By Danielle Jordan. Last updated 10th October 2024. Welcome to our guide to housing disrepair claims. Your house is your home, and whether you rent or own, you should feel like it is a comfortable place to relax in. In this guide, we will talk about how to claim for housing disrepair.
If your home is in a state of disrepair and the responsibility for the repairs lies with your landlord but they are not maintaining and repairing things as they should be then it can have a very negative impact on the quality of your day to day life and even your health.
If you have reported the issues to your landlord but they have failed to take the appropriate action to make the necessary repairs then you may be able to start housing disrepair claims against your landlord. Our useful guide contains lots of helpful information that could help you if you decide to seek compensation for your situation.
Select a Section
- How Much Compensation Could I Claim For Injuries Caused By Housing Disrepair?
- What Are My Landlord’s Responsibilities?
- What Are The Tenant’s Maintenance Responsibilities?
- What Should I Do If My Landlord Is Not Carrying Out Repairs?
- Could Housing Disrepair Claims Be Made If Damp Is Causing Allergies Or Asthma?
- Will My Landlord Take Action Against Me If I Make A Claim?
- Housing Disrepair Claims – How Can A No Win No Fee Solicitor Help Me?
How Much Compensation Could I Claim For Injuries Caused By Housing Disrepair?
We are frequently asked, ‘How much compensation can I get for housing disrepair?’. This is tricky to answer as damages for housing disrepair claims are not fixed and vary from case to case.
Disrepair compensation is made up of two heads of loss, known as general damages and special damages. These are for any injuries suffered and the financial impact of the disrepair, respectively.
Special damages are not always present in housing disrepair claims, but on occasion, they can make up the bulk of any award. You will need to evidence your financial loss, so it is important to keep any relevant receipts, invoices or bills that you have.
In terms of compensation for your injuries, these cover the physical symptoms and emotional harm caused by the disrepair. To value these injuries, your solicitor might arrange an independent medical appointment, and this would give a report that sets out your injuries and your prognosis. This would be at a time convenient to you.
This report can be used in conjunction with the Judicial College Guidelines (JCG), which is a publication on the guidance of compensation for different types of injury. They are just guidelines, but to help you think about how much compensation different injuries could be awarded, we have some examples below. Please note that the top figure does not come from the JCG and that they are just examples, as every injury is unique.
Guideline Compensation
- Serious Harm Plus Significant Financial Loss – Up to £100,000+
- Lung disease (c) – Significant And Worsening Lung Function – £66,890 to £85,460
- Lung disease (d) – Breathing Difficulties – £38,210 to £66,920
- Lung disease (e) – Bronchitis And Wheezing – £25,380 to £38,210
- Asthma (a) – Severe – £52,550 to £80,240
- Asthma (b) – Chronic – £32,090 to £52,490
- Asthma (d) – Relatively Mild – £12,990 to £23,430
- Cold Injuries (b) – Combination of Aggravating Features – In the region of £39,660
- Dermatitis and Other Skin Conditions (a) – Dermatitis Of Both Hands With Some Psychological Consequences – £16,770 to £23,430
- Dermatitis and Other Skin Conditions (b) – Dermatitis Of One Or Both Hands – £10,550 to £13,930
If you would like any further information about housing disrepair compensation you can reach out to our friendly team on the details provided. There is no obligation to go further than an initial conversation.
What Are My Landlord’s Responsibilities?
If you are a tenant living in poor condition in council housing your landlord has a responsibility to keep the property in good condition and also to undertake repair work on anything major that is damaged otherwise you will be within your rights to launch housing disrepair claims. Your landlord should repair and maintain the following:
- Damage to the exterior of the property such as external walls, the roof and the windows, also any structural issues
- Pipes and drains and any sanitary fixtures in the property; sinks, baths, toilets
- Heating and the supply of hot water
- Any gas appliances
- The chimney, if there is one, pipes, flues and the ventilation
- All electrical wiring
- In the case of an apartment and flat disrepair, the landlord is also responsible for repairing damage in common areas such as hallways and staircases
These repairs should be undertaken at your landlord’s expense, and they must not pass on responsibility to you for any of these repairs that they are responsible for.
If you are a private tenant your landlord also has the same responsibilities with regard to the repair work they should undertake on your rental property as a council tenant has. Your landlord may not be responsible for any repair work if the property has damp, but it will depend on the type of damp and the cause.
If you think that you might have a claim for housing disrepair damages against your landlord and would like to discuss it then contact our experienced team of solicitors who will be happy to discuss the details of your circumstances with you to see if you could put forward housing disrepair claims.
What Are The Tenant’s Maintenance Responsibilities?
As a tenant, you also have some responsibilities for keeping your home in a good state of repair. You have a responsibility to:
- Look after your home appropriately this means doing minor repairs such as changing any light bulbs and fuses
- Keep the property clean
- Makes sure that neither you nor your visitors cause damage to the property
- Use the fixtures and fitting in the correct manner, a good example of this is not flushing inappropriate items down the toilet and causing a blockage
You are also responsible for informing your landlord of any repair work that is required on the property, your landlord is not responsible for the repair work until they have been informed that there is an issue, and providing appropriate access to the property so that your landlord can either complete the repair work or authorise an appropriate contractor to make the repair.
