For tenants across England and Wales, the question of whether you can take legal action against your landlord for failing to maintain a property is an important one. As a tenant, you have the legal right to live in a property that is safe, secure, and in a reasonable state of repair. When landlords neglect these duties, tenants may suffer health problems, property damage, and disruption to their daily lives.
At Blackstone Solicitors, we regularly advise tenants on their rights and options when landlords fall short of their legal responsibilities. This article outlines the circumstances under which you may be able to sue your landlord for disrepair or lack of maintenance, what your legal rights are, and how the process works.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Property Litigation, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Are a Landlord’s Legal Responsibilities?
Landlords in England and Wales are legally required to maintain their rental properties to a reasonable standard. The key obligations are set out in various pieces of legislation, most notably:
- The Landlord and Tenant Act 1985
- The Homes (Fitness for Human Habitation) Act 2018
- The Housing Health and Safety Rating System (HHSRS)
Under these laws, landlords are typically responsible for:
- Keeping the structure and exterior of the property in good repair (including walls, roof, windows, and doors)
- Ensuring that installations for the supply of gas, electricity, heating, water, and sanitation are in proper working order
- Addressing issues such as damp, mould, or leaks that arise from structural problems or poor maintenance
- Making sure the property is free from serious hazards that could affect the health or safety of the tenants
Landlords must also comply with specific health and safety standards, such as ensuring smoke and carbon monoxide alarms are installed, and that gas appliances are regularly serviced by a qualified engineer.
What Counts as a Breach of Maintenance Obligations?
If your landlord fails to carry out necessary repairs or to keep the property in a habitable state, this could amount to a breach of their legal obligations. Common examples include:
- Persistent damp or mould due to leaking roofs or poor ventilation
- Broken boilers or faulty heating systems
- Leaking pipes or faulty plumbing
- Infestations of pests such as rats or mice caused by disrepair
- Unsafe electrical wiring or defective installations
- Cracked walls, broken windows, or structural instability
- A lack of hot water or adequate washing facilities
It is important to note that landlords are only required to make repairs when they are made aware of the problem. Tenants must therefore notify their landlord or letting agent of any issues in writing as soon as they arise.
Can I Sue My Landlord?
In many cases, yes — you may be able to bring a legal claim against your landlord if they fail to meet their repair obligations and this causes you harm, inconvenience, or financial loss.
There are three main types of legal claims that tenants may consider:
- Breach of Tenancy Agreement
Most tenancy agreements contain express or implied terms that require the landlord to keep the property in a good state of repair. If the landlord fails to do so, they are in breach of contract. You may be able to claim compensation for any losses or inconvenience you have suffered as a result.
- Statutory Breach – Fitness for Human Habitation
Under the Homes (Fitness for Human Habitation) Act 2018, tenants have the right to live in a property that is safe, healthy, and free from hazards. If the property is unfit for human habitation due to poor maintenance or disrepair, you may have grounds for legal action. The Act applies to most tenancies in England.
- Negligence or Personal Injury Claims
If you or a member of your household has been injured as a result of your landlord’s failure to maintain the property — for example, due to a fall caused by a broken step or respiratory issues from mould — you may be able to sue for negligence or make a personal injury claim.
What Can I Claim For?
If your landlord has failed to maintain the property and you suffer loss as a result, you may be entitled to:
- Compensation for distress and inconvenience
This includes the impact on your quality of life, discomfort, and loss of enjoyment of your home. - Reimbursement for financial losses
This may include damage to personal belongings (such as clothes, furniture, or electronics damaged by leaks or damp) or additional costs incurred (such as higher heating bills or temporary accommodation expenses). - Repairs or works to be completed
You may be able to apply to the court for an order requiring your landlord to carry out the necessary work. - Personal injury compensation
If you have suffered physical or mental harm due to your landlord’s negligence, you may be able to claim damages for pain, suffering, and related medical costs.
How Do I Take Legal Action?
Before suing your landlord, you must usually follow a series of steps:
- Report the Problem
Notify your landlord in writing as soon as you notice a repair issue. Be specific about the problem and request that they take action within a reasonable timeframe. Keep a copy of all correspondence.
- Allow Reasonable Time for Repairs
Landlords are entitled to a reasonable period of time to investigate and address the issue. What is “reasonable” will depend on the nature and severity of the problem — urgent issues like heating failure in winter must be addressed more quickly.
- Gather Evidence
If the problem persists, gather evidence to support your case, such as:
- Photos or videos of the disrepair
- Copies of written complaints or reports
- Medical reports if your health has been affected
- Invoices for damaged belongings or increased living expenses
- Seek Legal Advice
If your landlord fails to act, or if the problem is serious, consult a solicitor experienced in property litigation. At Blackstone Solicitors, we can assess your case, advise you on the strength of your claim, and explore your options for legal redress.
- Pursue Legal Remedies
If negotiation fails, your solicitor may issue proceedings in the County Court. The court may award compensation, order repairs, or both. In some cases, tenants may also apply to the local authority for enforcement action or refer the matter to the Housing Ombudsman.
Can I Be Evicted for Suing My Landlord?
Some tenants worry that complaining or taking legal action might lead to eviction. While this concern is understandable, the law provides some protection:
- Under the Deregulation Act 2015, landlords in England cannot serve a Section 21 notice (no-fault eviction) in retaliation for a legitimate complaint about disrepair if the local authority has served an improvement notice.
- If you are facing eviction or intimidation, seek legal advice immediately. Any attempt to evict you unlawfully may itself be grounds for legal action.
When to Involve a Property Litigation Solicitor
If you are struggling with poor conditions, repeated disrepair, or an unresponsive landlord, engaging a solicitor can make a significant difference. At Blackstone Solicitors, our property litigation team can:
- Evaluate your legal position and determine whether you have grounds to sue
- Handle communication with your landlord or letting agent
- Gather evidence and prepare your case
- Represent you in court or settlement negotiations
- Pursue compensation and ensure repairs are carried out
Conclusion
You have the right to live in a safe, well-maintained home. If your landlord fails in their duty to keep the property in repair, and you suffer as a result, you may be entitled to take legal action. This could include suing for compensation, seeking a court order for repairs, or making a personal injury claim.
At Blackstone Solicitors, we offer expert advice and representation to tenants across England and Wales. Whether you are dealing with persistent disrepair, health hazards, or neglectful landlords, we are here to protect your rights and secure the outcome you deserve.
If you believe your landlord has failed to maintain your property, contact our property litigation team today for a confidential consultation.
How we can help
We have a proven track record of helping clients deal with the legal aspects of Property Litigation. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of property litigation services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/commercial-litigation/
How to Contact Our Property Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of Property litigation. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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