If you are living in a council flat or housing association property and dealing with constant repairs, you’re not alone. In this series, we’re breaking down your rights as a tenant – and what your landlord (whether it’s the council, a housing association, or a private landlord) is actually responsible for.
What Are Dwelling Condition Issues in Council and Housing Association Properties?
When we talk about condition issues, we’re basically talking about anything you can spot around the flat – from leaky pipes to broken heating systems to cracked tiles in communal areas.
Generally, these may range from a minor inconvenience to life-threatening or altering conditions, as outlined in the heartbreaking case of Awaab Ishak in 2020, where he passed away due to complications caused by heavy mould in his family home.
As an example, a common property issue in council and housing association homes would be damp and mould:
Damp and mould are two of the most common complaints in council flats – and they can be both inconvenient and dangerous. Damp usually comes in three forms: rising damp (from the ground), penetrating damp (from external leaks), and condensation damp (from everyday activities).
Damp is generally caused by inadequate ventilation or through producing heated air in cold environments, or the other way around. According to the Centre of Sustainable Energy (CSE), even everyday activities produce moisture:
- Cooking: 2.1 litres
- Bathing or Showering: 1 litre
- Washing dishes: 0.4 litres
- Cleaning: 0.9 litres
- Washing & drying clothes: 1.8 litres
- Breathing: 3.8 liters
Total: 10 litres a day – per family of four
The level of moisture in the air (also called ‘humidity’), is another key factor. It’s particularly noticeable in areas where steam is common, like bathrooms and kitchens. Councils and housing associations should be aware of how their buildings handle humidity to implement adequate ventilation.
Mould is a type of fungus that thrives in damp, humid conditions. It usually appears in places where warm, moist air meets cooler surfaces, like walls, floors, and furniture. It’s best to clean mould as soon as you spot it, as long-term exposure can cause health problems like allergies, chest infections, and asthma flare-ups.
Of course, mould has a more damaging effect on tenants with certain health conditions. Insurer AXA lists several vulnerable groups that may be harmed more than the average healthy human in terms of what mould can do to one’s health:
- Children (including infants)
- People with skin conditions (eczema)
- People with respiration issues (via allergies or asthma)
- Those who have a weakened immune system, and those who are going through treatments like chemotherapy
Making sure your flat has proper ventilation, insulation, and heating can prevent excessive moisture, allowing surfaces to stay warm and dry and to keep mould and damp at bay.
Awaab Ishak’s tragic death in 2020 is a heartbreaking example of what can happen when housing issues are neglected. At just two years old, he lost his life due to complications caused by severe mould in his family’s council flat – a situation that the local authority failed to address. This case underscores just how critical it is for councils and housing associations to take action when tenants report hazardous living conditions.
If you are dealing with damp and black mould in a rental property and are a council or housing association tenant, or dealing with other serious housing problems, don’t wait until it’s too late.
We at Ashton Ross Law provide free consultations and housing advice to discuss your situation and list options for getting the repairs you may be entitled for.
*Call Us* during our working hours listed at the bottom of this page.
Your Landlord’s Responsibilities
Separate from general rights as a tenant, there are specific legal obligations that may entitle council or housing association tenants to support when things go wrong. These are covered by laws like:
- Landlord and Tenant Act 1985
- The Landlord and Tenant (Covenants) Act 1995
- Occupiers’ Liability Act 1957
- Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994/133
Landlords are legally required to keep essential parts of the property in safe, livable condition. This includes the structure, exterior, and key utilities like heating, plumbing, and electrics. If these areas aren’t maintained properly, tenants can request repairs – and if the landlord doesn’t respond within a reasonable timeframe, they may be able to take further action.
What Counts as ‘Reasonable’?
The timeframe for repairs varies depending on how serious the problem is, but anything that affects health or safety should be addressed as soon as possible.
