Anyone paying rent for social housing expects their landlord to keep the property in a safe and well-maintained condition. However, failure to do so may result in homes becoming hazardous and dangerous, which is why some people make social housing complaints.
By reading this guide, you can learn how to make a complaint against your landlord and how you can potentially claim compensation for any injuries caused by the condition of your social home and the disrepair itself. You can also learn how a solicitor can help with your housing disrepair claim on a No Win No Fee basis.
If you want to speak to our advisors about making a social housing complaint or learn more about claiming compensation, please get in touch with them by:
- Visiting our ‘contact us’ page
- Calling on 0800 073 8804
- Messaging them on our live chat
Jump To A Section
- What Is Classed As Social Housing?
- How Can Tenants Make Social Housing Complaints?
- What Types Of Issues Can You Complain About?
- What To Do If Your Landlord Isn’t Responding
- Can You Take Legal Action Against A Landlord?
- Get Help From Legal Expert
- Learn More
What Is Classed As Social Housing?
Social houses are rented from local councils or housing associations at lower rates than houses on the open market. They are rented properties managed by social landlords, offering more affordable housing for those in need.
With the rising cost of living, more people are seeking safe and affordable rental homes. The GOV released accredited statistics regarding social housing lettings in England, showing that between April 2021 and March 2022, 17% of households lived in social housing, and 1.21 million people were on the waiting list for it.
Council Or Local Authority Housing
Council housing has been fundamental in helping low-income or vulnerable people gain access to a home. It is a form of housing that is owned by landlords within local councils.
Different landlords offer varying tenancy agreements that are binding documents outlining the terms and conditions of the rented property. However, it is the landlord’s responsibility to ensure the house is safe and free from hazards.
When applying for council housing, you must meet the eligibility criteria. However, each council has a different one. For example, with some councils, you may apply for council housing from the age of eighteen, while with others, you may be aged sixteen.
After sending off an application for council housing, you must join the waiting list and wait to be contacted by the council when a property is available.
Housing Associations
Housing associations are not-for-profit organisations. This means that they are socially charitable and offer houses to those on a lower income who cannot afford private housing.
You may apply for social housing through a housing association if you are:
- Living in bad conditions
- Living with a disability
- Caring for a relative
- Leaving care or armed forces housing
- Homeless
When the housing association gives you a home, your rights within it depend on the type of tenancy agreement you have. However, like with council housing, it is the landlord’s responsibility to ensure the house is kept to a safe standard.
If you are living in social housing that your landlord is neglecting, you are able to make a complaint against them. For more information on how to do this, please continue reading this guide or contact one of our helpful advisors.
How Can Tenants Make Social Housing Complaints?
If you are a tenant of social housing, you have the right to make a complaint regarding the condition of your home to your social housing landlord.
If you notice that the condition of your social housing is not safe, you should first report it to your landlord through their complaints form. This is typically found on their website.
If you do not receive an adequate response or no action has been taken, you should then make a complaint to your landlord. For specific details on how to do this, visit your landlord’s website. However, landlords typically have a 2-stage complaints procedure:
- Stage 1: They must respond within 10 working days of the complaint being logged.
- Stage 2: They must respond within 20 working days of the complaint reaching this stage.
It is your landlord’s responsibility to respond to the complaint and fix the defect within your social home.
What To Do If Your Landlord Isn’t Responding
If you have addressed problems with your landlord through the social housing complaints process they have in place and have not received a response, there are further steps you can take to resolve the issue.
For example, you can escalate this situation to the Housing Ombudsman. If the complaint is referred to them, they will review it and investigate the matter. You can submit a complaint to the Housing Ombudsman by completing their complaint form.
Once a complaint has been made, the following 3-step procedure may take place:
- They will check if they can review the complaint, if so,
- They will explore a possible resolution
- If a resolution is not possible, they will complete a thorough investigation of the complaint
Depending on the outcome of the investigation, the housing ombudsman may send out orders and recommendations to your landlord. This will ensure that your social housing reverts to a safe condition.
If you would like more advice or support in making a complaint against your landlord, please do not hesitate to contact our advisors.
What Types Of Issues Can You Complain About?
As landlords are responsible for keeping homes in a well-maintained condition, there is no limit to the types of social housing complaints you can make against them. The list below provides some examples of the most common disrepairs that residents typically complain about if their landlords fail to address them.
