Reported the damp months ago and nothing has changed? Southwark is the largest council landlord in England, and scale is exactly why individual repairs disappear into the system. We force the works through and claim compensation for the time you have lived with it.
We act for council and housing association tenants across the borough. See our wider guide to council housing disrepair claims.
Southwark holds roughly 55,000 homes, more than any other council in England, spread across Peckham, Camberwell, Bermondsey, Walworth, Rotherhithe and Dulwich. A landlord that size does not fail one tenant at a time, it fails at the level of process, and the same defect appears on the same block for years without anyone connecting the reports.
That shows in the pattern tenants describe. A job is raised and attended, the surface is treated, the job is closed and the performance figure improves. The following winter the damp is back and a fresh job number is issued. Nothing in the system flags that this is the fourth time, because each job was individually completed. Breaking that loop is what a formal legal claim actually does.
Council homes, the largest stock in England
Upfront cost to start a claim
Success fee, agreed in writing first
Southwark has more estates in long running regeneration than almost anywhere in the country, and tenants in them hear a particular answer.
Your block is scheduled for demolition. There is no point replacing the windows. The programme will deal with it. Tenants on estates awaiting regeneration have heard versions of this for years, sometimes more than a decade, while the programme slips and the home deteriorates around them.
It is not a lawful answer. The repairing covenant applies for as long as the tenancy exists, and a future demolition date does not suspend it. Nor does a decant plan that has not happened. If you are still living there, the landlord still has to keep the structure, the heating and the installations in working order, and a claim can be brought on exactly that basis.
These cases are often the strongest we see, because the delay is long and documented. Where a household has spent years in a home the landlord had already written off, the distress element is substantial, and our guide on suing the council for emotional distress explains how that part of a claim is valued.
Deferred maintenance on an estate awaiting regeneration, where the repairing duty still applies in full
What the council has published about its own service, and what it means when your repair has stalled.
[INSERT: reporting routes and the council's published emergency, urgent and routine target timescales]
[INSERT: stage one and stage two deadlines under the corporate complaints policy, then the Housing Ombudsman route]
[INSERT: confirmed stock figure and the major estates, including those currently in regeneration programmes]
[INSERT: published damp and mould policy and any Housing Ombudsman determination with case reference]. Your underlying protections are on our tenant rights page.
Section 11 of the Landlord and Tenant Act 1985 requires the council to keep the structure and exterior in repair and the installations for water, gas, electricity, sanitation, space heating and hot water in working order. The Homes (Fitness for Human Habitation) Act 2018 added Section 9A, which requires the property to be fit to live in throughout the tenancy rather than only at the point you moved in. Our guide to landlord repair obligations covers both in detail.
Awaab's Law, introduced under the Social Housing (Regulation) Act 2023, adds a third route that applies to council landlords. It replaces the old reasonable time standard with fixed deadlines for investigating hazards, reporting findings in writing and starting work. A missed deadline is a breach measured in dates rather than opinion, which is why it is often the quickest thing to establish.
Two further points matter specifically for secure council tenants. The statutory Right to Repair scheme applies to you and covers smaller urgent jobs under a set value, with prescribed timescales and a right to have a second contractor appointed if the first misses them. Separately, the council's environmental health function can act on serious hazards in its own stock, which surprises most tenants. Our guide to who you can report your landlord to sets out which body handles what.
Where any of these duties is breached, you can recover damages for the distress, inconvenience, ruined belongings and health effects you have suffered, and force the outstanding works at the same time.
Tenants itemise the ruined carpet and the replacement mattress and then stop, as though that is the whole loss. It is not. Years of living in a cold, damp or unsafe home carries a cost that the courts recognise separately, covering the anxiety, the loss of use of rooms you could not heat or occupy, the embarrassment of not having people round, and the strain on a household living on top of each other to avoid the worst affected rooms.
This is general damages, and in long running cases it is usually the largest single element rather than an afterthought. It is calculated against the rent you paid during the period and the severity of what you lived with, not plucked from the air. Our guide to claiming against a landlord for emotional distress sets out what the courts actually look at.
Distress does not need a medical diagnosis to be recoverable. A diagnosis strengthens a separate personal injury element, but the general damages for inconvenience and distress stand on their own.
Our overview of emotional distress in disrepair cases explains the difference and why it matters to how the claim is pleaded.
Illustrative examples of the case types we handle in the borough. Details are composite and do not describe a single identified client. Real outcomes are covered in our disrepair success stories.
A household is told for several years that there is no point renewing failing windows and heating because the block is scheduled for demolition. The scheme is repeatedly delayed. The claim establishes that the repairing duty continued throughout, and the length of the period makes the general damages element substantial.
Damp appears on an internal wall and is attributed to the household's living habits. A survey traces it to a long standing leak in a communal riser serving several flats. Communal areas are squarely the landlord's responsibility, and the same defect often supports claims from neighbouring tenants.
A flat on a communal heating system receives inadequate heat through winter while the landlord insists the system is working. System level performance is not the test. The duty is to provide working space heating to the dwelling, and the claim covers the period it did not.
A stage two complaint is upheld, a modest payment is offered and the complaint is closed as resolved while the defect remains. An upheld complaint is strong evidence rather than a remedy, and it typically strengthens the claim that follows it.
How the funding works is set out in full on our No Win No Fee page.
If the evidence will not carry a claim we say so at the assessment rather than after months of correspondence. An honest no is worth more than a hopeful maybe.
Nothing to pay upfront and nothing to pay if the claim does not succeed. The success fee is capped and agreed in writing before anything is signed.
