Claim Compensation for Housing Disrepair

Are you eligible to claim for Housing Disrepair?

If you rent a council house or housing association property or are in private rented accommodation which has not been safely maintained by your landlord, you could be eligible. For more information on which tenancies are covered, see Which Tenancies Are Included section.

The law says you are entitled to live in a safe space and if you have already reported issues to your landlord which they have failed to rectify, we can force them complete the work and also win compensation for you.

If living in an unsafe property has affected your physical or mental health you may also be able to claim for that too. Stress can cause sleepless nights, anxiety and depression and if your housing repair problems have caused you to have time off work, incur medical bills or even personal injury, these are common grounds for housing disrepair compensation.

Property Wire

The legal bit

Landlord responsibilities

The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. Section 11 covers the landlord’s obligations, specifically to “repair properties in leases under 7 years that are dwelling houses (where people live)” – Wikipedia

The specific wording of the Act regarding repairs is:

1a) keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)

1b) keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

1c) keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

The legislation in subsection 1B goes on to state that repairs must also be carried out if the repair is  ‘affecting the lessee’s enjoyment of the property’:

“unless the disrepair (or failure to maintain in working order) is such as to affect the lessee’s enjoyment of the dwelling-house”

Which tenancies are included?

All rented properties are covered including:

• The housing association
• Council houses
• Private landlord properties

If you have a Fixed term private or housing association tenancy before 20 March 2019 you are only covered if you:

• sign a new agreement, or
• stay on as a tenant when the fixed term expires

If you have an introductory council tenancy agreement which started before 20 March 2019 it is not covered until it becomes a secure tenancy .

Common Types of Housing Disrepair

Damp and Mould

Living in a damp environment can cause or exacerbate respiratory problems and should be dealt with immediately.

Faulty Electrics

Your landlord has a responsibility to have your electrical installations checked and certified as safe. Unsafe electrical installations can cause death and should be a high priority for landlords.

Gas and Water Leaks

Leaks from your water or gas supply can be fatal and can cause a huge amount of damage to your property. Any safety issues should be reported and fixed immediately by your landlord.

Faulty or unsafe Heating System

A faulty heating system is not only uncomfortable but can also be dangerous, especially if it’s gas. If you’re still waiting to get it fixed you could be entitled to claim compensation.

Pest Infestations

Rats, mice and insects can damage property and pose a health risk. Any type of infestation should be reported quickly and dealt with by your landlord, if not, you may be able to claim. 

If you have been affected by any of these types of disrepair you should consider starting a claim.

Common questions

Do I have to take my landlord to court?

Not necessarily. Often court proceedings are not required, just by putting pressure on your landlord to do the right thing results in a successful outcome.

What notice period do I have to give?

As soon as you discover a repair needs doing, you should notify your landlord immediately. This is so they have a reasonable amount of time to put things right. It is recommended that you notify your landlord in writing so that you have a record.

Do I need any evidence?

Yes you do. For a claim to be successful you need to prove that you are the tenant and show evidence of the disrepair. The following list gives you an idea but is not intended to be exhaustive.

1. Tenancy agreement proving legal occupancy of the property
2. Evidence showing you notified the landlord and gave reasonable time to fix the issue
3. Photos of the disrepair
4. Photos of damage to the property resulting from the disrepair
5. Receipts for items replaced as a result of the disrepair
6. Diagnosis reports for medical issues caused as a result of the disrepair
7. Professional reports from surveyors or Environmental Health Officers (if required)

Can I use Legal Aid?

This is only available in the most severe of housing disrepair cases where there is serious risk to health and safety in the property. If you are on low income, however, you may be able to get legal aid to apply for a court order. You will qualify if you currently receive Universal Credit or Income Support.

Don’t Delay. Check Now.

Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Checking only takes 5 minutes, so why not do it now?