Disrepair Claim against Private Landlord

Housing disrepair issues are affecting millions of tenants in the United Kingdom, particularly those renting from private landlords. It is crucial to address this problem to ensure safe and healthy living conditions for all.

This blog will focus on housing disrepair claims against private landlords, providing guidance to tenants who may be suffering due to negligence or unresponsiveness from their landlord.

We will discuss the legal rights and obligations of both tenants and landlords, common housing disrepair claim types, and the steps involved in making a successful housing disrepair claim and rights to legal funding.

In addition, we will explore the potential routes to claim compensation for repair faults and remedies available to tenants, as well as provide practical tips to maximise the likelihood of a successful housing disrepair claim.

By understanding and exercising their rights, tenants can work towards securing a better living environment and holding negligent landlords accountable whilst being able to claim housing disrepair compensation.

If your claim is against a housing association or other social housing then you can read how you can take legal action against a housing association landlord here.

Background to the UK Private Rental Sector

In recent years, the private rented sector (PRS) has undergone significant transformations, expanding to 4.6 million households in 2021/22, which accounts for 19% of all households in England. The PRS now accommodates a more diverse array of households, including families with children, as a long-term housing solution.

With the PRS's growth, there has been an increased focus on improving housing conditions. According to the English Housing Survey (EHS) in 2021, 23% of PRS homes, or approximately 1 million homes, did not meet the Decent Home Standard. This contrasts with 13% of owner-occupied homes and 10% of social-rented homes.

PRS properties were also more likely to have at least one Category 1 hazard under the Housing Health and Safety Rating System (HHSRS). In 2022, a Public Accounts Committee inquiry concluded that the sector frequently fails to provide safe and secure homes for renters.

The Government's white paper, A fairer private rented sector, published on June 16, 2022, presented a 12-point action plan to establish "a fairer, more secure, higher-quality private rented sector." Key commitments included:

• Reducing the number of non-decent rented homes by 50% by 2030 and mandating that privately rented homes meet the Decent Homes Standard.
• Implementing a single Ombudsman for all private property landlords.
• Launching a digital Property Portal to provide essential information for tenants, landlords, and local authorities.
• Enhancing local authorities' enforcement powers.
• Abolishing section 21 of the Housing Act 1988 and terminating 'no-fault' evictions.

The Renters Reform Bill, mentioned in the 2022 Queens Speech, is expected to be introduced in the 2022-23 parliamentary session to implement the proposed reforms.

Section 1 of the paper outlines housing conditions in the PRS and policy developments since 2010.

Section 2 discusses the legal framework for housing standards in the PRS, including statutory provisions for landlords' repairing and maintenance obligations, and other specific requirements such as gas and electrical safety. The HHSRS, a risk-assessment-based regulatory model, is primarily enforced by local authority environmental health officers.

The Homes (Fitness for Human Habitation) Act 2018 mandates private sector landlords in England to ensure their properties are habitable throughout the tenancy, allowing tenants to take legal action against their landlord.

Rent Smart Wales assists those who let or manage rental properties in Wales to comply with their Housing (Wales) Act 2014 obligations and provides advice on renting out safe and healthy homes.

They also process landlord registrations, grant licences and deliver informative and relevant training for those involved in the rental market both online and in classroom venues across Wales.  

Section 3 highlights issues with the legal framework governing housing standards in the PRS, such as:

• The complexity of the HHSRS and calls for its reform. A review is currently underway.
• Inconsistent and low levels of enforcement by local authorities due to limited capacity, lack of knowledge of the private rented stock, and insufficient political or corporate commitment.
• The power imbalance between tenants and landlords, which can lead to retaliatory eviction or rent increases when tenants request repairs and maintenance.
• The complex and piecemeal regulatory framework that leaves landlords and tenants uncertain about their respective responsibilities.
• Insufficient data to understand the challenges facing tenants, landlords, and local authorities, and to evaluate the impact of legislative changes.

The Levelling Up, Housing, and Communities Select Committee is currently conducting an inquiry on Reforming the Private Rented Sector and Tenant Act.

Legal rights and obligations of Tenants and Landlords

Private Tenant rights

Tenants in private rented properties have specific rights that protect them from poor living conditions. These rights include:

• The right to live in a safe and habitable property, free from hazards and disrepair.
• The right to have essential repairs carried out by the landlord within a reasonable time frame.
• The right to be informed of the landlord's contact details.
• The right to challenge excessively high rent increases.
• The right to not be evicted without due process as per the tenancy agreement.

