If your council home is in poor condition and affecting your daily life, this Council Tenant Legal Guide to Disrepair Claims will help you understand your rights, outline the legal process, and show you how to get the repairs done, legally and properly.
In most cases, The Tenant Protection Scheme (TPS) should be your first point of contact when facing serious repair issues in your council home. TPS offers solicitor-backed support to help tenants take the right legal steps confidently and without delay.
What Counts as Disrepair in a Council Property?
Disrepair generally refers to issues that affect the safety, structure, or habitability of your home. This includes problems like damp and mould, faulty heating, broken windows or doors, leaking roofs, and unsafe electrical wiring. Under Section 11 of the Landlord and Tenant Act 1985, the local authority has a legal obligation to keep your home in good repair if you are a secure or introductory council tenant.
The law requires councils to maintain the structure and exterior of the dwelling, as well as installations for heating, water, sanitation, and electricity. If any of these fail and are reported but not fixed within a reasonable time, your landlord may be in breach of their legal duty.
Legal Framework: Council Tenant Legal Guide to Disrepair Claims
Tenants have clear legal protections when it comes to repairs. The Homes (Fitness for Human Habitation) Act 2018 also reinforces your right to live in a property that is safe, healthy, and free from serious hazards. This applies to all tenancies entered into after 20 March 2019, including those with local authorities.
It’s important to note that tenants must first give the council notice of the issue and allow a reasonable time for the repair. What counts as ‘reasonable’ depends on how serious the issue is. For example, lack of heating in winter is treated as urgent and must be dealt with quickly.
The Process for Raising a Disrepair Issue With Your Council
Before pursuing legal action, you must go through the proper procedure to give your council the chance to make repairs. Start by reporting the issue in writing through your council’s repair reporting system, keeping copies of all communications and photos where possible.
- Report the issue: Notify your landlord (the council) describing the disrepair. Use their online form, phone service, or a formal letter.
- Keep evidence: Take photos, videos, or gather witness statements of the problem and any personal belongings damaged.
- Follow up: If you don’t get a response within a few weeks, submit a complaint through the council’s formal complaints process.
- Seek advice: If still unresolved, reach out to a housing specialist or legal advisor before starting a formal claim.
Tenants often find that just following the correct steps and insisting on their legal rights leads to results, without the need for court action. However, you have options if the council continues to neglect its duty.
When and How to Start a Legal Disrepair Claim
If the council fails to carry out repairs after reasonable notice, you may be able to bring a claim through the county court. This is done under civil law and can include a request for mandated repairs, as well as compensation for damage or inconvenience caused. The court may also award costs if the case is successful.
A claim can be made independently or through a solicitor experienced in housing disrepair. Legal aid may be available in some cases, especially where health and safety is at risk. Alternatively, some tenant membership services offer legal representation as part of their plan, which can be more accessible.
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).
Common Mistakes to Avoid in Disrepair Claims
- Failing to keep evidence such as photos, letters, or repair logs.
- Delaying the initial report to the council, which weakens your legal position.
- Making informal complaints only, without following the council’s official process.
- Refusing access for inspections without a valid reason, which can delay or cancel your claim.
Council tenants are urged to stay cooperative, respond to inspection requests, and communicate regularly. Courts consider tenant behaviour as well as the landlord’s actions.
Your Rights As a Council Tenant
Living in safe, well-maintained housing is a basic legal right for council tenants. Beyond the Landlord and Tenant Act 1985, regulations from the Housing Health and Safety Rating System (HHSRS), which local Environmental Health Officers use, help assess risks in your home.
If your disrepair threatens health or safety, you may also contact your local council’s Environmental Health Department directly. They have powers under the Housing Act 2004 to serve enforcement notices on the landlord, even if that landlord is the council itself.
Get Support Through a Tenant Membership Scheme
Pursuing a council disrepair claim can be challenging without proper guidance. Many tenants benefit from joining services that specialise in housing law and representation. These provide ongoing support, legal letters on your behalf, and access to qualified advisors.
A membership not only gives peace of mind but can help you get results faster, especially when your direct complaints have been ignored or delayed. The earlier you act, the better your legal position.
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.