What makes a home? Is it the building? The neighbourhood? The people that live within it? Of course, the answer is all of these and more. We all like to feel comfortable and safe at home, but what happens when this comfort and safety is threatened by housing disrepair?
If you are renting a property, the landlord has specific obligations that they must legally meet. If they fail to do so, and it causes the tenant distress, discomfort, or even ill health, then a reason will exist to make a claim for housing disrepair compensation. However, in reality, the situation is rather more complex, and legal advice and guidance is a must in making such a claim against your landlord.
Within this guide, we give all of the information and advice you need to begin making such a claim. If you would rather skip over this guide and simply begin your claim, then call Accident Claims UK now on 0800 073 8801.
Select a Section:
- A guide to what housing disrepair is
- What responsibilities does my landlord have?
- What maintenance responsibilities do I have as a tenant?
- What steps should I take if my landlord is not repairing my property?
- What issues of housing disrepair can I claim compensation for
- Can I claim if damp has led to me suffering asthma or allergies?
- If I make a claim, can my landlord take action against me?
- Housing disrepair compensation calculator
- No win no fee claims for housing disrepair
- Why make your claim with Accident Claims UK
- Talk to us today
- Useful links
A Guide To What Housing Disrepair Is
Do you believe that you have a valid reason to make a housing disrepair legal claim? Have you already tried speaking to social housing solicitors to no avail? Has your landlord repeatedly failed to keep your rental property in good condition? If you answered yes to any of these questions, then this guide is for you. Within it, you will find information and advice that will help you make a claim for housing disrepair. It contains information such as:
- Details of the legal obligations and responsibilities of all landlords in the UK. This is the law that we often use as leverage to make a successful compensation claim.
- Details of the responsibility of tenants, with regard to what they are expected to maintain, and how they are legally required to care for a rental property.
- A step by step description of the things you should do to give you the best chance of making a successful compensation claim for housing
- Information on the types of issues that could be a viable reason for making a compensation claim for housing disrepair.
- An examination of your legal rights if housing disrepair has lead to health problems such as allergies and asthma.
- A brief look at how it is difficult to make a quick estimate of the amount of compensation a person might claim for housing disrepair, including a table with typical claim amounts.
- An introduction to the No Win No Fee housing disrepair claims service that Accident Claims UK offers to all residents of the UK. As well as the reasons why we believe that using this service is the best option for claiming housing disrepair compensation.
Using the kind of information that this guide contains, should educate you sufficiently on the reasons to make a housing disrepair claim, and also the process for doing so.
If you have any questions about the contents of this guide, or require more information, then please do contact us at the number to be found at this bottom of this page, and we will do our very best to assist you and answer any queries you may have about our No Win No Fee national housing disrepair claims service.
What Responsibilities Does My Landlord Have?
Every landlord who rents out a residential property in the UK has very strict responsibilities with regards to what they must maintain, and how well. If the landlord fails to fulfil their responsibilities, you will have a reason to claim housing disrepair damages. The things your landlord is obligated to repair are:
- Any damage or wear and tear to the external walls of the property, as well as the roof and windows, and all other external fittings.
- All drains, and all sanitary appliances such as sinks, baths, toilets, as well as all plumbing for the freshwater supply that are not the responsibility of the local water board.
- If your rental property is provided with central heating, then the landlord is responsible for its maintenance and repair, as well as the hot water heating system.
- If your rental property was provided with gas appliances such as heaters or a gas cooker/oven, then the landlord is responsible for maintenance and repair of them.
- If your rental property has an open fireplace, the landlord is responsible for maintaining the chimney itself, and all flues, pipes and other parts of the ventilation system.
- All electrical wiring within the property is the responsibility of the landlord to maintain.
- If your home has communal areas, such as a stairway in a block of flats, or a shared entranceway, then your landlord is responsible for the upkeep of these areas.
Your landlord must keep these things in good repair and should shoulder the entire cost of repairs and maintenance themselves, and not ask you to contribute in any way towards the cost. You will need to pay for minor repairs, such as the cost of changing light bulbs, but it is illegal for your landlord to try and get you to pay, even partially, for repairs which are clearly defined by law to be the landlord’s sole responsibility.
