediately, as they can cause severe injury or illness. Tenants should report any Category 1 hazards to their landlord or local council.
Lack of Hot Water or Heating: Not having hot water or heating can make a home uninhabitable, especially in colder months. This issue typically arises from faulty heating systems or plumbing problems. Landlords are legally required to maintain heating and hot water, and tenants should report these issues promptly.
Electrical Hazards: Electrical hazards, such as faulty wiring or exposed cables, pose serious safety risks. These can lead to fires or electrocution. Tenants should notify their landlord immediately if they identify any electrical hazards in their property.
The Personal Impact of Housing Disrepair
Physical Health: Damp and mould can worsen respiratory conditions.
Mental Health: Stress, anxiety, and depression can develop from living in poor conditions.
Financial Well-being: Higher energy costs and damage to personal property can cause financial strain.
Are you Eligible for Compensation?
In England and Wales, tenants are protected by several important laws:
- Landlord and Tenant Act 1985: Section 11 requires landlords to maintain the property’s structure and essential systems in good condition.
- Homes (Fitness for Human Habitation) Act 2018: Obligates landlords to ensure their properties remain fit for habitation throughout the tenancy.
Landlords are generally responsible for maintaining the building’s structure, exterior, and vital services like water, gas, electricity, and heating. Tenants, on the other hand, are responsible for reporting disrepair, caring for the property, and repairing any damage they cause.
What to do if you’re dealing with Housing Disrepair
If you’re facing housing disrepair, follow these steps to protect your rights:
- Notify your landlord in writing: Provide a clear description of the issues and keep a copy for your records.
- Collect evidence: Take photos and videos of the disrepair.
- Give your landlord reasonable time to respond: If no action is taken, follow up.
- Reach out to your local council: The environmental health department may be able to assist.
- Seek legal advice: A solicitor who specialises in housing issues can help you navigate the next steps.
Upcoming Legislative Changes
Starting in October 2025, social landlords will be legally required to investigate and resolve dangerous damp and mould issues within strict timeframes. Additionally, any emergency hazards must be repaired within 24 hours. This new legislation is a crucial step forward in improving housing safety and quality, introduced in memory of two-year-old Awaab Ishak, who tragically passed away due to prolonged exposure to damp and mould. This change marks a significant move towards ensuring safer living conditions for tenants in England and Wales.
“Landlords cannot be allowed to rent out dangerous homes and shamelessly put the lives of their tenants at risk.” – Deputy Prime Minister Angela Rayner
Renters’ Reform Bill: This bill aims to end ‘no-fault’ evictions, improve tenant security, and raise living standards in the private rental sector.
Getting Expert Help with GLP Solicitors
Living in a home with ongoing issues is unacceptable, and tenants in England and Wales have rights that protect them. If you’re dealing with housing disrepair, GLP Solicitors can provide the expert assistance you need. Our team specialises in housing disrepair claims, connecting you with experienced tenant rights lawyers, and managing compensation claims on a “no win, no fee” basis. With our expertise, we’ll guide you through the legal process and ensure your rights are fully protected.
Need help with housing issues? Contact our experts at GLP Solicitors today for a free consultation.
