Housing Disrepair Claims: A Complete Guide for Tenants

Housing Disrepair Claims
06
Jan

Living in a rented property that is unsafe, unhealthy, or poorly maintained can seriously affect your quality of life. If your landlord has failed to carry out necessary repairs, you may be entitled to make a housing disrepair claim.

This guide explains everything tenants need to know about housing disrepair claims, including eligibility, common issues, evidence requirements, calculating damages for housing disrepair, compensation, and how the claims process works.

What Are Housing Disrepair Claims?

Housing disrepair claims are legal claims made by tenants when a landlord fails to maintain a rental property to a safe and habitable standard.

Landlords have a legal duty to repair and maintain certain parts of a property. If they ignore repair requests or delay action after being informed of a problem, tenants may be able to seek:

  • Repairs to be carried out
  • Financial compensation
  • A reduction in rent (in some cases)

Housing disrepair claims can apply to private tenants, council tenants, and housing association tenants.

Who Can Make a Housing Disrepair Claim?

You may be eligible to make a housing disrepair claim if:

  • You are a tenant (private, council, or housing association)
  • The disrepair has been reported to the landlord
  • The landlord has failed to fix the issue within a reasonable time
  • The disrepair affects your health, safety, or ability to live comfortably

Even if you are still living in the property, you can usually still make a claim. In most cases, tenants are also protected from eviction for raising legitimate repair issues.

Common Types of Housing Disrepair

Housing disrepair can take many forms. Common issues include:

  • Damp and mould growth
  • Water leaks and plumbing problems
  • Broken or unsafe heating systems
  • Structural damage (cracks, unstable walls, ceilings)
  • Electrical faults or exposed wiring
  • Pest infestations caused by property defects
  • Broken windows, doors, or roofing issues

These issues can lead to serious health risks, especially for children, elderly tenants, or those with existing medical conditions.

Tenant Rights and Landlord Responsibilities

Landlords are legally responsible for keeping a rental property safe and fit for habitation. This typically includes responsibility for:

  • The structure and exterior of the property
  • Heating, hot water, gas, and electrical systems
  • Plumbing, drains, and sanitation
  • Ventilation and prevention of damp

Tenants have the right to:

  • Live in a safe and healthy property
  • Request repairs without fear of eviction
  • Take legal action if repairs are ignored

Landlords must carry out repairs within a reasonable timeframe once notified.

Evidence Needed for a Housing Disrepair Claim

Strong evidence is essential for a successful housing disrepair claim. This may include:

  • Photographs or videos of the disrepair
  • Copies of repair requests or emails sent to the landlord
  • Inspection or surveyor reports
  • Medical records showing health impact (if applicable)
  • Witness statements from other occupants

Keeping a record of when the issue started and how it has affected your living conditions can significantly strengthen your claim.

How the Housing Disrepair Claims Process Works

Although each case is different, the general process usually follows these steps:

  1. Report the disrepair to your landlord in writing
  2. Allow reasonable time for repairs to be completed
  3. Seek legal advice if the landlord fails to act
  4. Property inspection by an independent expert
  5. Legal action or negotiation with the landlord
  6. Repairs and compensation agreed or awarded

Many housing disrepair claims are handled on a no win, no fee basis.

Housing Disrepair Compensation: Amounts and Examples

How Much Compensation Would I Receive from a Housing Disrepair Claim?

Compensation depends on several factors, including:

  • Severity of the disrepair
  • Duration of the problem
  • Impact on health and daily life
  • Loss of use of parts of the property

Compensation may include:

  • A percentage of rent refunded for the affected period
  • Compensation for inconvenience, distress, and discomfort
  • Additional damages if health has been affected

Each claim is assessed individually, so compensation amounts can vary.

How Much Compensation Can You Get for Damp and Mould?

Damp and mould claims are among the most common housing disrepair cases. Compensation for damp and mould may include:

  • Rent reductions ranging from 10% to 50%, depending on severity
  • Additional compensation if mould caused respiratory problems, asthma, or infections
  • Higher awards if children or vulnerable tenants were affected

The longer the issue lasts and the greater the health impact, the higher the potential compensation.

Time Limits for Housing Disrepair Claims

Housing disrepair claims are subject to time limits. In most cases:

  • Claims can usually be made for disrepair within the last six years
  • Earlier issues may not be recoverable unless ongoing

It is always advisable to seek legal advice as early as possible to avoid missing deadlines.

Frequently Asked Questions (FAQs)

Can I make a housing disrepair claim if I am still living in the property?
Yes, most tenants can claim while continuing to live in the property.

Can my landlord evict me for making a claim?
Tenants are legally protected from eviction for reporting legitimate disrepair issues.

Do I need to pay upfront legal fees?
Many claims are handled on a no win, no fee basis.

What if my landlord keeps promising repairs but does nothing?
Repeated delays can still qualify as failure to repair and may support a claim.

Free Housing Disrepair Claim Assessment

If your landlord has failed to carry out essential repairs, you may be entitled to compensation.

Contact a housing disrepair solicitor today for a free assessment

You can find out if you have a valid claim, how much compensation you may receive, and how quickly repairs can be enforced – with no obligation.

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Damp and mould can cause serious health and structural problems in a property. If your landlord is responsible for fixing the issue and they have failed to do so, you may be entitled to compensation.

Document the issue, make a claim to your landlord or the courts, and get our experts advice. Your landlord is responsible for providing a safe and habitable living environment, and compensation may be due if they have failed in this obligation.

If you are a tenant and experiencing leaks in the ceiling, roof or tiles, it is likely that your landlord is responsible for fixing the issue. A leaking roof or ceiling can cause significant damage to a property, including water damage, mould growth, and even structural damage. If your landlord has failed to address the issue and you have suffered loss or damage as a result, you may be entitled to compensation.

To claim compensation, you should document the issue, including any damage or loss you have suffered, and take photos or videos to demonstrate the extent of the problem. You can then make a claim to your landlord or the courts.

Living in a property with structural defects can be a serious safety risk. If you are a tenant in social housing and your landlord has neglected to repair such defects, resulting in an unsafe or unhealthy living environment, we are here to assist you.

Our team of housing disrepair specialists can help you claim for the necessary repairs and compensation if your landlord has failed to address the structural defects even after being notified of the issue.

We operate on a no win, no fee basis for all social housing disrepair claims, ensuring that you have access to legal assistance without incurring any upfront costs.

If you are experiencing disrepair issues in your home, don't hesitate to reach out to us to see if we can help.

Under the law, your landlord is responsible for ensuring that your rental property is properly maintained. This includes addressing any pest or vermin infestations that may arise, as these can pose serious health and safety risks.

In some cases, the landlord may be held liable for the infestation if it was caused by a pre-existing disrepair issue, such as a hole in the building that the landlord failed to repair. However, if the vermin were present when you moved into the property, the responsibility may fall on you as the tenant.

It's crucial to report any pest or vermin issues to your landlord as soon as possible and to keep detailed records of all communication regarding the matter. This includes any letters, texts, or emails exchanged between you and your landlord, as well as notes from any phone or in-person conversations. Gathering photographic evidence of the infestation can also strengthen your case.

Remember that as a tenant, you have the right to a safe and habitable living space, and your landlord is obligated to take action to address any issues that may arise.

As a tenant, you have the right to expect that your landlord will keep the heating and hot water system in good condition. This includes ensuring that the boiler is checked regularly and a gas safety certificate is produced at least once a year.

If you report a fault with the heating or hot water and you are left without either, your landlord is expected to rectify the problem within a reasonable timeframe, typically within a few days. Failure to do so could result in you being entitled to compensation for any inconvenience caused by your landlord's failure to comply with their legal obligations.

In addition to claiming compensation for any inconvenience, you may also be able to claim for any additional costs incurred as a result of the disrepair. For example, if you have to spend extra money on heating due to the faulty system, you may be able to claim this back from your landlord.

It is important to remember that as a tenant, you have certain rights and responsibilities, and your landlord has a legal obligation to ensure that the property is kept in a safe and habitable condition. If you have any concerns about the condition of your heating or hot water system, you should contact your landlord immediately.

Poorly maintained home can cause physical or mental health issue to you and your family. The Disrepair can cause a direct injury, a direct health issue or exacerbate an ongoing condition. A gas leak, water leak, mould, damp, a broken step or a vermin/ mice infestation are all examples of disrepair that can cause health issues to you and your family . If you or members of your family have suffered from any health issues as a direct result of the poor conditions in your home, we want to help you.

You deserve to be happy and healthy in the place that you live, your health is paramount and at times you may not be sure if your health is affected, Our experts can help.