You can sue your landlord for a housing disrepair if your landlord is responsible for the repair and the problem is not fixed within a reasonable amount of time. You sue your landlord by making a housing disrepair claim.

Can I Sue My Landlord

Our solicitors can help you with a housing disrepair claim. We work on a no win, no fee basis. Contact us now for a free assessment of your claim. We represent tenants across England and Wales.

When can I sue my landlord for a housing disrepair?

You can sue your landlord for a housing disrepair if:

  • Your landlord is responsible for the repair; and
  • The problem is not fixed within a reasonable amount of time

Is your landlord responsible for the repair?

Both landlords and tenants have repair responsibilities. Some of these will be detailed in your Tenancy Agreement, if you have one. Others are set out in the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

The repair responsibilities set out in law are non-negotiable. Your landlord cannot write in the Tenancy Agreement that you are responsible for repairing broken pipes (for example). The law expressly stipulates that your landlord is responsible for repairing:

  • The property’s structure and exterior
  • Basins, sinks, baths and other sanitary fittings including pipes and drains
  • Heating and hot water
  • Gas appliances, pipes, flues and ventilation
  • Electrical wiring
  • Any damage they cause by attempting repairs

Related: What Are My Landlord’s Responsibilities?

As a tenant, you are responsible for minor repairs. This includes ‘little jobs around the place’ such as changing lightbulbs and unblocking sinks (where the blockage is caused by your own waste).

Tenants are also responsible for repairing anything that has been caused by their ‘un-tenant-like’ behaviour. These kinds of repairs arise if the tenant has failed to take good care of the property, or has allowed their guests to damage the property.

Related: What Are a Tenant’s Responsibilities?

When a repair is needed in your rental property, you need to check whether it falls under your repair responsibilities (as the tenant) or your landlord’s responsibilities. It is better to check what the law says, rather than ask your landlord. Your landlord may try to shirk their repair obligations and put them onto you instead. This is not allowed, but sadly, it does happen.

Has a reasonable amount of time passed?

If the repair falls under your landlord’s repair responsibilities, then you are legally obliged to tell them about it as soon as possible. Tell your landlord what the problem is – this is known as giving notice of repairs.

Your landlord is then allowed a ‘reasonable’ amount of time to fix the problem. The amount of time your landlord is allowed depends on the situation. If you have been left without hot water, heating or there is a serious water leak, then a repair should be carried out as a matter of urgency. For more minor repairs, a reasonable amount of time might be up to three months.

If a reasonable amount of time has passed and your landlord still has not done anything, then you can sue your landlord for a housing disrepair. This also applies if your landlord has attempted a repair but it was performed to a poor standard, meaning you are still living with the issue.

Get a free assessment of your claim

When you sue your landlord for a housing disrepair, it is known as a ‘housing disrepair claim’. It can be hard to know if you have grounds to make a housing disrepair claim, especially if your landlord is saying that they are not responsible for the repairs.

Contact us at Ashmans Solicitors to find out if you can make a housing disrepair claim. We offer everyone a free assessment. You can confirm whether you can sue your landlord, without having to pay for legal advice.

Our housing disrepair solicitors are experienced lawyers and can explain your options free of charge. Call us on 0333 009 6275, email enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.

It is likely that you can make a housing disrepair claim if you answer ‘yes’ to the following questions:

  • Is your rental property in a state of disrepair?
  • Is your landlord responsible for the repair?
  • Have you notified your landlord about the disrepair?
  • Has your landlord failed to do anything about the disrepair?
  • Are you still renting the property?

No win, no fee housing disrepair claims

If you have grounds for a housing disrepair, we will run your case on a no win, no fee basis. This provides total financial protection – something which will understandably be very important to you. We will explain no win no fee agreements to you in more detail when you contact us for a free assessment of your claim. In short, it means that you do not have to pay our legal fees unless your claim succeeds.

Is it worth suing my landlord?

No tenant should have to live in a property that is not fit for human habitation. You have rights as a tenant and you should exercise them. There are lots of rogue landlords out there, as well as landlords who are simply incompetent. If your landlord is refusing to repair the problem, or is failing to repair the problem to a reasonable standard, then you should not stand by and let that happen. Remember, you are paying rent to live there and you should expect the property to be maintained in return. Even if your landlord is being ‘nice’, you still have the right to live in a property that it fit for human habitation. You should not have any qualms about pursuing legal action, if it is your right to do so. Will I be evicted if I sue my landlord ?

Suing your landlord allows you to recover compensation for your damaged possessions, your injuries (if any), the inconvenience and your financial losses. The court can also force your landlord to carry out a repair within a certain amount of time. So, it is well worth suing your landlord: not only can you recover all (or some of) your rent, you can also get the problem fixed once and for all. Sometimes, going down the legal route of suing your landlord is the only way to achieve this outcome. If you choose a solicitor who acts on a no win, no fee basis, then you do not pay any legal fees unless your claim succeeds. Therefore, you have nothing to lose.

Can I sue my landlord UK solicitors?

We want to hear from you if you live in England or Wales and you answer ‘yes’ to the following questions:

  • Is your rental property in a state of disrepair?
  • Is your landlord responsible for the repair?
  • Have you notified your landlord about the disrepair?
  • Has your landlord failed to do anything about the disrepair?
  • Are you still renting the property?

You could be in a position to sue your landlord. Contact us at Ashmans Solicitors for a free assessment of your claim. Or read more about what to do if your rental property is in disrepair.

Do you have a housing disrepair claim? Find out now

For a free initial enquiry, call us on 0333 009 6275, email enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.