Last Updated 21st January 2025. Housing association disrepair claims allow social tenants to claim compensation if their home becomes dangerous.
You have a right to enjoy the home you pay for in a tenant-like manner. That includes being able to live in a clean environment that is in reasonable repair. If you can’t and your landlord doesn’t do anything about it, you may consider claiming compensation from your housing association.
Housing disrepair can present various risks:
- Injury, i.e. broken staircases.
- Illness, i.e. carbon monoxide poisoning.
- Sanitation issues, i.e. faulty plumbing.
All of the above are grounds to make a housing disrepair claim. If any of them actually harm you, you can also sue your housing association for negligence through a personal injury claim.
This guide will explain how all of this is possible, the steps you need to take, and how one of our expert No Win No Fee solicitors can help you. We will also look at how much compensation for housing association disrepair you could get.
Contact our advisors to discuss your claim today. They’re available anytime for a free initial consultation that places absolutely no obligation on you. You won’t actually start your claim until you give the go-ahead. Get in touch:
- Call 0800 073 8804.
- Complete our online claim form to arrange a free call back.
- Use the Live Chat feature below.
Select A Section
- How Much Compensation For Housing Disrepair Could I Receive?
- Who Could Make Housing Association Disrepair Claims?
- What Are Housing Associations?
- What Responsibilities Do Housing Associations Owe Tenants?
- Legal Action Against Housing Association – Example Scenarios
- No Win No Fee Housing Association Disrepair Claims
- Learn More About Claiming Compensation
How Much Compensation For Housing Disrepair Could I Receive?
Suppose you sustained injuries as a result of housing disrepair. In that case, you might be eligible to make a personal injury claim against the housing association (we explain this eligibility in the next section). If the claim is successful, compensation from the housing association for disrepair could be split into two heads of loss:
- General damages, which account for any physical or psychological damage you suffer caused by the conditions in your home.
- Special damages, a possible second head of loss that compensates for financial loss. A loss of earnings, medical bills and payments for alternative housing are all examples of special damages payments.
For example, if you sue the housing association for mould, you could seek compensation for the breathing difficulties it caused and the money you had to spend on temporary accommodation.
Those figuring out how much compensation for housing disrepair you get will look at your evidence of financial loss, such as payslips or receipts. For the general damages side of the payout, they might look at the Judicial College Guidelines (JCG), a set of compensation guidelines that give an idea of what could be awarded for different forms of harm.
We’ve put together the table below using JCG figures. Only the top line is not from the document. While it provides a useful alternative to a compensation calculator, please remember that it is only a guide. For a more detailed discussion on housing disrepair compensation you could receive, call our helpline and ask for a consultation.
| Type Of Harm | Severity | Amount |
|---|---|---|
| Multiple Instances of Very Serious Harm With Additional Special Damages | Very Serious | Up to 500,000 + |
| Lung Disease | Serious Disability (a) | £122,850 to £165,860 |
| Lung Cancer (b) | £85,460 to £118,790 | |
| Significant and worsening lung function (c) | £66,890 to £85,460 | |
| Breathing difficulties with frequent inhaler use (d) | £38,210 to £66,920 | |
| Asthma | Severe and Permanent Disability (a) | £52,550 to £80,240 |
| Chronic Asthma (b) | £32,090 to £52,490 | |
| Bronchitis (c) | £23,430 to £52,490 | |
| Relatively mild (d) | £12,990 to £23,430 |
Who Could Make Housing Association Disrepair Claims?
Two types of claims can be made for housing disrepair:
- A personal injury claim for the harm caused by the disrepair.
- A housing disrepair claim against your landlord for the damage to the property.
We have set out the eligibility criteria for both types of claim here:
Housing Disrepair Claim
Under Section 11 of the Landlord and Tenant Act 1985, a landlord is required to keep the property structure, exterior areas, utility supplies and sanitation fixings in good repair. You may be eligible to claim compensation if you can demonstrate the following:
- The landlord knew a fault with the property.
