How Much Compensation for Housing Disrepair Claims

Introducing Our Guide to Housing Disrepair Claim Values

Welcome to our comprehensive guide on housing disrepair claims. A home should be a comfortable sanctuary where you can unwind, whether you rent or own the property. In this guide, we will discuss the process of claiming compensation for housing disrepair.

Understanding Housing Disrepair Claims

How much compensation can you claim for housing disrepair?

Living in a poorly maintained home can negatively affect your daily life and even your health, especially when the responsibility for repairs falls on your landlord. If your landlord is not taking the necessary steps to address these issues, it can cause significant distress.

If you have notified your landlord of the problems but they have not taken appropriate action to resolve them, you may be able to pursue housing disrepair claims against them. If you think you have a strong case for a housing disrepair compensation claim, we are here to help. Our informative guide is filled with valuable information that can assist you in seeking compensation for your circumstances.

Understanding Your Landlord's Obligations

As a tenant living in substandard council housing, social housing or private landlord, your landlord is obligated to maintain the property in good condition and address any major damages; otherwise, you have the right to initiate housing disrepair claims. Your landlord should be responsible for the following repairs and maintenance:

1. Exterior damage to the property, such as external walls, roof, windows, and any structural issues.
2. Pipes, drains, and sanitary fixtures like sinks, bathtubs, and toilets.
3. Heating and hot water supply.
4. Gas appliances.
5. Chimneys, pipes, flues, and ventilation systems.
6. Electrical wiring.
7. In the case of apartments and flats, the landlord is also responsible for repairing damages in shared areas like hallways and staircases.

Your landlord may hire external contractors for some repairs, while handling smaller tasks themselves. Regardless, they are responsible for any damages incurred during the repair process.

These repairs should be carried out at your landlord's expense, and they should not transfer the responsibility for these repairs to you.

Private tenants are also entitled to the same level of maintenance and repair as council and social housing tenants. However, when it comes to dampness, the landlord's responsibility depends on the type of damp and its cause.

If you believe you have a valid housing disrepair claim against your landlord, contact our experienced team of Solicitors Regulation Authority (SRA) solicitors. They will gladly discuss your situation to determine if you have a viable case for housing disrepair claims.

What Are the Tenant's Maintenance Duties?

As a tenant, you also have certain responsibilities in maintaining your home in good condition. These responsibilities include:

1. Taking care of your home by performing minor repairs, such as changing light bulbs and fuses.
2. Keeping the property clean.
3. Ensuring neither you nor your visitors cause damage to the property.
4. Using fixtures and fittings appropriately; for example, not flushing improper items down the toilet, which could cause blockages.
5. Informing your landlord of any necessary repair work and providing suitable access to the property for them or an authorised contractor to complete the repairs.

It is important to note that reporting required repairs might be a condition of your tenancy agreement, regardless of how minor or insignificant the issue may seem.

Both private and council tenants should have similar maintenance responsibilities. However, it is advisable to review your contract before initiating any housing repair claims to ensure you understand your obligations.

What Steps to Take When Your Landlord Fails to Conduct Repairs?

It is recommended that you notify your landlord in writing about any necessary repairs as soon as you become aware of the issues. Once informed, your landlord should address these repairs within a reasonable timeframe. The definition of "reasonable" depends on the specific repair; a faulty boiler, for example, demands more urgent attention than a dripping tap.

If your landlord fails to perform essential repairs that could harm others or negatively impact your health, you can reach out to your local authority (council), which has the power to intervene and ensure your landlord addresses any hazardous conditions.

The local authority can also assist if the property is deemed unlivable. Your landlord cannot require you to carry out repairs they are responsible for, but your tenancy agreement may allow you to handle minor repairs. If you incur costs for repairs, you might be able to claim reimbursement from your landlord.

If you have reported the issues and your landlord has not made the required repairs, consider seeking No Win No Fee legal advice. We can also offer advice on alternative dispute resolution and legal aid. Our team of legal professionals has extensive experience handling housing disrepair claims and can guide you on the next steps to ensure your landlord fulfils their obligations. We can discuss your case and address any questions during a free, no-obligation consultation.

Claim Compensation Amounts for Damp and Mould Issues

Before delving into the potential compensation amounts for damp and mould-related injuries, let's examine the components of a disrepair claim, which may include both general damages and special damages.

General damages, if your claim is successful, compensate for the pain and suffering you have experienced. We will discuss this in more detail later in this guide. For now, let's focus on special damages.

Special damages allow you to recover costs incurred due to your injuries. However, not all claims include special damages, and you may need to provide evidence, such as receipts, to support any housing disrepair compensation claim.

Examples of special damages in a housing disrepair claim may include:

1. Medical expenses: You may need prescriptions or medical aids to address illnesses caused by damp and mould. You could claim reimbursement for these expenses.
2. Repairs and replacements of personal property: If damp and mould have damaged your belongings, you may be able to claim the costs of repairing or replacing them.
3. Loss of earnings: Illnesses resulting from damp and mould may have prevented you from working. You could potentially recover and financial loss such as lost wages, pension contributions, and bonuses.

Contact our advisors to discuss additional components that could be included in your case to claim compensation from a landlord for mould if your claim is successful.

Can I Pursue a Claim for Damp-Related Allergies or Asthma?

If you or someone living in your property has developed an allergy or asthma, or experienced a worsening of pre-existing allergies or asthma due to damp issues in your home, you may be eligible for compensation.

This applies to any medical condition that might result from the property's disrepair. The type and cause of the damp must be confirmed, but if it is due to repairs that your landlord is responsible for but has failed to address, you may have a strong case against them for a personal injury claim.

