What is housing disrepair?

Q: What is housing disrepair

It puts an obligation on a landlord to keep in repair & proper working order - the structure and exterior of the dwelling house and the installations of the dwelling-house

Housing disrepair refers to the failure of a landlord to maintain a property in good repair as stipulated by Section 11 of the Landlord and Tenant Act 1985, which applies to all residential tenancies in England of less than seven years.

In summary, it puts an obligation on a landlord to keep in repair & proper working order:

The structure and exterior of the dwelling-house, including drains gutters and external pipes
The installations of the dwelling-house that supply water, gas, electricity and sanitation (which includes basins, sinks, bath and sanitary fittings)

What Constitutes Disrepair?

Check out our interactive disrepair map below for some examples of common disrepair issues:

How C7 Surveyors can help

As experts in the field of Housing Disrepair we review case law and relevant texts to ensure we prepare accurate evidence in our reports. Click on the link below to learn about our services.

C7 Surveyors Housing Disrepair Services

Typical Housing Disrepair Issues

(click on the various elements for more information)

	
	DrainPipe
Chimney
Roof
Window
External Wall
Bathroom
Kitchen
Ground Floor Walls

							Housing Disrepair
								
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										pain with
										SVGs?
									
									Is Blake
										real or
										from the
										Matrix?
									
									Why
										
											is Diaco's
											code so
											awesome?
										
										Chimney
									
 Cracked and poorly pointed chimneys 

										Drainpipe
									
Defective and missing drainpipes and rainwater goods

										Window
									
Failed double glazing, condensation

										Roof
									
Broken and missing roof tiles

										External Wall
									
 Ceiling leak from external wall 

										Bathroom
									
Leaks, mould

										Kitchen
									
Typical issues include leaks, mould, vermin infestation

										Ground Floor Walls
									
 Rising damp and wood root 

                        Chimney
                    
 Cracked and poorly pointed chimneys 

                        Drainpipe
                    
Defective and missing drainpipes and rainwater goods

                        Window
                    
Failed double glazing, condensation

                        Roof
                    
Broken and missing roof tiles

                        External Wall
                    
 Ceiling leak from external wall 

                        Bathroom
                    
Leaks, mould

                        Kitchen
                    
Typical issues include leaks, mould, vermin infestation

                        Ground Floor Walls
                    
 Rising damp and wood root

Landlord’s Obligations Under Section 11

Section 11 imposes the following repair obligations on landlords:

Structure and Exterior

The landlord is responsible for the repair and maintenance of the property’s structure and exterior, including the roof and skylights, external walls and joinery (such as windows, doors, and external woodwork), floor joists and internal partitions, ceilings, walls, and floors (in flats and apartments), as well as paths, stairs, bannisters, and staircases.

Case Law:

Irvine’s Estate v Moran (1991): Failure to maintain external joinery, such as woodwork, and neglecting to paint it to prevent rot, is considered disrepair. This case also reinforced that external joinery must be properly maintained to prevent rot.
Hannon v Hillingdon Homes Ltd (2012): Staircases and bannisters are part of the structure that must be maintained.
Grand v Gill (2011): Plaster is considered part of the structure, but superficial cracks that don’t result from damp or water damage are not considered disrepair.

Installations

Landlords must also maintain installations that provide essential services to the property, including water and gas supply systems, electrical wiring and heating systems (such as boilers, radiators, and hot water systems), and sanitary fittings (such as basins, sinks, baths, and toilets).

Case Law:

Section 11 obligations extend to centralised installations in properties like high-rise blocks, where repairs to communal heating systems, for example, are the landlord’s responsibility, particularly in tenancies entered after 15 January 1989.
D R v Southwark LBC (2014): Confirmed that saturated plaster caused by condensation, when containing hygroscopic salts, is considered damaged beyond recovery.

Flats and Apartments For flats and apartments, the landlord's obligations extend to the maintenance of external walls, internal and external party walls, ceilings and floors (between flats), and the roof (including terraces, except for tiled surfaces).

Case Law:

Section 11 obligations extend to centralised installations in properties like high-rise blocks, where repairs to communal heating systems, for example, are the landlord’s responsibility, particularly in tenancies entered after 15 January 1989.
D R v Southwark LBC (2014): Confirmed that saturated plaster caused by condensation, when containing hygroscopic salts, is considered damaged beyond recovery.

Fitness for Human Habitation

The Homes (Fitness for Human Habitation) Act 2018 came into force in March 2019 and introduced a significant update to housing standards by requiring landlords to ensure that their properties are fit for human habitation. This legislation applies to both new and existing tenancies, strengthening tenant rights and providing an additional legal framework for tenants to challenge unsafe living conditions.

Under the Act, a property is considered unfit for human habitation if it fails to meet certain criteria related to health and safety. Some of the key conditions that can make a property unfit for habitation include:

Serious issues with dampness and mould: Where damp conditions affect the health and well-being of the tenant, particularly where it may cause respiratory issues.
Defective heating and hot water systems: Where tenants are left without adequate heating or hot water for extended periods, creating an unacceptable living environment.
Structural or serious disrepair: Properties with substantial defects, such as unsafe structural elements or persistent issues that affect the habitability of the dwelling, including damage to walls, ceilings, or floors.
Inadequate sanitation and plumbing: Where essential sanitation facilities (e.g., toilets, baths, sinks) are not in proper working order or the plumbing systems are unsafe or defective.
Poor ventilation: Where insufficient airflow or ventilation leads to unsafe or unhealthy living conditions..

This Act builds on Section 11 of the Landlord and Tenant Act 1985, but it also empowers tenants to take legal action against their landlord directly if the property is deemed unfit for human habitation. The Act serves to protect tenants from living in properties where their health, safety, or well-being is compromised.

Disrepair in Wales

In Wales, the legal framework for housing disrepair has shifted with the introduction of the Renting Homes (Wales) Act 2016, which came into effect on 15 December 2022. This Act consolidates and simplifies the laws governing the renting of homes in Wales and includes similar obligations for landlords to maintain the property in good repair and ensure it is fit for human habitation.

Under the Renting Homes (Wales) Act, landlords must:

Keep the property in good condition, including its structure and exterior.
Maintain essential installations such as plumbing, heating, and electrical systems.
Ensure the property meets minimum health and safety standards for tenants.

Differences in Wales:

The Renting Homes (Wales) Act extends to all residential properties, with a focus on the health and safety of tenants.
It introduces new legal requirements for landlords to keep properties fit for human habitation, addressing issues such as damp, heating failures, structural defects, and ensuring overall health and safety standards are met for tenants.
It applies to all tenancies in Wales, irrespective of tenancy length, and replaces previous tenancy agreements with the new occupation contract.

Contact us

At C7 Surveyors, we have extensive experience in housing disrepair, with a deep understanding of the relevant legislation. Whether dealing with disrepair claims in England or Wales, our expert team can ensure your clients receive fair and timely resolutions.

Glossary of Terms

'dwelling-house'
The is the building or part of building that is let to the tenant.

‘keep in repair’ is a continued obligation to keep up the standard of repair throughout the duration of the tenancy.‘

'structure and exterior’ is the elements of the dwelling which give it its essential appearance, stability and shape.

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