We normally consider our home to be a safe space where we can be ourselves and rest. However, if your house isn’t secure or habitable, it could lead to unnecessary expenses and health issues. If your landlord fails to take any action on any issues in the property, you may be able to claim housing disrepair compensation.
Important Points
- Your housing disrepair claim may be against a private landlord, local council or a housing association, depending on the ownership of the property.
- If the housing disrepair causes you any injuries or illness, you can make a personal injury claim as well.
- Your housing disrepair claim may include compensation for your pain and suffering, along with financial losses.
- It is essential to collect evidence in support of your claim for housing disrepair compensation.
- Our No Win No Fee solicitors may be able to assist you in your housing claim, if eligible.
Get in touch with our experts now for your disrepair claim by:
- Messaging them on live chat.
- Contacting us online through our form.
- Calling at 0800 073 8804.
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Frequently Asked Questions
- How To Make A Claim For Housing Disrepair Compensation
- What Repairs Is A Landlord Responsible For?
- The Average Amount Of Housing Disrepair Compensation
- What Evidence Will I Need To Support My Disrepair Claim?
- Why Use A No Win No Fee Solicitor To Claim For Housing Disrepair
- How Can Legal Expert Help With Housing Disrepair Compensation Claims?
- Learn More
How To Make A Claim For Housing Disrepair Compensation
To seek housing disrepair compensation, it is necessary to ensure that you have an eligible claim. You will need to prove that your landlord failed to adhere to their duties as a landlord and this led to your housing deterioration.
For example, if you reported to your landlord that your boiler was broken with a leaky pipe and you had no hot water, and they failed to send someone out to fix it within a reasonable time frame, you may be able to claim.
Similarly, if you reported to your landlord that you have broken or missing roof tiles and they fail to make repairs and you get hurt as a result, such as slipping on a leak, you could make a compensation claim.
Your claim for compensation may be against a housing association, local council (for council housing) or a private landlord. According to the Homes (Fitness For Human Habitation) Act 2018, private tenants are guaranteed the same rights as council or housing association residents.
Compensation For Injuries Caused By Disrepair
You could also be eligible to claim compensation for the injuries caused by disrepair. Section 4 of the Defective Premises Act 1972 allows tenants to make a claim, provided they can prove:
- The landlord knew about the disrepair, e.g. you reported it to them
- They did not make any repairs within a reasonable timeframe
- This caused a tenant to suffer an illness or personal injury
Some examples of when you may be able to claim include:
- The heater in your accommodation has been non-functional for over 3 months, and despite the landlord’s efforts, no action has been taken. This could cause you frequent colds and fever in addition to mental illness, like anxiety.
- You have been requesting your landlord to repair the mould in your bathroom for the past 6 months, but there has been no action taken. This mould causes you to suffer from asthma and other respiratory ailments.
- The landlord was aware that your staircase had been faulty for the past 4 months. However, no repairs were carried out, and you tripped and fell over, breaking your ankle and suffering from psychological injuries.
Please note that if you are eligible, you may be able to claim for both housing disrepair and personal injury simultaneously. Speak to our advisors for more information on the difference between the two kinds of claims.
What Is Classed As Housing Disrepair?
Housing disrepair is a situation wherein a rented accommodation becomes uninhabitable or unsafe due to minor or serious issues. This could include various issues, such as:
- Plumbing problems or drain blockages.
- Broken locks.
- Rat or insect infestations.
- Faulty wash basins or taps.
- Rotten doors or window frames.
- Damaged pipes or gutterwork.
- Damp and mould.
- Defective fire and/or carbon monoxide alarm.
Call us now to learn when you may be eligible to make a claim for housing disrepair compensation.
What Repairs Is A Landlord Responsible For?
Section 11 of the Landlord and Tenant Act 1985 underlines the following repairs as the landlord’s responsibility:
- Heating and hot water appliances.
- Exterior features like doors and windows.
- Sanitary installations, such as sinks, showerheads, and toilets.
- Electrical wiring.
- Containing any infestations.
- Maintenance of sewage, drainage and plumbing systems.
The landlord is supposed to ensure that the above installations and facilities are in good working condition. If they fall into disrepair and the landlord fails to take action in a reasonable timeframe, you may be able to make a housing disrepair compensation claim.
Speak to our advisors now for more information on electric shock accident claims.
The Average Amount Of Housing Disrepair Compensation
Housing disrepair compensation can include general and special damages.
General damages are awarded for any illnesses or injuries you have suffered. General damages can be calculated by referring to the Judicial College Guidelines (JCG). This document provides compensation guidelines for a wide range of injuries and illnesses broken down into severity.
