Tenant Rights During a Housing Disrepair Claim: What You Should Know

If you’re dealing with a serious housing issue like damp, mould, broken heating, or unsafe electrics, making a disrepair claim is one of the most effective ways to protect your home — and your health. But many tenants hesitate because they fear eviction, rent increases, or benefit disruptions. The good news? You have strong legal protections throughout the entire process.

Understanding your rights during a housing disrepair claim is essential — not just for your safety, but also to make sure it doesn't impact your housing benefit eligibility.

You Have the Right to Live in a Safe, Habitable Home

By law, your landlord is required to maintain the structure and safety of your home. This includes:

• Keeping heating and water systems in working order

• Fixing leaks, damp, and mould issues

• Ensuring electrical systems are safe

• Addressing structural damage or hazards

If these responsibilities are ignored, and you've reported them in writing, you're legally entitled to pursue a disrepair claim.

You Can’t Be Evicted for Reporting Disrepair

Many tenants worry their landlord will retaliate by serving an eviction notice. However, Section 21 “no-fault” evictions are restricted when tenants raise formal disrepair complaints. As long as you report the issue properly and the matter is under investigation or legal review, you are protected.

This protection ensures that you can improve your living conditions without fear of losing your home — especially important if your claim intersects with your housing benefit eligibility, such as when your home is deemed unfit for living or requires temporary relocation.

You Have the Right to Legal Representation

You don’t have to take on a disrepair claim alone. Services like Housing Repair Solutions support tenants through the entire process — from the first complaint to final resolution. Their expert team can:

• Handle landlord communication

• Arrange inspections

• File legal paperwork

• Ensure repairs are carried out promptly

• Help claim compensation, if applicable

And the best part? Most of their support is provided with no upfront cost, especially for tenants in council or housing association properties.

You’re Entitled to Continue Receiving Benefits

Just because you’re filing a disrepair claim doesn’t mean your benefits stop. In fact, if your property is unsafe or causing harm to your health, it may strengthen your case when being assessed for housing benefit eligibility. Poor conditions can influence payment amounts, temporary accommodation eligibility, or adjustments in benefit structure.

Final Thoughts

As a tenant, you have more power than you might think. A disrepair claim is not just about fixing your home — it’s about standing up for your rights and making sure your health and benefits aren’t put at risk due to neglect. With the right support, like that offered by Housing Repair Solutions, you can take control of your living situation with confidence.