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Housing Disrepair Claims & Compensation

Are you dealing with ongoing issues in your rented home? Have you complained to your landlord about housing disrepair only for it to fall on deaf ears? 

As a renter, your landlord is legally obliged to carry out repairs.

Everyone deserves a safe and comfy home. And if your landlord is playing hard to get with repairs, you could be eligible for housing disrepair compensation.

If your place is in dire need of some TLC, get in touch with our landlord and tenant solicitors for a free case assessment.

What is housing disrepair? 

A property may be classed as being in a state of ‘disrepair’ if there is damage that means it is unsafe and/or unsuitable to live in.

Housing disrepair in UK law is usually used to refer to rented spaces that aren’t up to par. In these situations, tenants can claim compensation for the issues that can arise when a property is in a state of disrepair and the landlord has failed to address them. 

This is because landlord’s have legal responsibilities, like making sure: 

• Your home is structurally sound; 
• There’s no rising damp or mould; 
• Electricity, gas and water supplies are operational and safe; 
• Hygiene facilities are in good, working condition; 
• There’s no pests (such as rats or mice); 
• The heating system works; 
• Drains and gutters are doing their job;
• The roof is safe and not damaged. 

What are housing disrepair compensation claims? 

Housing disrepair compensation claims are legal actions brought about by tenants against their landlords when rented property is in poor condition and does not meet safety and liveability standards. 

Tenants have the right to seek compensation for any inconvenience, discomfort, or suffering caused by housing disrepair. 

If a landlord fails to meet their obligations in making sure a property meets these safety and liveability standards, you may be eligible to make a housing disrepair compensation claim. This legal process aims to not only secure compensation for the tenant but act as a catalyst to compel the landlord to carry out necessary repairs. 

If you believe your rented home is in disrepair, contact our team today to assess your situation and guide you through the process of making a housing disrepair compensation claim. 

What can a tenant claim in a housing disrepair claim?

In a housing disrepair claim, tenants can seek compensation for various issues stemming from the poor condition of their rented property. These may include: 

Inconvenience and Discomfort 

Compensation can be claimed for inconvenience and discomfort caused by the disrepair, such as disrupted living conditions and compromised quality of life. 

Example: Your leaking roof causes water to drip into the living room, making it unusable during rainy days. You could claim compensation for the inconvenience of not being able to use a significant part of your home. 

Health Issues 

If the disrepair has led to health problems, tenants may seek compensation for medical expenses and any suffering endured because of the impact on their well-being. 

Example: Damp and mould in your bedroom exacerbate your breathing problems, leading to doctor visits and medication costs. You may seek compensation for medical expenses, loss of earnings, and suffering caused by the impact on your health. 

Property Damage 

Compensation can be claimed for damage to personal belongings or furnishings caused by the disrepair. 

Example: The disrepair results in a burst pipe, damaging your furniture and electronic appliances. You could claim compensation for the cost of repairing or replacing these damaged items. 

Additional Expenses

Any extra costs incurred by the tenant, such as having to seek alternative accommodation or purchase temporary solutions due to the disrepair, may be eligible for compensation. 

Example: Due to disrepair, you need to stay in a hotel temporarily. You can claim compensation for the extra accommodation costs incurred during the period when your home is uninhabitable. 

Emotional Distress 

Tenants can seek compensation for emotional distress and mental anguish caused by living in substandard conditions. 

Example: Living with persistent issues like a non-functional heating system during winter causes significant stress and anxiety. Compensation can be sought for the emotional distress caused by the substandard living conditions. 

Legal Costs 

In some cases, tenants may be able to claim legal costs associated with pursuing a housing disrepair claim. 

Example: If you engage a solicitor to help with your housing disrepair claim, you may be able to claim legal costs as part of the compensation, making sure that pursuing your rights doesn’t become an additional financial burden. 

What is pain, suffering and loss of amenity in relation to a housing disrepair claim?

In the context of a housing disrepair claim, “pain, suffering, and loss of amenity” refers to non-financial damages a tenant may experience due to substandard living conditions. 

Pain refers to physical or mental distress caused by the disrepair. For example, if it leads to health issues such as asthma attacks or depression.

Suffering covers the emotional and psychological impact of living in a property that’s in a state of disrepair. This can include stress, anxiety, frustration, or any negative emotional experiences resulting from the disrepair. 

Loss of amenity refers to the reduction in the quality of living or the loss of enjoyment of the property. 

For example, if a tenant has been dealing with persistent damp and mould issues in their rented home, they may suffer:

• Physical discomfort (pain) including respiratory problems or allergic reactions;
• Emotional suffering including stress and frustration;
• The inability to use a room due to the damp (i.e. having to sleep in the living room instead of a bedroom), impacting the overall enjoyment of a property. 

How to make a housing disrepair claim

Making a housing disrepair claim in the UK involves several steps. Here’s a simplified breakdown: 

Document the issues

Take clear photos or videos of the disrepair, noting the dates. Also, keep records of any communication with your landlord regarding the problems, including emails, texts, letters, and logs of verbal conversations either face to face or over the phone.

Notify your landlord of the disrepair 

As soon as you notice disrepair in your rented property, tell your landlord in writing about the issues and explicitly request that repairs be carried out. It’s also helpful in this written communication to provide a reasonable timeframe for the repairs to be completed, and highlight the adverse effects the disrepair is causing. 

Contact your local council’s environmental health department 

If your landlord doesn’t respond, you can contact your local authority for assistance. They will send someone out to inspect the property and, if they deem the landlord responsible for the necessary repairs, they will issue them with an enforcement notice to do so within a specific time frame. 

