How to Deal with Disrepair Claims: What You Need to Know

Landlords are increasingly being targeted by tenants bringing housing disrepair claims. While tenants have a right to live in a safe, well-maintained home, landlords are not liable for every problem that arises in a rental property. The law sets a clear standard: a landlord can only be held liable if they have knowledge of the disrepair and were given notice, and then failed to act within a reasonable time.

Understanding how the legal duties operate is critical for landlords looking to protect themselves against unmeritorious claims. This blog covers your legal obligations, what tenants must prove to succeed in a claim, and how to defend yourself, including the smart use of Part 36 offers.

Landlord Repairing Obligations Explained

Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal duty to maintain:

The structure and exterior of the property (e.g. roof, walls, windows, doors)
Installations for the supply of water, gas, electricity, and sanitation (e.g. basins, sinks, baths, toilets)
Installations for space heating and heating water (e.g. boilers, radiators)

This duty applies to both private and social landlords, and is implied into most tenancy agreements. However, the duty is not absolute. It only arises once the landlord has been made aware of the disrepair. The tenant must inform the landlord of the problem and give them a chance to put it right.

Notice and Knowledge: A Key Legal Barrier

The concept of notice is central. In O’Brien v Robinson [1973] AC 912, the House of Lords held that a landlord is not liable for disrepair unless they have actual or constructive knowledge of the issue. Actual knowledge means the tenant has reported it. Constructive knowledge might arise if the defect is obvious and the landlord should reasonably have noticed it during routine inspections.

The decision in Rogers v. Parish (Scarborough) Ltd [1987] QB 933 confirmed this approach. It underlined that landlords cannot be liable for hidden or unreported problems. This means that if the tenant fails to report the issue, or the issue was not reasonably detectable, the landlord may not be at fault.

To defend a claim, it’s crucial to determine:

Whether the disrepair existed during the tenancy
Whether the tenant informed the landlord or managing agent
Whether the landlord acted reasonably and promptly in response

Common Pitfalls and How to Defend Against Them

Claims can arise from various types of disrepair: damp and mould, broken heating, faulty electrics, leaks, and more. Some tenants may exaggerate claims to try to secure compensation. Here’s how landlords can guard against these risks:

Keep Written Records: Maintain logs of inspections, maintenance visits, tenant complaints, and repair works carried out. Emails, texts, and dated photographs can all be useful.
Act Promptly: Once notified of a problem, take steps to investigate and fix it. Courts will assess whether your response was within a “reasonable time.”
Use Expert Evidence: Commission an independent surveyor or contractor to assess the condition. Their report can counter inflated tenant allegations.
Challenge Causation and Quantum: Just because there is disrepair doesn’t mean it caused injury or damage. Scrutinise claims for personal injury and financial loss closely.

The Strategic Power of Part 36 Offers

A Part 36 offer can change the dynamics of a case. These are formal offers to settle made under the Civil Procedure Rules. If a landlord makes a reasonable Part 36 offer that the tenant refuses—and the tenant then fails to beat that offer at trial—they could face serious cost consequences.

In Gibbon v Manchester City Council [2010] EWCA Civ 726, the Court of Appeal confirmed that Part 36 offers can pressure claimants into settling early, especially when their case is weak or overvalued.

Landlords should consider making a Part 36 offer once they have the evidence to assess the value of the claim. It shows the court you acted reasonably and may protect you on costs even if you lose partially.

Need Expert Legal Help? Contact Landlord Advice UK

Defending housing disrepair claims takes experience and precision. At Landlord Advice UK, our legal team specialises in helping landlords across England and Wales respond to claims with confidence.

Whether you’ve received a letter of claim or court proceedings have started, we can help you: