Compensation for Housing Disrepair: A Guide to Applying for Claims

How to Apply for Housing Disrepair Compensation

If you have lived in rented accommodation and experienced mental or physical harm due to a landlord's failure to promptly address necessary repairs, filing a disrepair compensation claim may result in financial compensation.

Housing disrepair is defined as a dwelling that has deteriorated to an unacceptable living standard due to a landlord's negligence. Examples of housing disrepair claims commonly leading to compensation cases include mould and damp, pest infestations, faulty sewage systems, and broken installations for water, heating, repair faults, electricity, or gas.

What are Housing Disrepair Claims?

This pertains to a tenant's claim against their landlord for the deterioration of a rented property. According to the law, landlords have a responsibility to maintain the structure, exterior, and drainage of the dwelling, as well as keep gas, heating, water, sanitation, and electricity installations in working condition. Failure to do so may lead to the property falling into disrepair. All tenants who pay rent have the right to reside in a safe and hazard-free dwelling that is well-maintained. In the event of disrepair, tenants can take legal action via a housing disrepair solicitors and file a disrepair claim against their landlord.

Am I Eligible for a Housing Disrepair Claim?

If you reside in a privately rented accommodation with a private landlord or a rented council house or social housing property that is poorly maintained and in disrepair, you may be eligible for a housing disrepair claim. However, if your fixed-term tenancy commenced before 20 March 2019, you will only be covered if you sign a new agreement or remain a tenant when the term expires. For introductory council tenancy agreement with housing association landlord(s) that began before 20 March 2019, coverage is not available but may be possible if it becomes a secure tenancy.

As per the law, you have the right to reside in a safe dwelling, and thus, you can make a claim if your home is hazardous. Additionally, if the unsafe property has resulted in physical or mental health issues, you can file a claim. Excessive stress, time off work, personal injury, or medical expenses caused by your rented property may warrant a No Win No Fee disrepair claim that could earn you compensation and compel your landlord to make the necessary repairs.

How To Claim Housing Disrepair Compensation?

This is the process for filing a disrepair claim:

Step 1 – Identify the Type of Repair

To begin with, determine the type of repair required. Simple tasks, like replacing broken light bulbs, can be managed by the tenant, whereas significant repairs, like fixing faulty heating system sewage systems, are the responsibility of the landlord.

Step 2 – Collect Evidence of Disrepair

It is crucial to present evidence of the disrepair in your dwelling. When contacting your landlord, provide photographic evidence that illustrates the type and extent of the disrepair. Additionally, if you carry out any repairs, keep copies of the receipts safe so that you can provide them to the landlord as proof.

Step 3 – Make Complaints To Your Landlord

Communicate your concerns to your landlord in writing, via email or text message, outlining the issues you are experiencing. Keep a record of these complaints as evidence for any potential claims. It is important to be specific in your letter and provide as much evidence of the disrepair as possible.

Step 4 – Contact Environmental Health if The Need Arises

In cases where health issues arise from urgent repairs such as damp, mould, pest infestations, or gas leaks, you should contact the Environmental Health department immediately.

Step 5 – Apply for a Housing Disrepair Claim

After a reasonable period of time has elapsed without the landlord completing the necessary repairs, the next step is to consult with a housing disrepair claims solicitor and file a disrepair claim. Our firm employs skilled housing solicitors, who can assist you in obtaining compensation and ensuring that the landlord completes the required repairs.

What Properties Can You Get Housing Disrepair Compensation From?

All renters, regardless of their accommodation type - private housing, council properties, and housing association properties - are eligible to apply for a no win no fee housing disrepair claim. Any type of rental property, such social housing such as flats, houses, and student accommodation, can be included in disrepair claims.

With either your housing association or social housing landlord ignoring your housing conditions claims despite the recent surge in adverse coverage in the national press you need expert housing disrepair solicitors.

Private Rented Property Legal Action

Private landlords often use a management agent to look after the administration of things such as collection of rent, tenancy agreement and the administration of repairs.

