Housing Disrepair Claims Guide | Tenant Rights & Compensation

Housing Disrepair Claims Guide Tenant Rights & Compensation
11
Nov

Knowing Your Position: A Tenant’s Guide to Housing Disrepair Claims

Let’s be honest, dealing with a leaking roof, persistent damp, or a broken boiler in your rented home is more than just an annoyance – it can seriously affect your health and wellbeing.

I’ve spoken to countless tenants across the UK who feel stuck, unsure of their position and worried about challenging their landlord. 

But here’s the crucial thing to remember: the law is firmly on your side. Understanding how to navigate housing disrepair claims is your key to turning a stressful situation around. 

This isn’t about causing trouble; it’s about claiming the safe and decent home you are legally entitled to. 

In this guide, I’ll walk you through your rights and the practical steps to enforce them, drawing on over a decade of experience in tenant law.

What Does a Housing Disrepair Claim Actually Involve?

Many people think a claim is just about getting a repair fixed, but it’s often about much more.

In my practice, I see it as a two-part process: first, getting the landlord to finally carry out the necessary work, and second, securing financial compensation for the hardship you’ve endured. This isn’t a bonus; it’s a standard part of rectifying the landlord’s failure.

Your landlord’s responsibilities aren’t just nice ideas; they’re set in law. The Landlord and Tenant Act 1985 is the cornerstone here, requiring landlords to keep the structure, exterior, and vital systems like water, gas, and heating in good working order. 

Furthermore, the Homes Act 2018 strengthened your position, making it clear that your home must be fit for human habitation throughout your tenancy.

If you’re shivering through winter without heating or your bathroom is growing mould, your landlord is likely breaching these laws.

So, How Do I Actually Start a Housing Disrepair Claim Against My Landlord?

Taking that first step can feel daunting, but breaking it down makes it manageable. Based on the successful claims we’ve handled, here is our step-by-step approach:

  1. Formalize Your Complaint: Don’t just rely on a phone call. Put everything in an email or letter to your landlord or letting agent. Be specific: “The leak in the kitchen ceiling, which I first reported three weeks ago, has now caused the plaster to bulge and water is dripping onto the cooker.” This creates a vital paper trail.
  2. Build Your Evidence File: Think of this as building your case. Take clear, dated photos and videos. Keep a simple diary of how the issue affects you – for instance, “28th Oct: Had to sleep on the sofa due to damp smell in bedroom.” If you’ve had to buy a dehumidifier or see a GP about a cough, keep those receipts.
  3. Get Expert Advice on Your Side: This is where many tenants find real relief. Contact a solicitor who specializes in housing disrepair. We offer a free, no-strings-attached assessment to look at your evidence and tell you if you have a strong case, often on a No Win, No Fee basis. There’s no financial risk in finding out where you stand.
  4. The Formal Letter of Claim: If you have a case, your solicitor will draft a powerful legal letter to your landlord. This isn’t just a complaint; it’s a formal document outlining the legal breaches, the impact on you, and the compensation you are seeking. This letter often prompts action where previous requests failed.
  5. Resolution, with Court as a Last Resort: The vast majority of claims are settled after that formal letter. Landlords often prefer to negotiate a settlement rather than face court. If they refuse, your solicitor can guide you through issuing proceedings, but this is a last resort.

What Kind of Compensation Can You Realistically Expect?

This is a question I hear every day. Compensation, or “damages,” is designed to acknowledge what you’ve been through. It generally comes in two forms:

Compensation for Your Experience:

This covers the inconvenience, stress, and loss of enjoyment of your home. It’s often calculated as a percentage of your rent for the period you’ve put up with the disrepair.

Compensation for Your Losses:

This covers all your out-of-pocket expenses. We’re talking about clothing or furniture ruined by damp, sky-high electricity bills from running portable heaters, or the cost of seeing a doctor.

How Long Will All of This Take?

There’s no one-size-fits-all answer, but to give you a realistic picture: a straightforward case where the landlord engages quickly could be resolved in a few months. 

If the disrepair is complex or the landlord disputes it, it might take longer, potentially 9 to 12 months. Your solicitor should give you an honest timeline from the outset.

Ready to Take Back Control of Your Home?

Living in a property in disrepair can make you feel powerless, but you have more control than you think. The legal system provides clear avenues to not only get repairs done but also to be acknowledged for the hardship you’ve faced.

If you’re tired of waiting for a repair that never happens, why not get a professional opinion? Reach out to our dedicated team for a free, confidential chat today. We’ll listen to your situation and give you honest, straightforward advice on your best way forward.

Leave a Reply

Your email address will not be published. Required fields are marked *

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.