- They took no action to repair the fault in a reasonable timeframe.
Personal Injury Claim
Under Section 4 of the Defective Premises Act 1972, a landlord may be liable for personal injuries caused by that defect. In order to make a personal injury claim, you will need to demonstrate:
- The landlord knew about the defect and did not repair it OR
- They did not do enough to investigate potential defects.
- Their failure resulted in you sustaining an injury or illness.
If you need further advice on filing a claim for housing disrepair or have any questions, contact our advisory team today using the details provided below.
What Are Housing Associations?
Housing Associations offer low-cost accommodation, much like local councils, and they operate throughout the UK. Very often, the tenants are on low incomes or they require more in the way of support than other tenants. You can apply directly to a Housing Association, or you can apply through a local council or local authorities, and it is perfectly okay to apply for a tenancy to several associations at any one time.
Housing associations are not-for-profit organisations that rent properties, such as houses or flats, throughout the country. Their goal is to provide tenants with low-cost accommodation. Housing Associations are run by volunteers who tenants elect, and the committees of volunteers employ managers to manage the properties.
The majority of Housing Associations are registered social landlords or RSLs although there are many kinds of organisations that offer various sorts of accommodation to all sorts of tenants.
What Responsibilities Do Housing Associations Owe Tenants?
It is a legal obligation for Housing Association landlords to maintain their properties to an acceptable standard. The law clearly states that landlords are responsible for ensuring:
- Boilers are serviced regularly and in good working order
- Plumbing, electrics, and heating are kept in good working order
- Walls, plasterwork and roofs are inspected and well maintained, ensuring the property is watertight
- Leaking pipes, broken guttering, and any other water problems are resolved.
- There is no mould or excessive dampness.
When it comes to outside areas and whose responsibility it is to maintain gardens and other communal areas, this depends on the terms stated in your rental agreement. To talk to a personal injury lawyer about your housing disrepair claim, don’t hesitate to get in touch with Legal Expert today.
Legal Action Against Housing Association – Example Scenarios
A housing association has a duty of care to their tenants. This means they have a legal responsibility to rectify certain conditions in their property if they could prove hazardous to the people living there.
Here are some examples of instances where they must step in:
- The presence of damp/mould
- Damage that causes a hazard, such as to the stairs
- Gas leaks
- Issues with plumbing
- Poorly maintained windows
- Problems with electricity
While the above issues can cause illnesses such as respiratory problems, damage to a property can also cause bone fractures and bruising if a slip or fall occurs.
Contact our advisors today to find out if you can sue your housing association.
No Win No Fee Housing Association Disrepair Claims
If you are eligible to take legal action against a housing association for housing disrepair or a personal injury, one of our solicitors may be able to help you.
They may offer to help you sue a housing association for negligence by offering you a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement that means your solicitor won’t ask for upfront or ongoing payments for their work on your claim. Furthermore, you will not need to pay them for the services they have provided if your claim fails.
Should your claim succeed, your solicitor will take a success fee out of the compensation awarded to you. The percentage that this fee can be is legally limited.
To find out when you could pursue a civil claim against a housing association or to see if you are eligible to work with one of our solicitors, you can contact our advisory team. They can be reached via:
- Call 0800 073 8804.
- Complete our online claim form to arrange a free call back.
- Use the Live Chat feature below.
Learn More About Claiming Compensation
Click on one of the links below to find out more about housing disrepair claims:
- Our guide to making faulty heater claims if you live in a rented property.
- Find out more about your housing disrepair rights if you are a social housing tenant.
- More information on how to claim for a personal injury claim.
Other claim guides related to housing:
- What Are Tenant’s Rights to Compensation If You Repaired Your Own Social Housing?
- A Guide To Housing Association Compensation For Improvements
Other personal injury claim guides you can read:
We hope that, after reading this guide, you have a better understanding of housing association disrepair claims. If you still have any questions about these kinds of claims, you are welcome to contact our advisors using the contact details included in this guide.
