Evidence guide: what to gather before you make a claim

Why evidence decides disrepair claims

A housing disrepair claim has to prove two things: that the disrepair exists and your landlord is responsible for it, and that your landlord knew about it and failed to act within a reasonable time. Almost every dispute in a disrepair case comes down to one of those two points. Landlords rarely argue that damp is pleasant to live with. They argue that it is not their responsibility, or that they were never told.

That is why your evidence matters from the very first report. The tenants who recover the most, and get repairs ordered fastest, are usually the ones who can show a clear paper trail: here is the problem, here is when I reported it, here is what happened next.

1. Photographs and video

Photograph everything, and keep photographing it. The most persuasive photo evidence shows the problem getting worse over time while the landlord does nothing.

• Take wide shots and close-ups. A wide shot shows where the problem is in the room; a close-up shows how bad it is.
• Repeat monthly. A single photo shows a defect. A series of photos taken over months shows neglect.
• Video is powerful for some defects. Running water from a leak, a boiler failing to fire, vermin activity and condensation running down walls all show better in video.
• Do not worry about timestamps. Modern phones embed the date and time in the photo file automatically. Keep the original files rather than screenshots, as screenshots strip that data out.

2. Your reports to the landlord

This is the single most important category of evidence, because notice is what makes a landlord legally liable. Keep a copy of every contact:

• Letters and emails, including the landlord's replies (or the absence of them)
• Text and WhatsApp messages, which count as written reports
• Repair reference numbers from your landlord's phone line, app or online portal
• Notes of phone calls: the date, who you spoke to, and what was said
• Any visits by the landlord's staff or contractors, and what they said or did

If you have reported problems by phone only, do not assume your claim is lost. Your landlord's own call logs and repair records can be obtained during the claim, and your own consistent account carries weight. But from today onwards, put reports in writing so there is no argument later.

3. Documents and records

Gather the paperwork that establishes your tenancy and the history of the property:

• Your tenancy agreement
• Any letters from your landlord about repairs, inspections or works
• Environmental health reports, if the council has inspected
• Contractor job sheets or cards left after visits

Do not worry if you are missing documents. Under the Pre-Action Protocol for Housing Conditions Claims, your landlord must disclose their own repair records and relevant documents once a claim begins. Their records often prove the case for us.

4. Damaged belongings

Compensation can include the cost of belongings ruined by disrepair: mouldy clothes and bedding, water-damaged furniture, ruined carpets and electricals. To support this part of the claim:

• Photograph damaged items before you throw them away
• Keep receipts if you have them, or note roughly when and where items were bought and what they cost
• Keep receipts for anything you have had to buy as a replacement, or spend because of the disrepair, such as higher heating bills or a dehumidifier

5. Health impact

If the disrepair has affected your health or your family's health, for example breathing problems linked to damp and mould, tell your GP and mention the housing conditions at the appointment so it is noted in your records. Keep prescriptions and appointment letters. With your consent, medical records can be obtained to support this part of the claim.

You do not need medical evidence to start a claim. But where health has been affected, especially a child's, it can significantly strengthen the case.

6. The independent survey

Once your claim is under way, an independent surveyor will inspect your home and prepare a report identifying the defects, their likely cause, and the works needed to put them right. This is expert evidence the court relies on, and it is arranged as part of the claim. You do not need to commission your own survey before contacting us.

Your job before the survey is simple: do not redecorate over the problem, and do not let anyone persuade you the disrepair is not worth reporting because it has been painted over before.

What if you have not kept everything?

Very few tenants come to us with a complete file, and you do not need one. Missing evidence can usually be rebuilt: landlords must disclose their repair records, phone logs can be requested, and the independent survey establishes the current condition of the property. The worst thing you can do is delay starting a claim because your records feel incomplete. Start gathering from today, and let us worry about the rest.

For what a successful claim can be worth, see our compensation guide.