Home sweet home? Or not so sweet? If you’re a council or housing association tenant with disrepair issues that have caused you harm, your home may be a dangerous or depressing place to be. This guide explains housing disrepair claims for compensation against your landlord or housing association and provides you with all the information needed on how to claim.
We start by explaining what is meant by the term ‘housing disrepair’ and the legal requirements that landlords owe you as a tenant. Common disrepair issues are explored, and we explain who is eligible to begin a claim. Compensation is explained, and we examine how it is calculated and what it typically covers. Also, you’ll find practical information about what evidence can help lay the foundation of a claim.
Our final section looks at working with our solicitors on your housing disrepair claim. They offer an array of excellent services to clients they represent, including working through a type of No Win No Fee agreement. This could help you access expert legal representation without needing to find money for solicitors’ fees.
Read on to learn more about the housing disrepair claims process, or speak to our advisors now. They can offer an immediate assessment of your case and answer any questions you are keen to discuss:
- Ring us on 0800 073 8801
- Ask advisors a question through the discussion box below.
- Contact us online to start a claim.
Frequently Asked Questions
- What Is Meant By Housing Disrepair?
- What Are The Legal Requirements For Landlords?
- The Common Issues In Housing Disrepair Claims
- Am I Eligible To Claim Housing Disrepair Compensation?
- How Much Disrepair Compensation Could I Get For My Claim?
- How Do I Start My Housing Disrepair Claim?
- Will I Have To Take My Landlord To Court?
- Find The Right Housing Disrepair Solicitors
- Frequently Asked Questions
- More Information
What Is Meant By Housing Disrepair?
‘Housing disrepair’ is a term used to describe a property that needs repair in order to make it suitable and safe for a tenant to live in. A broad term, it can cover both minor and serious issues like:
- Broken windows and missing roof tiles.
- Damp and mould problems.
- Rodent or insect infestations.
- Faulty heating, hot water, electricity or gas supplies.
- Plumbing problems or blocked drains.
- Faulty taps, basins and baths.
- Broken locks and lack of security.
- Failed window glazing or rotten doors and window frames.
- Serious structural issues like subsidence, exposed brickwork or damaged guttering and pipes.
Housing disrepair can worsen if not addressed and can have a direct impact on the tenant’s health and well-being. If you have an issue in your home and are unsure whether it is classified as housing disrepair, speak to our advisors for free help.
What Are The Legal Requirements For Landlords?
All council housing, housing associations or private tenants have the right to live somewhere that is safe and suitable. Under Section 11 of the Landlord and Tenant Act 1985, landlords are obliged to:
- Carry out repairs and maintain the external structure of the property (including drains and gutters).
- Ensure the reliable operation of services such as the gas supply, water (hot and cold), electricity and sanitation.
- Maintain sanitary ware, such as toilets, basins, and bathtubs.
If you feel your disrepair falls under the remit of the landlord or housing association, and their failure to act caused you to become ill, get in touch to discuss housing disrepair claims for compensation.
The Common Issues In Housing Disrepair Claims
With this framework of legislation in mind, we now look at some common housing disrepair issues and give an example of the injury they might cause to the tenant:
- Missing roof tiles allowed rainwater to ingress into a tenant’s flat. This caused dampness and created mould spores, which the tenant breathed in and developed asthma.
- The boilers in an apartment block were not serviced, leaving tenants without hot water for several days during the winter. This caused an elderly resident to contract pneumonia.
- The external drains in a tenement building were blocked, and the landlord failed to address the problem for several weeks. This increased the risk of airborne diseases, bacteria and parasites.
- A disabled tenant was not able to use the bathtub in their flat and slipped while trying to bathe. They cut their hand on broken glass in their bathroom.
- A previously reported rodent infestation was not addressed. Cockroaches and rats were found in the proximity of an infant, which caused them to suffer an infection and skin rash.
Many other scenarios could form the basis of housing disrepair claims. If you’d like to discuss yours, please speak with our advisors using the options above. They could connect you with our expert solicitors to set out a claim.
Am I Eligible To Claim Housing Disrepair Compensation?
You could be eligible to claim compensation for housing disrepair if the issue caused you to be injured or become unwell. Personal injury claims like this must show that the harm was a result of your landlord failing to take sufficient steps to remedy the disrepair issue and was in breach of Section 4 of the Defective Premises Act 1972. For an eligible claim to start, the following criteria must be met:
- The landlord must have been previously aware of the issue of disrepair.
- The landlord failed to carry out the required repair within a reasonable timeframe.
- This caused you to suffer injury or illness.
Additionally, if the repair necessitated relocating to a new social home or other facility, the criteria may apply, and a claim could be made against the previous landlord.