If you are not sure whether a specific part of your home is the responsibility of your landlord to repair, call Accident Claims UK at the number at the bottom of this page and we will be able to advise you.
What Maintenance Responsibilities Do I Have as a Tenant?
If we examine housing disrepair case law, we find that every tenant has a set of legal obligations towards their rented property, in a similar fashion to the landlord. It is important to note though, that a rental agreement might contain clauses which supersede these obligations. Certain renters have their own agreements, such as the housing association compensation policy that tenants would need to sign before they moved into a property. However, when no other agreement is in place, the law says that the tenant must:
- Perform minor maintenance tasks on the property, such as changing any lightbulbs which expire, or any fuses that blow.
- Keeping the property, and also the garden if there is one, in a clean and presentable state.
- To avoid damage to the property at all times, and also ensure that any visitors do not damage the property.
- Make responsible use of all the fixtures and fittings of the property. For example, if you put the wrong kind of garbage into a waste disposal unit and damaging it.
If you believe that your landlord is making you perform repairs and maintenance on your property that you are not obligated to do, then contact Accident Claims UK on the number at the bottom of this page, and we will give some free legal advice on who’s responsibility the specific maintenance is.
What Steps Should I Take If My Landlord Is Not Repairing My Property?
As can be seen from the graph below, there are many rental properties that are in a state of disrepair. This means that compensation claims for housing disrepair are fairly common, and there is a proven process for making them in the most effective manner.
Before diving in and making a housing disrepair compensation claim against your landlord, it is advisable to give your landlord a chance to make the required repairs. It could be that there are real extenuating circumstances that are preventing the repair being done. A good approach would be to take the steps below:
- Inform your landlord verbally of the required repairs or maintenance and give them a week to two to arrange things.
- If the verbal request has not worked, follow up with a written request for the repairs to be made, and also ask for a date that the repairs will be completed by.
- If the repairs are urgent, and the fact they have not been carried out is either dangerous or cause a health hazard, you can contact your local council, who have legal leverage over your landlord and can request he has the work carried out.
- If nothing else has worked, and you have given your landlord sufficient time to have carried out the repairs or maintenance, then contact Accident Claims UK on the number at the bottom of this page, and we can begin to make a housing disrepair claim on your behalf.
What Issues of Housing Disrepair Can I Claim Compensation For
If you have no other choice but taking court action because of disrepair, you need to be aware of the actual items you can claim compensation for. Typically, the types of items detailed below can be claimed for in a housing disrepair compensation case:
- Personal items – if your landlord’s failure to carry out maintenance or repairs in a timely manner has directly caused damage or destruction of your personal items, you will be able to claim these back. For example, if your TV is damaged by an electrical fault in the building which the landlord has had plenty of time to repair, it can be claimed for.
- Furnishings and fittings – if your furniture or other fittings such as lamps, paintings and other decorative items are damaged due to your landlords continued failure to perform critical maintenance, you will be able to claim for the damage. For example, if a leaking water pipe has gone without repair for some time, and it damages a valuable painting, this can be claimed for.
- Clothing and other items – once again, if your landlord has had plenty of time to carry out the required maintenance, and the lack of repair leads to your clothes and other items such as bedding being damaged, then these can be claimed for.
If you are unsure whether you can claim housing disrepair compensation for a specific item, give Accident Claims UK a call, and we will offer you some free legal advice on whether the item is claimable or not.
Can I Claim If Damp Has Led to Me Suffering Asthma or Allergies?
Claiming compensation for asthma, allergies or any other medical condition which has been caused or made worse due to damp in your home, can be claimed as housing disrepair compensation in some cases.
The type and cause of the damp are the driving factors here. The Environmental Health Department at your local council will be able to help you decide whether the specific case of damp is cause for a claim.
The council will likely ask you to send them a report, and possibly also photographs. When you do send this information to them, make sure you keep copies of everything, so that it can be used as evidence if you do indeed make a housing disrepair claim.
If you are confused over the whole issue of damp and making a claim, you can call us here at Accident Claims UK and we can talk you through the process of discerning whether your situation is due cause to make a claim. Contact us at the number at the bottom of this page.
