What is the legal definition of housing disrepair?

There is no single statutory definition. In practice it means that something the landlord is obliged to keep in repair — in England usually under Section 11 of the Landlord and Tenant Act 1985 — has deteriorated or been damaged and has not been put right. The courts have held that repair means dealing with deterioration, not making improvements.

Is damp and mould disrepair?

It depends on the cause. Damp from a leak, a broken gutter or a failed damp-proof course is usually disrepair. Condensation mould with no defect behind it often is not, although in England it can still make a home unfit for human habitation, and Awaab’s Law sets timescales for social landlords to investigate damp and mould hazards.

Is my landlord responsible if the boiler breaks?

Usually, yes. Section 11 covers the installations for space heating and heating water, so a boiler, radiators and pipework the landlord provided are normally the landlord’s to repair.

Is a design fault disrepair?

Not usually. A problem that has been there since the home was built, with nothing having deteriorated, is generally not disrepair — that is the point of Quick v Taff-Ely. In England, though, a design problem can still make a home unfit for human habitation, which is a separate duty.

Does housing disrepair apply to private renters?

Yes. Section 11 applies to private landlords, housing associations and councils alike, for most tenancies of less than seven years in England. In Wales the equivalent duties apply under the Renting Homes (Wales) Act 2016.

What is the difference between disrepair and an unfit home?

Disrepair asks whether something has broken or deteriorated. Fitness asks whether the home is reasonably suitable to live in. A home can be unfit with nothing broken, and something can be in disrepair without the home being unfit.

Who is responsible for damage the tenant causes?

Generally the tenant. Section 11 does not require a landlord to carry out repairs made necessary by a tenant’s failure to use the home in a tenant-like manner.

How do I show when my landlord knew about the problem?

Report it in writing — by email, letter or the landlord’s online repair system — and keep the message and any reference number. Dated photographs, and a note of every call and visit, help show how long the problem went on.

What is housing disrepair?

Written by The RemedyBridge editorial team · Updated 23 September 2026 · How we write

Quick answer

Housing disrepair means that part of a rented home the landlord is responsible for has deteriorated or been damaged and has not been put right. That covers the structure and exterior, and the installations for water, gas, electricity, sanitation, heating and hot water. The word is narrower than it sounds. A problem built in from the start, such as a poor design, is not usually disrepair, although in England it can still make a home unfit for human habitation. And for a defect inside your home, a landlord is not ordinarily liable until it knows about the problem and has had a reasonable time to deal with it.

Key points

In law, disrepair means deterioration: something that was once in better condition has worn out, broken or been damaged. The rule comes from Quick v Taff-Ely.
In England, section 11 of the Landlord and Tenant Act 1985 makes the landlord of most homes let for less than seven years responsible for the structure and exterior and for the installations for water, gas, electricity, sanitation, heating and hot water.
Disrepair is one of three separate tests. A home can also be unfit for human habitation, or contain a hazard a council can act on, without anything in it being in disrepair.
Damage caused by failing to use the home in a tenant-like manner is generally the tenant’s to put right — but a tenancy agreement cannot remove the landlord’s own repairing duties.
For a defect inside your home, what matters is when the landlord knew. Reporting in writing, and keeping a copy, is what makes that date provable.
In Wales, contract-holders are covered by sections 91 and 92 of the Renting Homes (Wales) Act 2016, which deal with fitness and repair together.

What the law means by disrepair

In everyday speech, anything wrong with a home might be called disrepair. In law the word is narrower. A landlord’s repairing duty is a duty to put right deterioration — something that has worn out, broken or been damaged since it was in better condition. It is not a duty to improve the home, or to redesign something that has performed badly from the start.

The classic authority is Quick v Taff-Ely. Severe condensation caused by the way a house had been built was held not to be disrepair, because nothing in the structure had deteriorated. The distinction still governs Section 11, but it is no longer the end of the matter: in England, the fitness duty can reach problems like that even where nothing is broken.

Plaster is not just decoration

In Grand v Gill the Court of Appeal held that ordinary internal plaster on walls and ceilings can be part of the structure of a home. Damaged plaster may therefore be disrepair the landlord has to deal with, rather than merely a decorative issue.

What usually counts as disrepair

These are the problems most often treated as disrepair, because each involves something the landlord must keep in repair that has deteriorated or broken:

Roof leaks, missing slates or tiles, and damaged gutters and downpipes.
Damp that comes from a defect — a leak, a broken gutter or a failed damp-proof course. See damp and mould.
Boilers, radiators and hot water systems that have broken down. See heating and boilers.
Leaking pipes, and broken toilets, sinks, baths and drains. See leaks and water ingress.
Faulty wiring, sockets and other parts of the electrical installation. See electrical hazards.
Rotten, broken or badly fitting windows and external doors. See windows and doors.
Cracked or crumbling plaster and structural cracks. See plaster and structural defects.
Gaps and defects that let pests in. See is your landlord responsible for pest control?