Keep a record 

As well as documenting the issues, you should also maintain a diary detailing the impact of the disrepair of your daily life. For example, if the water supply in your home is in a state of disrepair and you need to go to your local gym to shower, you should keep a record of this, along with any expenses you’ve incurred because of the disrepair. 

Consult a solicitor 

If the issues persist, seek legal advice from a solicitor specialising in housing disrepair claims. They can assess your case and guide you on the next steps, which we’ll cover below. 

At Lawhive, our housing disrepair solicitors can support you on a no win, no fee basis to help you increase your chances of success without the financial strain of upfront costs. Contact us today to find out more.

Send a letter to your landlord 

If you decide to continue with your claim, your solicitor may send a letter to your landlord outlining your claim. This forms part of the Pre-Action Protocol, which aims to bring about a swift resolution before court action. 

Start mediation or court proceedings 

If an agreement isn’t reached, mediation may be suggested as a form of alternative dispute resolution. However, if mediation fails and an agreement can’t be reached, court proceedings may be started. 

Attend the court hearing

In a court hearing for a housing disrepair claim,  you or your appointed solicitor will present your case in court, providing evidence of the disrepair and its impact. Following the hearing, the court may order your landlord to carry out the necessary repairs and pay compensation. 

Can social housing tenants make a claim for housing disrepair?

Yes, individuals living in social housing, including those in properties managed by local authorities or housing associations, can make a claim for housing disrepair. 

Social housing tenants have the same rights as private tenants when it comes to living in properties that meet health and safety standards.

The process for social housing disrepair claims typically involves the following steps: 

1. Notifying the housing provider (local council or housing association) about the disrepair issues in writing, providing details and requesting repairs; 
2. Giving the housing provider a reasonable amount of time to address and rectify the issues;
3. Keeping records of communication, taking photos or videos of the disrepair, and keeping a diary of how it affects your daily life; 
4. If the housing provider fails to address the disrepair or the response is inadequate, consult with a solicitor specialising in housing disrepair claims.

If disrepair issues are affecting social housing tenants, they have the legal right to seek resolution and, if necessary, compensation for the inconvenience and suffering caused by the disrepair.

If you are a social housing tenant in this position, get a free case assessment to find out how our specialist solicitors can help on a no win, no fee basis. 

The Decent Homes Standard In England

Social housing landlords have to adhere to the Decent Homes Standard to make sure accommodation meets certain criteria: 

• The property must be free of Category 1 hazards under the Housing Health and Safety Rating System; 
• Accommodation should be in a reasonable state of repair and issues should be addressed quickly to maintain a safe and habitable living space; 
• Decent homes should have reasonably modern facilities and services that reflect contemporary living standards; 
• The property must have effective insulation and heating that offers a reasonable degree of thermal comfort. 

If a social housing property falls short of these standards and the landlord fails to address the issues, tenants have the right to take action, including making a housing disrepair claim to seek resolution and potential compensation for the inconvenience caused by substandard living conditions. 

When can you make a housing disrepair claim?

It’s important to tell your landlord as soon as you discover any issues with your rented property such as structural issues, damp, or malfunctioning utilities. You can do this via email, text, letter, or in person. Although we do recommend keeping evidence of this interaction and the best way to do this is to report the issue in writing. 

When the issue has been brought to the landlord’s attention, they have at least 21 days to address the issue before you can officially file a housing disrepair claim. 

How much can you claim for housing disrepair?

Housing disrepair compensation is calculated as a percentage of the rent you paid during your residence in the property. This is the case whether you paid rent directly to the landlord, or it was covered by Housing Benefits. 

The actual percentage awarded hinges on the severity of the disrepair. In rare cases, where a property is entirely uninhabitable, you may be eligible for 100% compensation. However, such instances are very, very uncommon. 

Typically, compensation falls within the range of 25% to 50% of the property’s rent. The specific percentage being based on the extent of the disrepair and its impact on your living conditions. 

Example:

Let’s say, based on the severity of the disrepair, it’s determined that you’re eligible for 40% compensation and your monthly rent is £1,000. 

40% of £1,000 is £400. Therefore, you would be awarded £400 as compensation for each month you experienced the disrepair issue. If the disrepair persisted for, let’s say, six months before being resolved, your total compensation would be £400 x 6 = £2,400. 

Keep in mind, the above is an example only and the actual percentage and compensation amount will vary based on the specific circumstances of each case. 

How to prove a housing disrepair claim

You prove a housing disrepair claim by gathering evidence to show the existence and the impact of the disrepair. To prove a housing disrepair claim you should: 

• Take clear photos or videos of the issue; 
• Keep a detailed record of when you discovered the disrepair and what you did; 
• Save all communication with your landlord about the disrepair (including dates, times and methods of communication); 
• Keep a diary describing how the disrepair affects your daily life including inconveniences, discomfort and additional expenses; 
• If possible, get professional assessments, like reports from surveyors or environmental health officers; 
• Gather witness statements from neighbours or others who have observed the disrepair or who can vouch for its impact on your life; 
• Keep a record and evidence of rent payments;
• Consult with a solicitor specialising in housing disrepair claims. 

By collecting and preserving evidence, you will strengthen your housing disrepair claim. 

No win, no fee housing disrepair claims 

At Lawhive, our expert housing disrepair solicitors operate on a Conditional Fee Agreement. In simpler terms, if your claim isn’t successful, you don’t owe us a penny. Nada. Zero. 

Dealing with housing disrepairs is tough, and the last thing you need to contend with is a hefty legal bill. By offering Conditional Fee Agreements, we aim to make justice accessible, with no upfront costs to worry about. 

Ready to make a claim? Speak to our legal assessment team today. They’ll tell you everything you need to know about funding your claim and give you all the info you need to navigate the legal aspects of making a housing disrepair claim without breaking the bank! 

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