What Are Your Rights To Compensation For Tenants Improvements In Social Housing?

By Danielle Jordan. Last Updated 28th February 2023. Do housing associations have a duty of care to their tenants? What are tenants right to compensation for improvements? A lot of people are unaware as to whether they can secure compensation for any home improvements they have made. The truth is that you can, but it all depends on the nature of the improvement, as well as whether you have been injured due to the state of the property before (you can claim for both). At Legal Expert, we can help you claim for the improvements you have made and/or any personal injuries. Simply give us a call today on 0800 073 8804 for more information. But first, read on to discover more about your right to compensation for tenants improvements.

Select A Section

• A Guide To Social Housing Tenant’s Rights To Compensation For Repairs And Maintenance
• What Is Social Housing?
• Is Social Housing Regulated In The UK?
• Tenant Improvements – Do Tenants Have Rights To Compensation For Improvements?
• Right To Compensation For Tenants Of Council Or Housing Associations
• What Are Social Housing Tenants Rights To Compensation For Qualifying Improvements?
• What Permission Must You Get Before Carrying Out Repairs?
• Can You Claim Compensation For Tenants Repairs And Improvements In Social Housing If You Did Not Get Permission?
• Time Limits For Claiming Compensation For Repairs And Maintenance
• What Compensation Could You Be Entitled To?
• Examples Of How Much Compensation You Could Be Owed
• No Win No Fee Compensation For Tenants Who Carried Out Repairs And Improvements In Social Housing Homes
• Contact Legal Expert Now
• Useful Links

A Guide To Social Housing Tenant’s Rights To Compensation For Repairs And Maintenance

Tenants house improvements

If you have carried out repairs on your housing association property or council property, you may be entitled to compensation. In this guide, we reveal everything you need to know about these sorts of claims. We will explain your right to have repairs carried out, what to do if no heating or hot water housing association properties, as well as your right to compensation for improvements housing associations in England. We also explain how to claim if you have been injured due to the poor maintenance in the property.

What Is Social Housing?

Social housing refers to properties that are let on a low-rent basis to individuals who are struggling to secure housing through other means, i.e. private rent or buying their own home. In most cases, the council will provide this housing. However, there are also non-for-profit organisations that provide social housing, for example, housing associations.

Is Social Housing Regulated In The UK?

Yes, it is. The Homes and Communities Agency regulates and funds the social housing in the UK. The Department for Communities and Local Government is the government department oversees the social housing sector.

Tenant Improvements – Do Tenants Have Rights To Compensation For Improvements?

If you made tenant improvements to your home, you may wonder if you could claim compensation. There are certain circumstances in which you could recover compensation if you carried out disrepair improvements.

These are set out under section 11 of the Landlords and Tenant Act 1985:

• Your landlord is expected to keep the structure and exterior in repair. For example, if you paid to have the drains, gutters or external pipes repaired, you could include this as part of a claim.
• Installations for the supply of water, gas, electricity and for sanitation must be kept in repair and proper working order. Although this includes basins, sinks, baths and sanitary conveniences, it does not include other fixtures, fittings and appliances for making use of the supply of these installations. For example, the landlord is responsible for ensuring your water supply, both leaving and entering your home, is unobstructed. However, should the tap break, this may be your responsibility to repair.
• Space heating and water heating must also be kept in repair and proper working order. For example, your landlord must ensure that your boiler is working.

Tenants right to compensation for improvements does not include cosmetic repairs. For example, if you put up new wallpaper, you cannot include this in a claim.

If you need further information about what improvements you could claim for, please phone our advisors.

Right To Compensation For Tenants Of Council Or Housing Associations

If you are renting a property from a housing association or council, you need to make sure you get written improvements prior to carrying out any major improvements. This could include installing a new kitchen or diving a room to create an extra bedroom, for example. Make sure you refer to your tenancy agreement first and foremost. In most cases, to do improvements as a council tenant you will need to pay yourself. However, you may get compensation for certain improvements. This is only the case when the tenancy ends.

