Disrepair
A property condition falling below legal standards under Section 11 of the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018 or the Decent Homes Standard. Tenants can sue for damages and specific performance, and a valid disrepair claim is a complete defence to a possession claim.
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
Read the complete landlord guide on Disrepair
Deadlines, fines and step-by-step compliance in our in-depth resource.
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.
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
Decent Homes Standard (DHS)
A government standard for minimum housing quality, extended to the private rented sector by the Renters Rights Act 2025. Properties must be free of Category 1 HHSRS hazards, in a reasonable state of repair, have reasonably modern facilities and provide reasonable thermal comfort.
Awaab's Law
Provisions extending to the private rented sector under the Renters Rights Act 2025 that set strict timescales for landlords to investigate and remedy hazards such as damp and mould. Named after Awaab Ishak. Breach can lead to tenant compensation and enforcement by the local housing authority.
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).
Fitness for Human Habitation
The standard set by the Homes (Fitness for Human Habitation) Act 2018. Every rented home must be fit for habitation at the start of the tenancy and throughout. Tenants can sue the landlord directly for breach, without involving the local authority.
Ground Rent
A payment due from a leaseholder to the freeholder. Ground rents on long leases granted on or after 30 June 2022 are capped at a peppercorn (effectively zero) under the Leasehold Reform (Ground Rent) Act 2022.
HHSRS (Housing Health and Safety Rating System)
The risk-assessment framework used by local authorities to judge whether housing is safe. It scores 29 categories of hazard, from damp and mould to falling on stairs. Category 1 hazards are the most serious and trigger enforcement powers including Improvement Notices and Prohibition Orders.