Wales Landlord Disrepair Claim Defence: How to Respond to a Tenant Complaint

A letter from a solicitor alleging disrepair, or a contract-holder who stops paying rent citing unfitness — either one concentrates the mind. Welsh landlords face a legal framework where the consequences of a proven disrepair claim go beyond repair costs: rent is not payable for days the dwelling is legally unfit, and specified statutory failures can restrict when a landlord may give a possession notice. A Rent Repayment Order is a separate remedy for qualifying offences, such as unlicensed letting or management, and can cover up to 12 months' rent when its statutory conditions are met. A proper response starts with understanding what the law actually requires.

The Two Duties That Underpin Disrepair Claims

Under the Renting Homes (Wales) Act 2016, a disrepair claim rests on one or both of:

Section 91 (Fitness for Human Habitation) — an absolute duty. The property must be fit at the start of the contract and throughout its duration. The contract-holder does not need to report the problem first. If the property is unfit, you are in breach.

Section 92 (Repair) — a notice-based duty. You must maintain the structure, exterior, and service installations in repair. This duty triggers once you know, or ought to know, about the defect.

Most disrepair claims allege breaches of both sections simultaneously. The distinction matters for your defence because Section 92 gives you the argument that you had no notice, while Section 91 does not — if the defect made the property unfit, notice is irrelevant.

When a Complaint Arrives: The First 48 Hours

Acknowledge in writing immediately. Whether the complaint comes by text, email, phone, or solicitor's letter, respond in writing within 48 hours confirming you have received the complaint and will investigate. This is not an admission — it is evidence of responsiveness.

Inspect the property. Give 24 hours' written notice under Section 98 and attend to assess the reported defect. Take dated photographs of every room, not just the area complained about. A disrepair claim often expands in scope once solicitors become involved — your photographic record of the wider property condition at the time of complaint is critical evidence.

Assess severity. Is this a Section 92 repair issue (a leaking pipe, a broken boiler) or a Section 91 fitness issue (widespread damp making the dwelling unfit)? The answer determines your urgency. A Section 92 repair requires action within a reasonable time. For days the dwelling is legally unfit, the contract-holder is not liable for rent; act promptly to address the condition.

Building Your Defence File

A landlord's defence in a disrepair dispute comes down to documented evidence. Prepare a file containing:

• Compliance records: current EICR, CP12, EPC, and proof that each was served on the contract-holder within statutory deadlines
• Inspection history: dated records of every property inspection, including pre-letting inspections, periodic checks, and access requests
• Maintenance log: every repair reported, every contractor instructed, every completion date, every cost. Include the dates between report and action — short response times strengthen your defence
• Correspondence: every text, email, and letter between you and the contract-holder about the property condition
• Access records: every 24-hour notice given, every access visit attended, every refusal by the contract-holder to allow access

If the contract-holder refused access for repairs, document this thoroughly. A landlord who can prove they tried to inspect and repair but were denied entry has a defence to Section 92 breach — though not necessarily to Section 91, since the duty to maintain fitness is absolute.

Responding to Rent Withholding

For each day the dwelling is unfit under Section 91, the contract-holder is not liable for rent. If they stop paying and allege disrepair:

1. Do not issue a possession notice in response. Schedule 9A restricts a Section 173 notice during specified statutory non-compliance; the cure depends on the duty, and a late written statement brings a six-month restriction from the date it is provided. A separate fitness claim does not by itself create a Rent Repayment Order. A Section 181 notice (breach of contract for rent arrears) will look retaliatory if served immediately after a disrepair complaint, and the contract-holder's solicitor will argue the arrears are justified.

2. Fix the problem first. Get the property back into a fit state, document the repairs, and obtain written confirmation of completion from qualified contractors.

3. Once the property is fit, assess the arrears. If the disrepair has been resolved and rent remains unpaid, you are on firmer ground. Check which days the contract-holder was legally liable for rent before deciding what arrears remain.

The Tribunal Route

If a contract-holder applies to the Residential Property Tribunal Wales for a Rent Repayment Order, it must concern a qualifying offence, such as unlicensed letting or management. For an occupier's application under HMO or selective licensing law, a qualifying conviction or prior qualifying order is required, and up to 12 months' rent may be in scope. A Section 91 or Section 92 disrepair claim is a separate matter for the County Court, which assesses the relevant repair and fitness evidence.

Prevention Is Cheaper Than Defence

The strongest position in any disrepair dispute is having a compliance record that was maintained before the complaint arrived. A structured compliance tracker, regular self-inspections against the 29 statutory hazard categories, and prompt documented responses to every maintenance request build the audit trail that makes disrepair claims difficult to sustain.

The Fitness for Human Habitation compliance guide includes a remedial action log, proof-of-service templates, and a property self-inspection checklist designed to create exactly this kind of defensive record.

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