What Are Social Housing Tenants Rights To Compensation For Qualifying Improvements?

As per the right to repair regulations, you may be able to secure compensation for any improvements you have made to your home on or after July 2003. Compensation is only paid out once the tenancy ends. You cannot get a payout if the property is being repossessed by the Housing Executive or the tenant has used the house sales scheme to purchase the property. Improvements valued between £100 and £3000 are considered. Some examples include fitting, replacing or installing the following:

• Secondary glazing
• Double glazing or external window replacement
• Draught proofing of external windows or doors
• Cavity wall insulation
• Loft insulation
• Insulation of cylinder, water tank or pipes
• Thermostatic radiator valves
• Water heating or space heating
• Work surfaces for food preparation
• Storage cupboards in kitchen or bathroom
• Kitchen sink
• Toilet
• Wash-hand basin
• Shower or bath

Tenants will not receive compensation for simply redecorating the property, i.e. adding new wardrobes, blinds, or flooring.

What Permission Must You Get Before Carrying Out Repairs?

You need to get written permission from your landlord to carry out repairs. If your landlord refuses, you need written permission as to why you cannot carry out the repair.

Can You Claim Compensation For Tenants Repairs And Improvements In Social Housing If You Did Not Get Permission?

In most cases, no, but it is worth getting in contact with us for more information about this. You need to get written permission from your landlord to make any alteration or improvement. However, where you may have grounds for this is if the landlord has unreasonably withheld permission. Your landlord needs to write to you and explain why permission has not been granted. If this has not happened or the reason provided is unreasonable, you probably will be able to secure compensation. Call us for more information on housing association repair obligations.

Time Limits For Claiming Compensation For Repairs And Maintenance

There is a strict time limit on all personal injury cases, and this limit is three years. Three years may seem like a long time, however, it is worth pointing out that court proceedings must be issued within this time frame. Therefore, you can’t leave it until the very last minute to inquire about making a claim.

This personal injury claims time limit is very strict, and there are not many exceptions. Nevertheless, the few exceptions that occur tend to relate to scenarios where injuries have occurred over time, and because there is no accident date. This tends to be the case with workplace accidents rather than those claiming under the housing association compensation policy, as people can often find themselves claiming against employers they worked for twenty years ago, especially when it comes to industrial deafness and diseases.

Hopefully, you now have a better understanding of how the time limit works. It is certainly advisable to claim as soon as possible. Of course, you will want to deal with your injuries first, but as soon as you feel ready, you should make a claim. You will find it much easier to claim the sooner you do it because the details will still be fresh in your mind. Not only this, but gathering evidence will be a lot easier too, as you will be able to get your hands on witness statements and such like. If you leave it too long, there is every chance the witnesses may have moved home, or they may not remember the incident well enough to give a sufficient statement.

What Compensation Could You Be Entitled To?

When using the services of a personal injury lawyer, one of the most crucial things you will want to know is how much compensation you could be entitled to. It is important to recognise that compensation is split into two parts, which is what we will explain below.

Let’s begin with general damages, as this is the type of compensation you are likely to be familiar with already. This is the money you will receive for the suffering you have encountered. This is calculated based on the injuries you have, how severe they are, and the impact they are going to have on your life. If you want to make a claim using the services of accident lawyers, it is so important to see a doctor, as the medical report they provide is used to figure out how much you will get for general damages.

The second part of the compensation is what is known as special damages. This is the money you will receive for any out of pocket expenses you have incurred because of your injuries. You simply need to ask yourself ‘would I have encountered this cost if I had not been injured?’ If the answer is no, you can claim for it. Let’s take a look at some of the most common special damages:

• Prescription costs
• Treatment expenses
• The cost of counselling
• Loss of income
• Childcare expenses
• Travel costs
• Repair expenses
• The cost of accommodation
• … And much, much more

Of course, when it comes to a tenant asking for compensation, any money you have had to spend on repairs and maintenance will fall into special damages. You can also claim if you have had to stay somewhere else because the property became inhabitable.

