If the council have failed to provide safe housing and it has resulted in an injury or illness, you could be entitled to make a council housing disrepair claim.
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Council Housing Disrepair Claims
If you live in a council property that has fallen into disrepair and resulted in an injury or illness, you may be able to make a council housing disrepair claim.
Local councils, like private landlords, have a legal duty to keep homes safe for tenants and in good working order. Common examples of housing disrepair include structural damage, damp, mould, pest infestations, leaks, water damage and faulty electrical wiring.
Unsafe or poorly maintained housing can cause more than discomfort and lead to stress, accidents and health issues. To find out if you may be entitled to make a claim for council housing disrepair, call 0800 470 0472 today for a free consultation or request a call back.
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What is council housing?
Council housing is a form of public housing provided by local authorities and rented at affordable prices to people who need it and cannot afford private housing.
For example, you are more likely to receive a council home if you are homeless, live in cramped conditions, or suffer from a medical condition that is made worse by your current home.
New council tenants are typically offered an introductory tenancy for 12 months as a trial period. After this, you automatically become a secure tenant and can usually remain in the property indefinitely as long as you don’t break the terms of the tenancy agreement.
What are the legal duties of landlords towards council tenants?
The landlord’s obligations are set out in the Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018, and other legislation. These include:
- Maintaining the property’s structure and exterior, including the walls, roof, floors, windows and doors.
- Keeping the home fit for human habitation, ensuring it is free from serious hazards such as damp, mould, cold or unsafe electrics.
- Carrying out essential and timely repairs of reported hazards and damage.
- Keeping installations such as gas, water and electricity in repair and properly working.
- Maintaining sanitary fittings like sinks, baths and basins, including drains and pipes.
- Ensuring common areas like gardens, pathways, hallways and stairwells are safe.
- Maintaining the heating systems and carrying out annual gas safety checks.
- Installing and maintaining smoke alarms on every storey and a carbon-monoxide alarm in any room with a fixed combustion appliance (except gas cookers), and repairing or replacing alarms once notified they are faulty.
- Providing tenants with contact details for emergencies.
- Addressing leaks, ventilation issues and structural faults to prevent damp, mould and pests.
From 27 October 2025, under Awaab’s Law, social landlords in England must meet strict timeframes for tackling emergency hazards and damp and mould hazards that present a significant risk of harm.
Current government guidance states that emergency hazards should be made safe within 24 hours, and that landlords should investigate and act on other hazards within set time limits, but the detailed legal requirements may be subject to change as the law is implemented.
Am I eligible to make a council housing disrepair claim?
Whether you live in social housing or have rented from a private landlord or a housing association, you may be eligible to claim compensation if the following can be proven:
- Your landlord owed you a legal duty of care.
- They failed to uphold this duty, and your property has fallen into disrepair.
- The council was aware of the problem but failed to fix it within a reasonable time.
- You suffered harm as a result, such as a personal injury or damage to your belongings.
- You are within the legal time limit for making a claim.
A specialist housing disrepair solicitor can help assess the merits of your case during a free consultation over the phone.
How do I make a housing disrepair claim against the council?
If you are eligible to make a claim against the council, you can do so during your tenancy or after it ends. However, you must have proof that you previously reported the disrepair to your landlord during the tenancy, and they failed to act on it.
You must formally report the unsafe conditions to your council in writing and keep records of all your communication. You can also escalate the issue through the council’s formal complaints process and then to the Housing Ombudsman if it remains unresolved.
You should also take photos of the disrepair and keep a diary of how this has affected you and your family. If the disrepair issues have also caused an injury, you should have it diagnosed and treated by a doctor or other healthcare professional.
To start a claim for compensation, seek legal advice from a personal injury solicitor. If your case has merit, they will send a formal letter of claim to the council under the Pre-Action Protocol for Housing Conditions (England) 2018 and help you gather further supporting evidence.
What types of council housing disrepair could you claim for?
A council housing disrepair claim could arise from various types of unsafe or poor living conditions, including:
- Inadequate insulation, outdated windows or inefficient heating systems.
- Damp and mould caused by poor ventilation or leaks that can cause respiratory issues and affect your mental health.
