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Whether you’re a landlord defending a housing disrepair claim, a tenant living in unacceptable conditions, or a business facing a dilapidations dispute at the end of a lease, we can help you find the right solution.
Our property disputes team acts for landlords, housing associations, private tenants and commercial occupiers across England and Wales. We know these disputes inside out, from both sides of the table, and we’ll give you clear, practical advice on where you stand and what to do next.
Get a free, no-obligation chat with our property disputes team, call us on 02920 829 100 or use our Contact us form.
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Housing disrepair and dilapidations disputes can be stressful, costly, and time-sensitive. For landlords and housing associations, a badly handled disrepair claim can mean significant financial exposure and reputational damage. For tenants and occupiers, living or working in a property that’s not fit for purpose affects everything from your health to your business.
We act for clients on both sides of these disputes. That means we understand the tactics, the pressures and the legal framework from every angle. Our property disputes team works closely with our commercial property solicitors, so whether you need someone to defend a housing disrepair claim, pursue a dilapidations settlement or negotiate a schedule of works, you’ll get advice that’s joined up and commercially focused.
We’ve handled disrepair and dilapidations claims for housing associations, local authorities, private landlords, commercial tenants, developers and individual homeowners. Whatever your situation, we’ll talk you through your options honestly and help you move forward quickly.
Ready for a free, no-obligation chat about your situation? Call us on 02920 829 100 or use our Contact us form.
Housing disrepair is a legal term for when a rented property falls below the standard a landlord is required to maintain. Under Section 11 of the Landlord and Tenant Act 1985, landlords of residential properties must keep the structure and exterior of the property in repair, along with installations for water, gas, electricity, heating and sanitation.
When a landlord knows about a problem and fails to fix it within a reasonable time, tenants can bring a housing disrepair claim. These claims can result in court-ordered repairs, compensation for the tenant’s inconvenience and discomfort, and damages for any health problems or property damage caused by the disrepair.
Common housing disrepair issues include:
Housing disrepair claims can be brought against private landlords, housing associations and local authorities. Since October 2025, social landlords also face additional obligations under Awaab’s Law, with strict timeframes for investigating and resolving certain hazards.
Dilapidations are claims that arise at the end of a commercial or residential lease when there’s a dispute about the condition the property should be returned in. In simple terms, dilapidations are the repairs, redecoration and reinstatement works a tenant is required to carry out under the terms of their lease. The RICS Dilapidations in England and Wales Consumer Guide provides a useful overview of the process and what to expect.
At the end of a lease, the landlord will typically instruct a surveyor to inspect the property and prepare a schedule of dilapidations. This document lists every item of disrepair, every alteration that needs removing, and every element of redecoration required under the lease terms. The tenant then has the opportunity to either carry out the works, negotiate the schedule, or agree a financial settlement.
If the parties can’t agree, the dispute can escalate to court. Under the Dilapidations Pre-Action Protocol (formally the Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy), both sides must follow a structured process before issuing proceedings. The landlord must serve a quantified demand, and the tenant has 56 days to respond.
Dilapidations claims can involve substantial sums. RICS estimates the average cost at around £7.27 per square foot, so for a larger commercial property, the figures can easily reach six figures.
Terminal dilapidations are the most common type. These arise at the end of a lease when the tenant has vacated the property. The landlord assesses the condition, identifies breaches of the repair covenant, and serves a schedule setting out the works needed and their cost.
Interim dilapidations arise during the lease term. If a landlord inspects the property and finds the tenant isn’t meeting their repair obligations, they can serve an interim schedule requiring the tenant to carry out works while the lease is still running.
For landlords, housing associations and registered providers facing disrepair claims from tenants, we provide robust, practical defence. We’ll assess the merits of the claim quickly, advise on your exposure, and work to achieve the best outcome, whether that’s defending the claim, negotiating a settlement, or agreeing a programme of works on terms that work for you.
If you’re a tenant living in a property that’s in disrepair and your landlord isn’t responding to complaints, we can help you take action. We’ll advise on whether you have a claim, what evidence you need, and the best route to getting repairs done and securing compensation.
If you’re a landlord approaching the end of a commercial lease, early preparation is essential. We work with surveyors to prepare and serve schedules of dilapidations, negotiate with tenants and their advisers, and pursue claims through the courts or alternative dispute resolution if settlement isn’t possible.
Receiving a schedule of dilapidations can be daunting, particularly when the sums claimed are significant. We’ll review the schedule carefully, challenge items that aren’t properly supported by the lease, and negotiate to reduce your exposure. We’ll also advise on whether it’s better to carry out the works yourself or agree a financial settlement.
Since October 2025, social landlords in England face strict statutory timeframes for investigating and resolving damp, mould and emergency hazards. From October 2026, these obligations expand to cover additional hazards including excess cold and heat, falls, and hygiene issues. We advise housing associations and registered providers on compliance, and defend claims where tenants allege a breach of these new duties.
