Can I Claim For Housing Disrepair?
As a tenant, you have a legal right to live in a home that is safe and free from any issues of disrepair that could cause you or your family harm.
The landlord’s obligations are set out under several pieces of legislation, namely, the Landlord and Tenant Act (LTA) 1985. Section 11 of the Landlord and Tenant Act (LTA) 1985 states a landlord should:
keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes)
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keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation
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keep in repair and proper working order the installations in the dwelling-house for space heating and heating water
Disrepair includes circumstances where your landlord has failed to maintain the structure and exterior of the property. It also includes anything that affects the supply of basic utilities. Examples of housing disrepair may include:
Unstable building
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Cracking
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Subsidence
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Leaks
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Damp/mould issues
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Poor ventilation
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Drainage and sanitation issues
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No hot water/heating
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Electrical hazards
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unsafe plug sockets and electrical appliances
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unusable toilets, basins and sinks
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Infestation
When making a claim against a landlord, it is important to remember that one of the main aims is to ensure that the home you are living in is repaired as soon as possible. If you are moving out of your property, or your landlord has fixed the problem, you can no longer make a housing disrepair claim.
If you are entitled to financial compensation, it will be because the problems you have experienced have not been resolved for some time and have resulted in you or members of your family suffering.
If the above describes your experience, you could be eligible to claim. Don't wait, if your landlord fixes the problem, or you hand your notice, then we can't help you get compensation.
Legal Experts
A legal expert will look at your situation and tell you if they think you have a case.
High Acceptance Rate
Making a claim is simple. With just a few details you can start the process.
No Win, No Fee
You are only charged after the claim has been won and you have your compensation!
01
Take Photo Evidence
Take photos or videos of the disrepair for evidence. It is important to take photos or videos showing the whole room so surveyors can asses the repair cost.
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Discuss Your Claim
Someone from the legal team will be in touch to discuss your case in detail and answer any questions you have.
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Simple Sign Up
We can send the documents to sign up for a claim by email or post. Simply sign the documents and you can start your claim.
About Housing Disrepair Claims
Landlords are accountable and make sure that their properties are secure, safe and not in disrepair. This is the case whether or not they're private, council/local authorities or housing associations. However, claims against landlords can be made when the landlords are not as responsible, which results in their tenants living in conditions that are dangerous.
The Homes (Fitness for Human Habitation) Act came into force in 2019 to ensure that rented homes are fit for human habitation. The Act has given greater power to tenants, allowing them to take action against negligent or irresponsible landlords.
According to the Government's English Housing Survey for 2021 to 2022, there are around 4.4 million privately rented houses and 4 million socially rented houses in England. Around 17% of rented households fail to satisfy the Decent Homes Standard. This is the standard for public housing set by the Government. In addition, nearly 8% of rented properties suffer from damp and mould growth. Recently the Housing Ombudsman has seen complaints against landlords rise 27% year on year.
If you feel you are living in conditions of disrepair and have already raised the issues with your landlord, you can take legal action by making a housing disrepair claim. This could win you compensation and force your landlord to fix the issues. To find out how much you can claim click here.
All claims are no win, no fee. Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to.
Complain To Your Landlord
Before claiming you must have given your landlord time to fix the issue. The earlier you tell your landlord, the earlier you can claim
Get Evidence
Take photographs or videos of the disrepair and keep them safe.
Make A Claim
If your landlord does not respond to your complaints, then we can help you make a housing disrepair claim
FAQs
Why Use TheClaimsGuide.com?
We have access to a pool of well-reviewed major solicitor firms all of whom have experience with this type of claim. So, we match you with the appropriate legal firm for your claim. We are also an FCA-regulated company, which ensures legitimacy and adds extra protection to you as a client.
What are housing disrepair claims?
Housing disrepair claims are legal actions taken by tenants or occupants of a property against their landlord due to the failure to make necessary repairs to the property. These claims are made when the tenant has reported the issues to the landlord and given them sufficient time to carry out repairs. If the landlord ignores these concerns then they have neglected their duty to maintain the property in a safe and habitable condition.
How much compensation can you get from a housing disrepair claim?
The amount of compensation you are eligible for depends on the severity of the disrepair, how long it has been present and the effect on you as an individual. Your claim may include compensation for damage to your belongings, personal injury as well as any inconvenience that you have been caused by the disrepair. The average compensation is in the £1000s.
When you make an enquiry, a claims professional will further explain how they can help and what you can claim for. Click here to find out how much you can claim.
Who can make a housing disrepair claim?
You can start a housing disrepair claim if you're a tenant and you've told your landlord about problems with your home. The landlord should be given time to fix the issues. If they don't make the required repairs, you can file a housing disrepair claim to get compensation and get the problems fixed.
The issues with your property can make a housing disrepair claim if your landlord is in violation of Section 11 of the Landlord and Tenant Act (LTA) 1985. This mainly includes damage to the property. Once you have started a claim, damage to personal belongings and health will be taken into consideration.
You can't make a disrepair claim if the problem is fixed, you no longer rent the property or you are in substantial arrears. You also can't start a claim if you have been served an eviction notice. For this reason, we recommend not telling your landlord that you are thinking of taking legal action.
When can I make a housing disrepair claim?
To start a housing disrepair claim three months need to have passed since the landlord was informed of the issues. This is a legal requirement to give the landlord time to react, so there is no way around this.
The time limitation period applicable to housing disrepair claims is 6 years from the date of breach of repair obligation. However, as disrepair is usually evolving and often gets worse, when this time period started is often a grey area and can be debated.
Do I have to go to court For A Housing Disrepair Claim?
Often it is not necessary to go to court. If an agreement can be made with the landlord then you may have a successful claim without going to court.
Can I Claim Against A Private Landlord
Most solicitors insist the landlord has to be a council or housing association. We have more than one solicitor that we can use. Sometimes this will include a law firm that helps with claims against private landlords. Please fill in our form to find out.
How long does a housing disrepair claim take?
Starting the process can take just a few days. Once we have your details and photo evidence, we can start your claim. The duration of claims depends on the landlord's response. The duration of claims typically takes around 3-9 months.
How much will I be charged for a housing disrepair claim?
You will not be charged for assessing your case. We operate on a No Win, No Fee basis. If your case loses, it won’t cost you anything. You only pay when your case is successful and the cost would be deducted from any compensation you receive. This is generally 25% of your total compensation. On top of this, all repairs are carried out by your landlord and we do not deduct anything from the cost of repairs.
Can I be evicted for making a housing disrepair claim?
No, you cannot be evicted solely for making a housing disrepair claim. The law provides protection to tenants against retaliatory eviction, which means that landlords are not allowed to evict tenants in response to them exercising their legal rights, including making a housing disrepair claim. You can only be evicted if there are other valid reasons, such as non-payment of rent, breach of the tenancy agreement, or other legitimate grounds for eviction.
How do I start a housing disrepair claim?
Simply complete our online application form by clicking on the button below. This is the first stage of your claim where you could receive compensation and get the repairs done. You will then need to send some photos of the disrepair to be reviewed by surveyors. Once this is approved you can sign up for a housing disrepair claim.