Key points
- Councils have the same legal repair duties as other landlords, plus the extra deadlines of Awaab's Law.
- You can claim once the council knows about a problem and has not fixed it within a reasonable time.
- Making a genuine claim is not a lawful reason to end your tenancy.
- No Win, No Fee, with nothing to pay upfront.
What the council has to repair
As your landlord, the council must keep the structure and exterior of your home in repair, including the roof, walls, windows, gutters and drains. It must also keep the installations for water, gas, electricity, sanitation, heating and hot water in repair and working order.
Your home must also be fit to live in throughout your tenancy. Serious damp and mould, excess cold and other hazards can make a home unfit. If you live in a block, the council is usually also responsible for shared parts such as stairwells, lifts, communal pipes and the roof.
Awaab's Law and council tenants
Awaab's Law is named after Awaab Ishak, a two-year-old boy who died in 2020 after long exposure to mould in his family's social housing flat. Since 27 October 2025, it has set legal deadlines for social landlords in England, including councils.
Councils must deal with emergency hazards within 24 hours, and must investigate and fix damp and mould that poses a significant risk to health within strict timescales. They must also keep tenants informed about what they have found and what they will do. If your council has missed these deadlines, that can support a disrepair claim.
Common problems in council homes
- Damp and black mould, often blamed on condensation
- Leaking roofs, gutters and windows
- Broken boilers, heating and hot water
- Rotten or draughty windows and doors
- Faulty electrics and broken toilets, baths or sinks
- Repairs that are booked, cancelled and rebooked without ever being done
Complaints, the Ombudsman and a disrepair claim
You can complain through the council's complaints process, and after that to the Housing Ombudsman. This can lead to an apology, an order to carry out work and sometimes a payment. It is free, but it can take a long time.
A housing disrepair claim is a legal claim against the council. It can lead to a legally binding agreement or court order to carry out the repairs, and compensation that reflects what you have been through. You do not have to finish a complaint before making a claim. We can tell you which route suits your situation.
What a claim can get you
- The repairs carried out properly, with the cause fixed
- Compensation for the discomfort and inconvenience of living with the disrepair
- The value of damaged belongings and any extra costs you had
Compensation is usually based on your rent, how serious the problems were and how long they went on after the council knew about them.
How a claim works
It starts with a free check of your situation. If you have a claim, we send the council a formal letter of claim under the court's Pre-Action Protocol for Housing Conditions Claims. The council usually has 20 working days to respond, and a surveyor may inspect your home. Most claims are settled without going to court, and we deal with the council for you.
What you can do now
- Report every problem to the council in writing, by email, letter or online form, and keep the reference numbers
- Take dated photos and videos of the problems and any damaged belongings
- Keep a note of missed appointments and every time you chased a repair
- Keep receipts for anything you had to buy or replace
This page explains the law in England. If your home is in Wales, Scotland or Northern Ireland, call us and we will tell you where you stand.
Frequently asked questions
Will the council evict me if I make a claim?
Most council tenants have a secure tenancy, which means the council needs a legal reason and a court order to end it. Making a genuine disrepair claim is not one of those reasons.
Isn't there a Right to Repair scheme for council tenants?
Yes. The Right to Repair scheme covers certain small, urgent repairs and can give you a small fixed payment if they are not done on time. It does not stop you making a housing disrepair claim.
Do I need to go through the council's complaints process first?
No. You can make a disrepair claim without completing a complaint first, although a complaint record can be useful evidence.
Can I claim if I am behind with my rent?
Often, yes. Tell us about any arrears at the start, because the council may ask for them to be taken off any compensation.