Whether you’re challenging or defending a schedule of dilapidations, getting the detail right matters. We work alongside experienced surveyors to scrutinise every item, check it against the lease terms, and build a robust position for negotiation or litigation.
Awaab’s Law, introduced in England through the Social Housing (Regulation) Act 2023 and named after two-year-old Awaab Ishak who died from prolonged mould exposure in his family’s social housing home, has fundamentally changed the landscape for housing disrepair claims. In Wales, the Landlord Obligations are under the Renting Homes (Wales) Act 2016 and The Fitness for Human Habitation (Wales) Regulations 2022. These outline 29 specific matters that landlords must consider to determine whether a property is fit for habitation. These include issues related to dampness, safety, and structural integrity.
Social landlords must now comply with strict timeframes for damp, mould and emergency hazards. For full details, see the official Awaab’s Law guidance for social landlords published by the government:
The obligations expand to cover additional significant hazards including excess cold and excess heat, falls, structural collapse, fire, electrical hazards, explosions, and domestic hygiene and food safety issues.
Almost all hazards listed under the Housing Health and Safety Rating System will be covered, apart from overcrowding.
For housing associations and registered providers in England, Awaab’s Law creates a new layer of legal exposure. Failure to meet these timeframes is a breach of contract, and tenants can bring claims through the courts. The defence of “lifestyle choices” is no longer acceptable for damp and mould. Landlords do have a defence of reasonableness if they can demonstrate they took all reasonable steps to comply but were prevented by circumstances genuinely beyond their control, such as the tenant refusing access.
Housing disrepair claims were already rising sharply before Awaab’s Law came into force. The new statutory timeframes are expected to drive a further increase. The Housing Ombudsman’s Awaab’s Law learning resources provide useful case studies and guidance for housing providers looking to strengthen their compliance processes.
The Renters’ Rights Act 2025, which received Royal Assent on 27 October 2025, includes provisions to extend Awaab’s Law to privately rented homes in England. The timetable for this extension hasn’t been confirmed yet, but it’s expected to follow after the Act’s main reforms take effect from 1 May 2026. Private landlords in England should start preparing now. The situation in Wales is governed by the Renting Homes (Wales) Act 2016 and there is a robust system in place for tenants.
Step 1: Early preparation (6 to 12 months before lease end) Instruct a surveyor to carry out an initial inspection. This lets you identify what alterations the tenant needs to remove and gives the tenant time to carry out works before vacating.
Step 2: Terminal inspection and schedule After the tenant vacates, your surveyor reinspects and prepares a full schedule of dilapidations listing every breach of the repair, decoration and reinstatement covenants.
Step 3: Quantified demand You (or your solicitor) serve the schedule alongside a quantified demand setting out the total value of the claim, including the cost of works, loss of rent during the repair period, and professional fees.
Step 4: Negotiation The tenant has 56 days to respond under the Dilapidations Pre-Action Protocol. Most claims are then resolved through negotiation between the parties’ solicitors and surveyors, often at a without-prejudice meeting.
Step 5: Resolution or litigation If negotiation doesn’t produce a settlement, the options include mediation, expert determination, or court proceedings. The court can award damages covering the cost of repair works, loss of rent, and professional fees, but the landlord’s recovery is capped at the actual diminution in value of the property (under Section 18 of the Landlord and Tenant Act 1927).
Start early. If you have a longer lease, review your dilapidations exposure at least 18 months before the end of the term. Instruct your own surveyor to carry out an independent assessment. Consider whether it’s more cost-effective to carry out the works yourself or negotiate a financial settlement.
Key defences that can reduce your exposure include:
All housing disrepair claims must follow the Pre-Action Protocol for Housing Condition Claims (often called the Housing Disrepair Protocol). This structured process is designed to encourage early resolution and avoid unnecessary court proceedings.
Step 1: Report the disrepair The tenant must notify the landlord of the disrepair in writing, ideally with photographs and a clear description of the problem. It’s important to keep records of all complaints, including dates, who you spoke to, and any responses.
Step 2: Letter of claim If the landlord doesn’t resolve the issue within a reasonable time, a formal letter of claim is sent setting out the defects, the legal basis for the claim, and what the tenant is seeking (repairs and/or compensation).
Step 3: Expert evidence An independent surveyor inspects the property and prepares a report assessing the disrepair, the works needed, and the estimated cost. If the tenant is claiming health impacts, medical evidence may also be needed.
Step 4: Negotiation Most housing disrepair claims settle at this stage. The parties negotiate a schedule of works (to get the repairs done) and a compensation figure for the tenant’s inconvenience, loss of amenity, and any specific losses.
