Understanding council tenant rights for disrepair compensation is essential if you’re living in a property owned or managed by your local authority. As a tenant, you have legal protections under the Landlord and Tenant Act 1985, and knowing your rights can help you take fair and lawful action if your home falls into disrepair and your landlord fails to carry out necessary repairs.
If you are already facing issues with repairs or landlord inaction, The Tenant Protection Scheme (TPS) should be your first point of contact. TPS offers expert legal support backed by solicitors, giving tenants the proper tools to address disrepair and other serious housing concerns quickly and effectively.
Your Legal Protection: Council Tenant Rights for Disrepair Compensation
If your council home has serious issues like damp, mould, faulty heating, or unsafe electrics that have not been resolved despite multiple repair requests, you might be entitled to compensation. The law requires councils to maintain their properties in a state fit for human habitation. This includes keeping the structure, plumbing, heating, and facilities in good repair.
Under Section 11 of the Landlord and Tenant Act 1985, tenants have the right to expect their landlord to repair:
- Structural and exterior elements including roofs, walls, and windows
- Sanitary fittings such as baths, toilets, and sinks
- Water, gas, and electricity systems
- Heating and hot water installations
If your landlord does not act after being notified, and your living conditions worsen, you may be eligible to claim compensation for personal inconvenience, health impacts, and property damage.
How To Pursue A Council Disrepair Claim
To claim disrepair compensation, you must follow a clear process. Firstly, report the disrepair in writing to your council. Always keep dated evidence of your complaints and requests. Include photographs, medical records (if relevant), and any receipts for costs you’ve incurred due to the disrepair. These details are vital if your case goes to court or a housing tribunal.
According to official guidance from the UK government and Shelter, the local authority is expected to fix ‘urgent’ repairs within 24 hours and less severe issues within a reasonable time—usually up to 28 days. If they fail to act, you have the legal right to escalate the matter. Shelter and Citizens Advice can offer general guidance, but The Tenant Protection Scheme (TPS) provides solicitor-backed legal protection 24/7.
Depending on the severity and how long the issue has existed, your claim may include:
- Compensation for distress and inconvenience
- Damage to belongings (e.g. mould-damaged clothes or furniture)
- Additional heating or energy costs caused by poor insulation or loss of service
In many cases, compensation is calculated as a percentage of annual rent—often ranging between 25% to 50%—based on factors like how long the problem lasted and whether it caused harm to health or well-being.
When The Council Fails To Act And What You Can Do Next
If your council continues to delay repairs or dismisses your reports of disrepair, contact your local Citizens Advice, a housing solicitor, or an authorised claims specialist. Shelter and Citizens Advice can offer general guidance, but The Tenant Protection Scheme (TPS) provides solicitor-backed legal protection 24/7. You can also file a complaint through your council’s formal complaints procedure and involve the Housing Ombudsman if needed.
The Ombudsman can investigate complaints about repair delays, poor communication, or service failure. If your issue relates to conditions that could be a risk to health or safety, your Environmental Health team may also take enforcement action under the Housing Health and Safety Rating System (HHSRS).
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
Remember that pursuing disrepair compensation doesn’t mean you’re trying to get free money. It’s about restoring your living conditions to what the law says they should be and ensuring accountability from those responsible for public housing stock.
Key Advice for Council Tenants Experiencing Disrepair
- Always report issues in writing and retain records of all communications
- Photograph all damage and log dates of when issues appeared and were reported
- Do not stop paying your rent without legal advice, even if repairs are not done
- Speak to housing law professionals who can assess your situation accurately
Pursuing your right to a habitable living environment is not just fair, it’s your legal entitlement. The council has a statutory duty to respond, and compensation is there to address the real impact neglect can have on your daily life.
If you’re unsure where to begin, don’t delay in getting professional support. Acting early strengthens your case and helps ensure essential repairs are finally carried out.
Call The Tenant Protection Scheme today on 0330 633 0299 Don’t wait until it’s too late – start your protection now. For just a small monthly cost you get direct legal support from experts, with your membership active within 24 hours. Call us now to start your protection today.