Your rights as a private tenant.
Private tenants are protected by:
- Section 11 of the Landlord and Tenant Act 1985 — your landlord must keep the structure, exterior and key installations (heating, plumbing, electrics, sanitation) in repair.
- The Homes (Fitness for Human Habitation) Act 2018 — your landlord must ensure the property is fit to live in throughout the tenancy. This covers damp, mould, ventilation, lighting, water supply, structural stability and more.
- The Protection from Eviction Act 1977 — your landlord cannot harass you or evict you without following the proper court process.
- The Deregulation Act 2015 — your landlord cannot serve a Section 21 notice in retaliation for a complaint about disrepair if you complained in writing first and the local authority has served certain notices.
Why we can't usually take private tenant cases on no win, no fee.
Historically, legal costs in social housing cases were recoverable from the landlord on top of any damages, which is what made no win, no fee viable. The recoverable costs regime in private disrepair claims is different, and the economics rarely work for conditional fee agreements. It's nothing personal — it's a funding constraint that applies across the whole legal sector.
What you can do instead.
1. Report the disrepair to your landlord in writing
This is essential. Email or written letter (kept safely). Include photographs. Reference the Homes (Fitness for Human Habitation) Act 2018 and give your landlord a reasonable time to act. Use our free template letter.
2. Contact your local authority's Environmental Health team
If your landlord doesn't act, contact the Environmental Health or Housing team at your local council. They have powers under the Housing Health and Safety Rating System (HHSRS) to inspect your property and serve improvement notices on your landlord. This is a free service and it is often highly effective.
For Newcastle City Council tenants of private landlords, Environmental Health can be contacted on 0191 278 7878.
3. Bring a Housing Act claim in the small claims court
You can bring a disrepair claim in the county court yourself without a solicitor for smaller amounts (the small claims track). The gov.uk guidance on money claims is a starting point. Consider a fixed-fee consultation with a housing solicitor to assess the case before issuing.
4. Get free legal advice from Shelter or Citizens Advice
- Shelter — 0808 800 4444 (free helpline) — can advise on private tenant rights.
- Citizens Advice Newcastle — free drop-in and online advice.
- Law Centres — specialist housing advice where available.
5. Check if you're entitled to Legal Aid
Legal Aid is available in some housing cases — particularly where there is a risk of homelessness or where the disrepair poses a serious risk to health. Means-tested; check your eligibility.
When we might be able to help a private tenant.
Cases we will consider on a private-paying or fixed-fee basis:
- A private tenant where the disrepair has caused significant personal injury.
- A private tenant whose landlord is a company with substantial assets.
- Any private tenant who would like a fixed-fee initial consultation.
Call us and we'll tell you honestly whether we can help on your specific case, and if not, point you to the right service.