Landlords' responsibilities

Landlords have a legal duty to ensure that their properties are in good condition and that they maintain them in accordance with the law, dealing with all . Key responsibilities include:

• Ensuring the property's structure and exterior are in good repair.
• Maintaining installations for the supply of water, gas, electricity, heating, and sanitation.
• Providing an Energy Performance Certificate (EPC) for the property.
• Ensuring that gas appliances are safe and checked annually by a Gas Safe registered engineer.
• Installing and maintaining smoke alarms and carbon monoxide detectors.

Implied terms in tenancy agreements

In addition to the express terms agreed upon by the tenant and landlord, there are certain implied terms in tenancy agreements. These terms apply regardless of whether they are explicitly stated in the agreement. Key implied terms include:

• The landlord's responsibility to repair the property's structure and exterior.
• The landlord's responsibility to maintain installations for the supply of water, gas, electricity, heating, and sanitation.
• The tenant's responsibility to use the property in a tenant-like manner and report any disrepair.

Identifying Housing Disrepair in Private Rented Properties

Common types of disrepair

Housing disrepair can manifest in various ways, including:

• Dampness and mould growth.
• Leaking roofs or gutters.
• Cracked or broken windows.
• Faulty heating or hot water systems.
• Damaged or blocked drains and plumbing.
• Structural issues, such as subsidence or unstable walls.

Consequences of housing disrepair in rented property

• Living in a property with disrepair can have severe consequences for tenants, including:
• Health problems, such as respiratory issues, allergies, and infections.
• Increased utility bills due to inefficient heating or insulation.
• Damage to personal belongings.
• Inability to use certain rooms or facilities in the property.
• Emotional distress and reduced quality of life evidenced by medical reports.

Reporting Housing Disrepair to the Landlord

If a tenant identifies Housing Disrepair in their property, it is essential to report it to the landlord promptly. Tenants should:

• Notify the landlord in writing, providing a clear description of the issue and any relevant photos or documentation.
• Request that the landlord address the issue within a reasonable time frame.
• Keep a record of all communication with the landlord, including emails, texts, and letters.

Claim Housing Disrepair Compensation against Private Landlords

Gathering evidence

To build a strong disrepair claim, tenants should gather comprehensive evidence to support their case. This may include:

• Photographs and videos of the disrepair.
• Records of communication with the landlord, including emails, texts, and letters.
• Reports from professional inspections or expert opinions.
• Medical records or letters from healthcare providers, if the disrepair has caused health issues.
• Receipts or invoices for any costs incurred due to the disrepair.

Sending a formal letter of complaint

If the landlord fails to address the disrepair within a reasonable time frame, the tenant should send a formal letter of complaint. The letter should:

• Outline the disrepair issue(s) and the attempts made to resolve the problem.
• Provide a deadline for the landlord to respond and carry out the necessary repairs.
• Inform the landlord of the tenant's intention to seek legal advice if the issue remains unresolved.

Seeking No Win No Fee legal advice

If the landlord refuses to take action to address the disrepair, tenants should consult housing disrepair experts for legal advice. Specialist housing disrepair solicitors can help determine the strength of the claim and guide the tenant through the legal process.

Unlike in Council & Housing Association property there is currently no Ombudsman coverage to claim for housing disrepair. Alternative Dispute Resolution is another way to deal with poor housing conditions claims.

Pre-action protocol for housing disrepair cases

Before starting court proceedings on a housing disrepair claim, tenants and their no win no fee housing disrepair solicitors should follow the pre-action protocol for housing disrepair cases. This involves:

• Sending a letter of claim to the private landlord, outlining the disrepair issue(s), the evidence gathered, and the proposed remedy.
• Allowing the landlord a reasonable time to respond, typically 20 working days.
• Attempting to negotiate a settlement or agree on a course of action to resolve the disrepair.

Court proceedings

If the landlord fails to respond or address the disrepair, the tenant may initiate court proceedings in order to claim compensation. The court process may involve:

• Filing a claim form and particulars of the claim.
• Serving the claim on the landlord.
• Attending a hearing, where both parties present their case.
• Awaiting the court's decision, which may include orders for repairs, compensation (including Personal Injury Claims) and legal costs or small claims court fees.

Is there Legal Aid for Private Housing Disrepair Claims?

Affording court action can be challenging, often with a worry about how to pay legal fees to your housing solicitors. Based on your income and case specifics, you might be eligible for assistance with legal costs through the legal aid scheme. Legal aid is only accessible when there's a severe risk to your or a family member's health and safety.

If you're ineligible for help and your claim can be processed in the small claims court, you'll only need to pay a set fee. Small claims is one of three court routes, or tracks, your case could follow. The other tracks include the fast track and the multi-track.

