Major property disrepair can cause significant disruption, financial loss and, in serious cases, genuine health and safety risks. Whether you are a tenant living with unsafe conditions, a leaseholder suffering from prolonged deterioration in a block, or a commercial occupier whose operations have been affected by building defects, establishing a strong legal case is essential. Taking the right steps early not only strengthens your legal position but can help secure repairs and a fair settlement without the need for litigation.

Major Property Disrepair Claims: How to Build a Strong Legal Case and Recover Compensation

Alicia Borrill January 2, 2026

Major property disrepair can cause significant disruption, financial loss and, in serious cases, genuine health and safety risks. Whether you are a tenant living with unsafe conditions, a leaseholder suffering from prolonged deterioration in a block, or a commercial occupier whose operations have been affected by building defects, establishing a strong legal case is essential.

Taking the right steps early not only strengthens your legal position but can help secure repairs and a fair settlement without the need for litigation.

Legal responsibilities in Property Disrepair Claims

Claims may arise from contractual obligations under a lease or tenancy agreement, statutory duties owed by landlords and property owners, or common law duties such as negligence. The precise obligations vary depending on whether the property is residential or commercial and on the specific wording of the agreement.

Identifying the correct legal basis at the outset ensures that evidence is collected in a way that supports the relevant legal tests.

How to report Property Disrepair to the Responsible Party Promptly and Clearly

One of the most important steps in a property disrepair claim is proving that the landlord, freeholder or managing agent was notified of the defect and failed to act. A strong disrepair case usually requires proof that the responsible party, often the landlord, freeholder or managing agent, was informed of the issue and failed to act within a reasonable timeframe.

Written notification is always preferable as it provides a clear record of what was reported and when. Setting out the nature of the defect, its location, any associated risks and whether it is worsening will strengthen your position.

It is important to keep copies of all emails, letters, online repair reports, text messages and any acknowledgements or responses you receive. These communications may become key evidence in establishing liability and showing that you acted promptly and responsibly.

What Evidence You Need for a Property Disrepair Claim.

Evidence is often the decisive factor in disrepair disputes. Photographs and videos are essential, particularly when taken at different stages to demonstrate how the defect has worsened over time Professional reports from surveyors, structural engineers or damp specialists can also provide authoritative assessments of the cause and severity of the problem.

Where disrepair has affected health, medical or GP reports may be relevant. If you have incurred financial loss, such as replacing damaged belongings, paying for temporary accommodation or addressing safety issues, retain all receipts and documentation. Keeping a timeline or diary noting key events, deterioration, communications and attempted repairs can also help construct a clear narrative of the dispute.

Demonstrate the Impact of the Disrepair

A successful claim does not only establish that disrepair exists; it must also show how it has affected the occupier. This may include loss of use of parts of the property, damage to personal belongings, business interruption, additional expenditure to manage the problem, or health implications caused by damp, infestation or structural issues.

The more precisely this impact is quantified and evidenced, the stronger the claim.

Pre-Action Protocol Requirements for Property Disrepair Claims

Before litigation is commenced, the relevant Pre-Action Protocol should be followed. For housing cases, this is the Pre-Action Protocol for Housing Conditions Claims, which encourages early resolution by requiring the timely exchange of information and evidence. For commercial property cases, the Pre-Action Protocol for Property Disputes applies.

The Protocol typically requires the tenant or claimant to send a detailed Letter of Claim, supported by evidence such as photographs, expert reports and a schedule of damages. The landlord or property owner must then provide a formal response within the required timeframe, addressing liability, proposed repairs and any settlement position.

Failure to comply can result in cost penalties or procedural delays, so early legal guidance is advisable.

Obtain an Independent Expert Report

Independent expert evidence is often the most persuasive element of a disrepair case. A qualified surveyor or specialist can identify the cause of the defect, assess whether the landlord or property owner has breached their obligations, recommend remedial works and estimate repair costs. Courts place considerable weight on expert reports, and selecting an experienced expert familiar with litigation requirements is essential.

Understand the Remedies Available

The remedies for major property disrepair vary depending on the circumstances but commonly include:

Compensation for inconvenience, damage to belongings, health impacts or financial losses.
Orders requiring the responsible party to carry out repairs, often known as specific performance.
Rent reductions or repayment, where the occupier has been deprived of full use of the property.

In severe cases involving fundamental breach, termination of the lease may be possible. Understanding the potential remedies helps structure the claim effectively and ensures the evidence gathered supports those outcomes.

Consider Alternative Dispute Resolution (ADR)

Many disrepair disputes can be resolved without court proceedings. Negotiation, mediation or without-prejudice discussions can allow repairs and compensation to be agreed more quickly and cost-effectively. ADR tends to be most successful when the evidential groundwork such as photographs, expert reports and documented communication, has already been completed. A well-prepared case increases the likelihood of a favourable settlement.

When to Seek Legal Advice for a Property Disrepair Claim

Disrepair claims often involve overlapping contractual, statutory and technical issues. Early legal advice can help identify the strongest basis of claim, ensure that evidence is collected appropriately and protect your position during communications with landlords, freeholders or managing agents. Legal involvement also reduces the risk of delay tactics, denial of responsibility or procedural obstacles being used to weaken the claim.

Where urgent danger exists, solicitors can take immediate steps, including seeking interim relief from the court.

How we can help

Major property disrepair can have serious consequences for the safety, wellbeing and financial position of occupiers. Building a strong legal case requires prompt reporting, organised evidence, reliable expert input and a clear understanding of contractual and statutory duties. By taking the right steps early, you improve your prospects of achieving timely repairs, recovering losses and avoiding protracted disputes.

The Jonathan Lea Network regularly advises tenants, landlords, leaseholders and commercial occupiers on all aspects of property disrepair, from early-stage guidance through to expert instruction and litigation. If you believe you have a potential claim, or wish to protect your position in response to one, our team would be pleased to assist.

We usually offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

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This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.