- Damaged or missing roof tiles
- Structural cracks within walls or floors
- Penetrating damp or condensation mould
- Water leaks or roof leaks
- Faulty electrics
- Rotten doors or window frames
- Blocked drains
- Damaged belongings due to disrepair
- No running water
- Faulty boilers
Regardless of the type of disrepair in your home, you should address this with your landlord. It is their responsibility to take action and fix the issue to ensure you are living in a safe house.
If you have any problems with your social housing, you can always contact our advisors to discuss your options. They can explain the best way to address this with your landlord and determine whether you may be eligible to make a claim against them.
Can You Take Legal Action Against A Landlord?
If your landlord failed to fix your damaged social home, you may be able to take legal action against them and claim compensation for the condition of your home.
Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal obligation to carry out repairs and ensure the maintenance of the drains, gutters and external pipes. They must also ensure that the supplies of water, gas and electricity are kept in proper working order. This includes basins, sinks and baths. They must also ensure that installations for heat and hot water are also in proper working order.
Therefore, if a landlord fails to fix a disrepair, tenants may make a housing disrepair claim against them to be compensated for the damage to their home and property.
Can I Claim Compensation For My Injuries?
If a disrepair in your home caused you to suffer an illness or injury, you may be eligible to make a personal injury claim against your landlord if they failed to take sufficient action to fix it.
Under Section 4 of the Defective Premises Act 1972, your landlord may be held responsible for the disrepair and any harm this caused you. However, to be eligible to start a claim against them, you must meet the following claims criteria:
- Your landlord must have known about the housing disrepair
- Your landlord failed to fix it within a reasonable timeframe
- This resulted in you suffering an injury or illness
If the disrepair caused you to move into a new social home, and you meet the eligibility criteria, you might still be able to start a claim against your previous landlord. Please call our advisors for more information about this and to discuss any social housing complaints you made prior to moving.
Claim Time Limits
Social housing disrepair claims typically have a 6-year time limit under the Limitation Act 1980. This period normally begins from the date you recognise the disrepair.
Our helpful advisors can provide you with more information on the time limit for your housing disrepair claim.
Evidence To Support Your Claim
When making a housing disrepair claim against your landlord, you must obtain evidence to prove they failed to carry out a repair they were responsible for. If this disrepair then caused personal injury and you are also claiming you this, you will need to prove how your landlord was liable for the injury or illness you suffered.
You can support your claim by collecting the following evidence:
- A copy of your tenancy agreement or any social housing documents
- Copies of your medical records that show how the housing disrepair affected your health (if making a personal injury claim against them)
- Photographs of your injuries, such as a broken leg and photographs of the housing disrepair, such as a leaking roof
- Copies of correspondence between you and your landlord discussing the disrepair, such as copies of any social housing complaints you made along with your landlord’s response
- Witness contact details if they saw the housing disrepair or the effect this had on you
If you are struggling to obtain evidence, we have an experienced team of solicitors who can use their expertise to help you obtain evidence and build your case.
If you wish to start a housing disrepair claim against your landlord, please contact our advisors today. They can explain how you can make a complaint and claim compensation for the damage to your house and the harm it caused you.
Get Help From Legal Expert
At Legal Expert, our solicitors may help you take action against your landlord for the unsafe condition of your social housing. You can also instruct one of our personal injury solicitors to work on a claim for any injuries you suffered due to the disrepair.
We understand that the idea of seeking legal representation may be financially worrying. However, our solicitors offer their services on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). This means that you do not have to pay upfront costs for your solicitor’s work.
If your claim is successful, you must pay your solicitor a success fee. However, this will be taken as a legally capped, small percentage of your compensation. If your claim is unsuccessful, you do not need to pay this. Our solicitors will utilise their professional expertise to ensure that you are awarded the compensation you deserve.
Contact Us
Our advisors are available 24/7 to give you advice on making a social housing complaints or help you start a housing disrepair claim. You can get in touch with them by:
- Visiting our ‘contact us‘ page
- Calling them on 0800 073 8804
- Messaging them on our live chat
Learn More
If you would like to read more information on making a complaint or compensation claim for social housing, you can access the helpful links below:
- A guide on how to make a complaint
- A guide on tenants’ rights to compensation for social housing repairs
- A guide on housing association disrepair compensation
References:
- Information on housing benefits, GOV.UK
- Information on housing disrepair legal obligations, GOV.UK
- Contact NHS mental health services, NHS.UK
We appreciate you taking the time to read this guide that explains how you can make social housing complaints against your landlord and how you may be eligible to claim compensation.