Can I Claim Against A Private Landlord?
You may also qualify to claim compensation for housing disrepair against a private landlord. Under the Homes (Fitness for Human Habitation) Act 2018, tenants in private property have the same rights as council or housing association residents.
A claim must meet the same three criteria we looked at above. If you’d like to discuss eligibility with our advisors, please get in touch. They can also assist with any other questions you may have about housing disrepair claims.
How Much Compensation Could I Get For My Claim?
How much compensation a tenant could receive in a successful housing claim for personal injury will vary between cases. That’s because if you are making a personal injury claim for housing disrepair under the Defective Premises Act, your claim will have different factors going into it than another tenant’s.
If substandard living conditions have caused you injury or illness and your claim is successful, the compensation you receive can be made up of two areas called general and special damages. General damages cover the physical and psychological harm, and special damages cover the financial losses you’ve experienced because of the disrepair.
The table below is made up of examples from the Judicial College Guideline (JCG). This document provides guidelines for compensating a wide range of injuries based on their severity. They are drawn from past cases in England and Wales but are only used as a very approximate guide. Actual compensation amounts will always vary. Also, our first figure is not from the Judicial College Guidelines:
Compensation Guidelines
| AREA OF HARM | SEVERITY | COMPENSATION GUIDELINES | DEFINITIONS |
|---|---|---|---|
| Examples of more than one severe injury/harm and Special Damages payment. | Severe | Up to £100,000 plus | Awards of this size would indicate severe, multiple injuries or harm and special damages for the impact on livelihood, medical needs and provision of care. |
| Asthma | (a) Severe and permanently disabling | £52,550 increasing to £80,240 | Cases that cause prolonged coughing fits, disturbs sleep and severely impairs quality of life and physical activity. |
| (b) Chronic | £32,090 increasing to £52,490 | Where breathing difficulties are created and inhaler use is required periodically. | |
| (c) Asthma/Bronchitis | £23,430 increasing to £32,090 | Where bronchitis and wheezing impact work or social life, but possibility of substantial recovery exists after a few years post-exposure to the cause. | |
| (d) Relatively mild | £12,990 increasing to £23,430 | Mild examples, often typical of those caused by exposure to a harmful vapour. | |
| (e) Mild asthma | Up to £6,280 | Cases of mild asthma, bronchitis, cold or chest infection that results from exposure to unfit homes and resolves in 6 months. | |
| Psychiatric Harm | (b) Moderately Severe | £23,270 increasing £66,920 | Significant problems caused to the person's ability to deal with normal life and relationships. |
| Dermatitis and other skin conditions | (a) Both hands | £16,770 increasing to £23,430 | Soreness and cracking on both hands that impacts work and home life and lasts for some years. |
| (b) Significant dermatitis on one or both hands | £10,550 increasing to £13,930 | A significant duration of injury which does settle after treatment and may only require use of gloves for certain activities. | |
| (c) Irritation on one or both hands | £2,080 increasing to £4,820 | Irritation and itching on one or both hands that after treatment, resolves within a few months. |
How Is Compensation Calculated?
Alongside the physical and psychological injuries themselves, other factors can influence the calculation of compensation. For example:
- The severity of the injury or illness.
- The predicted recovery and future needs.
- Whether you require temporary accommodation or re-housing.
- Whether you suffered a permanent injury.
- The financial harm caused to you (which we look at in detail next).
Can I Claim For Special Damages?
Special damages are the head of loss that takes financial harm into account. To include this in housing disrepair claims, the person will need to present documented evidence that clearly shows the expense or loss created by the injury. For example:
- Proof from your employer that illness or injury caused you to miss work and suffer a loss in earnings.
- Proof of private medical treatment that you needed to pay for.
- Receipts and tickets for related travel costs.
- Estimates and invoices for repairs and changes you made in your home, both before and after any injury.
- Electricity costs for running dehumidifiers to treat dampness.
- Proof of prescription charges for medications or the cost of an asthma inhaler or nebuliser.
- Evidence of payment to others for domestic care.
Our solicitors are experts at helping people gather evidence. They can use it to calculate a more detailed compensation amount. If you’d like to see if they could help you, start by talking to our advisors about housing disrepair claims for personal injury today.
How Do I Start My Housing Disrepair Claim?
When beginning a housing disrepair claim, there is a time limit to be aware of. The Limitation Act 1980 allows a period of 3 years in which to start personal injury claims or 6 years for claims of housing disrepair without injury (known as breach of contract).
A claim can start from the date of the original injury. Alternatively, it can begin from the date when it was assumed that the illness or injury was caused by a failure to repair the problem. For example, the date when asthma first presented itself after mould spores were left untreated.