- Faulty radiators, boilers and water heaters that leave you without heating or hot water.
- Structural damage, such as missing roof tiles, cracks in walls, leaking roofs or broken doors, can lead to accidents and security concerns.
- Electrical hazards such as exposed cables, broken sockets or unsafe wiring that can cause fires or electrocution.
- Pest infestations such as rats, insects or bed bugs.
- Any other health and safety violations that make your home uninhabitable or have caused you an injury.
What injuries could result from poor housing conditions?
Unsafe housing conditions can be more than an inconvenience. They can lead to injuries and serious health problems, such as:
- Respiratory problems such as asthma and bronchitis caused by damp or mould.
- Skin conditions such as eczema, rashes and infections caused by moisture, allergens or bed bug bites.
- Slip, trip and fall injuries such as sprains, strains and broken bones caused by leaks, faulty stairs or uneven floors.
- Carbon monoxide poisoning from faulty gas appliances or ventilation.
- Burns or electrocution from unsafe electrical wiring.
- Mental health issues such as stress, anxiety and depression from traumatic incidents or living in unsuitable housing for long periods.
If you suffered any harm because your local authority landlord failed to make repairs to your home, you could be entitled to make a personal injury compensation claim.
Could I be evicted for making a housing disrepair claim against the council?
No. Your council cannot lawfully evict you simply as a punishment for making a housing disrepair claim. As a secure tenant, you generally have a legal right to live in a safe, well-maintained property and to take legal action if your landlord fails to meet their duty of care.
You should not usually be evicted just because you complained or made a claim, but you must continue paying your rent and comply with your tenancy conditions. Failing to do so, or other valid legal grounds, could lead to lawful eviction.
What evidence do I need to support my claim?
You can use various types of evidence to start your claim and seek compensation for your housing disrepair. This could include:
- Photographs and videos of the disrepair, such as mould, leaks or structural damage.
- Medical records proving that you suffered an injury or illness due to the unsafe conditions.
- A copy of the complaint made to your landlord and any communication with the council.
- Statements from witnesses such as neighbours, visitors or family members.
- A copy of your tenancy agreement.
- Records of building inspections or any Housing Health and Safety Rating System (HHSRS) findings.
- Your testimony of how the disrepair has affected your life and daily activities.
- Receipts and other documents proving the financial impact of the disrepair on your life.
How much compensation could I claim for housing disrepair?
The amount of compensation you could receive if you make a successful claim will depend on the type and extent of the disrepair. Your claim could include the following losses:
- The distress, inconvenience and disruption to your life caused by the disrepair.
- The money you spent on repairs or higher utility bills.
- Loss of earnings if you had to take time off work due to an injury or to deal with repairs.
- Damage caused to your personal belongings, such as clothes or furniture.
- Medical expenses for injuries or health conditions caused by the poor housing conditions.
- Any other out-of-pocket expenses and financial losses incurred as a result.
You can also claim compensation for any injury or illness caused by the disrepair. You can get an estimate of how much you could claim for the harm you suffered by using our free personal injury compensation calculator.
Can I make a council housing compensation claim on a No Win No Fee basis?
Yes. If you may be entitled to compensation for an injury or illness caused by council housing disrepair, the solicitors we work with can represent you on a no win no fee basis, which means that:
- You do not have to pay them any legal costs upfront.
- If your claim fails, you won’t have to pay them for their work.
- If you win, your solicitor is entitled to a success fee deducted from your compensation (capped at 25% of the compensation for your past losses and the injury itself, not including any future losses).
What is the time limit for making a council housing disrepair claim?
In most cases, you have up to six years to make a housing disrepair claim against the council for the inconvenience and financial losses caused by the disrepair.
However, you generally have three years to claim for a personal injury caused by unsafe housing conditions. This usually starts from the date of your accident or from when your condition was diagnosed and linked to the disrepair, subject to certain exceptions.
Read more: What is the time limit for personal injury claims?
To find out if you may have a valid council housing disrepair claim, call 0800 470 0472 today for a free, no-obligation consultation with a legal adviser or request a call back.