Step 5: Court proceedings If the landlord won’t engage or the parties can’t agree, the claim proceeds to the County Court. The court can order the landlord to carry out repairs, award compensation, and order costs against the landlord.
You won’t be passed through layers of gatekeepers here. When you call, you’ll speak to the solicitor handling your matter. You’ll have their mobile number, their email, and a genuine working relationship. Our clients tell us this makes all the difference, especially when you’re dealing with the time pressures of a disrepair claim or an approaching lease end.
This is a genuine advantage. Because we act for both landlords and tenants in disrepair and dilapidations disputes, we understand the tactics, the pressures, and the commercial realities from every angle. That means better-informed advice and more realistic strategies, whichever side of the dispute you’re on.
Our property disputes team works alongside our commercial property solicitors. So if your dilapidations dispute raises questions about the lease terms, or your disrepair issue connects to a broader landlord and tenant matter, you get seamless, joined-up advice without instructing multiple firms.
You’ll always get the full picture from us. Clear options, each with its own risk level, so you can make informed decisions. No sugar-coating, no hedging. Just practical guidance and high-quality legal work at a fair price.
Devolved decision-making and flexible working hours mean we can move at pace. You’ll get faster responses, even outside regular office hours. When you’re facing a 56-day deadline to respond to a schedule of dilapidations or a pre-action letter, that responsiveness matters.
We’re the leading commercial law firm with offices in South and North Wales offering Welsh language legal services at every level, from trainees right through to partners. This isn’t an add-on or a tick-box exercise. It’s part of who we are, and it’s earned us a strong reputation, particularly with Welsh housing associations and public sector bodies. If you need a solicitor who can work fluently in Welsh, you’ll find that expertise right across our team.
Call us or fill in our contact form and we’ll arrange a no-obligation chat with a member of our property disputes team. We’ll listen to your situation, explain where you stand legally, and give you an honest assessment of your options.
Once we understand your case, we’ll set out a clear strategy with realistic timescales and costs. For dilapidations, this usually means instructing a surveyor and reviewing the lease terms. For housing disrepair, it means gathering evidence and assessing whether to pursue or defend the claim, and how.
Whether that’s serving or responding to a schedule, sending a letter of claim, negotiating with the other side, or instructing experts, we’ll move quickly and keep you updated at every stage. You’ll have direct access to your solicitor throughout.
Our aim is always to resolve matters as efficiently as possible. Most disrepair and dilapidations cases settle through negotiation. If court proceedings become necessary, we’ll prepare your case thoroughly and represent your interests effectively.
We believe you should know what you’re paying for from the start. When we take on your case, we’ll provide a clear fee estimate based on the work involved and keep you updated if anything changes.
Depending on your circumstances, funding options may include:
We’re always upfront about costs. If a case isn’t worth pursuing or defending, we’ll tell you that too.
We regularly instruct Darwin Gray to provide professional legal services for residential leasehold and commercial property matters within South Wales. Their service in dealing with our transactional matters and disputes is always professional and efficient.
John Poppleton, Director, Absolute Property Management Solutions Ltd
I am delighted with the service provided. The whole experience was positive and the feedback to questions was excellent. I would recommend them to my friends.
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Amazing service once again by the team from Darwin Gray. A professional and pragmatic approach to the task in hand. Thanks again guys keep up the great work.
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5* highly recommend this firm, very honest, listens to your needs, very friendly, guides you through every step, fantastic communications.
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Housing disrepair is when a rented residential property falls below the condition a landlord is legally required to maintain. Under Section 11 of the Landlord and Tenant Act 1985, landlords must keep the structure, exterior, and key installations (heating, water, gas, electrics, sanitation) in repair. If a landlord knows about a defect and fails to fix it within a reasonable time, the tenant may have a claim for compensation and an order requiring the landlord to carry out the works. Common issues include damp and mould, leaking roofs, faulty boilers, dangerous electrics, and pest infestations. Since October 2025, social landlords in England face additional statutory timeframes under Awaab’s Law for certain hazards.
Dilapidations refers to the repairs, redecoration and reinstatement works a tenant is required to carry out under their lease when the tenancy comes to an end. In practice, the term usually describes a claim by a landlord against a tenant for the cost of putting the property back into the condition required by the lease. The landlord’s surveyor prepares a schedule of dilapidations listing every item of disrepair, and the tenant either carries out the works, negotiates the schedule, or agrees a financial settlement. Dilapidations disputes are most common in commercial property but can arise in residential leases too.
A schedule of dilapidations is a detailed document, usually prepared by a surveyor, listing every item of disrepair or non-compliance with the lease’s repair, decoration, and reinstatement covenants. For terminal dilapidations (at the end of a lease), the schedule sets out what works are needed, the cost of each item, and the legal basis under the lease. Once served on the tenant alongside a quantified demand, the tenant has 56 days to respond under the Dilapidations Pre-Action Protocol.