Hopefully, you now have a better understanding of how compensation is calculated. We will ensure you have the best chance of getting the compensation you deserve. All of our solicitors work on a No Win, No Fee basis, which presents you with many benefits, such as minimised financial risk.

Examples Of How Much Compensation You Could Be Owed

In the previous section, you discovered exactly how compensation claims are calculated and the different factors that are taken into consideration. When it comes to a tenant right to compensation for repairs and improvements in social housing, it is vital to recognise that all claims are handled on an individual basis. This means that the specific circumstances of your case will be taken into account, for example, the impact that the lack of repairs and maintenance has had on your life, as well as the severity of any injuries you have sustained because of the poor condition of the property. Because of this, it is impossible to give you an accurate figure regarding the payout you will receive. This is because all claims are rightly assessed and compensation is awarded accordingly. Even if you have used a personal injury claims calculator online, it will only ever provide you with a very rough estimate, so please do not pin your hopes on the figure you have been presented with.

In the table below, you will be able to see the average payout for injuries relating to tenant claims. This should give you a bit of an understanding regarding how much money you may receive.

If you cannot find anything that relates to your claim or the injuries you have sustained in the table above, please give us a call and one of our advisors will give you a better understanding of the sort of payout you could receive.

No Win No Fee Compensation For Tenants Who Carried Out Repairs And Improvements In Social Housing Homes

At Legal Expert, all of our solicitors work on a No Win, No Fee basis. This means that you only pay legal fees if your case is a success. There are plenty of benefits associated with going down this route, as you will discover below…

• No huge upfront payment – This is a hurdle a lot of people experience when it comes to making a claim – they do not have the money available to afford the enormous consultation fees that are charged by most lawyers. However, this is something you do not need to worry about when going for the services of No Win, No Fee lawyers, as no huge upfront payment is required to start the claim process.
• Risk is reduced – The stand out feature of a No Win, No Fee service is the fact that you will not need to pay legal fees if your case is not a success. This minimises risk by a monumental degree. If you were to go for a solicitor that charged by the hour, for example, then there is always the chance that you are going to spend huge sums of money and then receive no compensation payout, which could leave you in a really bad position financially. This risk is eliminated when using a No Win, No Fee
• Improved service – Last but not least, you are likely to experience a much better service if you opt for a No Win, No Fee Think about it; the solicitor is going to be impacted by the outcome of your case. The amount of money he or she makes is based on their performance, and thus you can rest assured that they will give your case the level of attention it deserves. You cannot always be sure that this is the case when using another personal injury solicitor.

Contact Legal Expert Now

Do you have any more questions about your tenant right to compensation for repairs and improvements in social housing? Perhaps you are ready to make a claim against the housing association? No matter what applies, Legal Expert is here to assist. We have years of experience in the industry and we can help you to secure the compensation you deserve. All of our cases are handled with 100 per cent confidentiality, with our legal advice provided free of charge. There is no obligation to continue with our service either. You can call our personal injury claims line on 0800 073 8804 from 9.00 a.m. until 9.00 p.m. any day of the week. There are plenty of other ways to get in touch too, including via live chat, email, and requesting a free call back. Head to our contact page for more information on this.

Useful Links

Do you need further information regarding claiming against your landlord? If so, you may find the links below helpful.

Disrepair in housing – How to make a claim– This is our guide on housing disrepair compensation claims.

Private rental information from the Government– This link takes you to the UK Government website where you will find information on private renting and your rights as a tenant.

Social Housing information– This link takes you to the Citizens Advice website where you will find information on renting from the council or a housing association.

Advice on social housing claims. Find out how to claim for social housing disrepair.