Your Legal Rights if Storms or Flooding Damage Your Home This Winter

As winter approaches, many tenants and homeowners alike worry about what the season might bring. Storms, heavy rainfall and flooding are becoming more common in the UK, and the damage they cause can leave families in unsafe and uninhabitable homes. But if you live in a council or housing association property and it is damaged, what are your rights and what are your landlord or housing provider’s responsible for putting right?

What Storms, Heavy Rainfall and Flooding Mean for Tenants

The UK is no stranger to inclement weather. According to the Met Office, the UK has seen a 6% increase in annual rainfall over the last 30 years, with winters becoming wetter and storms more frequent. In fact, 2023 was one of the wettest years on record, and forecasters have warned that heavy rainfall events are likely to keep increasing.

Unfortunately for tenants, this means more risk of:

• Roof leaks caused by storm damage
• Flooding in ground-floor or basement flats
• Damp and mould spreading after water ingress
• Electrical hazards when water gets into wiring or sockets

These aren’t just inconveniences, they can make a home unsafe to live in and seriously affect both your physical and mental health.

Your Landlord’s Legal Responsibilities

If you live in a council or housing association property, your landlord is legally responsible for ensuring your home is safe and fit to live in. Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, landlords must:

• Keep the structure and exterior of the property in good repair (this includes roofs, drains, windows and doors).
• Ensure installations for water, gas, electricity and heating remain safe and working.
• Tackle issues like damp and mould that pose a health risk.

If a storm or flooding makes your home unsafe, your landlord has a duty to act quickly.

How Quickly Should Repairs Be Done?

There are no fixed timescales written into law, but guidance on the timescales for repairs, depending on their severity is clear:

• Emergency repairs (e.g. unsafe electrics, major leaks, broken front doors or windows) should be dealt with within 24 hours.
• Urgent repairs (e.g. loss of heating, roof leaks) should usually be completed within a few days.
• Routine repairs may take longer, but landlords cannot leave tenants living in unsafe or uninhabitable conditions.

If your home is flooded or storm-damaged and your landlord refuses to act, this may amount to housing disrepair, meaning you have the right to take legal action.

What If Your Home Is Uninhabitable?

In some cases, flooding or storm damage makes a property impossible to live in. For example, if you have no heating, no clean water supply, or severe damp and mould. In these situations, your landlord should:

• Provide temporary accommodation until repairs are complete.
• Carry out the necessary works to make your home safe again.

If they fail to do this, you may be able to claim compensation for:

• Damage to belongings
• Inconvenience and distress

How Can You Protect Yourself as a Tenant?

If storms, heavy rainfall or flooding damage your home this winter, here’s what you should do:

1. Report the problem immediately to your landlord, council, or housing association in writing (email is best).
2. Take photos or videos of the damage as evidence.
3. Keep copies of all correspondence with your landlord.
4. Seek legal advice if your landlord fails to carry out repairs within a reasonable time.

Where to Get Help if Your Home is Damaged

Housing Disrepair solicitors such as Legal HD specialise in helping tenants of councils and housing associations hold landlords to account. If your landlord has ignored serious disrepair, such as storm or flood damage, you may be able to take legal action. A solicitor can help you:

• Force your landlord to carry out essential repairs
• Secure temporary accommodation if your home is uninhabitable
• Claim compensation for distress, inconvenience, and damage to your belongings

Don’t Suffer in Silence

No tenant should be left to live in dangerous or uninhabitable housing this winter. If storms or flooding have damaged your home and your landlord isn’t acting, it may be time to contact a solicitor and find out if you could make a claim for compensation.