Housing Disrepair Claims Solicitor

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What is a housing disrepair compensation claim?

Whether you have mould, a leak in your roof, dangerous electrics or gas, an infestation, or any other problem that puts your home in disrepair that has not been fixed, you could look to make a compensation claim. 

You have the right to make a housing disrepair claim when you have reported an issue to the landlord and given them sufficient time to resolve the situation. If this time has passed and the situation has not been resolved, the repairs have not been made, or the landlord has not responded, then you can take legal action against them. 

This has two potential benefits:

  1. Expediting and ensuring that the repair is made
  2. Enabling you receive compensation for damages

If you’re thinking of making a compensation claim for the condition of your home but are not sure whether you can claim, or what you could be entitled to, then we can help.

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The most important things to remember when making a housing disrepair claim:

Landlords are responsible for ensuring tenants have a safe property to live in

Types of disrepair include mould, leaks, utility & structural issues, and infestations

Regardless of your type of employment you should be able to make a claim

Compensation can cover you for damages such as financial, general, and personal injury

Landlords must be given reasonable notice to repair issues before a claim can be made

Always keep evidence of any disrepair and communications with the landlord

What counts as housing disrepair?

Everyone should live in a home where they feel safe, knowing that issues will be taken care of quickly and with minimal fuss. Sadly, not all tenants have this peace of mind and not all landlords fulfil their obligations. If a home is unsafe, uninhabitable, or has unacceptable living standards then it may be classed as in disrepair. 

Sadly, despite the impact this has on the physical and mental health of tenants, there are some landlords who refuse to make repairs. If you have complained to your landlord, housing association, or council, and they have failed to carry out the necessary repairs, then you may be eligible to seek compensation for housing disrepair.

Read on to find out more about the common issues and whether you could make a disrepair claim for your home.

What damages could I be entitled to?

You can claim damages for a wide range of areas, including:

  • General damages – These include non-monetary losses incurred as a result of the problem, including inconvenience, discomfort, or loss of enjoyment of the property.
  • Personal injury – If the disrepair has led to personal injury, caused a health condition or worsened existing health conditions, then you may be entitled to compensation for loss of earnings, loss of amenity, medical costs, aftercare, and damages for pain and suffering. 
  • Financial loss – Housing disrepair can impact tenants in many financial ways. This includes damage to belongings, increased utility costs, lost earnings due to disruptions, costs of repairs, alternate accommodation expenses and more. Ensure you keep receipts for anything you’ve paid for yourself and that you are not in rent arrears as this can affect the case. 

By working with a housing disrepair claim expert, you’ll have the best chance of gaining compensation for these and other damages. You may also be able to receive a percentage of your rent in compensation if the property has been uninhabitable as a result of the disrepair.

What is the process for making housing disrepair claims?

The standard process for reporting a concern and making a housing disrepair claim is as follows:

  • Report the problem to your landlord and provide proof of the issue, (e.g. photos, video, written documentation)
  • If the issue is not resolved in a reasonable timeframe, then you must follow the Pre-Action Protocol for Housing Condition Claims. If you do not do this then you may face sanctions during proceedings:
    • Explore options for Dispute Resolution to attempt to resolve the matter
    • Submit a letter of claim to the landlord
    • Request any documents needed from the landlord
  • If your landlord does not respond to the letter of claim, or you are unhappy with the response then you can file a claim against them with your local county court. Note, you can do this even if you are no longer living at the property.

Working with a housing disrepair specialist means they can handle this process for you, including gathering further evidence, determining who is at fault and submitting a claim on your behalf.

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How we could help you

By working with we do any claim, you can ensure you receive maximum compensation for your housing disrepair. Our expertise can help build you a strong case, take care of legal proceedings and get you the support you deserve. 

If you want to remove the hassle of making a claim, or just need to see if you are eligible for a claim then get in touch today to learn more about how we can help.

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What standards are landlords responsible for?

Tenants have a right to live in a property free from disrepair and there are standards that a landlord must adhere to. This includes ensuring that:

  • Repairs are completed in a reasonable period of time 
  • Your home is in a good state of repair
  • There are no issues with mould or damp
  • Utilities are working correctly and safely – including electric, gas, water and sanitation
  • The structure and exterior of the property is maintained
  • Defective heating and wiring is fixed
  • The home is secure and fire safety regulations are met
  • The roof and plasterwork are without issue

Legally, you are protected under the Landlord and Tenant Act 1985 and as such your landlord should resolve any of these matters free of charge. However if additional work is agreed outside of this then they may be able to charge you for the cost of the job.

Can I get compensation from the housing association? 

If you reside in a housing association property then you may be eligible for compensation. Housing association landlords have to abide by the same standards as private landlords so the same potential damages and issues listed above also apply. 

The council is not doing repairs – what can I do? 

