Housing Disrepair — No Win No Fee
Housing disrepair claims allow tenants to claim compensation when landlords fail to maintain rental properties in a habitable condition. These claims are commonly handled on a no win no fee basis under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
What Are Common Housing Disrepair Issues?
Direct Answer: Common housing disrepair issues include damp and mould, leaking roofs, broken heating systems, pest infestations, and structural defects. Under Landlord and Tenant Act 1985 s.11, landlords must maintain the structure and exterior. Housing disrepair claims can be brought on a no win no fee CFA.
- Damp and mould — penetrating damp, rising damp, and condensation leading to mould growth
- Leaking roofs and guttering
- Broken heating systems — boiler failures, radiator leaks
- Plumbing issues — leaking pipes, blocked drains, no hot water
- Electrical faults — dangerous wiring, broken sockets
- Structural defects — cracks, subsidence, unsafe floors or stairs
- Pest infestations — mice, rats, cockroaches
- Broken windows and doors
What Is the Legal Framework?
The Landlord and Tenant Act 1985, s.11 imposes a covenant on landlords to keep in repair the structure and exterior of the dwelling, installations for water, gas, electricity, and sanitation, and installations for space and water heating. This covenant cannot be contracted out of.
The Homes (Fitness for Human Habitation) Act 2018 amended the 1985 Act to imply a covenant that the dwelling is fit for human habitation at the start of and throughout the tenancy. It covers 29 hazards assessed under the Housing Health and Safety Rating System (HHSRS).
What Compensation and Remedies Are Available?
Courts can award general damages for the inconvenience and discomfort caused by the disrepair, typically calculated as a percentage of the rent (25%–50%) for the period the disrepair persisted after notice. Special damages cover specific losses such as damaged belongings, alternative accommodation costs, and health-related expenses supported by medical evidence. Courts can also order the landlord to carry out specific repairs.
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.