How Much Compensation Can You Get For A Housing Disrepair?
By Max Mitrovic. Last Updated 11th July 2022. 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. 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. If you believe that you have a good case for a housing disrepair damages claim then we might be able to help you. Our useful guide contains lots of helpful information that could help you if you decide to seek compensation for your situation.
Select a Section
- 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?
- What can you claim for in housing disrepair claims?
- Can I claim if the house is damp causing me allergies or asthma?
- Are moulds causing your allergies or asthma?
- Will my landlord take action against me if I make a claim?
- No Win No Fee housing disrepair claims
- Why choose Legal Expert for your housing disrepair claims?
- Call for Free Advice and To Start a Claim
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
In some cases, this might mean your landlord hiring external contractors to complete the work, however, in the case of smaller jobs they may prefer to tackle it themselves. Either way, they are also responsible for any damage caused whilst the repairs are undertaken.
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. If your property has damp your landlord may not be responsible for any repair work, 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.
Housing Disrepair Statistics
It’s possible to gain an insight into the scale of the housing disrepair problem in this country by looking at the latest statistics from the Office For National Statistics. Let’s break them down:
- In England, according to surveyor assessments, occurrences of damp in all types of housing has decreased between 2016 and 2017. The biggest decrease impacted the private sector, where occurrences of damp fell from 26% to 8%.
- However, the ONS found that levels of disrepairs are still highest in the private sector.
- If we look at the figures for Scotland, in 2017, a staggering 59% of private rented properties had some degree of disrepair to key elements of the property, which relate to its ability to withstand weather, structural stability and preventing overall deterioration.
- In Wales, between 2017 and 2018 it was estimated that damp or condensation problems existed in 13% of private rented properties.
If you’ve been impacted by disrepairs in your property, our friendly team can help. They’ll assess your case for free, and if you have strong grounds for compensation, they’ll connect you with our specialist solicitors.
To find out more about housing disrepair claims, please continue reading.
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.
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. What constitutes a reasonable amount of time will depend on the repair in question and this comes up in many housing disrepair claims; a faulty boiler will require more urgent repair than a dripping tap.
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 our professional team of legal experts; we have years of experience of dealing with housing disrepair claims and will be able to advise you of 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.
If you have made a claim for compensation for local authority housing disrepair or private tenant housing disrepair against your landlord there are several things that you might be able to claim compensation for within housing disrepair claims:
Personal Property – if you have personal items that have been damaged or even destroyed as a result of repairs that your landlord has failed to carry out on the property then you submit housing disrepair claims to replace these items.
Furnishings – If you have had a water leak from burst pipes that your landlord has failed to fix then you should be able to claim compensation for any items such as carpets and furniture that might have been damaged.
Clothing and other materials – if the property has an issue with damp that your landlord has not taken care of then you should be able to claim compensation for any damage caused by damp or mould to clothing, bedding or even curtains.
Damage to Property – If your landlord has had repair work carried out on the property which has resulted in damage to items that belong to you then you can claim compensation for those items.
The amount of compensation will depend on the circumstances of the damage including:
- The nature of the repairs involved
- How long the property has been in this condition – if you advised your landlord in writing make sure you have a copy of the letter
- If the property was let in a condition of disrepair
- The impact that the condition of the property has had on your life and the lives of your other family members
It is important that you mention any damage to us when we begin processing housing disrepair claims so we have all the facts to hand.
You should also be able to put in housing disrepair claims for any damages to your health caused by housing disrepair issues but it will be necessary to prove that the disrepair and the health issues are linked. If your health issues have resulted in visits to your GP make sure that you keep notes of appointment dates and any paperwork you have been given to support your claim, we can help you with this.
If you have developed an allergy or Asthma, or already have allergies or asthma that has got worse following damp issues in your home then you may be able to claim compensation. This also applies to anyone else who resides in the property if they have developed a medical condition that might be the result of the disrepair of the property. The type and cause of the damp will need to be confirmed but if the reason for the damp is due to repair that’s your landlord is responsible but has failed to rectify then you may have a good case against them.
If the damp is caused by disrepair to the property then you can speak to the environmental health department at the council and request that they inspect the property. If they decide that the level of disrepair is serious enough they will serve a legal notice to carry out repair work to your landlord. This a legal document and if your landlord does not comply it could lead to criminal prosecution.
In order to back your housing disrepair claims make sure that you keep copies of any paperwork that you send to the council, including photographs of mould patches and damage to the property. You should also keep any receipts for items you have had to replace, and the damaged items themselves where practical. If the disrepair has caused issues with your health you should visit your GP so that they will have a note of the issues.
As the tenant, you have every right to ask your landlord to make the appropriate and necessary repairs in a timely manner. If you would like to discuss whether you have grounds for housing disrepair claims our experienced team are on hand to help you, all you need to do is call us.
|What sort of injury has been sustained?||Extra details||The typical payout bracket for this sort of injury:|
|Lung disease||(B)(a) When the disability is serious and experienced by a young person - with a likelihood of it becoming worse and leading to premature death||£100,670 to £135,920|
|Lung disease||Breathing difficulties.||£31,310 to £54,830|
|Asthma||Mild chest problems, colds, bronchitis and asthma. Tends to result from unfit housing.||£43,060 to £65,740|
|Asthma||Relatively mild asthma-like symptoms.||£26,290 to £43,010|
|Asthma||Bronchitis and wheezing.||£19,200 to £26,290|
|Asthma||Chronic asthma causing breathing difficulties.||£10,640 to £19,200|
|Asthma||Severe and permanent disabling asthma.||Up to £5,150|
How Much Compensation For Housing Disrepair Could I Receive?
The above figures relate to the potential general damages compensation you could receive from a successful claim. General damages is the head of claim that relates to the general suffering and pain caused by the injury as well as the negative impact the injury has had on your quality of life.
However, special damages could also be included in your compensation for housing disrepair. This figure is comprised of the financial losses caused by the injury you’ve sustained. Examples of losses you could claim for include:
- Damage to your property – The housing disrepair could lead to some of your property (such as televisions, game consoles, furniture, etc.) being damaged. You could claim back the costs of replacements or repairs as part of the claim.
- Loss of earnings – The injury could result in you being unable to work. Whether this is temporary or permanent, you can still claim if you’ve suffered a financial loss due to losing working capacity.
- Medical expenses – This can include the cost of prescriptions, for example. If you also need to have treatment through private healthcare, you could claim back the costs of this.
- Moving costs – If the disrepair is to the extent where you’re unable to continue living in the house, resulting in you needing to move, you could claim for the costs incurred due to this.
You would need evidence to highlight these financial losses, including receipts, invoices, bank statements and payslips. Whether you want a personalised compensation estimate or if you want to know about any legal procedures, such as the pre-action protocol for housing conditions claims, our advisors can help you. They offer free legal advice and can be contacted using the details above.
If damp, mould or both are present in a property then it is very likely that they could be the cause of respiratory problems you are experiencing or the reason why the symptoms of asthma or an existing allergy have increased. Mould and damp can also have a very negative effect on the immune system. And this could lead to the victim taking legal action via a personal injury claim. Note that there could still be significant legal costs.
The people who are most at risk of being affected by mould are:
- Babies and young children
- The elderly
- Anyone who has an existing skin condition like eczema
- Anyone with an existing respiratory condition like asthma or allergies
- Anyone who has a weakened immune system
It is important for people who fall into these categories avoid damp or mould where possible.
Mould can produce substances that are likely to cause a person to have a reaction of an allergic nature, these allergens together irritants and even toxic substances can cause issues for those people who already have health issues. Allergic reactions are caused by inhalation or contact with mould spores, these allergic reactions can present as sneezing, red eyes, runny nose and rashes on the skin. Asthma attacks can also be caused as a result of being in close proximity to mould.
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.
We work on a No Win No Fee basis; we firmly believe that if the issues that have led to your housing disrepair compensation claim were not your fault that you should not have to be out of pocket in order to pursue housing disrepair claims for the compensation you are entitled to. We understand that submitting housing disrepair claims against your landlord can be daunting with the worry of potential repercussions, and of course, the severe strain that it might put on your finances, however with a No Win No Fee if we are unable to secure a compensation pay-out for your claim then you will not have to pay a penny.
This can offer great peace of mind and make all the difference if you want to pursue a claim but have limited finances. It is worth remembering that the housing disrepair claims limitation period is six years, you can make your claim for compensation at any point during this time but it is often better to do it sooner rather than later whilst things are fresh in people’s minds.
If you have any questions regarding the No Win No Fee housing disrepair claims process and how it works then please do not hesitate to contact us, we are always happy to discuss what the process involves. We know that this can be a stressful time for you and we want you to be assured that you will not have the extra stress of trying to find the money to pay any solicitor fees.
If you work with Legal Expert, you will be working with a company whose lawyers have years of experience in dealing with compensation claims and whose team of legal advisors have the expertise needed to provide you will the answers to your questions and all the information you need to be confident going forward in making a claim.
We feel we can say confidently that we have the highest success rate possible, and that we offer our claimants the best chance they can get of winning the highest potential compensation amount that they can get. We have a review page where you can browse through the opinions of our previous customers and see for yourself the proof that our previous claimants have been happy with their service.
If you want to begin housing disrepair claims then give us a call on 0800 073 8804. The claims process does not have to be complicated or stressful, and we will be with you every step of the way. Our team of experienced and professional housing disrepair claims staff will always be here to answer any questions that you might have in respect of the service that we offer, our housing disrepair solicitor No Win No Fee process or even any other aspect of the compensation claim process. We will begin our service to you with a free no-obligation consultation about your housing disrepair claim and then move the process forward to get you the compensation pay-out that you deserve.
This link to the NHS website provides useful information about damp and mould and the effect they can have on your health, it also discusses the common causes of mould.
Shelter is a housing charity that offer advice on all housing-related issues, this link will take you to their page which contains very useful information on housing disrepair law and how to check if you can claim compensation.
Citizens Advice offer a wide variety of advice, this page covers the subjects of housing disrepair for social housing tenants and the options available to tenants when there are issues with disrepair that are being ignored.
We have put together a complete guide to No Win No Fee claims, which should answer all your questions, if however, there is something you would like to discuss with us please call us.
This is a link to the government’s website on Pre-Action Protocol for Housing Disrepair find out more information here.
Housing Disrepair Claims FAQs
How much is housing disrepair compensation?
In terms of percentage, you could receive 25%-50% of the total cost of the damage as compensation.
Can you claim compensation for mould?
You could claim compensation if the mould hasn’t been removed by the landlord.
Can I claim compensation from my landlord?
You can do so if the accident is due to negligence courtesy of your landlord.
Can you sue the council for damp?
Should the damp be due to poor maintenance and it happens within a council home, you can sue them for compensation.
What is the housing disrepair protocol?
This is a set of guidelines to be followed by any leaseholders who wish to make a claim for compensation following housing disrepair.
How long does it take to receive an offer of compensation?
You should receive your compensation payout within 14-28 days of a settlement being agreed.
What are unfit living conditions?
This covers any situations where the house is overloaded with dirt and filth or where the construction of the property is substandard.
What is a landlord’s duty of care?
This is where a landlord must ensure the health and safety of tenants in their properties at all times.
Thank you for reading our guide to housing disrepair claims.