If the damp is caused by disrepair, you can contact your council's environmental health department and request a property inspection. If they determine that the disrepair level is severe enough, they will issue a legal notice to your landlord to carry out the necessary repairs. This is a legal document, and non-compliance could result in criminal prosecution.

To support your housing disrepair claims, ensure you retain copies of any paperwork sent to the council, including photographs of mould patches and property damage. Keep any receipts for items you have had to replace and, where possible, the damaged items themselves. If the disrepair has affected your health, visit your GP to have the issues documented.

As a tenant, you have the right to request that your landlord promptly address necessary repairs. If you would like to discuss whether you have grounds for housing disrepair claims, our experienced team is available to help. Simply give us a call.

Can I Claim Compensation from Housing Associations/Social Housing?

Yes, tenants of housing associations or social housing properties can also claim compensation if their home is in a state of disrepair that has not been properly addressed by the landlord. Just like private and council landlords, housing associations have a responsibility to ensure that the properties they manage are well-maintained and safe for their tenants. This includes addressing any issues that could have a negative impact on the health and well-being of those living in the property.

If you live in a housing association or social housing property and have reported disrepair issues to your landlord but they have failed to take the necessary action, you could be entitled to compensation. You may be able to claim for any injury or illness caused by the disrepair, as well as any financial losses or damages to your belongings. It is important to gather evidence of the disrepair, keep records of your communication with the housing association, and seek legal advice from a solicitor experienced in housing disrepair claims.

Estimating Compensation for Housing Disrepair

After a successful housing disrepair claim, the compensation awarded may consist of general and special damages - to a reasonable amount. General damages are meant to compensate you for the pain, suffering, and impact on your quality of life resulting from your injury.

Will My Landlord Retaliate If I File a Claim?

We understand that you may be apprehensive about pursuing housing disrepair claims against your landlord due to potential consequences. The process can be intimidating, and many clients worry that their landlord might retaliate by raising rent or even serving an eviction notice.

As a tenant, you have rights when signing a tenancy agreement; just as you agree to maintain the property and pay rent on time, your landlord agrees to keep the property in good condition and address necessary repairs promptly.

Landlords are prohibited from evicting tenants without following proper legal procedures; they cannot force you to leave your home simply because you requested necessary repairs. If you have an assured shorthold tenancy, it may be easier for your landlord to evict you, but if your tenancy agreement began after October 1st, 2015, you should be able to challenge a "retaliatory eviction."

During your housing disrepair claims, you should never withhold rent payments, as this could provide your landlord with legal grounds for eviction due to non-payment of rent.

Additionally, landlords must follow specific rules when increasing rent and determining when they can do so. If your landlord attempts to intimidate you as a result of your compensation claim for housing disrepair, inform us immediately so that we can assist you in taking appropriate action.

These rules must be followed regardless of if you live in rented accommodation with private landlords or are a council tenant receiving housing benefits. Tenant rights to seek compensation and take legal action against a letting agent or housing association for poor condition tenants living is unaffected.

Example of Calculating Housing Disrepair Compensation Amount

These are two good examples of what you could get if you claim compensation against a Local Council, Housing Association or as a Private Tenant against a Private Landlord.

Housing Disrepair Compensation Example with No Heating

Type of Disrepair: Heating issues for one full year

Monthly rent: £1000pcm

Total rent value for the entire claim period (1 year): £12,000

Compensation at 25%: £3000

In this case, you would also receive compensation for the stress and inconvenience caused by not being able to use your heater.

Housing Disrepair Example of Compensation for a Leak

Roof Leak Calculation Disrepair: Severe leaks from the roof for 6 months continuously and damage to belongings.

Monthly rent: £1200pcm

Total rent value for the entire claim period (6 months): £7200

Compensation at 40%: £2800

In this scenario, you would also be compensated for the damage to your belongings as a result of the disrepair.

How Can a No Win No Fee Solicitor Assist in Housing Disrepair Compensation Claims?

If your home is in a state of disrepair or you have sustained injuries due to such conditions, you might be eligible for housing disrepair compensation. A No Win No Fee solicitor can assist you with your claim under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.

This means that your solicitor generally won't require an upfront payment for their services, and you usually won't be expected to cover ongoing fees. If your solicitor wins your claim, they will deduct a success fee from your compensation award, which is legally capped. If your solicitor is unsuccessful, they typically won't charge for their services.

To learn more about the potential compensation for housing disrepair you could claim, contact our advisors. If your case is eligible, they can connect you with one of our solicitors, who usually offer their services under a No Win No Fee agreement. We aim to reach a resolution in a reasonable time.

Starting a Housing Disrepair Claim

If you are tenants looking for the right company to make a successful claim against a housing association, local councils, private landlords supported by expert evidence then you have come to the right place.

Why use the Housing Disrepair Experts to make a Claim?

We are regulated by the Financial Conduct Authority (FCA) in Housing Disrepair Claims and all our solicitors are regulated by the Solicitors Regulation Authority (SRA) and are able to advise on a landlord's duty and plan repair work in a timely manner.

• The thought of court action against social housing or rented property landlords stressful?
• Need advice on the court routes or help getting medical reports to evidence health issues?
• Have some rent arrears and concerned about legal costs?
• Don't understand the small claims court or county court?
• Tired of being fobbed off by your housing association?
• State of repair in you social housing causing serious risk?
• Health and safety failure in your council home causing a health issue?
• Social Housing state of repair causing you extra expenses, down to your last resort?

Speak to our experts today and we will give you an honest breakdown, discuss the state of repair work and advice on any personal injury claims. Make a claim and start the pre action protocol today.