If I Make A Claim, Can My Landlord Take Action Against Me?
When you moved into your rented property, you will have signed a tenancy agreement. As long as your actions have done nothing to break this agreement, your landlord cannot legally do anything in retaliation to your housing disrepair claim.
If your tenancy agreement was signed after the 1st of October 2015, it is illegal for your landlord to try to evict you in a retaliatory action for a disrepair change. However, if you decide to withhold rent payments to force the landlord to make repairs, then they could evict you for non-payment and we do not advise you try this tactic. Similarly, the landlord cannot retaliate by raising your rent, there are legal limits on how and why a landlord may raise the rent.
This is obviously a legal minefield, and many landlords are unaware of their legal obligations with regard to acting negatively towards tenants who make a claim for housing disrepair. If you feel your landlord is victimising you, contact Accident Claims UK on the number at the bottom of this page, so we can help you.
Housing Disrepair Compensation Calculator
You could use an online housing disrepair calculator to try and get some general idea of how much compensation you might be able to claim. However, these types of claims are all different, and the complexity of the claim makes it very hard to give ballpark figures for the amount of compensation you will receive. There are also other considerations such as the housing disrepair small claims limit, which will affect the overall amount you can claim.
The only way to get a sensible estimate of the amount of damages you can claim for a specific case of housing disrepair is to speak to a legal team and get their evaluation. Accident Claims UK can give you this kind of damages evaluation if you call us at the number that can be found at the bottom of this page.
No Win No Fee Claims for Housing Disrepair
Has your home become uncomfortable, unsafe or unhealthy due to your landlord not carrying out critical repairs and maintenance? Have you tried to get your landlord to take action, with no results? Then it could be time for you to make a housing disrepair compensation claim.
Accident Claims UK offers our No Win No Fee house repair compensation claims service as the best way to make such a claim. When working with housing disrepair solicitors No Win No Fee means that there is no charge at all to start your claim and that we don’t levy any fees while we are pursuing your claim, regardless of how long the claims process takes. And in the unlikely event that we actually fail to win your claim for you, then we won’t ask you to pay anything at all. The only time we will ever ask you to pay legal fees, is when we actually win you a housing disrepute compensation payment.
This means that the Accident Claims UK housing disrepair claims services is an entirely financially risk-free way to make a compensation claim against your landlord for housing disrepair. You really do have nothing to lose by letting us make a claim on your behalf.
Why Make Your Claim With Accident Claims UK
Accident Claims UK has over 30-years of experience in claiming compensation for our clients, across a very wide range of claims cases, including housing disrepair. We operate simple end-to-end claims process, that you will have no trouble following and understanding. Everything we do, we explain to you in simple English instead of confusing you with legal talk as some unscrupulous legal firms tend to do. We will always do everything to maximise your chances of winning your claim, and also receive the most compensation possible.
We have legal teams covering the whole of the UK. This means that if you would rather speak to one of our local representatives, rather than discuss your case on the telephone, we can set up a home visit for you.
Talk to Us Today
Are you ready to make a claim for housing disrepair? Do you believe that your landlord has left you no other route in getting critical repairs and maintenance carried out on your rented property? If so, you should call us here at Accident Claim UK on 0800 073 8801 today. We will spend a little time asking you questions about your claim, and the circumstances leading up to it. Once we know enough about your claim, we will offer you some legal advice on what we believe you should do next. In most cases, this advice will be to take advantage of our main service offering, a No Win No Fee hosing disrepair claims service. This is a simple, effective and entirely risk-free way to make a housing disrepair claim against your landlord.
At the link below, you will find information that has been published by the UK Government which explains the legal obligations of landlords with regard to housing disrepair:
At the link below, you will find information published by Shelter, the UK non-profit organization, that offers advice and information on how to make a complaint to the Environmental Health Department of your local council, if your landlord has failed to repair unhealthy aspects of your rented accommodation:
At the link below, you will find information published by the UK Government and the Office for National Statistics which contains information about the number of homes in the UK that are in disrepair, segmented by usage, such as rental.