How Can Landlords Defend a Disrepair Claim?

A landlord facing a disrepair claim is not without defences. Common grounds include not having been told about the problem, the damage being caused by the occupier, or the repairs having been carried out to a reasonable standard within a reasonable time. In Wales, a landlord’s repair and fitness obligations sit under the Renting Homes (Wales) Act 2016, and understanding exactly what the law requires is the starting point for any defence.

What are a landlord’s obligations in Wales?

Under the Renting Homes (Wales) Act 2016, which came into force on 1 December 2022, a landlord under an occupation contract must keep the dwelling in repair (section 92) and ensure it is fit for human habitation throughout the contract (section 91). Fitness is judged against 29 prescribed matters set out in regulations, covering hazards such as damp, structural problems and unsafe electrics. Occupiers are known as “contract-holders” under the Act.

Why does notice matter so much?

This is often the strongest defence. For most repair obligations that arise during the occupation, the duty only arises once the landlord is aware of the need for the work. If a contract-holder did not report a problem, the landlord may not be liable for the period before they knew about it. Keeping clear records of what was reported, and when, is therefore essential.

Can the occupier’s own conduct be a defence?

Yes. A landlord is not generally responsible for damage caused by the contract-holder themselves, or for repairs that result from their failure to use the property in a tenant-like manner. Where the alleged disrepair was caused by the occupier, for example damage or a failure to ventilate causing condensation, that can form part of the defence, though the facts need careful evidence.

What other defences may be available?

Depending on the facts, a landlord may also argue that:

• The repairs were carried out within a reasonable time once they were notified
• The standard expected is reasonable given the age and character of the property
• The claim is exaggerated, or the items complained of are not the landlord’s responsibility
• The contract-holder refused access for inspection or works to be done

What about the pre-action protocol?

Housing conditions claims are subject to a pre-action protocol, which sets out steps both sides should take before court, including disclosure of evidence and the chance to inspect and carry out works. Engaging properly with the protocol, responding promptly and arranging an inspection can resolve many claims early and limit a landlord’s exposure to the occupier’s legal costs.

Does this apply outside Wales?

The Welsh regime differs from England, where landlord obligations sit under separate legislation including the Homes (Fitness for Human Habitation) Act 2018. If your property is in England or the South West, the principles are similar but the framework is not identical, so it is important to take advice on the rules that apply to your property.

Getting advice

Defending a disrepair claim is far easier with early, well-evidenced advice. We act for landlords in resolving and defending these claims. See our landlord and tenant disputes service, or request a callback.