Housing Disrepair and Enforcement of Housing Conditions
Our Private Sector Housing Team can deal with problems such as:
- Housing disrepair, including damp and mould
- Overcrowding assessments
- Accommodation assessment for UK Entry Clearance
- Reports of illegal eviction and harassment
See Shelter’s website for information on the repair responsibilities of your landlord and the Housing Health & Safety Rating System (HHSRS).
You must NOT withhold rent due to required repairs as this may put your tenancy security at risk.
Find more information on Damp and Mould disrepair to your home.
Landlords' responsibilities
Your landlord has a responsibility to look after the exterior and structural elements of the building you live in and the inside facilities which are part of home.
Inside facilities covers anything within the property that cannot be removed. There are some exemptions to this where removable equipment which is supplied by the landlord is also included.
Landlords are legally required to keep homes they rent out free from serious hazards.
See Government guidance on your landlord’s responsibilities under the Housing Health and Safety Rating System (HHSRS).
We expect landlords or their agents to carry out regular property inspections. These inspections should identify any disrepair within the property which may contribute to hazards within the property.
Action we can take following a HHSRS Inspection
We have a duty, where we consider a serious (category 1) hazard exists, to take enforcement action to reduce the hazard. Where less serious (category 2) hazards exist, we have the power to take action.
The types of action that we could take include:
- Informal Action - informally asking for works to be completed
- Hazard Awareness Notice - making the landlord aware of the hazards present in the property but not formally requiring remedial work to be carried out
- Improvement Notice – formally requiring the landlord to carry out remedial work to reduce the hazards within the property to an acceptable level
- Prohibition Order and Emergency Prohibition Order – forbidding the use of all or part of a dwelling or placing restrictions on who can live in the dwelling
- Demolition Order
- Clearance Areas
- Emergency Remedial Works - we can act if a serious hazard exists and there is an immediate risk of serious harm
What happens if landlords don’t comply with notices
It is a criminal offence if your landlord fails to comply with notices served under Part 1 of the Housing Act 2004. We could issue a financial penalty of up to £30,000 to your landlord or, on summary conviction at court, your landlord could receive an unlimited fine.
A copy of our Housing Enforcement Policy is available here:
Overcrowding Assessments
To work out whether your home is legally overcrowded, you can use Shelter's guide.
Accommodation assessment for UK entry clearance
For households needing an accommodation assessment for UK entry clearance, the UK Border Agency requires an independent assessment of the number of rooms and occupants in the proposed accommodation.
This assessment can be provided by a suitably qualified body that certifies a personal inspection has been carried out. The report should include details of the accommodation that was inspected.
The Entry Clearance officer must be satisfied that the accommodation will not become overcrowded within the definition of the Housing Act 1985 or that it will not contravene public health regulations.
WNC can carry out these inspections:
- Email [email protected] to apply.
- Our fee for 2024-2025 is £334.00
Reports of Illegal Eviction and Harassment
If your landlord is trying to end your tenancy without giving you adequate notice or undertaking behaviour which could be perceived as harassment, we may be able to intervene and assist you as well as educate your landlord on the correct process to follow.
You can find out more about illegal eviction and harassment through Shelter England.
Further advice and guidance can be found on GOV.UK for Private renting tenants.
If you need further advice on this matter please contact our duty officer by email [email protected]
or complete our online form.
How to manage disrepair issues with your landlord
Do: notify your landlord as soon as you aware of a problem. You can use Shelter’s template letter.
Do: give your landlord enough time to make repairs – for example, if your boiler is broken, they may need to order specialised parts to repair it
Do: grant access to your landlord and any tradespeople they employ in order to make repairs
Do: complain to your landlord in writing if they do not make the necessary repairs
Don’t: withhold your rent. This will not make your landlord do repairs, and may jeopardise your tenancy
Don’t: wait until after you’ve moved out to complain to us – this makes it extremely difficult for us to take action
If you are a Housing Association or Council tenant and they do not carry out repairs you have requested, follow their relevant complaints process. All housing providers should have this information on their website, but our main local providers are:
You can find more information in Shelter’s guide on Council and Housing association repairs.
If your complaint to your housing association landlord is not successful, you can make a further complaint to the Housing Ombudsman.
If you have followed the advice above and are still not finding a resolution, please email [email protected]
You will need to provide:
- your name
- your address
- name and details of your landlord
- confirmation that you have already told them of the issue
- photos of the disrepair
- a copy of your tenancy agreement or proof of payment of rent.
Or you can contact us by completing this form:
Contact details:
Housing Enforcement Team
Last updated 11 December 2024