A housing disrepair report is a professionally produced inspection report used as independent evidence in a tenant’s disrepair claim against their landlord. It documents defects such as damp, mould, structural issues, leaks, heating failures and other conditions that breach the landlord’s repairing obligations. The report covers what the defects are, what’s caused them, what work is needed to remediate, and how they affect the property’s habitability. Solicitors representing tenants commonly use these reports to support legal claims under the Homes (Fitness for Human Habitation) Act 2018 and Section 11 of the Landlord and Tenant Act 1985.
This is a specialist surveying product. The audience for the report is not the tenant themselves but the courts and the landlord’s legal team, which means it has to be produced to a standard that withstands legal scrutiny.
Housing disrepair report at a glance
| Feature | Detail |
| Purpose | Independent evidence of disrepair for legal claim |
| Typically instructed by | Tenant directly, or solicitor acting for tenant |
| Carried out by | Qualified surveyor with disrepair experience |
| On-site duration | 1 to 3 hours typically |
| Report turnaround | 5 to 10 working days |
| Used in | Pre-action disclosure, court proceedings, settlement negotiations |
| Common defects covered | Damp, mould, structural issues, leaks, heating failures, infestation |
What the report covers
A housing disrepair report typically covers:
Identification of defects
- Damp and mould (rising damp, penetrating damp, condensation damp)
- Leaks and water ingress (roof, plumbing, external)
- Structural defects (cracking, movement, subsidence indicators)
- Heating system failures
- Hot water failures
- Electrical safety issues
- Window and door defects affecting weather-tightness or security
- Pest infestation linked to the building’s condition
- External structure (roof, walls, gutters, drainage)
Cause analysis
For each defect, the surveyor identifies the likely cause. This matters legally because tenant-caused damage is not a landlord’s responsibility, whereas structural failure and lack of maintenance are. Distinguishing cause is one of the report’s most important functions.
Remediation requirements
The report specifies what work is needed to put the defects right, in what order, and to what standard. Where possible, indicative costs are provided.
Impact on habitability
The report describes how the defects affect the tenant’s ability to use and enjoy the property safely. This is central to fitness for habitation claims.
Photographic evidence
Each defect is photographed with the date and location recorded.
The legal context
Tenant disrepair law sits on two main legal foundations.
Section 11, Landlord and Tenant Act 1985
This is the primary legal duty for most residential lettings under 7 years. It requires landlords to keep in repair:
- The structure and exterior of the property
- Installations for the supply of water, gas, electricity and sanitation
- Installations for space heating and water heating
If a defect falls within Section 11, the landlord has a duty to repair once they’re aware of it.
Homes (Fitness for Human Habitation) Act 2018
This extended the legal duty further. Landlords must ensure the property is fit for human habitation throughout the tenancy. Factors include damp, mould, structural stability, ventilation, water supply, drainage, lighting, and any prescribed hazard under HHSRS (the Housing Health and Safety Rating System).
This Act gave tenants direct legal recourse where the property is unfit, including where the unfitness arises from defects the landlord hasn’t fixed.
Who needs a housing disrepair report?
There are three main groups.
Tenants pursuing a claim
If you’ve reported defects to your landlord and they haven’t been fixed within a reasonable time, you may have grounds for a disrepair claim. A housing disrepair report is the standard evidential basis for that claim.
Solicitors acting for tenants
Housing disrepair solicitors instruct independent surveyors regularly. The report supports pre-action correspondence with the landlord and is admissible as evidence in court proceedings.
Tenants seeking landlord remediation without litigation
Sometimes a well-evidenced report is enough to persuade a landlord to carry out the works without legal proceedings. The cost of a report is small relative to the cost of litigation, so it’s often the first step.
How the process works
- Instruction. The tenant or their solicitor instructs the surveyor and explains the issues.
- Inspection. The surveyor attends the property, inspects the defects, photographs each one and takes measurements where relevant (damp meter readings, etc.).
- Cause analysis. The surveyor identifies the likely cause of each defect.
- Report production. A formal report is produced, typically within 5 to 10 working days.
- Use in claim. The tenant or solicitor uses the report in correspondence with the landlord and, if necessary, in court proceedings.
What the report doesn’t do
A housing disrepair report is evidence. It doesn’t:
- Force the landlord to do anything (that requires the landlord to agree or a court to order)
- Constitute legal advice (use a solicitor for that)
- Cover personal injury claims arising from the disrepair (those need a separate medical report)
- Resolve the dispute on its own (it supports a broader process)
Similar but different: home surveys and disrepair reports
A standard Level 2 home survey is produced for a buyer assessing a property. A housing disrepair report is produced for legal proceedings in a tenancy context. The inspection methods overlap, but the format, focus and intended audience differ entirely. If you’re a tenant pursuing a claim, you need a disrepair-specific report, not a generic home survey.
Who carries out a housing disrepair report?
Housing disrepair reports require surveying expertise plus an understanding of the legal context. Survey Hut is based in Altrincham and carries out housing disrepair reports across the North West, working with tenants directly and with solicitors instructing on their behalf.
FAQs
Who pays for the housing disrepair report?
Depending on the case, fees may be covered through a conditional fee arrangement with a disrepair solicitor, recovered from the landlord at settlement, or paid by the tenant directly. A solicitor handling the claim will advise on costs upfront.
How long does the whole disrepair claim take?
Reports can typically be produced within 2 to 3 weeks of instruction. The wider claim, including pre-action correspondence, negotiation and (if needed) court proceedings, can take anywhere from a few months to over a year, depending on whether the landlord engages constructively.
Will I be evicted for raising a disrepair claim?
Retaliatory eviction is restricted by law, particularly for assured shorthold tenancies under the Deregulation Act 2015. Where a tenant has made a legitimate complaint about disrepair, the landlord’s ability to serve a Section 21 notice is constrained. Speak to a housing solicitor for advice specific to your circumstances.