What usually does not count

Some problems fall outside the repairing duty, although another rule may still apply to them:

Improvements. A landlord does not have to upgrade something that is in repair — replacing working single glazing with double glazing, for example.
Design faults where nothing has deteriorated — although in England these can still make a home unfit for human habitation.
Damage caused by failing to use the home in a tenant-like manner, which Section 11 expressly leaves out.
Rebuilding after destruction or damage by fire, storm, flood or other inevitable accident, which Section 11 also excludes.
Anything the tenant is entitled to remove, such as fixtures the tenant put in.

Disrepair, unfitness and hazards: three different tests

Three sets of rules are often treated as one. They ask different questions, and a problem can fail one while passing another.

Disrepair (Section 11): has something the landlord must keep in repair deteriorated or broken? This is a question about damage, not about how well the home works.
Fitness for human habitation (section 9A, England): is the home reasonably suitable to live in? A home can be unfit even though nothing has deteriorated. See fitness for human habitation.
Hazards (the Housing Health and Safety Rating System under the Housing Act 2004): does a condition create a risk to health or safety that the council can assess and act on? See HHSRS explained.

For social landlords in England, Awaab’s Law adds fixed timescales for investigating and dealing with some hazards, on top of all three.

When the landlord has to act

For a defect inside the part of the property you occupy, a landlord is not ordinarily liable for failing to repair it until it has notice — information that would put a reasonable landlord on inquiry that work may be needed — and has then failed to do the work with reasonable expedition. That rule comes from O’Brien v Robinson, and it is why the date you reported a problem matters so much.

There is no single number of days within which every repair must be done: what is reasonable depends on the defect and how serious it is. See how long a landlord has to make repairs and reporting repairs to your landlord.

Disrepair in Wales

Wales has its own framework. Under the Renting Homes (Wales) Act 2016, which came into force on 1 December 2022, most tenants became contract-holders, and the landlord’s duties to keep the dwelling in repair and fit for human habitation sit in sections 92 and 91 of that Act rather than in Section 11. Fitness is judged against 29 prescribed matters. See housing disrepair in Wales.

What you are responsible for

Tenants are expected to use a home in a tenant-like manner: to look after it, do small everyday jobs, avoid causing damage and tell the landlord about problems. Where damage results from not doing that, the repair generally falls to the tenant.

What a tenancy agreement cannot do is remove the landlord’s repairing duties. Section 12 of the Landlord and Tenant Act 1985 makes a term void so far as it tries to exclude or limit the landlord’s obligations under Section 11.

What to do next

Tell your landlord about the problem in writing and keep a copy — the date it knew is what the law looks at. See reporting repairs.
Photograph the problem and anything it has damaged, and note the dates. See evidence for a disrepair claim.
If nothing happens within a reasonable time, use your landlord’s complaints procedure and ask for a written response.
Social housing tenants can then take the complaint to the Housing Ombudsman, which is free. See free help options.
For a serious hazard, ask your council’s environmental health team to inspect. See environmental health inspections.

Important limitations

This is a general explanation of the law in England and Wales, not legal advice about your home.
Whether a particular problem counts as disrepair can turn on its cause, and establishing the cause sometimes needs an expert.
Different rules apply to leases of seven years or more, and in Scotland and Northern Ireland.

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.

See all free help options

Frequently asked questions

What is the legal definition of housing disrepair?: There is no single statutory definition. In practice it means that something the landlord is obliged to keep in repair — in England usually under Section 11 of the Landlord and Tenant Act 1985 — has deteriorated or been damaged and has not been put right. The courts have held that repair means dealing with deterioration, not making improvements.
Is damp and mould disrepair?: It depends on the cause. Damp from a leak, a broken gutter or a failed damp-proof course is usually disrepair. Condensation mould with no defect behind it often is not, although in England it can still make a home unfit for human habitation, and Awaab’s Law sets timescales for social landlords to investigate damp and mould hazards.
Is my landlord responsible if the boiler breaks?: Usually, yes. Section 11 covers the installations for space heating and heating water, so a boiler, radiators and pipework the landlord provided are normally the landlord’s to repair.
Is a design fault disrepair?: Not usually. A problem that has been there since the home was built, with nothing having deteriorated, is generally not disrepair — that is the point of Quick v Taff-Ely. In England, though, a design problem can still make a home unfit for human habitation, which is a separate duty.
Does housing disrepair apply to private renters?: Yes. Section 11 applies to private landlords, housing associations and councils alike, for most tenancies of less than seven years in England. In Wales the equivalent duties apply under the Renting Homes (Wales) Act 2016.
What is the difference between disrepair and an unfit home?: Disrepair asks whether something has broken or deteriorated. Fitness asks whether the home is reasonably suitable to live in. A home can be unfit with nothing broken, and something can be in disrepair without the home being unfit.
Who is responsible for damage the tenant causes?: Generally the tenant. Section 11 does not require a landlord to carry out repairs made necessary by a tenant’s failure to use the home in a tenant-like manner.
How do I show when my landlord knew about the problem?: Report it in writing — by email, letter or the landlord’s online repair system — and keep the message and any reference number. Dated photographs, and a note of every call and visit, help show how long the problem went on.

Sources

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