The table below contains some of the JCG figures that might be applicable for housing disrepair claims. However, the top row is not from the JCG, and this table should be used only as guidance.
Injury Compensation Guidelines
Multiple Severe Injuries and Special Damages Up to £300,000+
Scarring to the Body - Burns Covering 40%+ of the body Likely to exceed £127,930
Head Injury - Moderate (iii) £52,550 to £110,720
Back Injury - Severe (iii) £47,320 to £85,100
Asthma- Severe and Permanent Disablement £52,550 to £80,240
Asthma- Chronic £32,090 to £52,490
Asthma-Wheezing and Bronchitis £23,430 to £32,090
Dermatitis and Other Skin Conditions-(a) £16,770 to £23,430
Dermatitis and Other Skin Conditions- (b) £10,550 to £13,930
Lung Disease- (e) £4,820 to £16,770
Claiming Back Housing Disrepair Financial Losses
In addition to the physical or mental harm, you may be able to include financial losses, or special damages, in your housing claim. Some examples of special damages include:
- Loss of earnings due to an inability to report to work.
- Medical expenses, including the cost of travelling to and from appointments.
- Rising electricity bills as a result of running dehumidifiers for mould treatment or inefficient heating systems.
- Cost of professional care due to impaired mobility after a fall or cleaning services due to a pipe burst.
- Expenses incurred for physical aids, such as a nebuliser, inhaler or crutches.
You will have to provide evidence of your special damages, such as bank statements or receipts.
Use our compensation calculator or call our advisors for further guidance on valuing your claim.
What Evidence Will I Need To Support My Disrepair Claim?
The evidence you would need to claim housing disrepair compensation may be divided into the following categories:
Proving Disrepair
Here are examples of the evidence you could use to support your disrepair claim:
- Photographs of visible disrepair, such as damp and mould on walls, rotting doors or window frames, and faulty stairs.
- Contact details from any flatmates/cohabitants of the living space for witness statements.
- Copy of the rent agreement to establish the liability of the landlord/housing association.
- Communication records to prove that you have informed your landlord of the disrepair and reminded them.
Proving Injuries
You may use the following to prove your personal injury:
- Medical records, such as prescriptions, diagnostic test results or a doctor’s note.
- Diary entries or any other personal narrations related to the physical or mental illness symptoms.
- Invoices related to physical aids, such as a nebuliser or a wheelchair.
- Photographs of visible symptoms, such as rashes or lacerations on the body.
Call our advisors now for assistance in collecting or procuring evidence.
Why Use A No Win No Fee Solicitor To Claim For Housing Disrepair
If you have an eligible housing compensation claim, our advisors can get you in touch with our No Win No Fee solicitors. They offer their services under a Conditional Fee Agreement (CFA), which will lighten your financial burden in the following ways:
- There is no upfront payment for your solicitor’s work.
- You don’t have to pay for their continued services as the claim progresses.
- If your claim is unsuccessful, your solicitor won’t charge for the work done on your case.
- In case of a successful result, you will only have to pay a success fee to your solicitor. This is a fixed percentage of your disrepair compensation, which will be mentioned in your No Win No Fee agreement. There is a legal cap on how much this fee can be to prevent any extortion.
Speak to our friendly advisors now for more information on No Win No Fee claims.
How Can Legal Expert Help With Housing Disrepair Compensation Claims?
We, at Legal Expert, strive to make the claims process simpler and less stressful for you. If you choose to make your housing disrepair compensation claim with us, we can help in the following ways;
- Explaining the complicated legal terms.
- Arranging an independent medical examination for proof of personal injuries.
- Communicating with the landlord for negotiations.
- Calculating the disrepair compensation amount.
- Collecting evidence in support of your claim.
- Determining the correct time limit for your claim.
Although it is possible to start a housing disrepair claim without a solicitor, it is always better to take the assistance of an expert. This is true especially when our housing disrepair solicitors have extensive experience in dealing with all kinds of claims related to poor housing conditions.
Contact Our Team Of Housing Disrepair Solicitors
If you would like to discuss your case, receive free advice and potentially be connected with one of our No Win No Fee solicitors, you can contact our advisors today by:
- Messaging them on live chat.
- Contacting us online through our form.
- Calling at 0800 073 8804.
Learn More
You can read some of our other guides for more information:
- Information on soft tissue injury compensation.
- Our guide on foot injury claims.
- Details on broken chair accidents.
Here are some external links which may be relevant:
- NHS guidance on cuts and grazes.
- Government resource on landlord responsibilities.
- Information from the government on deposit protection schemes.
