Argue cause first - penetrating or rising damp, failed roof, defective windows or inadequate insulation are structural or installation defects within s.11. Where the landlord blames the tenant's lifestyle, counter that inadequate heating, ventilation and insulation make the property unfit under s.9A regardless of behaviour. Awaab's Law timescales are useful evidence of what counts as a reasonable response time.
How does the Homes (Fitness for Human Habitation) Act 2018 differ from s.11?
The 2018 Act inserted ss.9A–9C into the Landlord and Tenant Act 1985. It implies a term that the dwelling is fit for human habitation at the start of and throughout the tenancy. It is wider than s.11 because it does not require physical disrepair - a Category 1 HHSRS hazard such as serious damp and mould can render a property unfit even where the structure itself is intact.
What is Awaab's Law and when does it apply?
Awaab's Law sets strict statutory timescales for landlords to investigate and fix prescribed hazards such as damp and mould. It came into force for social housing on 27 October 2025 and will be extended to the private rented sector by regulation under the Renters' Rights Act 2025. It is highly persuasive when arguing what a reasonable repair window should be.
How are damages assessed in a housing disrepair claim?
Quantum is usually a combination of: specific performance or an order for works; general damages for distress, inconvenience and loss of enjoyment (often expressed as a global figure or a percentage of rent for the notice-to-repair window); special damages for damaged belongings, redecoration and alternative accommodation; and personal injury damages pleaded under s.4 Defective Premises Act 1972 where relevant.
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