Reporting necessary repairs may be a condition on your tenancy agreement and that often applies to any problem, no matter how small or insignificant it might appear to you.
Whether you are a private or a council tenant your maintenance responsibilities should be the same, it is a good idea to check your contract to make sure of this before you attempt to launch housing repair claims.
What Should I Do If My Landlord Is Not Carrying Out Repairs?
It is a good idea to advise your landlord of any repair work that needs on the property in writing where possible. You should do this as soon as you notice any issues. Once you have advised the landlord they should make sure that any repairs are taken care of in a reasonable amount of time.
Should your landlord fail to undertake the necessary repair work on something that could cause calm to others or is having a determinantal effect on your health then you can speak to your local authority (council) who have the power to intervene and make sure that your landlord deals with anything that is dangerous with the property. If you believe that the property is not in a liveable condition then they can also help you with this.
Your landlord can not insist you make repairs to the property that they are responsible for, but if it is allowed within your tenancy agreement you might be able to repair minor parts of the property. If you have to pay for someone to come in and carry out the repair or if the repair costs you money then you may be able to claim this back from your landlord.
If you have reported the issues to your landlord and they have failed to make the necessary repairs then it might be a good idea to seek legal advice.
Contact us for advice on the next steps you should be considering in order to get your landlord to fulfil their responsibilities towards you their tenant. We can discuss your case with you and answer any questions that you might have as part of a free no-obligation consultation.
Could Housing Disrepair Claims Be Made If Damp Is Causing Allergies Or Asthma?
Housing disrepair claims can include allergies or asthma that are caused by damp. They can also include claims for when these conditions are made worse (exacerbated) by the damp in the property. This could be for you or others who live in the property affected by the damp such as children or elderly relatives.
Private and social landlords must adhere to a number of regulations related to damp and mould. When responding to damp and mould, landlords should take various steps, including:
- Assess the issue with urgency to identify the severity of the damp and the potential risks to tenants.
- Tackle the underlying issues promptly.
- Inform tenants of the steps that will be taken.
- Inspect the property at least 6 weeks after remedial work has been carried out.
To make a successful claim, your landlord must have been in breach of their responsibilities; for example, you reported damp to them and they ignored this for several months or even years. This also must have caused or contributed to your injuries.
If you think your landlord has not met their responsibilities to you, please get in touch with one of our advisors. They can give you a quick eligibility check and answer any questions such as ‘How much compensation for housing disrepair?’
Will My Landlord Take Action Against Me If I Make A Claim?
We understand that you might be concerned about housing disrepair claims against your landlord because of housing disrepair. It can be a daunting process and many clients are worried that their landlord might take action against them such as raising the rent or even serving an eviction notice. As a tenant, you have certain rights, when you sign a tenancy agreement just as you agree to keep the property in good order and pay your rent on time your landlord agrees to keep the property in good order and take care of necessary repairs in a timely manner.
It is illegal for a landlord to attempt to evict a tenant without first going through the correct legal procedures, they cannot make you move out of your home just for asking for necessary repairs to be done. If you are in an assured shorthold tenancy then it can be easier for your landlord to evict you but if you have a tenancy agreement that began after 1st October 2015 then you should be able to challenge a “retaliatory eviction”.
You should not withhold rent payments at any point during your housing disrepair claims, as this could give your landlord legal grounds to begin eviction proceedings for non-payment of rent.
There are also certain rules that your landlord is required to follow if they wish to increase your rent and when they can do so. Should your landlord make attempts to intimidate you as a result of your claim for compensation for housing disrepair you should let us know so that we can help you take the appropriate steps.
Housing Disrepair Claims – How Can A No Win No Fee Solicitor Help Me?
If your home is in a poor state of repair, or you’ve suffered injuries due to disrepair, you may be eligible for housing disrepair compensation. A No Win No Fee solicitor could support your claim under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee agreement.
This means that your solicitor generally won’t ask you for an upfront payment for their services. Typically, you won’t be expected to meet the costs for any ongoing fees either. Winning the claim means your solicitor takes a success fee out of your award; the fee is legally limited. If your solicitor does not succeed, they generally won’t charge for their services.
Just contact us for free today to discuss what compensation for housing disrepair you could potentially claim. They can answer any questions you may have about the process of making housing disrepair claims for compensation. Should you have an eligible case, they could put you in touch with one of our solicitors, who typically offer their services under a No Win No Fee arrangement.
To get in touch:
- Use our live webchat at the bottom of the screen.
- Start your claim online.
- Call 0800 073 8804
More Information On Housing Disrepair Compensation Claims
- NHS guide to damp and mould
- Shelter – Housing Advice on Disrepair
- Citizens Advice Bureau – What to do about housing disrepair
- No Win No Fee Claims Advice
- Government Pre-Action Protocol for Housing Disrepair Cases
- Click here to check out our guide to whiplash compensation claims.
- Or head here to find out more about car accident claims.
- Read about claiming compensation from your landlord if your house is in disrepair due to negligence.
- Get information on making a tenancy deposit claim against your landlord if they have failed to return your deposit.
- More information on making a council or local authority claim. Our guide explains how to claim after the council has been negligent.
- Learn about supermarket accident claims with our helpful compensation claims guide.
- Find out if you could make a claim for faulty wiring caused by housing disrepair with our guide.
