Repairs and disrepair — Swindon Borough Council
Damp, mould or a repair Swindon Borough Council has left unfixed can be grounds for a disrepair claim. The council referred itself, and in May 2025 the regulator graded it C3, finding it could not provide assurance it met all legal requirements for its homes.[1] In 2025/26 all 3 of the Ombudsman's damp and mould findings were maladministration.[5]
The fastest free route is usually to complain to the council first. Checking whether you may have a claim is also free, and you commit to nothing by asking.
Report repairs and complain to Swindon Borough Council first
Before thinking about any legal claim, report the problem and complain to the council. It is free, you do not need anyone to do it for you, and it is often the fastest way to get repairs moving. It also creates a written record of what you reported and when — the evidence any claim relies on later.
Report the repair first. Request repairs in your own home through your My Housing Tenancy online account (opens in new tab), which lets you pick an appointment and keeps a record of what you reported. If you cannot go online, call the contact centre on 01793 445500; the council's contact page gives its opening hours. The council's repairs timescales page shows whether each repair trade is running on time.[13]
In an emergency, phone. For an uncontrollable leak, bare wires or a home you cannot secure, call 01793 445500. The council says this number also works outside normal working hours.[13] For a gas leak, call the National Gas Emergency Service. If life is at risk, call 999.
Report damp and mould online or on 01793 445500. The council says it may clean the affected area, send a surveyor to find the cause, or order works.[17]
Then make a formal complaint if reporting has not fixed it. Use the council's online tenants' complaint form (opens in new tab), or call 01793 445500 if you cannot go online.[19] The council acknowledges a complaint within 5 working days, then aims to reply at stage one within 10 working days.[19] If you are unhappy with the answer, ask for stage two within 25 working days; a senior manager aims to reply within 20 working days.[19] Both stages usually need to be completed before the Housing Ombudsman can formally investigate.
If the complaint doesn't fix it: the Housing Ombudsman. The Ombudsman is free and independent, and you can contact it for advice at any point. It can order the council to carry out repairs, apologise and pay you compensation — and nobody takes a fee or a share of anything it awards you. Shelter and Citizens Advice also offer free housing advice, and a local law centre can tell you whether you qualify for legal aid. For disrepair, legal aid can be available where there is a serious risk to health or safety — though not normally for a compensation-only claim.
Could you have a disrepair claim against Swindon Borough Council?
Council tenants have a legal right to a home that's kept in repair. If Swindon Borough Council has known about a problem for a while and hasn't sorted it, that failure can be grounds for a disrepair claim — and, separately, grounds to escalate a complaint.
Repairs a landlord is responsible for — "disrepair" in the legal sense — commonly include:
- damp, mould or condensation caused by a fault such as a leak or broken ventilation
- a leak, whether from the roof, a pipe, or the flat above
- no heating or hot water
- windows or doors that let in draughts or won't shut properly
- structural problems: cracked walls, sagging ceilings, unsafe floors, or crumbling brickwork that lets water in
- electrical faults.
Four things generally need to be true for a claim against Swindon Borough Council to stand up:
- You're a council tenant of Swindon Borough Council — a housing association or private tenancy is a claim against that landlord instead.
- You told the council, and it knew. A report — online, by phone, or logged as a repair reference — is what starts the clock; keep a record of every contact.
- A reasonable amount of time passed without it being fixed. There's no single cut-off, but the council's own published targets (see the repairs FAQ) are a useful yardstick.
- The disrepair actually affected you — your health, your belongings, or your ability to use part of your home.
Leaseholders in council-owned blocks have a different, related route rather than a standard tenant's disrepair claim.
What a disrepair claim can cover
Two separate things sit behind a disrepair claim: forcing the repair itself, and putting a value on what living with it has meant for you. Depending on the facts of your case, a claim can address:
- the outstanding repair — the court can order Swindon Borough Council to carry it out;
- the disruption — compensation for the stress and inconvenience of living with an unfixed problem;
- a health impact — such as a respiratory condition that damp or mould has made worse;
- ruined possessions — carpets, furniture, clothes or appliances damaged by leaks, damp or mould;
- space you couldn't use — a room made unsafe or unusable, like a mouldy bedroom or an unusable bathroom.
