Blogs

disrepair

Disrepair and Vulnerable Tenants: Extra Duties Where Children or Health Conditions Are Involved

March 24, 202612 min read

If you are living with damp, mould, leaks, broken heating, unsafe electrics, or other serious problems, the situation is already stressful enough. It becomes even more serious when the people affected include children, older relatives, or someone in your household with asthma, mobility issues, a weakened immune system, or another health condition.

In cases like these, housing disrepair is not just about inconvenience. It can become a real risk to health, safety, and day-to-day life.

That is why landlords are expected to take reports of disrepair seriously, and why the pressure on them is even greater when there is a vulnerable tenant in the property.

If your landlord knows that a child is living in the home, or that someone’s health is being affected, delays can be harder to justify. This is especially relevant if you live in social housing, where recent legal changes have tightened duties around dangerous conditions such as damp and mould.

If you are already looking into a housing disrepair claim, it helps to understand what extra duties may apply and what evidence can strengthen your case.

What makes a tenant “vulnerable” in a disrepair case?

In plain terms, a vulnerable tenant is someone who is more likely to suffer harm because of the condition of the property.

That can include:

  • babies and young children

  • elderly tenants

  • pregnant women

  • people with asthma or other respiratory conditions

  • people with disabilities or reduced mobility

  • people with weakened immune systems

  • people with serious mental health conditions

  • people recovering from illness or surgery

For example, mould in a bedroom may be unpleasant for anyone, but it can be far more serious if your child has asthma or if someone in the home already has chest problems. Likewise, a broken boiler in winter is bad for any household, but it may create a much greater risk where there is a baby, a disabled tenant, or someone with a long-term health condition.

The health impact of damp and mould is well recognised. Government-backed public health guidance says damp and mould exposure in English homes was associated with around 5,000 asthma cases and about 8,500 lower respiratory infections in 2019.

NHS guidance also warns that mould spores can worsen asthma and trigger symptoms such as coughing and wheezing in children.

Why vulnerability changes the picture

A landlord’s basic repair duties do not disappear just because they say they are busy, short-staffed, or waiting on contractors. In England and Wales, repair obligations can arise under tenancy law, including section 11 of the Landlord and Tenant Act 1985, and tenants may also have rights where the home is not fit for human habitation.

But where children or health conditions are involved, the urgency goes up.

That is because the same defect can have a much more serious effect on a vulnerable household. A landlord who knows about those risks should not treat the matter as an ordinary repair ticket. They should assess the real impact on the people living there, not just the defect on paper.

This is particularly important in social housing. Awaab’s Law came into force for the social rented sector in England on 27 October 2025. From that point, social landlords have had to meet fixed timescales for emergency hazards and for damp and mould hazards that present a significant risk of harm. Guidance also makes clear that vulnerability matters when assessing risk.

So if your landlord already knows that your child’s asthma is getting worse, or that a member of your household is at particular risk, that should feed directly into how quickly they respond.

Common disrepair problems that hit vulnerable households hardest

Some problems tend to appear again and again in disrepair cases, but their impact can be much worse where vulnerability is involved.

Damp and mould

This is one of the clearest examples. Damp and mould can damage clothing, furniture, bedding, and decorations, but the bigger issue is often health. Children are especially affected, and respiratory conditions can become worse in mouldy environments.

Government housing and health data shows that around 534,000 households with dependent children were living in damp homes, including around 122,000 where a child had a health condition. In damp social sector homes, 42% involved a child with a health condition, compared with 18% in damp private sector homes.

No heating or hot water

A home without heating can quickly become dangerous in colder weather, especially for babies, older adults, and people with existing illnesses. It can also make damp and mould worse, creating a knock-on effect.

Leaks and water ingress

A leaking roof, burst pipe, or persistent water penetration can lead to electrical risks, mould growth, damaged flooring, and unsafe living conditions.

Unsafe electrics

Exposed wires, faulty sockets, or damaged electrics can create obvious risk, but that risk is even greater where there are children in the home.

Structural hazards and trip risks

Loose flooring, broken stairs, cracked walls, or unsafe bathrooms can be especially dangerous for someone with mobility problems, balance issues, or a disability.