Where the landlord fails to deal with these issues then it can lead to No Win No Fee housing disrepair claims. Specialist housing solicitors are able to deal with these management agents and obtain disclosure of supporting evidence such as complaining history.

These management agents are also covered with Professional Indemnity insurance should the landlord responsible fail to comply with any pre action protocol.

Can I Claim Compensation with Rent Arrears?

If you are looking to start a housing disrepair compensation claim but have rent arrears either with a private landlord or the local authority council then arrears could be a concern. Our specialist housing disrepair solicitors will be able to advise you accordingly.

How Long Does a Disrepair Claim Take?

To speed up the completion of your housing disrepair claim application form and to claim compensation, we advise that you gather all necessary information and evidence beforehand. The claims process typically takes around 9-12 months, though more complicated cases may take up to 18 months.

Will I need Evidence for a No Win No Fee Disrepair Claim?

To file your housing disrepair claims, you will need to provide the following:

• A timeline of the disrepair, including when you first noticed it, how long you've experienced the issue, and when you contacted your landlord.
• Photographs that demonstrate the disrepair.
• Receipts for any repairs that you've completed on your own.
• Records of any communication between you and your landlord.
• Medical reports, bills and a doctor's report if you have experienced any health problems as a result of the disrepair.

Personal Injury due to Poor Housing Conditions

If your landlord refuses to abide by the tenant act then you could also make a personal injury claim with a housing solicitor. We can take care of the entire process if it is caused by housing disrepair issues.

Tenant living conditions so poor as to lead to a claim for housing disrepair often go hand in hand with a personal injury claim. This could include injuries such as breathing problems or skin irritations caused by damp and mould for example.

In these cases we would obtain any medical reports required to evidence the injury and this could affect how much compensation your claim is worth.

Do I need to use a Claims Management Company or Solicitors?

In short, no. You can make an eligible claim for disrepair and start the compensation claim process on your own. With free access to the Housing Ombudsman and organisations such as Shelter there are routes to free housing advice.

Housing disrepair solicitors who work on a No Win - No Fee arrangement called Conditional Fee Agreements can offer court routes to legal proceedings without the upfront cost or need to pay legal fees.

If you are on qualifying benefits then you could make a legal aid compensation claim. Under a No Win No Fee housing disrepair solicitors, tenants suffering disrepair issues legally force the repairs and claim compensation.

You should always check that Alternative Dispute Resolution has been exhausted first. Housing law such as the pre action protocol does advise that everything from meetings to a potential visit from an environmental health officer should be tried first.

All of our housing solicitors are regulated with the Solicitors Regulation Authority (SRA) and are able to take on cases on a no win no fee basis.

It is also worth checking to see if there is a termination fee within the agreement as this could leave you exposed to legal costs if you did not comply with instructions or obstructed the process.

Claim for Housing Disrepair through the Ombudsman

If you live in either a housing association, social housing or council property and are suffering from maladministration of your repairs then this could be a route to consider. They are able to help you claim for housing disrepair however there is more of a focus on the if they have stuck to the claims process rather than forcing the repairs or maximising any rent refund due.

So what exactly do the Housing Ombudsman do?

The Housing Ombudsman is an independent service that handles complaints from tenants and leaseholders about registered social landlords (RSLs) in England. The Housing Ombudsman can do the following for tenants in the UK:

1. Investigate complaints: The Housing Ombudsman can investigate complaints made by tenants or leaseholders about their RSLs. This includes complaints about repairs, maintenance, service charges, and other issues.
2. Make recommendations: If the Housing Ombudsman finds that the RSL has not followed the correct procedures or has provided poor service, they can make recommendations to the RSL to put things right. These recommendations may include requiring the RSL to carry out repairs or to improve their procedures.
3. Award compensation: In some cases, the Housing Ombudsman may award compensation to tenants or leaseholders who have suffered losses or inconvenience as a result of the RSL's actions.
4. Monitor RSLs: The Housing Ombudsman also monitors RSLs to ensure that they are meeting the required standards of service and quality. They can take action if an RSL is found to be consistently failing to meet these standards.