There's no standard figure, and any adviser who quotes one before seeing your evidence should be treated with caution. What a claim is actually worth turns entirely on the record: what you reported, when, and what the council did next.
What happens if you start a claim
First, a few questions. Tell us what the problem is, when you first reported it to Swindon Borough Council, how the council responded (or didn't), and what it's meant for your household day to day. Anything you've kept — photos, repair reference numbers, complaint replies — strengthens your answers.
Then, a free written view. We check your situation against the legal tests set out on this page and tell you plainly whether a claim looks realistic, and how strong. There's no charge and no obligation for this step.
If it stacks up, an independent solicitor takes over. Where a case needs legal representation, we're upfront about that before you agree to anything, and hand you to an independent, regulated law firm — not us — to run it: formal notice to the council, usually an independent inspection of the property, and negotiation from there. Court is the exception rather than the rule; most disrepair claims settle beforehand.
Time limits matter. A disrepair claim is normally treated as a contract claim, with a limitation period of six years.[21] Where part of the claim is for an injury to health — damp-related breathing problems, for instance — that element usually carries a shorter, three-year limit instead.[21] Don't assume an old problem is out of time without checking. Claims typically run over months, not weeks, so keep reporting the fault and pushing the council to fix it while any claim is ongoing.
Living with disrepair in a Swindon Borough Council home?
Tell us what's happening in your home and we'll help you work out the right next step.
Frequently asked questions
You may have a claim if Swindon Borough Council is your landlord, it knew about the damp or mould, and it failed to fix the problem in a reasonable time. Damp and mould can put the council in breach of its repair duties and its duty to keep your home fit to live in. Report it and complain to the council first — it is free, and the written record it creates is what any claim is assessed on.
Under the first phase of Awaab's Law, in force since 27 October 2025, the council must investigate a potential damp and mould hazard within 10 working days. You must get a written summary within 3 working days of the investigation ending. Where a significant hazard is found, the work to make your home safe must be done within 5 working days; an emergency hazard must be investigated and made safe within 24 hours. If the work cannot be done in time, the council must offer suitable alternative accommodation at no cost.
The council's tenants' handbook says its contractor attends an emergency within 2 hours to repair it or make it safe. Urgent repairs are done the next working day, and other repairs within 40 working days. Its own 2025/26 figures, which measure emergency repairs against a one-day target, show 92.6% of emergency and 77.6% of non-emergency repairs completed in time. If a repair has gone past its target, report it again in writing and use the two-stage complaints process.
For an emergency repair, call 01793 445500 — the council says you can also call this number outside normal working hours. Other repairs in your home are requested through your My Housing Tenancy online account; if you cannot go online, the same number reaches the council's contact centre.
In November 2025 the Ombudsman decided two cases about damp and mould in secure tenants' homes. In one, it found the council took no action for 9 months after a surveyor's report identified damp and mould, in a home with children who have asthma. It ordered an apology and further compensation. In the other, it found maladministration in the council's handling of bathroom repairs, including damp and mould, and ordered an apology and £550 in compensation. The council's overall rate is on the main Swindon Borough Council page.
The Regulator of Social Housing found that the council could not provide assurance that it was meeting all legal requirements for its homes, including on fire safety actions and smoke and carbon monoxide detectors. It graded the council C3 after the council referred itself, and said the council had engaged constructively. The full findings and the council's response are on the main Swindon Borough Council page.
Use the council's online tenants' complaint form, or call 01793 445500 if you cannot go online. Give your repair reference numbers and the dates you reported the problem. The council gives a stage one reply, then a stage two review by a senior manager if you are still unhappy. Courts expect you to have tried to resolve things first. If the complaint does not fix things, you can go to the Housing Ombudsman for free — and a disrepair claim remains open to you.
Not to start with — and not necessarily at all. You can report repairs, complain, and take your complaint to the Housing Ombudsman yourself, all for free — and the Ombudsman can order repairs, an apology and compensation, with nobody taking a share of anything it awards. A court claim is different: it normally needs a solicitor, and may be worth considering where serious disrepair has gone on for a long time. Remedy Legal is not a law firm: we check whether you may have a claim, and if your case is strong, we connect you with an independent, regulated law firm.
