fbpx

YOU MAY HAVE A CLAIM FOR COMPENSATION

Claim Compensation for Housing Disrepair

If you rent and the landlord has not carried out repairs to make your accommodation safe to live in, you may have a claim for housing disrepair compensation. To find out how much your claim might be worth, simply complete our quick online form

Home E Housing Disrepair

What is housing disrepair?

‘Disrepair’ is defined as the ‘poor condition of a building or structure due to neglect.’ If your house is in ‘disrepair’ it means that it requires work to be carried out in order for it to be safe to live in. Disrepair covers many different aspects of your home which we’ve covered in ‘Common Repairs’ but these can include:

  • Structure – damage to the walls, ceilings, floors and roof
  • Damp and mould – Your landlord must deal with damp and mould problems that are caused by disrepair or make the property unfit to live in.
  • Gas – Your landlord must arrange gas safety checks every year
  • Electricity – Your landlord must make sure that wiring, plug sockets and any electrical appliances they provide are safe.
  • Fire Safety – Your landlord must install smoke alarms and carbon monoxide alarms where needed.
  • Hygiene – Your landlord must give you access to working toilets, basins and sinks
  • Pests – Your landlord must carry out any repairs needed to stop pests getting in to your home
  • Heating – Your landlord must give you access to hot water and heating

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.

When can I claim Housing Disrepair?

The law states you must give the landlord a ‘reasonable period of time’ to carry out repairs. This is because it depends on how serious the problem is – a roof repair would potentially take longer than a leaking toilet. If the landlord has not carried out the repairs within a reasonable period of time, you can start your claim.

Did you know?

Many renters don’t know they can ask their landlord to carry out repairs. A report published in 2019 by NetConnected reveals that a massive 97% of renters don’t know their rights.

What Does Housing Disrepair Compensation Cover?

Personal belongings

Damage to your belongings such as clothing, equipment, or personal items caused by the disrepair can be claimed for. Examples include damp and mould affecting your clothing or bedding or a water leak damaging your carpet or furniture.

Personal injury

Health issues resulting from living in a poor environment due to disrepair can be claimed. For example, breathing problems such as asthma or pneumonia caused by continually breathing damp air, injury from falling, carbon monoxide poisoning, gastrointestinal problems, and mental health issues such as depression and anxiety. The compensation amount depends on the severity and duration of the illness and can include loss of earnings caused by the illness.

Inconvenience

If you have been left inconvenienced by the effects of disrepair you can claim compensation which can be taken as cash or a rebate from your rent. Examples include being unable to use the bathroom or unable to cook but can include any type of disturbance or inconvenience. The amount of your claim depends on how severely you were affected and how long you have been affected by it.

Common Types of Housing Disrepair

Structural and Exterior

The property drains, gutters and external pipes must be kept in repair and in good working order.

Supply of Utilities

The supply of water, gas, electricity and installation for sanitation must be working and safe to access.

Heating and Hot Water

The equipment and installations related to heating the property and providing hot water must be in repair and serviceable.

Refusing to Fix

If you have asked your landlord to carry out fair and reasonable repairs to make the property safe and they have refused, you can make them complete the works and claim compensation.

Unsafe Flooring and/or Staircases

Damaged floors and unsafe staircases pose a risk to personal injury and should be fixed by your landlord. If you have reported this type of repair which has not been carried out you could be able to claim compensation.

 

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

What is disrepair?

Disrepair is the deteriorating condition of your rented home over time because repairs were not carried out properly and quickly by your landlord. By continuing to pay rent you have a right to live in a property that is clean and safe. Conditions include pests, dampness, water, heating and sewage.

Does mould count?

Absolutely. Mould caused by dampness can cause a serious risk to health and can therefore be claimed. You can also claim for any damage to your wellbeing or personal belongings caused by the mould.

What property is eligible?

All rented accommodation whether it is private, council or housing association is eligible. This includes any type of property such as flats, houses, maisonettes, airbnb and student accommodation.

How long does it take?

Completing our form takes less than 5 minutes. Once we have your details we can start your claim straight away. The duration of claims typically takes around 9-12 months. For larger and complex claims please allow up to 12-18 months.

How much is a typical claim?

Typical claims are on average £1,200 but can be much higher for particularly long and severe cases of disrepair.

Do you work on a ‘No Win, No Fee’ basis?

Yes, our legal partners, Clear Law LLP operate on a no win, no fee basis. This means you don’t pay anything if we don’t win. If you do, you pay Clear Law LLP up to 25% inc. vat to cover administration working on your case.

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?