Many tenants across York are living in rental properties that fall below acceptable living standards. Disrepair in a rented home is more than just an inconvenience. It can damage your health, increase your expenses, and make you feel powerless. But the law is on your side.
If your landlord has failed to carry out essential repairs after you have reported the issue, you may be entitled to claim compensation. At Marley Solicitors, we support tenants throughout York to understand their rights and secure the compensation they deserve.
What qualifies as disrepair?
Disrepair refers to faults in a property that make it unsafe or unsuitable to live in. This includes anything that affects your health, safety or comfort in the home. Common examples of disrepair include:
- Damp, mould and mildew
- Leaking roofs, ceilings or pipes
- Cracks in walls or structural defects
- Faulty heating or hot water systems
- Inadequate insulation or ventilation
- Electrical faults
- Broken doors or windows
- Pest infestations (such as rats, mice or cockroaches)
These problems can cause physical injury, trigger health conditions (especially respiratory problems) and lead to financial losses. If your landlord fails to address such issues after being informed, you may have a legal claim.
Your rights as a tenant in York
Tenants in York benefit from strong legal protections under UK housing laws. The most relevant legislation includes:
- Landlord and Tenant Act 1985 – Requires landlords to keep the structure and exterior of the property in repair and maintain utilities like water, gas and electricity.
- Homes (Fitness for Human Habitation) Act 2018 – Ensures that all rented homes meet basic standards of health and safety. If your home is unfit to live in, your landlord is legally required to fix it.
- Environmental Protection Act 1990 – Allows tenants to take legal action for ‘statutory nuisance’, such as damp or infestations, that affect their health.
These laws apply whether you are renting from a private landlord, a housing association or a local council.
Landlord responsibilities
A landlord must:
- Maintain the property’s structure (walls, roof, windows, doors)
- Keep essential installations working (heating, gas, electrics, plumbing)
- Repair reported issues in a timely manner
- Act upon any reports of health hazards or safety concerns
- Ensure the home is fit for human habitation at the start and throughout the tenancy
The law requires your landlord to act within a reasonable timeframe once notified of a problem. This varies depending on the severity of the issue. For example, a broken boiler during winter should be dealt with urgently.
When is a landlord in breach of their duties?
A landlord is considered in breach when:
- They have been informed of the issue but fail to respond or take action
- They carry out repairs inadequately or not at all
- They delay repairs for an unreasonable amount of time
- They ignore safety-related hazards in the property
To strengthen your case, it’s important to keep a record of all communications with your landlord, including letters, emails, photos, and repair requests.
How to make a claim for disrepair
If you are dealing with disrepair and your landlord is not responding, you can begin the process of making a compensation claim. Here’s what to do:
- Report the issue in writing
Always report disrepair issues in writing. Include a clear description, photos if possible, and request a response or repair deadline.
- Allow time for a response
Give your landlord a reasonable period to carry out the repairs. For time-sensitive issues (like heating or leaks), this might be a few days. For less time-sensitive matters, 2–4 weeks may be reasonable.
- Collect evidence
Document everything, including:
- Photos or videos of the damage
- Copies of your communication with the landlord
- Doctor’s letters (if health has been affected)
- Receipts for damaged belongings or additional costs
- Seek legal advice
If your landlord does not act, speak to a solicitor who specialises in housing disrepair. At Marley Solicitors, we provide free initial advice and will assess whether you have a valid claim.
What can you claim compensation for?
Tenants may be entitled to claim compensation for:
- General inconvenience – Living in unsuitable conditions
- Health impacts – Asthma, skin conditions, stress or injury
- Damage to property – Clothes, furniture, electronics
- Increased bills – Heating costs due to draughts or damp
- Relocation costs – If you had to temporarily leave your home
Compensation amounts vary depending on how long the disrepair lasted, how serious it was, and the effect it had on you and your family.
Real-life example: tenant in York wins compensation
A tenant in a rented flat in Clifton, York, experienced extensive damp and mould, which caused asthma attacks in her young child. Despite repeated requests, the housing association delayed repairs for over six months.
With help from Marley Solicitors, she successfully claimed over £4,000 in compensation, which included damages, health costs, and distress. Her case also prompted improvements in the repair response policies of the housing provider.
Why choose Marley Solicitors?
At Marley Solicitors, we have extensive experience helping tenants in York claim for housing disrepair. We provide:
- Specialist legal advice tailored to your situation
- No win, no fee representation (so you only pay if your case is successful)
- A friendly, professional team who understand housing law inside and out
- Clear communication and regular updates throughout your case
We take on disrepair cases involving private landlords, councils and housing associations.
Can I be evicted for complaining?
It is illegal for a landlord to evict you simply because you reported a disrepair or made a claim. This is called retaliatory eviction, and there are laws in place to protect tenants from this type of behaviour.
What if I received housing benefits?
You can still make a claim for disrepair, regardless of how your rent is paid. Compensation is awarded based on the condition of the property and your experience, not your financial situation.
Will I need to go to court?
Most cases are resolved without going to court. We aim to negotiate a fair settlement with your landlord. However, if a court appearance is needed, we will represent and support you throughout the process.
How to get started
If you are living in a property with serious disrepair issues, do not wait any longer. Contact Marley Solicitors today for a free consultation. We will listen to your concerns, explain your rights, and help you decide the best course of action.
Call our York office or complete our online enquiry form to speak with one of our housing law specialists.
