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What Are Tenants Rights to Compensation If You Repaired Your Own Social Housing – Online Guide

By Megan Black. Although Legal Expert primarily deals with personal injury claims, we do take on other claims cases, such as those where people have been forced to move out of their home after making improvements to the social housing they were living in.

This is a fairly complex guide, and if you would be more comfortable speaking to somebody about your own claim, then simply call Legal Expert on 0800 073 8804 today, and we will talk you through the claims process of pursuing damages for the cost of home improvements.

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A Guide To Social Housing Repair Compensation Claims

social-housing-claims

Social housing claims

Unlike most of our guides, you won’t find any personal injury claims calculator, or a discussion of the personal injury claims time limit, as this guide pertains purely to financial losses incurred when you are forced to move out of a property that you have spent your own money to improve. When you are living in a rented property, and your landlord requires you to move out, if you have made significant home improvements, you could be able to claim their costs back. This guide covers your eligibility to do so, and also the legal process that your solicitor will follow to make a claim on your behalf. It contains information such as:

  • A discussion of your rights as a tenant with regard to claiming compensation for any home improvements you have made to a property you are forced to move out of.
  • A list of the most common types of home improvements that could qualify for being the basis of a compensation claim for home improvements when you are forced to move out of a property without choice.
  • Information on your right to make certain home improvements, and how you may need to seek permission from the landlord before you make them.
  • A description of the situation that will exist if you have carried out home improvements you did not have permission to make, and that you wish to claim compensation for when you are forced to move out of the property.
  • A comparison of the compensation claims process for claiming for home improvements as a housing association tenant versus a private tenant.
  • Information about the time limit in place for starting a compensation claim for home improvements when you have been forced to move out of a property.
  • A list of the most common types of compensation you may be able to claim for home improvements you have carried our when forced to move out of a property.
  • A table that contains typical amounts of compensation you could find yourself able to claim for home improvements you have carried out if you are forced to move out of a property.
  • An introduction and explanation of the claims service offered by Legal Expert for people who need to make home improvement claims and details of the Conditional Fee Agreement (CFA) this claims service operates under.
  • A number of useful links for people who find themselves facing imminent financial loss due to the home improvements they have carried out on a rented property.

This guide may not contain all of the answers to your specific questions. If this is so, please take a minute to call Legal Expert on the telephone number that you will find down in the final section of this guide, and we will do all we can to assist you further.

What Rights Do Tenants Have To Compensation For Improvements?

social housing claims statistics

Source: https://www.ons.gov.uk/peoplepopulationandcommunity/personalandhouseholdfinances/incomeandwealth/compendium/familyspending/2014-12-02/chapter2housingexpendituremd

Check the graph above; we can see that alterations and improvements are the fourth largest spend when it comes to property costs. If these alterations and improvements are made to a rental property, the tenant could be able to claim the costs back if they are forced to move out through no fault of their own.

Unlike an injury claim, a personal injury lawyer would pursue, the tenant does not have a pre-defined right to instigate a claim. Generally, such a claim will be possible with a couple of caveats. Firstly, the tenant will need to have obtained the permission of their landlord to make any alterations or improvements to the property. Performing modifications to a property without permission could actually see the tenant liable to pay the landlord damages for the cost of returning the property back to its original state in the worst case.

Secondly, when the tenant receives permission from the landlord, it will likely be stipulated that specific alterations or improvements are made, within a defined budget. If the tenant takes it upon themselves to overspend this pre-agreed budget for the improvements, then it is unlikely that they would be able to claim this additional spend as damages if they are forced to move out of the property.

This is obviously a very complex situation, one which Legal Expert can assist with. We can also provide a personal injury solicitor if you have suffered an injury. Call us at the number at the bottom of this guide to proceed.

What Can Be Considered A Qualifying Improvement?

