Disrepair
Quick answer
A property condition falling below the landlord’s repairing obligations under Section 11 of the Landlord and Tenant Act 1985 or the Homes (Fitness for Human Habitation) Act 2018. Tenants can sue for damages and specific performance. Disrepair is not in itself a defence to a possession claim, but a damages counterclaim can be set off against rent arrears — which can drop the arrears below the Ground 8 threshold — and it weighs against the landlord on the reasonableness test for discretionary grounds.
At a glance
- Law
- Landlord and Tenant Act 1985 s.11; Fitness Act 2018; DHS
- Remedies
- Damages + specific performance
- Possession impact
- A valid disrepair claim defends against possession
Full guide
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Open full guideWhy Disrepair matters for landlords
Disrepair is both a direct civil claim (tenant sues landlord) and a defence tool (tenant blocks possession) — which is why it is the single most weaponised concept in tenancy litigation. Repairs that were obvious at check-in but not documented become disputed later, and a 5-minute inventory video at move-in would have resolved most of them. Under the Homes (Fitness for Human Habitation) Act 2018 the tenant does not need to involve the council first.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Landlord and Tenant Act 1985 (Section 11)
The cornerstone repair-obligation statute for residential lets in England and Wales. Section 11 implies into every short-term residential tenancy a landlord obligation to keep in repair the structure and exterior of the property, and to keep in repair and proper working order the installations for water, gas, electricity, sanitation, space heating and water heating. Cannot be contracted out of. Breach is the basis for tenant disrepair claims and Awaab’s Law SLA enforcement under the Renters Rights Act 2025.
Decent Homes Standard (DHS)
A government standard for minimum housing quality: free of Category 1 HHSRS hazards, in a reasonable state of repair, with reasonably modern facilities and reasonable thermal comfort. It currently applies to social housing. The Renters’ Rights Act 2025 provides the power to extend it to the private rented sector, but the regulations have not been made — the Government’s implementation roadmap proposes 2035 or 2037, so it is not a duty on private landlords today.
Article 4 Direction
A planning tool councils use under article 4 of the Town and Country Planning (General Permitted Development) Order 2015 to remove permitted-development rights, most commonly the right to convert a single-family home (Use Class C3) into a small HMO (Use Class C4) without planning permission. In an Article 4 area, every C3 → C4 conversion needs a full planning application, and operating without it can trigger an enforcement notice, a planning contravention notice or a refusal of HMO licence.
Banning Order
A court order under Part 2 of the Housing and Planning Act 2016 banning a person convicted of certain housing offences from letting property, engaging in lettings agency work or holding an HMO licence. Triggered by a banning-order offence (Schedule 1 of the Act): includes serious housing-condition offences, illegal eviction and unlawful HMO operation. A banned landlord is added to the national database of rogue landlords and breach of the order is itself a criminal offence with up to 51 weeks’ imprisonment.
Civil Penalty Notice
A financial penalty up to £30,000 a local housing authority can impose as an alternative to criminal prosecution under the Housing and Planning Act 2016, the Housing Act 2004 (HMO offences) and various tenancy offences. Common triggers: failure to comply with an Improvement Notice, breach of HMO licensing, unlawful eviction, breach of selective licensing or letting an unsafe property. The landlord can appeal to the First-tier Tribunal within 28 days; unpaid penalties are recoverable in the County Court.
Council Tax
The tax charged on residential property by the local authority. Tenants are usually liable while the property is let as their main residence. Landlords become liable during void periods and for most HMOs (where each tenant has their own AST).