Housing disrepair claims and rent arrears
Written by The RemedyBridge editorial team · How we write
Quick answer
Having rent arrears does not automatically prevent a housing disrepair enquiry. Disrepair and rent are separate issues, although they can interact in a case. We flag arrears for careful human review rather than rejecting an enquiry, and we can talk you through your options on your specific situation.
Key points
- Arrears do not automatically rule you out.
- Disrepair and rent are separate issues.
- We flag arrears for human review.
- We can talk you through your options on your circumstances.
Why it is reviewed carefully
Arrears and possession proceedings can be relevant to how a case is handled, so they are flagged for a person to consider — never used to auto-reject an enquiry.
If the arrears came from withholding rent
Some arrears start deliberately — a tenant stops paying to force repairs that are not being done. That is understandable and it is also the most common way a repair dispute turns into a possession case, because in England outstanding repairs do not suspend the obligation to pay rent. Our guide on withholding rent for repairs explains what does and does not work, including the narrower repair-and-deduct route and the different rule in Wales.
If you are worried that reporting the disrepair is what put your home at risk, can my landlord evict me for complaining about repairs? sets out where you stand in each country.
You may not need us — free routes first
You can often resolve repairs for free. Depending on your situation you may be able to:
- report repairs to your landlord in writing and keep a dated copy;
- use your landlord’s formal complaints process;
- take dated photos and keep a record of what you reported and when;
- give your landlord a reasonable chance to put things right.
Sources
RemedyBridge provides a free initial check for housing disrepair problems in England & Wales. The result is a guide only and never tells you that you definitely have a claim. Checking your situation is free.
Not sure where you stand?
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