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Housing Disrepair Claims
Find out if you’re eligible for disrepair compensation today.
Thousands of people throughout England and Wales are living in properties which are not fit for purpose. Landlords have a legal obligation to maintain their properties that they rent out, however local Authority and Housing Association tenants can be left living in homes that are unsafe.
If you are a tenant renting a council or a housing association home, then you may be eligible to make a claim if you fit the following criteria:
- Your home is currently in a state of disrepair
- You have made at least one complaint to the council or housing association (landlord) regarding the disrepair
- Your landlord has then failed to carry out adequate repairs to your property within a reasonable period
If the above applies to you, True Solicitors LLP are here to help you to get the repairs done that you need. Call us on 0344 854 7000 for a free, no-obligation assessment of your case or submit your details using the button below. We will handle your claim on a No Win, No Fee basis.
What is my landlord responsible for?
Section 11 of the Landlord and Tenant Act 1985, states that your landlord has a legal responsibility to you as the tenant to:
- Ensure that the property meets necessary fire safety regulations.
- Keep in repair and maintain gas, electricity, water and sanitation installations.
- Handle mould and damp problems.
- Keep in repair the roof and plasterwork.
- Maintain the structure and exterior of rental property, including external pipes and drains.
- Provide efficient security i.e. windows and doors that lock properly.
- Fix defective central heating and wiring.
Under The Homes (Fitness for Habitation) Act, your home must be “fit for human habitation”. Your home therefore must be free from damp and have adequate ventilation too.
What are examples of housing disrepair claims?
When a landlord fails in their responsibility to maintain the property that they rent out to tenants, the tenant may be able to make a housing disrepair claim for:
- Damp and Mould
- Gas and water leaks
- Defective central heating
- Broken door, windows, fence or gate
- Vermin or pest infestation
- Blocked or broken drains and gutters
- Damaged / broken toilet basin and sink
What damages can I claim for?
If your landlord fails to fix issues in the home within a reasonable time period, you are legally entitled to bring a claim against the local authority or housing association responsible. This will force the landlord to complete the necessary works and compensate you for various damages, including:
- Your rent for the period the property was in disrepair
Depending on the severity of your claim, a percentage of your rent can be claimed for. The worse the issue, the higher the percentage. For example, if your rent is £600 pcm (£7,200 py) and you’re entitled to 25% in compensation, the gross value received would be £1,800.
- Damages to personal property
Personal belongings such as clothes, shoes and bags can be claimed for. Additionally, any damages to soft furnishings such as curtains, carpet and bedding would also be taken into consideration.
- Personal injury
Once proven, you can claim for any personal injury or illness the disrepair in question has caused yourself or other tenants. The amount of compensation received depends on factors including severity, duration, and financial loss. If you require further information about personal injury claims, click here.
Any psychological distress or inconvenience can be claimed for. For example, if you’ve had to sleep in another room due to damp or continuous cleaning of mould or damp in your bedroom.
What Evidence Do I need For A Housing Disrepair Claim?
- Evidence of notice given to your landlord (council or housing association).
- Photographic evidence of disrepair / issues in your home.
- Evidence of any damaged items and the cost to replace them.
- Once you’ve contacted us, we will establish who was at fault (whether that be a local authority (council) or housing association) and submit a claim on your behalf. If you haven’t already made a complaint to your landlord, you may be asked to do so.
- We gather the evidence. If your landlord fails to fix the issues you’ve raised, we will collect all of the evidence needed to prove your claim, including damages incurred to your property and your health.
- You win your claim. We will fight hard to recover maximum compensation in the shortest time.
Where do I start?
Contact our expert housing disrepair solicitors on 0344 854 7000 for advice on claiming the compensation that you deserve. Or submit your details using the button below and we will call you back at a time that suits you.
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The amount of compensation that you could be owed for your housing disrepair claim, depends on the severity of the disrepair and how long it has been present in the home. Along with the effect it has had on your health, the damage it has caused to your personal belongings and if you have incurred lost earnings as a direct result.
If the landlord accepts liability early on, and both parties agree to a schedule of works to remedy the issues (without the need to consult an independent expert), then the claims process should take no longer than 6-12 months.
Your landlord is not legally permitted to evict you for making a claim against them. However if you are in arrears and don’t have a payment plan in place you are not protected by the law.
Whilst it can be tempting to withdraw rent payments if your landlord refuses to fix property defects, this is not advisable.
Your tenancy agreement with the local council or housing association is a binding contract, therefore if you fail in your obligation as a tenant to pay rent you are in breach of the contract.
Housing disrepair protocol is listed within the civil procedure rules. The protocol lists the type of claims that can be brought against the landlord and the procedures to follow before litigation.
By law ‘a reasonable amount of notice is required’. We would anticipate that 14 days would provide the landlord adequate time.