Leaks & water damageNo win, no feeSRA #809071

A leak in my rented home — what can I claim?

If your Council or Housing Association rental has a leak, a burst pipe, or ceiling and wall damage from water the landlord has failed to fix, you can usually claim compensation and a court order forcing the repairs. Under Section 11 of the Landlord and Tenant Act 1985 the landlord must keep in repair the structure and exterior — walls, roof, drains — and the installations for water supply, sanitation and heating. Where they have been told and have not acted within a reasonable time, you can claim damages for the loss of enjoyment of the property, plus special damages for ruined belongings, replacement furniture, increased utility bills, and any temporary accommodation costs. Most awards we see for serious leak cases sit between £1,500 and £15,000 depending on how long the problem went unresolved and how much of the home it affected.

Reviewed by Sannah Khatoon — litigation & housing disrepair solicitor.

SRA #654258 · Admitted 2018 · Verify on SRA register

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What to do right now

Three things to do today

Photograph the leak at source and the damage

Take dated photos of where the water is coming in, the wet patches on walls and ceilings, and every item that has been damaged. A short phone video walking from the leak source through the affected rooms is some of the best evidence we see.

Keep every bit of correspondence

Text messages, emails, letters, repair tickets, complaint reference numbers. If your landlord is a council or housing association, log the complaint through their formal complaints process so there is a documented timeline of reports and inaction.

Call us before you accept temporary patches

Repeated patch jobs that fail delay the proper fix and can mask the real cause from a surveyor. A specialist housing solicitor can help you tell the landlord in writing what is actually required under Section 11 LTA 1985.

The law behind the claim

The statutes we rely on

Section 11, Landlord and Tenant Act 1985

Landlord must keep in repair the structure and exterior — including walls, roof, drains and gutters — and the installations for water, gas, electricity, sanitation and heating. Leaks caused by failed plumbing, missing tiles, or burst pipes fall inside this duty. The duty cannot be contracted out of.

Pre-Action Protocol for Housing Conditions Claims

A court-set process every housing disrepair solicitor must follow before issuing proceedings. We serve a formal letter of claim listing the disrepair; the landlord has 20 working days to respond; an independent surveyor is instructed, and most cases settle through this protocol without the need for a court hearing.

Section 9A, Homes (Fitness for Human Habitation) Act 2018

For tenancies granted or renewed on or after 20 March 2019, the property must be fit for human habitation throughout. Serious leaks that produce secondary damp or render rooms unusable are frequently cited by courts as rendering a property unfit under this section.

Common questions

FAQ

My landlord keeps patching the leak but it comes back — can I claim?

Yes. Repeated short-term patching that fails to fix the underlying cause is still disrepair under Section 11 LTA 1985 if the landlord has been given notice and reasonable time. A specialist housing solicitor can instruct an independent surveyor to identify the root cause (failed flashing, missing tiles, worn damp-proof course, a sub-floor pipe) and value the ongoing loss.

What can I claim for ruined belongings?

Special damages cover items damaged by the leak: clothing, bedding, soft furnishings, electrical items, carpets, and any temporary accommodation you have had to pay for. Keep photos of each item and receipts for anything you have replaced. The compensation reflects the replacement cost of the specific items, not a general estimate.

How long do I have to bring the claim?

Six years from the date the disrepair began under the Limitation Act 1980. If the leak has caused personal injury — a slip, electric shock, or respiratory issue from secondary damp — the limit is three years from the date you became aware of the injury. You can bring the claim while still living in the property.

Does Abrahams charge up front?

No. We run most housing disrepair cases on No Win, No Fee. You pay nothing up front and nothing if the case is unsuccessful. After-the-Event insurance covers your opponent's costs. We will check Legal Aid eligibility first and tell you if that route is a better fit for your facts. SRA-regulated firm #809071.

Other housing disrepair claims

If your problem is something else

Damp and mould

Prolonged damp, black mould, condensation — Awaab's Law and Section 9A claims.

Pests, vermin and infestation

Rats, mice, cockroaches, bedbugs — unfit for habitation claims and compensation.

Or go back to the main housing disrepair page →

No win, no fee

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0203 355 9823

Abrahams Solicitors · SRA #809071 · https://www.abrahamssolicitors.co.uk/leaks-and-water-damage/