Duty of Care Beyond the Flat
Landlords aren’t just responsible for the inside of the property – they also need to keep shared areas safe and well-maintained. This includes:
- Stairwells,
- Entrances,
- And shared outdoor spaces
If tenants get injured because these areas weren’t maintained properly, they could hold the landlord accountable. If the landlord ignores requests for repairs or safety fixes, tenants may have the right to escalate the complaint to a higher authority, such as the Housing Ombudsman or Environmental Health, often with the support of a solicitor.
While you can call us for a consultation during our office hours, you can also use this simple checklist to help determine whether you might be eligible for physical or financial compensation:
Tenant Rights and Landlord Repair Checklist
1. Notifying your Landlord
It is crucial for you to contact your landlord whenever you first notice problems with your apartment that need fixing. As with all legal procedures, you are expected to document your story with proof. Here, you can keep a record of calls or meetings you’ve had with your property owner or take screenshots of your conversations (made through text, or email, or writing). Keep them in a safe place, physically or electronically.
2. Read Your Rental Agreement
It’s likely you signed an agreement that outlines your tenants or renters rights. Make sure your contract has phrases like ‘good repair,’ ‘fit to live’ or ‘commonhold’, or sentences that promise repairing your appliances or furniture. If your landlord made any verbal promises about repairs when you moved in, write those down too – they can still count as evidence.
3. Ways You Can Document Your Issues, Keeping Evidence
Since most issues in rented flats are physical – leaks, damp, broken fixtures – take as many photos as possible. If not, finding email and text conversations on WhatsApp and so forth (or other social media) would also help yourself and others’ disrepair claims.
If you did not keep these records, remember the discussions as much as possible before you moved in or after you told the property owner that there is something wrong with your flat. Your memory might still count, especially if the landlord was aware of the issue.
4. Decide on the Timeframe
Be aware of what kind of problem you’re dealing with – health and safety issues should be fixed within days, not weeks. If it’s related to health and safety for example, it would be an urgent matter that needs attention in several days, and not weeks. But you should also keep in mind that non-healthy and safety-related issues, while it is still important to you, may take longer than you anticipate.
5. Your Limits on Damages and Compensation
Similar to the previous point, there are durations from when you first noticed the problem to reporting it to the authorities – property damage has six years, and personal injury has three years.
We’d advise you to speak to a solicitor as soon as possible if you think you are missing these durations in which you must report. Compensation might not always go the way you expect since the court will decide whether you’re eligible for repairs or financial payouts.
6. Doing it Yourself
It is tempting to fix your own problems around the flat, especially if there are quick fixes. But getting legal advice first can still be useful.
A solicitor can read your contract, hear your story, and point you in the right direction.
As an example, if the fix you seek is urgent but it’s taking far too long, you could pay for the work and pay lower rent for that month or quarter. But again, it’s best to know your rights or get a solicitor to review your agreement first.
7. Protect Yourself from Eviction
There’s no need to panic if you’ve reported repair issues and suddenly receive an eviction notice.
According to gov.uk guidelines, a Section 21 notice is used to seek possession and can be enforced when:
- A fixed-term tenancy ends (if there’s a written contract or agreement)
- You’re under a periodic tenancy, meaning there’s no fixed end date
While a Section 21 notice must give you at least two months’ notice, some contracts might require a longer period.
Here’s what to do next:
- Check Your Tenancy Type: Confirm whether you’re on an Assured Shorthold Tenancy (AST) or something else.
- Seek Advice: Contact your local council’s housing department, Environmental Health, or a legal advisor to clarify your rights and next steps.
Taking early action could protect you from eviction – especially if the council or Environmental Health has already issued a notice to your landlord about needed repairs.
For further advice, you can write to us or call our office directly.
In Closing
It might feel daunting or even intimidating to reach out to housing authorities or your landlord about repair issues. But even small steps – like taking photos, finding old emails, or recalling conversations – can make a significant difference in protecting your rights as a tenant.
If you’re unsure about where you stand or need more guidance, Ashton Ross Law is here to help. Get in touch for a free consultation to discuss your situation with our experienced Disrepair Team today.
