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Can I be evicted by my landlord for making a housing disrepair claim?

22 February 2022

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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.

Thousands of people throughout England and Wales are living in properties which are in a state of disrepair. Although landlords have a legal obligation to maintain the structure and exterior of the properties that they rent out, tenants of Local Authorities and Housing Associations can be left living in homes that are unsafe.

We understand the frustrations of tenants who have been forced to live in poor housing conditions. It is important to know that you do not need to suffer in silence and there are steps you can take to make your landlord fix the damage.

Are you considering making a housing disrepair claim?

If you believe that your home is in a state of disrepair you must inform your landlord and give them the chance to fix the issue(s). The landlord should deal with the issue within a reasonable time, the time being dependent on the urgency of the repair. If the landlord fails to fix the reported issues with the property within a reasonable time, the tenant has the right to have their solicitor bring a claim on their behalf. For more information and to make a claim, visit our Housing Disrepair page.

What are examples of housing disrepair claims? 

When a landlord fails in their responsibility to maintain the property that they went 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

What damages can I claim for?

If your landlord fails to fix issues in the home within a reasonable time period, you 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:

  • A reduction in rent
  • A lump sum payment
  • Payments for damage to personal property

For more information, visit our Housing Disrepair page.

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