When is drains & sewage your landlord's responsibility?
Under Section 11 of the Landlord and Tenant Act 1985, your landlord has a legal duty to keep the structure and exterior of your home in repair and to keep key installations (heating, hot water, plumbing, electrics, sanitation) in proper working order. The Homes (Fitness for Human Habitation) Act 2018 extends this to a broader duty to ensure your home is fit to live in throughout the tenancy.
For social tenants, Awaab's Law (Social Housing (Regulation) Act 2023) now imposes strict timeframes within which landlords must investigate and act on hazards including damp, mould and other disrepair.
The test is the same regardless of the issue: did you report it, did the landlord have a reasonable time to act, and did they act within that time?
Signs you have a claim.
- You reported the problem to your landlord by phone, email, app or in writing
- A reasonable time has passed (usually 28 days or more for non-emergency repairs)
- The problem is still there, or returned after a failed attempt to fix it
- You have suffered damage — to your belongings, your health, or your quality of life
- You have evidence: photos, reports, emails, texts
How much compensation for drains & sewage?
Compensation for drains & sewage claims in Newcastle typically falls into these bands:
See our full compensation guide →
Evidence you need.
A housing disrepair claim is won or lost on evidence. You don't need all of this before you call us — we'll help you build the file — but the more you have, the stronger your case:
- Photos and videos of the disrepair, dated if possible
- A record of every time you reported the issue — date, method (phone, email, app), and what the landlord said
- Emails, letters, texts or app screenshots from your landlord
- GP records if you or a family member have been unwell
- Receipts for damaged items or extra costs (heating, dehumidifiers, replacement belongings)
See our full evidence checklist for everything that helps.
The landlord's likely defences — and how we counter them.
"The tenant caused it."
This is the most common landlord defence. An independent surveyor report identifies the true cause of the problem — which is almost always a structural issue, failed insulation, inadequate ventilation built into the property, or delayed repairs, not tenant behaviour.
"We were never told."
Landlord records, repair logs, app notifications and your own written evidence (texts, emails, formal complaints) refute this. Landlords must disclose their repair records under the Pre-Action Protocol.
"We tried to fix it but the tenant wouldn't give us access."
Access records are required to be kept by the landlord. If this defence is raised without evidence, it fails. We go through the records carefully.
"This is a small issue and compensation is disproportionate."
Compensation is based on the effect on you and the rent you paid — not on what the landlord considers "small". The Wallace v Manchester City Council formula sets the figure objectively.
Health impact.
Many forms of housing disrepair have documented health consequences. The NHS recognises that poor housing conditions — particularly damp, mould, cold and infestations — contribute to respiratory illness, infections, allergic reactions and mental health impacts, disproportionately affecting children, the elderly, pregnant women and people with existing health conditions. Where your health has been affected, we include personal injury as part of your claim, supported by GP or consultant records.
Illustrative case study.
Anonymised example (not a real client)
A tenant in one of our recent Newcastle cases reported drains & sewage to their social landlord over the course of 18 months. Five separate reports were logged with no permanent fix. Belongings were damaged, and a child developed asthma symptoms.
After we sent the Letter of Claim and the independent survey was disclosed, the landlord settled for approximately £7,200 plus a full schedule of repairs. The claim was resolved without a court hearing.
Frequently asked questions.
How long do I have to claim?
Six years for the property damage element, three years for any personal injury element. See our time limits guide.
Can I claim if my landlord has now done the repairs?
Yes. You can still claim compensation for the period you lived with the disrepair. Repairs being completed doesn't cancel that.
I'm a private tenant — can you help?
Generally we only act for council and housing association tenants on no win, no fee terms. See our private tenant page for your options.