Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The Renters’ Rights Act 2025 includes provisions about property standards, including the extension of Awaab’s Law and the Decent Homes Standard to private renting, but those provisions are not expected to take effect until 2035 at the earliest. Tenants who are living in properties with disrepair, damp, mould, or other hazardous conditions do not need to wait until 2035. There is already a substantial body of existing law that protects your right to a safe and well-maintained home, and there are practical steps you can take right now to enforce those rights.
The Landlord’s Repairing Obligation
The most important existing protection is Section 11 of the Landlord and Tenant Act 1985, which implies a repairing obligation into all residential tenancies of less than seven years. Under this provision, your landlord is required to keep in repair the structure and exterior of the property, including the roof, walls, foundations, windows, and external doors. They are also required to keep in repair and proper working order the installations for the supply of water, gas, and electricity, and the installations for space heating and water heating, including the boiler, radiators, and hot water system.
These obligations are implied by law into your tenancy. Your landlord cannot contract out of them, and any clause in your tenancy agreement that purports to transfer responsibility for these items to you would be unenforceable.
The Importance of Reporting in Writing
The landlord’s obligation to repair is triggered by knowledge of the defect. If you have not informed your landlord that something is wrong, they are not in breach for failing to fix it. This makes it essential to report every repair issue in writing and to keep records of having done so. An email, a text message, or a letter will all create the necessary record. Note the date you sent it and what response, if any, you received. If your landlord responds verbally, follow up in writing to create a contemporaneous record.
What counts as a reasonable time to carry out repairs depends on the nature and urgency of the problem. A gas leak or a failed boiler in winter requires an immediate response. A dripping tap or minor damp might reasonably take a week or two. A structural crack that is worsening may need investigation within days. Be clear in your initial report about the urgency of the matter.
Environmental Health and the HHSRS
If your landlord does not respond to repair requests within a reasonable time, your local council’s Private Sector Housing or Housing Enforcement team can inspect the property under the Housing Health and Safety Rating System. If a Category 1 hazard is identified, the council is required to take enforcement action. You can request an inspection by contacting the council directly. This is a free service and often an effective prompt for landlords who have been unresponsive to direct requests from tenants. Local housing authorities have had enhanced investigatory powers since December 2025.
Court Action for Disrepair
Where a landlord has been notified in writing of a disrepair problem and has failed to act within a reasonable time, a tenant can pursue court proceedings for an injunction requiring the works to be done and for damages to compensate for the harm caused by the disrepair. Damages can cover the reduction in the amenity value of the property during the period of disrepair, the cost of any belongings damaged by the defect, and in serious cases compensation for personal injury or illness caused by the conditions. We act regularly for tenants in housing disrepair cases and can advise you on the strength of your position.
Cramp & Mullaney LLP advises landlords and tenants across London and the South East on the Renters' Rights Act 2025 and all aspects of landlord and tenant law. If you would like to discuss your situation, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