The timeframe varies depending on the complexity of the case and how cooperative the landlord is. Straightforward claims where the landlord engages with the pre-action protocol can settle within a few months. More contested cases, particularly those involving significant compensation claims or personal injury claims, can take six months to over a year. If court proceedings are necessary, the process takes longer. We always aim to resolve matters as quickly as possible, and our first priority is getting repairs done.
Under the first phase of Awaab’s Law (in force in England since 27 October 2025), social landlords must investigate emergency hazards and make the property safe within 24 hours. Significant damp and mould hazards must be investigated within 10 working days, with a written summary provided within 3 working days and the property made safe within 5 working days. All repair works must physically begin within 12 weeks. Phase 2 (from October 2026) extends these obligations to hazards including excess cold/heat, falls, fire, and hygiene issues. Phase 3 (from October 2027) covers almost all HHSRS hazards except overcrowding.
Yes, there are several ways to reduce a dilapidations claim. Under Section 18(1) of the Landlord and Tenant Act 1927, the landlord’s recovery is capped at the actual diminution in value of their reversionary interest, not the full cost of the works. If the landlord plans to demolish or substantially refurbish the property, their loss may be far less than what the schedule claims. Other defences include relying on a schedule of condition that was attached to the lease, challenging items that don’t properly reflect the lease terms, and demonstrating that the landlord’s proposed remedies are disproportionate.
Not yet. Awaab’s Law currently applies only to social housing tenancies (local authorities and registered providers like housing associations) in England. The Renters’ Rights Act 2025 includes provisions to extend Awaab’s Law to the private rented sector in England, but the timetable for this hasn’t been confirmed. It’s expected to follow after the main reforms take effect from May 2026. Private landlords still have existing obligations under Section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. The situation in Wales is governed by the Renting Homes (Wales) Act 2016 and there is a robust system in place for tenants.
The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (commonly called the Dilapidations Protocol) is a mandatory procedure that parties must follow before issuing court proceedings. The landlord must serve a schedule of dilapidations and a quantified demand. The tenant then has 56 days to respond, stating whether they agree or disagree with each item and providing their own costings where they dispute the landlord’s figures. The parties should then meet on a without-prejudice basis to try to resolve the claim. Non-compliance with the Protocol can result in costs penalties, even for the winning party.
For tenants, the key evidence includes: photographs and videos of the disrepair (dated if possible), copies of all written complaints to the landlord (letters, emails, text messages, online reports), records of any phone calls including dates and who you spoke to, receipts for any emergency repairs or replacement items you’ve paid for, and medical evidence if the disrepair has affected your health. For landlords defending claims, good record-keeping is critical, including maintenance logs, inspection reports, correspondence with the tenant, and records of works carried out.
The cost of pursuing or defending a dilapidations claim depends on the complexity and value of the dispute. Surveyor fees for preparing or responding to a schedule typically range from a few thousand pounds for a small property to tens of thousands for a large commercial building. Legal fees vary depending on whether the matter settles through negotiation or requires court proceedings. We provide clear fee estimates at the outset and keep you informed of costs throughout. Early advice almost always saves money in the long run, and we’ll tell you if the cost of pursuing or defending a claim doesn’t make commercial sense.
No. There are legal protections in place to prevent retaliatory eviction. Under the Deregulation Act 2015, a landlord in England cannot serve a Section 21 notice (no-fault eviction) for six months after being served with an improvement notice or emergency remedial action notice by the local authority. From May 2026, Section 21 notices will be abolished entirely under the Renters’ Rights Act 2025. Social housing tenants have additional protections. Your landlord cannot treat you unfairly for making a complaint about disrepair. The situation in Wales is governed by the Renting Homes (Wales) Act 2016 and there is a robust system in place for tenants.
This depends on your specific circumstances. Carrying out the works yourself gives you control over costs and the quality of workmanship. A financial settlement offers certainty and avoids the risk of the landlord arguing the works weren’t done to the required standard. There’s also a tactical element: signalling willingness to do the works can reveal the landlord’s true intentions for the property, which may support a Section 18 defence. We’ll help you weigh up the options based on the lease terms, the scale of the works, and the landlord’s likely plans for the property.
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We act for clients across England and Wales. While our offices are in South and North Wales, we regularly handle housing disrepair and dilapidations matters for clients nationwide. Remote consultations by phone and video are always available.
If you’re dealing with a housing disrepair claim or a dilapidations dispute, the sooner you get advice, the better your position. Whether you’re a landlord, housing association, tenant, or commercial occupier, we’ll give you an honest assessment of where you stand and what your options are.
Contact us for a free, no-obligation chat to see how we can help. Whether you are the owner of a residential property or a commercial landlord, contact our property litigation solicitors on 02920 829 100 or by using our contact form.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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