There is no fixed amount, and you should be cautious of anyone who quotes you a figure before seeing your evidence. What compensation may be sought for depends on how serious the disrepair was, how long it went on after the council knew, how it affected your household's health and daily life, and what belongings were damaged. The honest answer is that it has to be assessed case by case.
No — complaining, going to the Ombudsman, or bringing a disrepair claim should not put your tenancy at risk. Most council tenants are secure tenants, which means the council can only evict through a court, on legal grounds — and asking your landlord to meet its legal repair duties is not one of them. Complaining is a formal right, and the council publishes how to do it. Keep everything in writing, keep your reference numbers, and don't be put off.
About this data
Information on this page was last checked on 26 October 2026. Regulatory grades and Ombudsman figures are correct as at the dates shown against each figure and may have changed since. Grades are reviewed and may change.
We aim for accuracy. If you represent this landlord or spot something out of date, contact legal@remedylegal.ai and we will review it promptly.
Remedy Legal is not a law firm and is not regulated by the Solicitors Regulation Authority. We do not carry out reserved legal activities or act as your legal representative. If your case needs a solicitor, we can connect you with an independent, regulated law firm.
Sources
- Swindon Borough Council (00HX) - Regulatory Judgement: 14 May 2025 (opens in new tab). Regulator of Social Housing (GOV.UK). Checked 26 October 2026; data as at 14 May 2025.
- Swindon Borough Council — regulatory judgement publications page (opens in new tab). Regulator of Social Housing (GOV.UK). Checked 26 October 2026.
- Regulatory judgements: A to Z list of landlords (opens in new tab). Regulator of Social Housing (GOV.UK). Checked 26 October 2026; data as at 14 October 2026.
- Gradings under review list (opens in new tab). Regulator of Social Housing (GOV.UK). Checked 26 October 2026; data as at 15 October 2026.
- Landlord Performance Report 2025/2026 — Swindon Borough Council (data refreshed May 2026) (opens in new tab). Housing Ombudsman Service. Checked 26 October 2026; data as at 31 March 2026.
- Annual Complaints Review 2025-26 (opens in new tab). Housing Ombudsman Service. Checked 26 October 2026; data as at 31 March 2026.
- Swindon Borough Council (202432723) (opens in new tab). Housing Ombudsman Service. Checked 26 October 2026; data as at 28 November 2025.
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- Housing Annual Report 2025 to 2026 (opens in new tab). Swindon Borough Council. Checked 26 October 2026; data as at 31 March 2026.
- Tenant satisfaction measures survey 2025 (opens in new tab). Swindon Borough Council. Checked 26 October 2026; data as at 31 March 2026.
- Request a housing repair (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Repairs timescales — Request a housing repair (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Request an emergency housing repair (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Maintenance and repairs — Council housing handbook (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Treating dampness and mould (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Can't do it online? (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Tenants council housing and service complaints (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Escalating a tenants council housing and service complaint (opens in new tab). Swindon Borough Council. Checked 26 October 2026.
- Limitation Act 1980 (c. 58), section 5 (time limit for actions founded on simple contract) (opens in new tab). legislation.gov.uk (The National Archives). Checked 20 July 2026.
- Limitation Act 1980 (c. 58), section 11 (special time limit for actions in respect of personal injuries) (opens in new tab). legislation.gov.uk (The National Archives). Checked 20 July 2026.
- The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 (S.I. 2025/1042) (opens in new tab). legislation.gov.uk (The National Archives). Checked 10 July 2026; data as at 27 October 2025.
- Awaab's Law: guidance for social landlords — Timeframes for repairs in the social rented sector (opens in new tab). GOV.UK (MHCLG). Checked 10 July 2026; data as at 27 October 2025.
- Social Housing (Regulation) Act 2023, section 42 (inserting s.10A LTA 1985) (opens in new tab). legislation.gov.uk (The National Archives). Checked 10 July 2026.