When it comes to claiming compensation for improvements you have carried out to rented home when you signed your tenancy agreement you will have agreed to comply with the landlord’s requirements regarding making home improvements. Generally, permission will need to be sought to make such improvements. However, it is unlikely your landlord will approve large modifications of a property, for example, knocking down walls or building a garage. Typically, you could get permission to perform home improvements such as:

  • Upgrading a bathroom and fitting a shower or bathtub.
  • Installing a new toilet or installing a toilet in an outbuilding.
  • Fitting a new kitchen sink and taps.
  • Adding additional storage cupboards to the kitchen.
  • Installing new worktops in the kitchen.
  • Upgrading the water or central heating system.
  • Installing insulation, including insulating the loft, or insulating cavity walls.
  • Fitting right proofing on doors and windows as well as installing double glazing.
  • Upgrading the electrical system.
  • Installing a home security system.

If your landlord has agreed to allow you to make improvement such as these above, and you are forced to move out of your home, you should be able to claim the cost of improvements from your landlord and Legal Expert can help with this. We can also help with any personal injury claim. Call us at the number at the end of this guide to learn how.

What Permission Do You Need Before Carrying Out Repairs Or Improvements?

The tenant’s rights to compensation for home improvements revolve around whether the tenant has received written permission from their landlord to make the improvements.

However, your landlord cannot simply deny every request for permission. They must allow tenants to make simple improvements, and if they do not wish to give permission, they must do so in writing, explaining in detail the exact reason why the improvement cannot be made.

For tenants who are renting from a housing association or other organisation, it may be possible to appeal against a failed application to make improvements. For private tenants, it is unlikely that a formal appeal procedure will exist.

Legal Expert can help you to claim compensation for home improvements. Call us at the number down at the end of this guide to proceed with a claim.

What Happens If You Were Not Given Permission?

When it comes to the tenants right to compensation for improvements housing associations have firm guidelines regarding this. If the improvements were not approved the housing association will deem them to have been made illegally, and they likely cannot be claimed for. For a private tenant’s right to compensation for improvement, the situation is a little more complex, although in general, the same will be true and they likely are not a basis for a claim.

Additionally, if a tenant has made improvements and alterations that were not approved beforehand, they could actually be liable to pay compensation to the property owner for the cost of returning the property to its original condition.

If your landlord is attempting to get you to pay for the cost of reversing home improvements, Legal Expert may be able to help you. Call us at the number at the end of this page to find out how.

Is The Process Different For Housing Association Or Private Tenants?

Your housing association may have a housing association repairs and maintenance policy, which cover the housing association tenants rights repairs. When you signed your tenancy agreement, you will have agreed to abide by these conditions of your tenancy. However, it may still be possible to claim compensation despite this.

A private landlord is unlikely to have a similar set of processes to cover tenants rights and the responsibility of the landlord with regards to repairs and home improvements.

The major difference between claiming against a housing association and claiming against a private landlord is in the first case, you will be claiming against a company, and in the second case, you will be claiming against a private individual.

Overall, dealing with a housing association with regard to compensation claims is likely to be simpler than dealing with a private landlord. The housing association, as a UK registered business, has certain legislation it must work within that protects the rights of its tenants. Private landlords are also bound by similar legislation but are far less likely to comply with it all the time.

Whether you need to claim against a housing association or a private landlord, Legal Expert can help you. Give us a call on the telephone number that you will find in the final section of this guide to find out how we can assist you further in making your claim for home improvements.

How Long Do You Have To Make A Compensation Claim?

According to the right to compensation for improvements housing associations England law dictates, every tenant has a narrow window to make claims against their landlord. They can begin a claim up to one month before they move out of the property, and then up to three weeks after they have moved out. To answer the questions, do housing associations have a duty of care to their tenants? the answer is yes, but if they fail in this duty, you only have this narrow window to do something about it.

Legal Expert can help you to claim against a landlord or housing association for the cost of repairs and improvements you have made to the property if you are being moved out and have no choice in the matter. Contact us at the telephone number down at the end of this guide to learn more about how we can help you.

What Compensation For Improvements You Have Carried Out To A Rented Home Can You Claim?

