Housing Disrepair Solicitors in Liverpool: Making a Claim Against Your Council or Housing Association

If you live in Liverpool and your  council or housing association landlord has failed to repair damp, mould, leaks, or structural problems within a reasonable time, you may be entitled to compensation and to have the repairs carried out. A claim can be brought under the Defective Premises Act 1972 and Section 11 of the Landlord and Tenant Act 1985, provided your landlord knew, or should have known, about the disrepair and failed to act.

What Counts as Housing Disrepair?

Housing disrepair is not simply a property that has fallen into disuse or general wear and tear. It refers to a failure by your landlord, whether Liverpool City Council, a registered housing association such as Liverpool Mutual Homes successor organisations, Riverside, or another social landlord, to maintain the property to the standard required by law.

Common examples seen in Liverpool housing stock, much of which is older terraced and high-density social housing, include:

• Persistent damp and mould, particularly in properties with solid walls or poor ventilation
• Leaking roofs, guttering, or plumbing causing internal water damage
• Defective windows and doors that let in cold air or water
• Faulty electrical wiring or heating systems
• Structural issues such as subsidence, cracked walls, or unsafe flooring
• Pest infestations linked to structural defects, such as gaps allowing rodent access
• Broken external steps, paths, or communal areas creating a trip hazard

Not every defect amounts to actionable disrepair. The property must have a defect that the landlord is legally responsible for, and the landlord must have had reasonable notice and a reasonable opportunity to fix it before liability arises.

The Legal Basis for a Claim

Landlord and Tenant Act 1985, Section 11

Section 11 places an implied obligation on most residential landlords, including councils and housing associations, to keep in repair the structure and exterior of the property, and to keep in working order installations for the supply of water, gas, electricity, sanitation, space heating, and water heating. This applies regardless of what your tenancy agreement says, and a landlord cannot lawfully contract out of it for most assured or secure tenancies.

Defective Premises Act 1972

Where disrepair causes injury, illness, or damage to belongings, the Defective Premises Act 1972 can impose liability on a landlord who fails to take reasonable care to ensure the property is safe, particularly where they knew or ought to have known of a defect. This is often the route used to support a claim for personal injury or damaged possessions arising from disrepair, such as respiratory problems caused by mould or injury from a collapsing ceiling.

Notice and Knowledge

A landlord is generally only liable once they have been given notice of the defect, whether by you reporting it directly, a surveyor’s report, or another means, and have then failed to repair it within a reasonable period. What counts as reasonable depends on the severity of the issue. A burst pipe causing flooding demands a faster response than a slow-developing patch of damp, though both should be addressed without unreasonable delay.

What Compensation Might Cover

Compensation in a successful housing disrepair claim against a Liverpool council or housing association typically falls into two categories.

General damages compensate for loss of enjoyment of the property, calculated by reference to factors such as the severity of the disrepair, how much of the property was affected, and how long it persisted. A single damp patch in a box room over a few months will be valued very differently to extensive mould affecting bedrooms and living areas over several years.

Special damages cover quantifiable financial losses, such as:

• Damaged furniture, carpets, or belongings
• Increased heating costs from poor insulation or broken heating systems
• Costs of alternative accommodation if the property became uninhabitable
• Medical costs linked to illness caused by the conditions, where supported by medical evidence

Compensation will depend on the severity and duration of the disrepair, the impact on you and your household, and the strength of the evidence gathered. There is no fixed tariff, and any solicitor who quotes a guaranteed figure before reviewing your case should be treated with caution.

The Pre-Action Protocol Process

Housing disrepair claims against social landlords follow the Housing Conditions Pre-Action Protocol, which sets out the steps both sides must take before court proceedings are considered. In broad terms, the process involves:

1. Letter of claim sent to the landlord, setting out the defects, when they were reported, and the impact on the household.
2. Landlord’s response, usually within 20 working days, in which they should disclose relevant repair records and either admit or dispute liability.
3. Inspection, often by a single joint expert surveyor, to assess the property and produce a report on the defects and required works.
4. Negotiation, based on the surveyor’s findings, repair records, and evidence of impact, with the aim of agreeing repairs and compensation without court involvement.
5. Court proceedings, only where the protocol process fails to resolve matters, at which point a claim can be issued through the county court.

Our detailed guide to this process is available at our pre-action protocol explainer, which sets out timescales and what to expect at each stage in more depth.

Evidence That Strengthens a Liverpool Housing Disrepair Claim

The strength of a claim usually comes down to evidence. Before instructing a solicitor, it helps to gather:

• Dated photographs and, where possible, video showing the progression of the disrepair
• Copies of repair requests, whether by phone log, email, online portal, or letter, including dates
• Any responses or visit confirmations from the landlord or its contractors
• Medical evidence where the disrepair has affected health, such as GP letters referencing damp or mould exposure
• Receipts for damaged items or additional costs incurred because of the disrepair
• Witness accounts from household members or visitors who can speak to the conditions

Liverpool tenants often find that council and housing association repair logs are inconsistent, particularly where reports were made by phone rather than in writing. Keeping your own contemporaneous record, even a simple dated diary, can make a material difference to how a claim is assessed.

Why Use a Specialist Housing Disrepair Solicitor

Pursuing a claim directly against a council or large housing association can be daunting. These organisations typically have legal teams and established processes for managing disrepair claims, and the pre-action protocol contains procedural steps that are easy to get wrong without experience.

A solicitor experienced in housing disrepair will know how to:

• Frame the letter of claim to address the specific legal tests under Section 11 and the Defective Premises Act 1972
• Instruct an appropriate surveyor and interpret their findings
• Push back on landlords who delay, deny knowledge of the defects, or downplay their severity
• Value the claim accurately by reference to comparable cases and the actual impact on your household

At Satchell Moran Solicitors, our housing disrepair team has handled claims against councils and housing associations across England and Wales, including where our office is based in Liverpool, and we hold dual Lexcel accreditation, the Law Society’s recognised standard for legal practice management and client care. We act on a no-win, no-fee basis for housing disrepair claims, meaning you will not pay our fees if your claim does not succeed, and there is no upfront cost to start.

How to Start a Housing Disrepair Claim in Liverpool

If you believe your council or housing association has failed to repair your home:

1. Report the disrepair in writing if you have not already, even if you previously reported it by phone, so there is a clear record
2. Photograph and document the issues, noting dates and any deterioration over time.
3. Keep copies of all correspondence, including any contractor visit reports.
4. Seek medical advice if the disrepair is affecting your health, and mention the housing conditions to your GP.
5. Contact a specialist housing disrepair solicitor to review whether your situation meets the legal threshold for a claim.

You can read more about how the claims process works on our main housing disrepair claims page, and our guide to housing repair breach claims sets out the specific circumstances in which a breach of repairing obligations gives rise to a claim.

Speak to Us

If you are a council or housing association tenant in Liverpool living with unresolved disrepair, you do not have to manage the process alone. Satchell Moran Solicitors offers a no-win, no-fee service for housing disrepair claims, with an initial enquiry that carries no obligation and no cost. Get in touch today to find out whether you have grounds for a claim.