Home Disrepair Claims (HDR) are legal claims made by tenants against their landlords for failing to maintain or repair their rented property. This typically involves disrepair issues that affect the safety, habitability, or comfort of the home. These claims are most common in situations where tenants feel that the landlord has neglected their duty to ensure the property is in good condition.

Key Aspects of HDR Claims:

1. Legal Framework

Landlord's Responsibility: Under the Landlord and Tenant Act 1985 and other relevant legislation, landlords have a legal obligation to keep rented properties in good repair, safe, and habitable.

Section 11 of the Landlord and Tenant Act 1985: This is a crucial part of HDR claims, which makes the landlord responsible for keeping the structure and exterior of the building in repair, ensuring the heating and plumbing systems are functioning, and making sure there’s no risk to health or safety.


2. Common Reasons for HDR Claims

Mould and Damp: Often caused by leaks, poor ventilation, or inadequate heating.

Broken Boilers or Heating Systems: If heating and hot water systems aren't maintained, it may lead to discomfort and health issues.

Faulty Electrical Systems: These can pose a severe safety risk.

Pest Infestation: If pests like rodents or insects infest the property due to lack of maintenance.

Structural Issues: Damaged roofs, windows, doors, or leaks that affect the livability of the property.


3. Who Can Make a Claim?

Council Tenants: Tenants of local authorities or councils can make HDR claims if their homes are not properly maintained.

Housing Association Tenants: Tenants of housing trusts or associations have similar rights.

Private Tenants: Tenants in privately rented properties also have rights to report disrepair and make claims if their landlord fails to address the issues.

Right to Rent (England): In England, tenants must also be aware of their legal right to live in a property that meets certain standards.

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