A housing disrepair claim alleges that a landlord has not kept a home in repair or fit for human habitation. In England, the Pre-Action Protocol for Housing Conditions Claims expects the landlord to reply within 20 working days of the Letter of Claim, including a schedule of works with dates. Delivering those works, fixing the root cause and keeping evidence is the practical side of the response.
A housing disrepair claim alleges that a landlord has not kept a home in repair, or fit for human habitation. In England, the Pre-Action Protocol for Housing Conditions Claims expects you to reply within 20 working days of the Letter of Claim, with a schedule of works and dates. The legal response is a matter for you and your advisers; this guide covers the works side: the schedule, the access records and fixing the cause so the claim does not repeat.
What duties sit behind a disrepair claim?
- Section 11, Landlord and Tenant Act 1985: the landlord must repair the structure and exterior of the home. It must also keep the installations for water, gas, electricity, sanitation, and space and water heating in repair and working order.
- Fitness for human habitation: the Homes (Fitness for Human Habitation) Act 2018 inserted section 9A into the 1985 Act. A home must be fit for human habitation at the start of the tenancy and throughout it.
- Awaab's Law: since 27 October 2025, social landlords must meet fixed timescales for emergency hazards and significant damp and mould hazards. Tenants enforce those duties through contract claims. See Awaab's Law explained.
Whether a duty applies to a particular tenancy or defect is a legal question. Take advice on each claim.
What timescales does the Pre-Action Protocol set?
| Step | Timescale |
|---|---|
| Your response to the Letter of Claim, including a schedule of works with dates | Within 20 working days of the Letter of Claim |
| Expert inspection | Within 20 working days of your response |
| Expert's report | Within 10 working days of the inspection |
The protocol page was last modified in 2021. Check the current version before relying on these timescales.
Twenty working days is not long to survey a home, diagnose causes and produce a dated schedule. Have a route agreed in advance for urgent disrepair surveys, so the clock does not run down while a survey is arranged.
What makes a good schedule of works?
A schedule that stands up to scrutiny is specific and realistic:
- Item by item, room by room, cross-referenced to each defect in the Letter of Claim.
- Cause first: each item names the cause as well as the symptom, for example renewing a failed gutter joint before treating mould and redecorating.
- Dated: a proposed start and finish for each item, in a sensible order.
- Dependencies stated: scaffold, access, material lead times, an asbestos survey or approvals.
- Disputed items marked: where you do not accept an item, say so and why, rather than leaving it off.
- Tenant impact noted: time without facilities, rooms out of use, and any need for alternative accommodation.
Asbestos needs planning. Before refurbishment-type work, especially in buildings built or refurbished before 2000, a refurbishment and demolition survey is needed. Build that into the dates.
Dates matter. A schedule that slips repeatedly weakens your position and the tenant's trust, so set dates you can meet and report progress against them.
Why do access records matter?
Disrepair disputes often turn on whether access was offered and refused. The Housing Ombudsman's spotlight report on roof leaks under Awaab's Law (2 July 2026) found unevidenced "no access" claims among its concerns.
For each attempt, the record should show:
- the date, time and method (letter, phone, text or visit);
- who attended and what happened;
- evidence, such as a photo of a calling card or a copy of the letter;
- the alternative appointments offered.
Conduct in the home matters too. The Ombudsman's Repairing Trust report (29 May 2025) called for a code of conduct for staff and contractors entering homes. The Regulator of Social Housing's Competence and Conduct Standard, in force from 1 October 2026, requires registered providers to make sure their contractors' staff are competent and behave appropriately.
How do you stop repeat claims?
Repeat claims often come from repeat defects. To break the cycle:
- Fix the cause, not the symptom. Damp and mould from a roof leak, a failed gutter or a cold bridge will return if only the mould is treated. See damp and mould root causes.
- Inspect after the works, with readings and photos, and book a follow-up where drying out takes time.
- Use claim data in planning. Clusters of claims about roofs, rainwater goods or windows point to planned work. See stock condition and planned works.
- Close the loop with the tenant, confirming what was done and what to report if it recurs.
How do complaints fit with disrepair?
The Housing Ombudsman's Complaint Handling Code has been statutory since 1 April 2024:
- Stage 1: acknowledge within 5 working days and respond within 10 working days, with up to 10 working days' extension.
- Stage 2: respond within 20 working days, with up to 20 working days' extension.
Complaints about contractors go through your two-stage process, so your contractor needs to give you job histories and evidence quickly enough for you to respond within these timescales.
What did the Ombudsman's Repairing Trust report find?
Repairing Trust, published on 29 May 2025, found a 474% rise in complaints about living conditions and called for a code of conduct for staff and contractors entering homes. It followed an earlier Ombudsman spotlight report on repairs in March 2019.
For works teams, the practical response is the one set out above: diagnose the cause, evidence every access attempt, keep the tenant informed, and fix the defect properly the first time.
How we help
We deliver housing disrepair works for landlords: surveys, dated schedules of works, the works themselves, and access and completion records your legal team can use. We do not act for claimants, and we do not give legal advice. Contact us to discuss a disrepair caseload.
Common questions
Should works wait until a disrepair claim is settled?
That is a decision for you and your legal advisers. In practice, the protocol expects a schedule of works with dates in your response, and leaving a hazard unrepaired can create further risk under Awaab's Law.
What should a contractor's access record include?
The date and time of each attempt, the method used, who attended, the outcome, and evidence such as a photo of a calling card or a copy of the letter sent.
Do complaints about a contractor go to the contractor?
No. Under the Complaint Handling Code, complaints about contractors go through the landlord's own two-stage complaints process.
Can a joint inspection help?
It can. Attending the expert's inspection with the person who will do the works helps agree the defects, the causes and the scope early.
Sources
- Landlord and Tenant Act 1985, section 11
- Homes (Fitness for Human Habitation) Act 2018, section 2
- Pre-Action Protocol for Housing Conditions Claims (England)
- Housing Ombudsman spotlight reports
- Housing Ombudsman: Repairing Trust spotlight report (29 May 2025)
- Housing Ombudsman Complaint Handling Code 2024
- Competence and Conduct Standard (Regulator of Social Housing)
Checked 31 October 2026. This guide summarises the rules for planning purposes and is not legal advice; check the current legislation or take advice for your own case.
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