Can You Claim Disrepair If You Owe Rent?
Many tenants delay reporting disrepair because they’re worried that owing rent might stop them from claiming.
The good news? Even if you have rent arrears, you still have rights to repairs and compensation.
In this post, we’ll explain how rent arrears affect a housing disrepair claim, what your landlord can and can’t do, and why you should never suffer in silence — even if you’re behind on rent.
Need help? Contact The Housing Disrepair Team to check your eligibility.
Are Tenants With Rent Arrears Still Protected by Law?
Yes. UK law states that your landlord must keep the property in a safe, livable condition, regardless of whether rent is paid on time.
The two main protections include:
1. Landlord and Tenant Act 1985
This law requires landlords to maintain the structure, heating, plumbing, electrics, and overall condition of the property.
2. Homes (Fitness for Human Habitation) Act 2018
Even if you owe rent, your landlord must still ensure your home is fit to live in — this includes fixing damp, mould, leaks, faulty heating, pests, and other major issues.
Common Tenant Concerns About Rent Arrears and Claims
Here are a few common questions tenants ask — and the truth behind them:
“Can my landlord refuse repairs if I owe rent?”
No. It is illegal for a landlord to ignore repair responsibilities because of unpaid rent.
“Will I lose my compensation because of arrears?”
Not necessarily. You may still receive compensation, though the amount could be reduced to reflect some or all of the arrears.
“Can my landlord evict me if I claim while in arrears?”
They may try to start possession proceedings due to arrears, but making a legitimate housing disrepair claim is not a reason for eviction.
Related: What to do if your landlord is refusing repairs
How Rent Arrears Affect Your Compensation
If your claim is successful, the compensation amount may be adjusted depending on:
-
The amount of rent you owe
-
The severity of the disrepair
-
Whether you continued living in the property during the disrepair period
Example:
If you are owed £2,000 in compensation but owe £800 in rent, your landlord may deduct the arrears from the final amount — leaving you with £1,200.
Still, this is better than receiving nothing and helps you clear debt while getting repairs done.
Why You Should Still Claim Even If You Owe Rent
-
Your landlord is obligated to carry out repairs
-
Living in unsafe conditions can seriously affect your health and well-being
-
A successful claim could help you clear your arrears
-
The longer disrepair is left, the worse the damage, and the harder it is to fix
Start your housing disrepair claim even if you’re in arrears
Steps to Make a Claim If You Owe Rent
1. Report the Disrepair in Writing
Even if you owe rent, always report problems by email or letter — this creates a record.
2. Document the Damage
Take photos and videos of all disrepair issues: damp, leaks, mould, structural cracks, broken heating, etc.
3. Contact a Specialist
Work with a team like The Housing Disrepair Team — we’ll guide you, assess your case, and help arrange a claim.
4. Discuss Compensation Offsets
Understand that part of your compensation may cover any rent arrears, but you’ll still benefit from repairs, and possibly extra compensation.
FAQS – Claiming Disrepair with Rent Arrears
Can I be evicted if I claim disrepair and owe rent?
Not for claiming disrepair. However, rent arrears could be used as a reason for eviction, so seek advice early.
Will my compensation be reduced?
Possibly. Some or all of your arrears may be deducted, but repairs will still be carried out, and you may still receive additional money.
Can I claim without telling my landlord?
No. The law requires that you first report the issue and give your landlord reasonable time to fix it.
Still Owe Rent? You Can Still Claim Repairs and Compensation
Don’t let rent arrears stop you from living in a safe, healthy home. You still have the right to demand repairs and claim compensation.
Contact The Housing Disrepair Team today for a free consultation. We’ll help you claim whether you owe rent or not.