Your housing association may already have a housing association compensation policy; you will have agreed to abide by this policy when you signed your tenancy agreement. However, UK law supersedes any such policy, and if you need to claim for the cost of home improvements from the housing association, then it could still be possible to do so in some cases. Private landlords may not have a similar policy and claiming against a private landlord is often more challenging. However, typical reasons you can claim compensation include but are not limited to:

  • If you have upgraded your bathroom by fitting a shower or a bathtub, you could be able to claim back the cost of the installation.
  • If you have installed a new toilet in an outbuilding, then you could be able to claim back the cost of the installation.
  • If you have fitted a new sink or taps to in your kitchen, you could be able to claim back the cost of the installation and the fittings.
  • If you have added new storage cupboards to your kitchen or any other room in the house, you could be able to claim back the cost of fitting them.
  • If you have replaced the worktops in your kitchen, then you could be able to claim back the cost of materials and installation.
  • If you have installed or upgraded the current central heating or water heating system, then you may be able to claim back the cost of the new installation.
  • If you have installed double glazing or have fitted draught excluders to all doors and windows, this cost may be claimed back in some cases.
  • If you have insulated our loft, cavity walls or any other area of the property, you can likely claim the cost of this back.
  • If you have carried out any upgrades to the basic utilities such as water, gas and electrical systems, you may be able to claim the cost of this.
  • If you have fitted a security system such as alarms and CCTV cameras, you may be able to claim back the cost of this new installation.

These are just some of the home improvements you may be able to claim for if you are forced to move out of the property for some reason, there are many more. Call Legal Expert today to find out how we may be able to help you claim for any home improvements you have made.

Housing Disrepair Compensation Claims Calculator

If you are a tenant asking for compensation, this table below might give you a general idea of how much you might claim. It is based on a typical claims table for a housing association, and is intended as a guide only:

Edit
Reason for claim Information about the claim Amount
Loss of a home, if you are relocated to another property without choice. If you are moved out of your home so that repairs or improvements can be made and you are given no choice over the move. Up to £4,900
Your landlord has failed to fulfil their repair obligations. Claiming for the general discomfort of having to wait an extended period for a repair your landlord should make. £10 to £50
The cost of improvements that you have made when forced to move home. If you are forced to move home and have no choice in this, and you have spent money on making improvements to the home you are being made to move out of. £50 – £3,000

For a more accurate idea of how much you might be able to claim in home improvements compensation, call Legal Expert on the number at the end of this guide.

No Win No Fee Social Housing Repair Compensation

If you need to make a claim against your landlord for the cost of home improvements if you have been forced to move out of your home, then you could pay all the legal costs yourself. If you win your claim, the costs will be claimed back as well. But if you lose, you lose the cost of making a claim as well.

Legal Expert has a much better way for tenants to make a home improvement claim. We offer our claims service to all residents of the UK under a No Win No Fee agreement.

What this means, is that there is no cost associated with starting a claim, and you won’t have to pay any ongoing legal fees even if it takes several months to process your claim. And if we lose, and you don’t receive any compensation, we don’t expect you to pay any of our fees at all. The only time you pay is when you receive a damages settlement and are awarded compensation.

Call Legal Expert on the phone number below to learn more about the national claims service operate.

What Are Tenant’s Rights? – Get In Touch With Any Questions

As we have stated throughout this guide, people who rent from a housing association have tenants’ rights. You also have rights as a tenant if you rent from your local council or a private landlord.

If you have any questions about tenants’ rights about repairs you have made, or about starting a claim, contact us today. Our advisors are available 24 hours a day, 7 days a week to answer any question you may have. They could also offer you free legal advice concerning your potential claim. Additionally, they could connect you with our experienced solicitors if they think you could be eligible for compensation.

Do not hesitate to contact an advisor today about questions such as, ‘What are tenants rights?’. You can contact our advisors by:

Useful Links

At the link below, you will find a guide to making compensation claims against a landlord:

A guide to claiming against a landlord

At the link below, you will find a guide to making compensation claims for accidents that happen on a private property:

A guide to private property claims

At the link below, you will find UK Government information about private renting:

UK Government information on private renting

At the link below, you will find UK Government information about renting from a housing association:

UK Government information on renting from a housing association