If you are unsure whether your situation is serious enough, Claim First’s services page gives a helpful overview of the kinds of cases they deal with.

What extra duties can fall on landlords?

The exact legal position depends on the tenancy, the landlord type, and the facts of the case. But in practice, there are several ways vulnerability can increase what is expected from a landlord.

1. Faster action may be required

When a child or medically vulnerable person is at risk, delays become much harder to defend. A landlord who leaves mould untreated for months after being told that a child is wheezing at night is in a very different position from one dealing with a minor cosmetic issue.

In social housing, Awaab’s Law now sets fixed timeframes for certain serious hazards, including emergency issues and damp and mould presenting a significant risk of harm.

2. Landlords should take medical information seriously

If you send medical letters, GP notes, asthma plans, hospital discharge summaries, or evidence from a health visitor, that should not be ignored. A landlord does not get to brush off the health side of the case and treat it as just another maintenance complaint.

3. Temporary measures may be needed

In some cases, it is not enough for a landlord to simply add your repair to a waiting list. They may need to take temporary steps to make the property safer while permanent works are arranged. That might include heaters, dehumidifiers, temporary decants, or urgent mould treatment, depending on the situation.

Under Awaab’s Law guidance for social landlords, if the property cannot be made safe within the required timeframe, suitable alternative accommodation may need to be offered.

4. Communication should be clearer and more responsive

Where vulnerability is known, landlords should be communicating properly, updating you, explaining what is happening, and keeping accurate records. Silence and delay are far less acceptable when health is on the line.

5. The landlord should look at the whole household, not just the building defect

A mould patch is never just a mould patch if it is affecting a baby’s bedroom, a child with asthma, or a tenant with an underlying illness. The defect has to be judged in context.

Social housing and vulnerable tenants

If you rent from a council or housing association, the current picture is especially important.

Claim First’s housing disrepair claims page explains that they help tenants in council and housing association properties across England and Wales where reported repairs have been left unresolved.

For social landlords in England, Awaab’s Law is now a major part of the conversation. From 27 October 2025, damp and mould hazards posing a significant risk of harm, and emergency hazards more broadly, must be handled within prescribed timeframes. The Government has also said the law will expand in 2026 to cover additional hazards where they present a significant risk of harm.

That matters for vulnerable tenants because serious harm can develop quickly. A long wait may be inconvenient in one case, but dangerous in another.

Parliament’s February 2026 report on housing conditions in the social rented sector noted that around 7% of social homes are estimated to experience damp problems, and that exposure to damp and mould can damage both physical and mental health.

Private tenants still have rights too

Even though Awaab’s Law currently applies to the social rented sector, private tenants are not without protection.

If you rent privately and your landlord is responsible for the defect, they can still be required to carry out repairs and may still face a claim if they fail to do so. Section 11 of the Landlord and Tenant Act 1985 remains important, and the Homes (Fitness for Human Habitation) Act strengthened tenants’ ability to challenge unsafe or unfit housing.

So if your child is getting ill because of mould, or a health condition is being made worse by the state of the property, do not assume you have to put up with it just because your landlord is private.

What evidence helps if children or health conditions are involved?

If vulnerability is part of the case, evidence becomes even more important.

Useful evidence may include:

  • photos and videos of the disrepair

  • emails, texts, and complaint logs showing when you reported it

  • GP letters or medical records

  • asthma plans or prescription records

  • letters from a hospital consultant, health visitor, or support worker

  • school letters if the condition affects attendance

  • receipts for damaged belongings or extra costs such as heating

  • notes about how the issue affects sleep, breathing, washing, cooking, or daily life

Try to keep everything together in one place. A timeline can be especially useful. If you can show when the issue started, when it was reported, how the landlord responded, and how your household has been affected, your position becomes much stronger.

If you want to understand how claims are handled more generally, the About Us page gives a good feel for the way Claim First approaches cases, and the Contact page shows how to get in touch.

What compensation might be available?

Compensation depends on the facts, but it can include more than one type of loss.

