If your council property has serious maintenance issues, knowing how to file a council tenant disrepair claim can make all the difference in getting repairs done quickly and fairly. Disrepair in social housing can severely affect your health and safety, and the law gives you specific rights to demand action from your landlord — in this case, the council or a housing association. The Tenant Protection Scheme (TPS) offers immediate legal support for tenants facing such situations, ensuring your rights are upheld from the start.
Understanding When You Can File a Council Tenant Disrepair Claim
Council tenants are protected under the Landlord and Tenant Act 1985, which legally requires public landlords to keep the property in a safe and liveable condition. You are entitled to report and claim for disrepair if your council home has:
- Damp, mould, or severe condensation
- Broken heating or unsafe electrics
- Leaking pipes or roofs
- Dangerous structural damage
- Broken windows, doors, or locks affecting security
In most cases, you must have previously reported the issue to your landlord and given them reasonable time to fix it. If they failed to act, you may be eligible to file a disrepair claim.
Your Legal Rights Under UK Housing Law
Under Section 11 of the Landlord and Tenant Act 1985, public landlords must repair and maintain the structure and exterior of the property. This includes plumbing, heating, and communal areas. If they breach this duty, you have the right to seek legal remedy — not only to force the repairs but possibly to receive compensation for any distress or financial loss.
In addition, guidance from the Housing Ombudsman reinforces the principle that social landlords must respond to repair issues promptly and communicate clearly with tenants. Failing to do so is considered maladministration.
How To File Council Tenant Disrepair Claim the Right Way
Filing a claim properly increases your chance of success. Here is how to do it step by step:
- Report the disrepair formally. Always notify your local council or housing association in writing, whether by email or an official repair report. Keep a copy of every communication.
- Document the issue. Take time-stamped photographs or videos, collect repair logs or maintenance visits, and keep all written responses from the Council.
- Request an inspection. In many cases, you can ask the Environmental Health Department to visit your home for a Housing Health and Safety Rating System (HHSRS) assessment. Their report adds weight to your case.
- Wait the standard response period. The landlord usually has 21 days to respond. If they ignore your request, you may proceed to the next step.
- Seek legal assistance. Although legal aid is limited, certain tenant support schemes or solicitors operating on a no-win-no-fee basis may take on your disrepair claim.
- File the claim officially. If informal efforts fail, your solicitor can issue court proceedings. This usually compels the Council to fix the disrepair and may result in compensation for the inconvenience or health effects.
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).
Things to Consider Before Making a Claim
Although it’s your right to seek repairs, it is essential to follow the correct legal procedure. Courts can reject disrepair claims if the landlord wasn’t given a chance to fix the issue, or if you caused the damage yourself. Make sure you’ve genuinely exhausted all communication with the landlord before proceeding legally.
Also, remember that compensation won’t always be substantial. It typically reflects the time you had to tolerate the disrepair and the severity of the issue. However, the court will often also require the landlord to carry out the necessary repairs.
In some cases, especially where there is a health risk — such as black mould affecting children — the Council may face enforcement from your local Environmental Health team. This could run alongside your disrepair claim.
Support Schemes and Further Protection for Council Tenants
Tenants often face challenges going up against council and housing association landlords alone. Fortunately, membership-based protection schemes exist to give you immediate legal support. These services guide you throughout the claim process, ensuring your legal rights are respected and helping you avoid mistakes that could harm your case.
Handling a repair dispute with the Council can be stressful and time-consuming, but with help from professionals and a clear understanding of your rights, the process becomes far more manageable.
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.