By Lewis Cobain. Last Updated 8th July 2024. If you’re wondering ‘how much compensation are housing association disrepair claims worth?’, it’s important to note that every claim is different. In this guide, we’ll help you understand how claims are valued and how much you could be entitled to, so please read on to learn more.
If you are a council or Housing Association tenant and you feel the home you live in has fallen into disrepair causing you to develop an illness or suffer an injury, you could be entitled to file a housing association disrepair claim against the Housing Association landlord.
To find out more about housing disrepair claims against Housing Association landlords and the procedure that goes into filing a claim, please click on the Select a Section 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
- Sue A Housing Association For Negligence With The Help Of A No Win No Fee Solicitor
- Learn More About Claiming Compensation
How Much Compensation For Housing Disrepair Could I Receive?
If you sustained injuries as a result of housing disrepair, 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 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?
There are two types of claim that can be made for housing disrepair; a personal injury claim for the harm caused by the disrepair, and then a housing disrepair claim made 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 had knowledge of 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 had knowledge of 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.
For further advice making a claim for housing disrepair, or to ask any questions you may have, contact our advisory team today using the details given 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.
They are not-for-profit organisations and they rent properties whether it’s houses or flats throughout the country with an end goal being to provide tenants with low-cost accommodation. Housing Associations are run by volunteers who are elected by tenants and the committees of volunteers employ managers to run 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 the following:
- To ensure that boilers are serviced regularly and in good working order
- To ensure that the plumbing, electrics and heating is kept in good working order
- To ensure that walls, plasterwork and roofs are inspected and well maintained ensuring the property is watertight
- To fix leaking pipes, mend guttering and any other apparent water problems
- To put right damp and mould
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, please contact 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
Whilst the above issues can cause illnesses such as respiratory problems, it’s also possible that damage to a property can cause bone fractures and bruising if a slip or fall is caused as a result.
If you want to find out if you can take legal action against your housing association, get in touch with our advisors today.
Sue A Housing Association For Negligence With The Help Of A No Win No Fee Solicitor
If you are eligible to take legal action against a housing association for housing disrepair or for a personal injury, one of our solicitors may be able to help you.
They may offer to help you to 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:
- Calling 0800 073 8804
- Using our live chat.
- Completing our online claim form to arrange a free call back.
Learn More About Claiming Compensation
Click on one of the links below to find out more about successful disrepair claims where tenants received the level of compensation they rightly deserved:
Our guide to making a claim for a faulty heater or boiler in a rented property.
Past Successful Disrepair Claims in the UK
To find out more about taking action against a landlord because they let your rented home fall into disrepair, please click on the link below:
Taking action because of housing disrepair
If you would need to know more about how to file a personal injury claim, the link below provides valuable information on the subject:
How to file a personal injury claim
The article below offers essential information on No Win No Fee structures explaining how you won’t have to pay your lawyer’s legal fees unless they win your case:
No Win No Fee structures explained
Other claim guides related to housing:
- What Are Tenants 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 now 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.
