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Housing Disrepair — No Win No Fee

England & WalesLast reviewed 18 September 2026

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.

Specific Housing Disrepair Guides

Awaab's Law Explained

Awaab's Law requires social landlords in England to act on damp, mould and other serious hazards within fixed deadlines: emergencies within 24 hour…

Read more

Damp and Mould Claims

If damp or mould in your rented home is caused by disrepair or makes it unfit to live in, you can claim against your landlord for repairs and compe…

Read more

Private Landlord Repairs Claims

A private landlord must keep the structure, exterior and key installations in repair and ensure the home is fit for human habitation.

Read more

Council and Housing Association Disrepair Claims

Council and housing association tenants can claim for disrepair in the same way as other tenants, and since 27 October 2025 social landlords in Eng…

Read more

Frequently Asked Questions

Can I claim for housing disrepair on no win no fee?

Yes. Housing disrepair claims are commonly handled on a no win no fee (CFA) basis. If your landlord has failed to carry out necessary repairs despite being notified, a solicitor can pursue a claim for compensation and an order requiring repairs.

What is the landlord's obligation to repair?

Under the Landlord and Tenant Act 1985 (s.11), landlords of residential properties let for less than 7 years have a statutory obligation to keep in repair the structure and exterior, installations for water, gas, electricity, and sanitation, and installations for space and water heating.

Do I need to notify my landlord of disrepair?

Yes. The landlord's obligation to repair is triggered by notice — they must be made aware of the disrepair before they can be held liable. You should report all repairs in writing (email, letter, or via the landlord's portal) and keep copies as evidence.

What compensation can I receive?

Compensation may include general damages for inconvenience and discomfort (typically 25%–50% of the rent for the period of disrepair), special damages for damaged belongings, medical evidence-supported damages for health impacts (e.g., respiratory conditions from damp and mould), and the cost of alternative accommodation if necessary.

What about the Homes (Fitness for Human Habitation) Act 2018?

This Act (amending the Landlord and Tenant Act 1985) gives tenants a direct right to take legal action if their rented home is unfit for human habitation. It applies to new tenancies from 20 March 2019 and existing tenancies from 20 March 2020. It covers 29 hazards including damp, excess cold, and structural instability.

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What Is No Win No Fee?

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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.

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.