It is worth noting that some parties will not be able to begin the claims process themselves. This includes children under the age of 18 and those without the mental capacity required to manage a claim. In these cases, the time limits will be suspended until the child turns 18 or the person recovers their mental capacity. However, a litigation friend could be appointed to act on behalf of either party while the time limit is frozen. Speak to an advisor to find out more.
With this in mind, it’s also important to start assembling medical evidence of the harm caused to you. You can also consider working alongside a solicitor at this point. We can help with this if you get in touch.
What Evidence Do I Need To Support My Claim
The best way to start your housing disrepair claim is to collect evidence of both the disrepair issue and how it has impacted your health (if claiming for personal injury as well). With this in mind, the following can help:
- Photos of the disrepair.
- Photos of any visible injuries you’ve suffered.
- A diary of important dates, site visits and any partial repairs carried out. Also, a record of your physical and psychological health.
- Duplicates of your medical records detailing the illness or injury and any reports from counsellors about mental health injuries.
- Copies of correspondence with your landlord, housing association or council about the disrepair issue.
- Any on-site CCTV footage of the external area that shows the problem.
- Contact points for witnesses who can substantiate your disrepair claim (a neighbour with the same problem, for instance).
Solid evidence can help your argument that the landlord is liable. If you’d like help understanding what evidence you could use in your claim, get in touch. We can also offer useful information about any aspect of housing disrepair claims.
Will I Have To Take My Landlord To Court?
In the majority of cases, it is not necessary to take a claim for housing disrepair all the way to court. With a skilled personal injury solicitor by your side, a settlement can often be negotiated between you and your landlord and settled out of court.
This process may involve the landlord making compensation offers. If you appoint one, your solicitor can give expert advice on when to accept the offer or seek more. If an amount cannot be agreed upon, the case may have to be taken to court.
To see if you can benefit from excellent legal representation in or out of court, speak to our team first.
Find The Right Housing Disrepair Solicitors
When looking for the right housing disrepair solicitors to handle your personal injury claim, we can help. Our solicitors are experts in this field and have helped clients secure over £80 million in compensation. They offer a wealth of advantages to the clients they represent:
- They’ll fully assess your case and determine whether you have a strong claim based on your injury.
- They will help you to gather supporting evidence, like medical reports.
- Our solicitors can negotiate with the other party (or their insurance company) to strive for the best possible settlement for you.
- If a settlement can’t be reached, they will represent you in court (if needed), prepare your case fully and comply with all court proceedings for you.
- They’ll explain your legal rights in easy-to-understand ways, as well as explain the claims process and potential outcomes.
- Our solicitors can offer expert advice on the funding options that might help you make your claim, such as No Win No Fee agreements and legal expenses insurance.
- In addition to this, they can support you in your rehabilitation by helping you access private care not readily available through the NHS.
- Additionally, they will explain how your compensation is calculated and what it covers.
All these services can be offered through a Conditional Fee Agreement (CFA). This requires no upfront solicitor’s fees or any payment for their work as the claim progresses. If the claim fails, no solicitor’s fees apply for completed work.
A success fee will only need to be paid to the solicitors if the claim is successful. This is a percentage of the compensation that has a legal limit applied to it. This guarantees that the person seeking compensation can expect to receive virtually all of their payout.
Contact Accident Claims
If you’re interested in seeing whether our solicitors could handle your claim this way, get in touch:
- Ring us on 0800 073 8801
- Ask advisors a question through the discussion box below
- Contact us online to start a claim.
Frequently Asked Questions
Who Would Pay For My Compensation
If the claim succeeds, the compensation is paid by the insurer of the housing association, the local authority or the private landlord. They are required by law to have insurance policies in place to cover the properties they let out.
If I Claim, Can I Be Evicted?
A landlord cannot legally evict you for starting a personal injury claim for housing disrepair. If they do, you could have grounds for a different challenge against your landlord for retaliatory action like this.
Should I Stop Paying Rent Whilst I Claim?
No. It is never advisable to withhold rent payment as this would put you in breach of your tenancy agreement and potentially compromise your claim for disrepair.
More Information
The focus of this guide was housing disrepair claims, and the following links offer more information on related topics:
- You can read about claims for compensation against a landlord in more detail here.
- Here is general guidance on personal injury compensation claims.
- Also, claims after contact with hazardous materials are looked at here.
External information to help:
- Read information about the fitness of homes from GOV.UK.
- Use this NHS guide for help for your symptoms.
- Also, information on how to get a repair in a council property.
We appreciate you taking the time to read our guide on housing disrepair claims. Our advisory team is standing by to assist you with any questions or concerns you may have about legal costs and the compensation claim process.