You may be able to claim for:

  • inconvenience and distress

  • the impact on enjoyment of your home

  • damage to belongings

  • extra heating or laundry costs

  • health-related impact, where supported by evidence

  • in some cases, a percentage of the rent for the affected period

Claim First says compensation in housing disrepair cases varies depending on severity, duration, and the effect on health and living conditions. Their site also notes that repairs are often completed before the claim finishes, which is important if your main priority is to make the home safe.

What if you are scared to complain?

A lot of tenants worry that speaking up will make things worse. That fear is understandable, especially if you already feel stressed, unwell, or stretched financially.

But you should not have to choose between your health and your tenancy.

Claim First states on its housing disrepair page that your landlord cannot evict you or increase your rent simply because you made a genuine, legally valid claim. The exact protection available can depend on the type of tenancy and the circumstances, but you do not lose your rights just because you speak up.

If you are nervous about starting, even a first conversation through the Claim First homepage or their contact form can help you understand where you stand.

Why these cases need to be taken seriously

This is not about asking for luxury. It is about expecting a home to be safe, warm, and fit to live in.

Recent English Housing Survey data found that 1.3 million dwellings, or 5%, had damp problems in one or more rooms. Separate 2024 findings also showed that 30% of households reported condensation, damp, or mould problems, with renters more likely to report them than owner-occupiers.

When a vulnerable person is living in that environment, the stakes are higher. The law increasingly reflects that, especially in social housing, but the basic point is simple: if your landlord knows your household is at extra risk, they should act like it.

FAQs

Can I still make a disrepair claim if the issue mainly affects my child rather than me?

Yes. If your child is living in the property and the disrepair is affecting their health, safety, or normal day-to-day life, that still matters. In many cases, the fact that a child is being affected can make the case more serious, not less serious. Mould, excess cold, leaks, and unsafe electrics can all have a bigger impact on children than on healthy adults. That is one reason vulnerability is so important in housing disrepair cases.

Do I need a formal medical diagnosis before I can complain?

No. A diagnosis can help, but you do not need to wait for one before reporting serious disrepair. If damp is making your child cough, if cold is affecting an older relative, or if someone’s symptoms are getting worse in the property, report it straight away. Then keep records and seek medical advice where needed. The earlier the landlord is put on notice, the better.

Does Awaab’s Law apply to all landlords?

Not yet. As of March 2026, Awaab’s Law applies to the social rented sector in England, with phase 1 having started on 27 October 2025. The law is being extended in stages to cover more hazards. Private tenants still have other important legal protections, but the Awaab’s Law timetable itself currently relates to social housing.

What should I do first if I think my household is at risk?

Start by reporting the problem in writing. Take dated photos, keep copies of emails and messages, and gather any medical evidence you already have. If the issue is severe, say clearly why the household is vulnerable. Explain if there are children in the home, if someone has asthma, or if a health condition is getting worse. That context matters.

Can I claim it if my landlord has done some repairs but the problem keeps coming back?

Yes, potentially. A landlord does not necessarily avoid responsibility just by carrying out a quick patch repair that does not solve the root cause. If mould keeps returning, a leak was never properly fixed, or the heating problem keeps recurring, the underlying disrepair may still be ongoing. That is often a key issue in these cases.

Speak to Claim First

If disrepair is affecting your home and there are children or health conditions involved, do not wait for the problem to get worse. You may be entitled to have repairs enforced and claim compensation for what you have been put through. Speak to Claim First through their Contact Us page, read more about Housing Disrepair Claims, or explore the wider support available across their claim services, including Payday Loan Refunds, Mis Sold PCP Car Finance, Scam Recovery, the About Us page, and key information such as the Complaints Procedure, Privacy Policy, and Terms and Conditions.


blog author image

Mark Blundell

Building smooth, compliant case pipelines for litigation firms by combining lead generation, legal technology, and complete end-to-end case solutions.

Back to Blog

No Win. No Fee. No Stress. Just Results.

We like to chat - claim updates

Get legal updates and claim tips

Claim First is a trading style of M G Financial Limited, a limited company registered in England and Wales with company number 06547196. M G Financial Limited is authorised and regulated by the Financial Conduct Authority FRN Number 832131. Claim First is registered with the Information Commissioner’s Office under registration number ZB915334.