Likewise, if you live in a council home your landlord will also have to abide by the same legislation and must equally ensure you have a safe home. If you feel unsafe in your home, have suffered an injury or illness caused by substandard living conditions, or have been impacted financially then we can help take action against the council.

Why Choose Us?

No-Win-No-Fee

Get in touch with the assurance that you’ll never face financial risk when claiming with us. We handle all legal expenses, never request fees in advance, and we only receive payment if you do.

Advanced payments

We recognise how housing disrepair can impact your personal life. Where possible, we endeavour to secure an early compensation (interim) payment.

We handle your case

Our team includes claim specialists for each kind of housing disrepair claim, ensuring you receive the finest assistance available. We pride ourselves on successfully securing compensation for our clients.

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What issues can I claim for? 

There are a wide range of issues that can be classed as housing disrepair, ranging from problems with utilities, to leaks, damp, infestations, and more. So long as the issue is not the result of your own negligence or unreasonable actions, then it is likely the responsibility of your landlord to resolve the matter. 

Compensation for mould, damp and leaks

When a landlord has failed to deal with ventilation, dampness, and water issues then properties can be subject to a range of mould, condensation, damp and leak problems. This can lead to health issues, such as respiratory problems, and also damage to personal belongings. 

Heating issues including gas leaks

Issues with heating can exacerbate health conditions, especially in children and the elderly, whilst leading to an uncomfortable living environment. You have a right to live in a property with an effective heating system, with access to hot water. 

Heating issues may also be a sign of gas leaks which can pose significant risks to tenants and need to be resolved urgently. 

Electrical issues

Problems with faulty wiring or electrical systems also pose a significant risk of massive injury. Landlords must have all electrical installations checked at least every 5 years but that doesn’t mean they can ignore issues that appear in the meantime. Any loose wires, problems with outlets, power outages, electrical failures or other concerns must be fixed as a priority. Landlords should also repair or replace any broken appliances that they have provided.

Structural issues

Cracks in walls or ceilings can be a sign of structural issues with a property and aren’t something that can simply be ignored. For tenants they can be especially unnerving. Landlords have to resolve problems with the roof, floors, or supporting structures. 

Unsafe flooring, walls, windows and doors

Fixtures, fittings, walls, windows and doors need to be in good condition and safe to use. These can easily be damaged through rot, wear and tear, or even burglaries. If you don’t feel safe in your home as a result of these issues, then you should speak to your landlord to get them resolved. 

Leaks

Leaky pipes, taps, or toilets can cause water damage throughout a home, as well as damage to your possessions that you may be eligible to claim for. This is especially relevant if you have already made the landlord aware of the issue and they have not resolved it. If left unfixed these problems can cause hidden and unknown damage throughout a home that presents further concerns down the line. 

Infestations

If you have a pest issue – such as rodents, insects, or other pests, this is typically the responsibility of the landlord to resolve. Not resolving the problem can lead to damage to your personal property, as well as your health, so it’s always worth raising this with your landlord at the first sign of an infestation.


Can I make a no win no fee housing disrepair claim?

The last thing you want if you have to take action against your landlord, is to be faced with expensive legal fees. We believe in everyone having access to legal representation without the risk of losing money if your case is not successful. As such, we offer a no win no fee housing disrepair claim service to protect you in the unlikely event your claim is unsuccessful. 

Can I stop paying rent during the claim? 

Whilst you may feel justified in withholding rent during the claim process, or whilst waiting for a repair, we generally advise against this approach. Not paying rent can lead to legal consequences and non-payment fees as per your tenancy agreement. We would recommend you do not stop paying rent and instead speak with a solicitor who can advise on the best course of action. 

It is possible to claim a percentage of rent back in some cases, as well as other damages, so you are generally better to pay now and then claim it back.

Can I be evicted if I make a claim?

No, landlords cannot legally evict a tenant if they make a legitimate claim against them. However, as stated above if you choose not to make payments during this time then they may use this as a reason to evict you. We also advise that you follow the protocol stated above to avoid the risk of eviction for a valid contract breach.

How much notice does my landlord need?

As soon as you notice a disrepair issue you should report it to your landlord. They should be notified in writing. Email or text is recommended so you both have a clear record of any conversation in full.

The landlord then has a reasonable amount of time to make amends. The law does not specify how long this time period is, however it can be deemed to be shorter if the issue is urgent (e.g. a gas leak) or there are vulnerable people living on the property. It is a good idea to ask for the problem to be resolved within a certain timeframe in the message you send to the landlord notifying them of the issue. 

How long will a claim take?

It’s impossible to predict how long a claim will take as no two claims are the same and there can be a variety of factors. For example, the length of the claim process can be affected by; the severity of the issue, whether your landlord admits liability, the time needed to gather evidence and whether the claims goes to court. 

In some cases the issue can be resolved via letters in a few months. However, when cases go to court this can take longer. 

Want to know how much you
are entitled to?

We Do Any Claim