On large estates a defect is rarely confined to one flat. Communal and structural causes change who is responsible, and they change what the survey needs to examine.
Dismissed as condensation in most cases. In concrete framed blocks cold bridging and failed ventilation produce mould that returns after every treatment.
Water tracking down through a block from a shared pipe or a flat above. The source is almost never where the damage appears.
Individual boilers and communal district systems alike. The duty is to heat your dwelling, not to keep the estate system technically running.
Exposed wiring, repeatedly tripping consumer units and water reaching fittings are emergency category hazards rather than routine queued jobs.
On estates these travel through shared voids and refuse areas, so treating one flat achieves nothing without the structural work.
Concrete spalling, movement and failing cladding junctions, which need monitoring evidence across months rather than one inspection.
Where the disrepair has made someone in the household ill, the claim can also carry a personal injury element alongside the repair and the general damages.
Four stages, no cost to you at any point unless the claim succeeds. Our compensation calculator gives a realistic starting range before you call.
We review your repair history and the condition of the property, then tell you honestly whether the claim is worth running.
We compile your reports, photographs and correspondence, and instruct an independent surveyor to establish the true cause.
A formal letter of claim goes to the council's legal team under the pre action protocol, with a schedule of works and a deadline for disclosure.
We press for the works to be completed and negotiate damages for the period you lived with the disrepair.
London's social housing is split between boroughs and a number of large providers. If your landlord is someone else, start from the page that covers you.
We act for council, ALMO and housing association tenants in England and Wales. We do not take private rented sector, leaseholder or shared ownership claims.
Tenants think they need to prove what is causing the damp. They do not. That is the surveyor's job. What has to be proved is notice, meaning the landlord knew. Every job number, portal message and ignored email does that work.
If your own records are thin, the council's repair history can be disclosed, and on long tenancies it usually reaches back further than people expect.
Yes, and it is a standard part of a disrepair claim rather than a separate action. General damages cover the distress, anxiety and loss of use of your home across the period of disrepair, and in long running cases that element is usually larger than the cost of damaged belongings. Our guide on suing the council for emotional distress explains how it is assessed.
A future demolition or regeneration date does not suspend the repairing duty. For as long as the tenancy continues and you are living there, the council must keep the structure, heating and installations in working order. Delay justified this way often produces the strongest claims, because the period involved is long and well documented.
An upheld complaint is evidence rather than a remedy. It records that the council accepted something went wrong, which helps a claim, but it does not compel the works or compensate you properly. A claim does both, and the upheld complaint usually strengthens it.
As a secure council tenant the council cannot simply end your tenancy because you complained. It must prove a statutory ground and obtain a court order, and bringing a disrepair claim is not a ground. There is more detail in our guide on eviction and repair complaints.
That remains the council's responsibility. Communal pipework, risers, roofs and shared structure are all within the repairing covenant, and tracing the true source is part of what the independent survey does.
Generally six years from when the disrepair began, and three years for any personal injury element. On a long tenancy the earliest period may fall outside the limitation window even though the defect is continuing.
Taking action against your own council feels uncomfortable when it is also your landlord and your local authority. Set that aside. The duties are statutory, the council budgets for disrepair claims as a known cost, and enforcing a repairing obligation is the mechanism Parliament provided rather than an attack on a public body. You can read about the team who would handle your case.
Raise a formal complaint rather than another repairs call. The complaints process creates a dated written record, forces a response at defined stages and is what the Housing Ombudsman will expect you to have completed. Keep every stage response, particularly any that concedes a delay or an error, because those concessions carry real weight later. Tenants lose ground by cycling through repairs calls that generate job numbers but never a reviewable decision, and our guide to filing a complaint against your landlord covers how to word one so it cannot be closed as a general enquiry.
Internal procedures exist to resolve matters internally, which also means they are built to keep matters internal. Give the process the published stage deadlines plus a short margin, then treat a second missed deadline as the point to escalate rather than the point to complain again. A goodwill payment offered without a repair is not a resolution, and accepting it does not prevent a claim.
Once instructed, we move the matter out of the customer service queue entirely. A letter of claim under the pre action protocol goes to the council's legal team with a schedule of works, a deadline for disclosure of the full repair history and a request for survey access. Authorities that absorbed a year of unanswered emails usually respond inside the protocol deadline, because the costs consequences are real and quantifiable in a way that a tenant complaint is not.
One practical point while a claim is live. Washing mould off a wall removes the evidence and does nothing to the cause, which sits inside the structure. Photograph thoroughly before touching anything, and do not redecorate an affected area until the survey has been done. The underlying defect is the only thing that resolves it, which our guide to preventing damp and mould recurring explains alongside what the landlord is required to do.
A successful claim has two halves and tenants consistently underestimate the first. The works are enforced, normally under a schedule with dates attached, so the defect is resolved rather than patched again. Damages then cover the period you lived with it, calculated largely as a proportion of the rent you paid, plus belongings ruined by damp or water, plus any injury element. If you want to understand the arithmetic before you call, read how disrepair compensation is worked out.
If your repair has been outstanding for months, or the same job keeps being closed and reopened, that is the point to get it assessed rather than wait for another winter. Contact our team and we will tell you within 24 hours whether the claim is worth running.
Free assessment. No obligation. London council specialists.
Start Free Assessment → 📞 Call 07460 754041Use the quick form to send your details directly.
Free assessment, no obligation, and an honest answer about whether your claim is worth running.
Damages depend on how long the disrepair has run, the rent paid during it, the belongings damaged and the effect on your household. We give you a realistic range once we have seen the evidence, not before.
Use the compensation calculator