The legal position.
Your landlord owes you statutory duties to keep the property in repair (under Section 11 of the Landlord and Tenant Act 1985) and to ensure it is fit for human habitation (under the Homes (Fitness for Human Habitation) Act 2018). These duties do not depend on you being up-to-date with the rent. A disrepair claim asks the court to order the landlord to do the repairs and to compensate you for the period you lived with the disrepair.
A rent arrears case is the reverse: the landlord may seek a possession order if the arrears reach a certain level. These are separate proceedings, usually in the same court, and the court can deal with both.
How rent arrears actually affect your claim.
When a disrepair claim settles, the compensation can be set off against any rent arrears you owe. In practice this means:
- If your compensation is £6,000 and your arrears are £2,000, you receive £4,000 and the arrears are cleared.
- If your compensation is £6,000 and your arrears are £8,000, the £6,000 clears part of the arrears and you leave with a smaller remaining balance to the landlord.
So even when arrears are higher than your award, a claim can be a practical way of reducing the arrears balance without having to find money from elsewhere.
Can the landlord use my claim as a reason to evict me?
No. Retaliatory eviction — evicting a tenant for exercising legal rights — is unlawful. The Deregulation Act 2015 prevents retaliatory Section 21 evictions where the tenant has validly complained about disrepair. Social tenants have strong protection under the tenancy itself; a landlord seeking possession on arrears still has to go through the court, where your disrepair claim can be raised as a set-off and counterclaim.
What to do if you're worried.
- Talk to us about the claim — it costs nothing and you are under no obligation.
- Do not stop paying rent "in protest". Withholding rent doesn't force the repairs and it puts you at risk of possession proceedings.
- If you are struggling to pay rent, contact Citizens Advice or Shelter for help with benefits and debt advice.
Frequently asked questions.
My landlord has started possession proceedings for arrears. Can I still claim disrepair?
Yes. In fact, disrepair is often raised as a counterclaim in possession proceedings. Call us urgently if you've received a claim form or notice of proceedings.
What if I'm on Universal Credit?
Your entitlement and the housing element are unaffected by the disrepair claim. A lump sum settlement may affect savings thresholds — we can advise.
Will my arrears be disclosed publicly?
No. Claim settlements are confidential unless a court hearing takes place.