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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Council and Housing Association Disrepair Claims

England & WalesLast reviewed 18 September 2026

Council and housing association tenants can claim for disrepair in the same way as other tenants, and since 27 October 2025 social landlords in England must also meet Awaab's Law deadlines on damp, mould and other serious hazards. Complaints can go to the Housing Ombudsman, and a court claim is a separate route.

Complaint Route and Court Route

Direct Answer: You can use the landlord's complaints process and then the Housing Ombudsman, and separately bring a claim in the county court for disrepair. They are independent routes and can be used in parallel.

The Housing Ombudsman can order apologies, repairs and compensation, and is often quicker and cheaper than court, but its awards are typically modest compared with a successful legal claim. Because a complaint does not pause the limitation period, it is worth taking advice about the deadline while the complaint runs.

Awaab's Law for Social Tenants

Social landlords in England must act within Awaab's Law deadlines: emergency hazards within 24 hours, and significant hazards investigated within 10 working days, with a written summary and prompt repair work. Any missed deadline is strong evidence in a disrepair claim. Later phases extend the rules to further hazard types.

Building the Claim

Keep every report, letter, repair appointment and the landlord's response. Photograph the conditions over time, keep medical records if your health has suffered, and record damaged belongings. A surveyor's report is normally obtained through the Pre-Action Protocol process.

Frequently Asked Questions

Should I complain to the Ombudsman or make a legal claim?

They are separate routes and can be used together. The Ombudsman is free and can order repairs and compensation, while a court claim can recover more and force repairs. A complaint does not stop the time limit for a claim.

What if my housing association ignores repair requests?

Keep records of every request, escalate through their complaints procedure, and take advice about a disrepair claim, since delay is often the central complaint.

Does Awaab's Law apply to my council or housing association?

Yes for tenants of social landlords in England, since 27 October 2025, for the hazards it currently covers, beginning with damp and mould.

Can I get compensation as well as repairs?

Yes, potentially, for the period of disrepair, damaged belongings, extra costs and any illness with medical evidence, alongside an order that the work is done.

How long do I have to bring a disrepair claim?

A claim for breach of the landlord's repairing obligations is a contract-based claim with a six-year limit, but you should not wait, because the problem usually gets worse and you can only recover for the period you have suffered it. If the disrepair injured your health, a personal injury claim has a three-year limit from when you knew the illness was caused by the conditions.

Can I make a housing disrepair claim on a no win no fee basis?

Often, yes. Many solicitors take disrepair claims on a Conditional Fee Agreement, and the landlord can be ordered to pay a large part of your legal costs if you win. Because a claim can also force repairs to be done, ask whether they can seek an order for the work as well as compensation.

You May Also Be Interested In

Housing Disrepair

Claims against landlords for disrepair

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Awaab's Law Explained

Deadlines for social landlords on damp, mould and other hazards

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Damp & Mould Claims

Compensation for damp and mould in rented homes

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Private Landlord Repairs Claims

Claims by private tenants

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What Is No Win No Fee?

How CFAs work in England and Wales

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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 18 September 2026.

  1. 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.

  2. 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.

  3. 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.

  4. Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (SI 2025/1042)

    In force 27 October 2025 for social landlords in England. Emergency hazards must be dealt with within 24 hours; significant hazards must be investigated within 10 working days of the landlord becoming aware, a written summary given within 3 working days of the investigation, and non-emergency remedial work completed within 5 working days of the investigation ending. Later phases extend to more hazards.

  5. Housing Ombudsman Service

    Free, independent complaints service for tenants of social landlords. A complaint can lead to an apology, orders to repair or compensation but does not stop the limitation clock for a court claim.

  6. Pre-Action Protocol for Housing Conditions Claims (England)

    Sets the steps a tenant and landlord should follow before court: a letter of claim, the landlord's response, a joint inspection by an expert and a chance to settle or complete repairs.

  7. Landlord and Tenant Act 1985, s.11 (repairing obligations)

    In short lettings, the landlord must keep in repair the structure and exterior and installations for water, gas, electricity, sanitation, heating and hot water. The duty generally bites once the landlord has notice of the defect.

  8. Limitation Act 1980, s.5 (actions founded on simple contract)

    Six years for a claim founded on contract, which is the usual limit for a tenant's claim for breach of the landlord's repairing obligations, separate from the three-year limit for any personal injury claim.

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 18 September 2026. Next review due 18 March 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.

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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.

  1. 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.

  2. 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.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. 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
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
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.