For claims exclusively seeking compensation (damages), the small claims limit is £10,000. However, if a claim involves a request for repair work, it will be assigned to the small claims track only if both the estimated damages and repair work costs are less than £1,000. If either amount exceeds £1,000, the court will generally allocate the case to the fast track.

If you don't qualify for aid, review any insurance policies or credit card agreements, as they may provide legal expenses insurance. Trade unions may also offer legal aid funding advice on non-work-related matters.

Additionally, some solicitors may provide 'no win, no fee' agreements as a funding option for a repair claim. At Housing Disrepair Experts we can help with any legal aid compensation claim

Compensation and Remedies in a Housing Disrepair Claim

Monetary compensation

Tenants may have an eligible claim for housing disrepair claims compensation if the disrepair has caused them financial loss or personal suffering. Compensation can cover:

• Costs of repairing or replacing damaged personal belongings.
• Additional expenses, such as higher utility bills or alternative accommodation costs.
• Claim compensation for physical and emotional suffering caused by the disrepair.

Orders for repairs

The court may order the landlord to carry out the necessary repairs within a specified time frame.

Rent abatement

In some cases, the court may grant a rent abatement, allowing the tenant to pay a reduced rent until the disrepair is addressed.

How much Compensation for a Housing Disrepair Claim?

The basis for calculating housing disrepair compensation is the rent of the property. Compensation is awarded as a percentage of the rent paid while living in the house or apartment with disrepair issues. This applies even if the rent is paid by your local council through Housing Benefits, as the rent is solely used to determine the value of your claim.

The exact percentage awarded depends on the disrepair's severity. A fully uninhabitable property may result in 100% compensation, but such cases are extremely rare. Typically, compensation amounts range between 25% and 50% of the property's rent.

Example of housing disrepair compensation:

Disrepair: Continuous heating issues for 1 year. Monthly rent: £800 Total rent for the 1-year claim period: £9,600 Compensation at 25%: £2,400

Example of damp compensation calculation:

Disrepair: Severe damp for 6 months continuously, along with damage to belongings. Monthly rent: £1,200 Total rent for the 6-month claim period: £7,200 Compensation at 40%: £2,800

Neither example covers a Personal Injury element to the claim. With supporting medical reports you can claim for any personal injury on a no win no fee basis in your rented property.

Typical agreements will have a percentage of any compensation taken as a success fee to help cover legal costs. The fee taken by Housing Disrepair Experts for example on a No Win No Fee Housing Disrepair Claim is no more than 25% of any financial award made.

Tips for Successful No Win No Fee Housing Disrepair Claims

Documenting and reporting Housing disrepair claims promptly

To maximise the likelihood of a successful claim for housing disrepair, tenants should document and report disrepair as soon as they become aware of the issue. This will also help with any personal injury claim made by your housing solicitor.

Maintaining clear communication with the landlord

Clear and consistent communication with the landlord can help demonstrate the tenant's efforts to resolve the disrepair issue amicably.

Checking the tenancy agreement in your rented property could help with the compensation claim process. This will establish who is responsible for maintenance and repairs to the rented property.

Consulting Housing Disrepair Experts

Seeking legal advice early in the process, housing solicitors can help tenants understand their rights and navigate the complex legal landscape of disrepair claims. with expert housing disrepair solicitors

Housing Disrepair Experts are a Financial Conduct Authority (FCA) regulated Claims Management Company with extended permissions in Housing Disrepair claims.

If we need to use a barrister or solicitor for any part of your case you can rest assured that they are Solicitors Regulation Authority (SRA) registered. Do not deal with tenant living issues with social media groups or unregulated companies. They will sell your case to the highest bidder who are then much more likely to pass this on to you with higher termination fee or much larger success fees than our 25%.

This mean that if need housing disrepair lawyers to deal with your landlord's negligence we can cover this on Conditional Fee Agreements (CFA) also knows as a No Win No Fee basis. Even if you have rent arrears our experts can guide you through the entire process.

We can also report your landlord to the local authority council as long as you have allowed a reasonable period for repairs. The council work closely with the environmental health officer who have the power under housing law to start their own legal proceedings.

Housing Disrepair Experts Conclusion

Addressing housing disrepair is essential for ensuring safe and healthy living conditions for all tenants. By understanding their rights and following the appropriate legal process, tenants can hold negligent rogue landlords accountable and secure the necessary repairs and compensation.

It is crucial for tenants to take prompt action, maintain clear communication, and seek legal guidance from housing disrepair solicitors to maximise the likelihood of a successful claim.

Contact us today for free housing advice and a free property inspection in your rented accommodation.