It is important to note that the Housing Ombudsman only has jurisdiction over RSLs in England, and not over private landlords or local authorities. If you have a complaint about a private landlord or a local authority, you should seek advice from your local council or a legal advisor.

Should I take the Landlord to a Small Claims Court?

If the disrepair is valued at under £1000 then it is possible that the most appropriate court process is via small claims. Small claims in the UK are dealt with in the County Court, which is a local court that handles civil disputes.

There could also be a possibility to obtain legal help to assist with this process.

Is there Legal Aid to help with Property Disrepair?

Legal aid is available for housing disrepair claims in the UK, but it is subject to certain eligibility criteria.

To qualify for aid, you must meet both financial and non-financial eligibility requirements. The financial eligibility criteria depend on your income and assets, and you will need to provide evidence of your income and financial situation.

The non-financial eligibility criteria require that the case has a good chance of success and that it is in the interests of justice to provide aid.

If you are eligible for aid, it will cover the costs of your legal representation in the case. However, you may still need to pay a contribution towards the costs, depending on your income and financial situation.

It is important to note that aid is only available for certain types of disrepair claims, such as those where there is a risk to the health or safety of the occupants, or where the property is in a serious state of disrepair. Legal aid may not be available for less serious housing disrepair issues.

Do I need to Pay Rent during the Claim?

Yes, in the UK you generally still need to pay rent during a disrepair claim. A disrepair claim is a legal action taken by a tenant against their landlord for failing to carry out necessary repairs to the rented property. While a tenant may be entitled to compensation for any losses or inconvenience suffered as a result of the disrepair, they are still required to pay rent for the property.

What if I fail to Pay Rent either Before or During a Claim?

Failing to pay rent during a housing claim can lead to eviction proceedings being brought against the tenant. It is important to note that a tenant has a legal obligation to pay rent for the duration of their tenancy, regardless of any issues with the condition of the property.

However, if the disrepair has resulted in the property becoming uninhabitable or the tenant being forced to move out temporarily, then the tenant may be entitled to a rent reduction or a refund of rent paid for the period during which the property was uninhabitable or the tenant was unable to use it.

Why Use Housing Disrepair Experts to Make a Housing Disrepair Claim?

There are many compelling reasons to use housing disrepair experts for your claim, and here are some of the most important ones:

Expertise: Housing disrepair experts have years of experience and knowledge in handling disrepair claims and they know how to navigate the complex legal process to get you the compensation you deserve. They have the expertise to assess your claim, provide legal advice, and negotiate with your landlord on your behalf.

Faster resolution: With the help of housing disrepair lawyers and experts, you can expect a faster resolution to your claim. They have the necessary resources and connections to speed up the process, ensuring that you get the compensation you deserve as quickly as possible.

Free Property Inspection: We can arrange, where needed, a property inspection. This can check things from the heating system through to broken doors, electrical issues and damp/mould.

Maximising compensation: Housing disrepair experts will work to ensure that you receive the maximum claim compensation possible. They will evaluate your claim thoroughly, ensuring that all damages are accounted for and that you receive the compensation you deserve.

Reduced stress: Housing claims can be stressful and overwhelming, especially if you're dealing with health issues or financial difficulties. By working with housing disrepair experts, you can reduce your stress levels and focus on your recovery while they handle the legal aspects of your claim.

FCA regulated: Choosing a housing disrepair expert that is FCA regulated means that you can trust that they are adhering to strict regulatory standards, providing a high level of professionalism, and protecting your rights as a consumer. Being able to help Council tenants, Housing Association tenants and also Private Tenant is important when the other landlord fails or refuses to act.

No Win - No Fee - We work on a No Win No Fee basis – to ensure that the tenant never has to put their hand in their pocket. If you are looking to claim housing disrepair compensation for housing disrepair cases, personal injury claims caused by poor living conditions or do not have access to legal aid funding, contact our experts and have no exposure to adverse legal costs.

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