If you are living in a rented property in Windsor and have encountered persistent issues such as mould, leaks, faulty heating, or structural damage, you may be entitled to file a disrepair claim against your landlord. Property disrepair can have a serious impact on your daily life, health and safety. Thankfully, the law is on your side.
This comprehensive guide from Marley Solicitors explains everything you need to know about disrepair claims, your legal rights as a tenant, and how we can help residents of Windsor take action. Whether you’re renting from a housing association, a local authority, or a private landlord, we offer clear advice and expert legal support to help you get the repairs and compensation you deserve.
What counts as housing disrepair?
Housing disrepair refers to the condition of a rented property falling below a legally acceptable standard due to lack of maintenance. Your landlord has a duty to ensure that the property you are living in is safe, secure and habitable. When they fail to do so, and you suffer inconvenience, financial loss or health problems as a result, this may give rise to a legal claim.
Examples of common housing disrepair issues include:
- Persistent damp or black mould
- Leaking roofs, ceilings or plumbing
- Broken or inefficient heating and hot water systems
- Electrical hazards or faulty wiring
- Insect or rodent infestations
- Unsafe stairs, doors or windows
- Damage to flooring or structural elements
- Crumbling plaster or paintwork due to water ingress
If you are unsure whether the issue in your home qualifies as disrepair, it is worth speaking to a legal expert. At Marley Solicitors, we provide free initial consultations to help assess your situation.
Your legal rights as a tenant in Windsor
All tenants in England, including those in Windsor, are protected under several pieces of legislation that place legal duties on landlords to keep properties in good condition. These include:
- The Landlord and Tenant Act 1985
- The Homes (Fitness for Human Habitation) Act 2018
- The Defective Premises Act 1972
Under these laws, landlords must ensure that the structure and exterior of the property are maintained and that key services, such as water, gas, heating, sanitation, and electricity, are in working order. If a property is not fit for human habitation, the tenant has the right to take legal action.
What steps should I take if my home is in disrepair?
If you believe your home is in disrepair, follow these steps to protect your rights and build your case:
- Report the issue to your landlord
You should always notify your landlord as soon as possible in writing. Clearly describe the problem and how it affects your living conditions. Include photographs, dates and any communication you’ve already had. Keep a copy of all correspondence.
- Allow time for repairs
Your landlord should respond within a reasonable period, depending on the urgency. Emergency repairs (like dangerous wiring or a boiler breakdown) should be dealt with quickly. If no action is taken, escalate the matter by writing again and explaining that legal advice will be sought.
- Seek medical help if needed
If the disrepair is causing you health problems, contact a local GP or clinic. For example, you may want to visit Sheet Street Surgery, Clarence Medical Centre, or services provided by Berkshire Healthcare NHS Foundation Trust. Keep a record of any diagnoses or treatments, as this can strengthen your case.
- Contact Marley Solicitors
We can assess whether you have a valid claim and advise you on your options. Our expert legal team supports Windsor residents through the claims process and ensures your voice is heard.
Can I claim compensation for housing disrepair?
Yes. If your landlord has failed to carry out necessary repairs, you may be entitled to compensation. This is usually based on:
- The rent you have paid during the period of disrepair
- Physical damage to belongings or furniture
- The effect on your physical and mental health
- The level of inconvenience caused (such as being unable to use part of your home)
Compensation awards vary but are typically calculated as a percentage of your rent, often between 25% and 50%. If the disrepair has persisted for a long time or has severely impacted your health, the amount may be higher.
You can also claim for any financial losses directly caused by the disrepair, such as higher heating bills due to poor insulation or damaged carpets that you had to replace.
Who can make a disrepair claim in Windsor?
You may be eligible to file a disrepair claim if you meet the following criteria:
- You are a tenant (private, council or housing association)
- You have reported the disrepair to your landlord
- Your landlord has failed to fix the problem in a reasonable time
- The disrepair has caused you inconvenience, damage or health issues
It is worth noting that you do not have to move out of the property to bring a claim. In fact, many of our clients remain in their homes while we pursue legal action to get the necessary repairs carried out.
What if I live in a council or housing association home?
If you are a tenant of the Royal Borough of Windsor and Maidenhead Council or a housing association, the same legal responsibilities apply. However, tenants in social housing can also escalate complaints to the Housing Ombudsman, an independent body that helps resolve disputes between tenants and landlords.
Before involving the Ombudsman, you should complete your landlord’s internal complaints procedure. If the issue remains unresolved after eight weeks, you can ask the Ombudsman to intervene. However, many tenants choose to speak to a solicitor first to assess whether a court claim is a better route.
Is legal support affordable?
At Marley Solicitors, we believe everyone deserves access to justice, regardless of income. That is why we offer a no win, no fee service for eligible disrepair claims. This feature means legal expenses won’t be paid unless your claim is accepted.
We will assess your case during a free consultation and explain any potential costs in clear, simple terms. If we take your case on, we will manage the process from start to finish, including gathering evidence, negotiating with your landlord and representing you in court if needed.
FAQs
Can I claim for housing disrepair in Windsor if my landlord is a private individual?
Yes, both private landlords and housing associations are legally obliged to maintain their properties. If you live in Windsor and your private landlord is neglecting their responsibilities, you can make a legal claim with support from Marley Solicitors.
How long does a disrepair claim take to resolve?
It depends on the complexity of the case and the landlord’s response. Some cases settle in a few months, especially if repairs are time-sensitive, while others may take longer if court action is necessary. Our solicitors will keep you updated at every stage.
Can I claim if disrepair has affected my child’s health?
Absolutely; if your child has suffered due to mould, damp or unsafe living conditions, this can be included in your compensation claim. Make sure to seek medical advice locally from services like St Mark’s Hospital or a Windsor-based GP and keep detailed records.
Contact Marley Solicitors for expert help with disrepair claims in Windsor
Living in a home that is unsafe or in poor condition is not something you have to accept. If your landlord is failing to act, take control today. Marley Solicitors is proud to support tenants across Windsor with dedicated, specialist legal services for housing disrepair.
We offer a no win, no fee service, so there is no financial risk in getting the help you need. Whether your claim involves mould, leaks, broken heating or serious structural issues, we are here to fight for your rights and secure the compensation you deserve.
Contact Marley Solicitors today for a free, no-obligation consultation and let us help you put things right.
