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.
According to the Government's English Housing Survey for 2020 to 2021, there are around 4.4 million privately rented houses and 4 million socially rented houses in England. 11% of social housing dwellings and 23% of private rented dwellings fail to satisfy the Decent Homes Standard. This is the standard for public housing set by the Government. In addition, 5% of social housing dwellings and 10% of private rented dwellings suffer from damp and mould growth.
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.
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.
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.
A legal expert will look at your situation and tell you if they think you have a case.
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!
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, which applies to tenancies entered into after 1961. 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)
keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation
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:
Drainage and sanitation issues
No hot water/heating
unsafe plug sockets and electrical appliances
unusable toilets, basins and sinks
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.
Free Expert Advice
It doesn't cost you anything to have your case looked at by legal professionals
Free Home Survey To Assess Damage
A surveyor will come round to look at the damage and collect evidence.
Compensation to be Transferred
After a claim is successful, the compensation is transferred straight to you.
How much can I claim for housing disrepair?
All disrepair claims by tenants are unique. 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 over £1,200, but can be much higher.
When you make an enquiry, a claims professional will further explain how they can help and what you can claim for.
Who can make a housing disrepair claim
You can make a housing disrepair claim if your landlord is in violation of Section 11 of the Landlord and Tenant Act (LTA) 1985. You can't make a disrepair claim if the problem is fixed or you no longer rent the property.
Do I have to go to court?
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
Yes. Most solicitors insist the landlord has to be a council or housing association. However, we have a pool of solicitors to choose from and so we can pick an appropriate legal team for your situation. This includes if you have a private landlord.
How long does a housing disrepair claim take?
Starting the process takes less than 5 minutes. Once we have your details we can start your claim. The duration of claims depends on the complexity. The duration of claims typically takes around 9-12 months. More complicated cases take around 12-18 months.
How much will I be charged?
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.
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. You will then be contacted by claims professionals.