Housing Disrepair Claims

We are reliable no win, no fee housing disrepair lawyers who can support you with your housing disrepair claim.

For more information about our services, or to find out whether you are eligible to make a claim, call us today.

Page Contents

  • What is housing disrepair?
  • What are landlords responsible for?
  • When can I make a claim?
  • What can I claim for?
  • How do I make a claim for housing disrepair?
  • How can we help with housing disrepair claims?
  • How much does it cost to make a claim?
  • Our no win, no fee policy
  • How much compensation can I get?

 

What is housing disrepair?

If you are living in a rented property then your landlord is required to ensure that your home is fit for human habitation. Housing disrepair is when a rented property deteriorates or requires repairs so that it is safe and suitable to live in.

Housing disrepair can include many types of deterioration such as:

  • Mould or damp problems
  • Pest infestations
  • Water damage
  • Broken heating systems
  • Problems with gas pipes or electrical wiring
  • Internal deterioration such as damage to carpet, walls etc.
  • External structural problems, including damaged gutters, drains and pipes
  • Broken or unhygienic facilities such as faulty bathroom fittings

 

It doesn’t matter whether your landlord is a private landlord, housing association, or local council, if they fail to uphold their responsibility of ensuring that you are safe and comfortable in your home then you can sue them because of your poor living conditions.

What are landlords responsible for?

As part of their duty to ensure that your property is safe and liveable, landlords are always responsible for repairs to the following:

  • Your property’s structure and exterior, such as the roof, walls and windows
  • Sanitary fittings such as baths, sinks and basins, this also includes pipes and drains
  • Heating and water systems
  • Gas appliances
  • Ventilation
  • Electrical wiring

 

Your landlord cannot charge you for any of the repair work listed above and they are responsible for these repairs irrespective of what your tenancy agreement says. However, they may also be responsible for additional repairs too, this depends on your tenancy agreement.

When can I make a housing disrepair claim?

If your landlord refuses to make repairs to your home that they are responsible for then you may be able to make a housing disrepair claim against them.

To be eligible to make a claim you must have informed your landlord about the disrepair, if they have failed to make a repair within a reasonable time frame then you can claim against them.

Housing disrepair claims can be made either during your tenancy or after your tenancy, however, you must make the claim within 6 years of the date that you provided notice to your landlord about the disrepair. Personal injury claims must be made within 3 years.

It’s important to note that your landlord may not be responsible for repairs if they are a result of you either not taking care of the property properly or doing something unreasonable.

What can I claim for?

When you make a housing disrepair claim against your landlord the court can order them to carry out the repairs. As well as this, you can also be awarded compensation. You can claim compensation for several reasons, including:

  • Damage to belongings – you can claim compensation for any belongings that have been damaged or destroyed as a result of the poor condition of the property. You can also claim for damage to belongings that were caused during repairs that your landlord made.
  • Financial loss – If you have suffered financial loss as a result of your landlord failing to carry out repairs then you can claim compensation for this.
  • Personal injury – If you have been injured as a result of your landlord’s negligence then you could make a personal injury claim. This could include respiratory problems as a result of damp or mould, injuries as a result of slipping or tripping hazards, carbon monoxide poisoning and other types of injuries.
  • Inconvenience – You can claim compensation for inconveniences such as general disruption to your daily life, not being able to use your home or having to wait for repairs to be carried out.

 

How do I make a claim for housing disrepair?

The process of making a claim against your landlord is difficult, which is why you will need the help of a legal expert. If you wish to make a claim then the first thing that you should do is speak with a professional about your situation to find out whether your case meets the criteria for a claim.

Before you can make a claim, you must follow the Pre-Action Protocol for Housing Conditions Claims. The pre-action protocol outlines a number of steps that you must follow before you can make your claim. If you fail to follow these steps then you could face sanctions at a later point during proceedings. The steps include attempting to find an Alternative Dispute Resolution, submitting a letter of claim to your landlord and requesting necessary documents from your landlord.

If your landlord fails to respond you your letter of claim or the response is not satisfactory then you can issue proceedings by applying to the county court.

How can we help with housing disrepair claims?

We know that living with housing disrepair can be a stressful and frustrating experience that can put the health and safety of you and your family at risk, that’s why we are here to support you. Our team of lawyers specialise in housing law and are experts when it comes to dealing with disrepair cases as well as personal injury claims. With their expertise, you can get the help and compensation that you deserve.

Housing disrepair claims are very complex, this is why it is highly recommended that you seek the assistance of a legal professional to help you with your case. As specialist housing disrepair lawyers, we know exactly what it takes to make a successful claim.

We can do an initial assessment of your case to find out the details and determine whether you are eligible to make a housing disrepair claim. From here we can provide you with reliable legal advice about what your next steps should be. If you decide that you would like to go ahead with your claim then our team will assist you throughout the process, this includes ensuring that you follow the pre-action protocol, submitting your claim, helping you to gather all of the required evidence and representing you at your hearing.

Our solicitors will be there for you throughout the entire process. For more information about the services that we offer, contact our team today on XXX.

How much does it cost to claim for housing disrepair?

Making a claim against your landlord can be a costly process. Depending on the severity of your case you could be entitled to Legal Aid to help you with these costs, however, Legal Aid funding is only available in cases where there is a serious risk to the health and safety of the tenants living in the property.

If Legal Aid is not available then you will need to cover the costs yourself, the cost varies depending on the court route you take. There are three court routes available, they are known as small claims, fast track and multi-track.

If your claim for compensation is under £10,000 then your case could be heard in small claims court. However, if you are seeking an order for repairs to be made then the case can only be heard in small claims if the cost of repair work is under £1000 and the damages are under £1000. If your case is not eligible for small claims then it will usually be allocated to the fast-track court.

If you win your case then your landlord can be ordered to cover your costs for you.

Court fees can vary from case to case, our lawyers can tell you more about the fees that you will need to pay, call us on XXX to find out more.

 

Our no win, no fee policy

As well as the court fees you should also consider the cost of hiring an expert. We believe that everyone should be able to access reliable and professional assistance with their housing disrepair issues, this is why we work on a no-win, no fee basis.

This means that if you lose your case, you won’t be charged for our services. You won’t need to pay any up-front costs, instead, if your case is successful the payment will simply be deducted from the compensation that you receive.

How much compensation can you get for housing disrepair?

The compensation awarded for housing disrepair claims varies from case to case. Compensation is calculated based on several factors including:

  • How much your rent costs
  • The severity of the disrepair
  • How long the issues have persisted for since you informed your landlord

 

In some cases, if your property is completely uninhabitable, you could be awarded 100% of the cost of your rent for the duration of time that the issue has persisted, however, this is unusual. Generally, you can expect to receive between 25% to 50% of your rent in compensation.