Housing Disrepair Claims
At Phoenix Legal Solicitors, we specialise in helping tenants hold landlords accountable for maintaining safe and habitable living conditions. If you’re facing issues such as damp, mould, leaks, or other structural defects in your rented property, you may have the right to claim compensation.
Below, we answer common questions to guide you through making a housing disrepair claim.
What do I need to start a Housing Disrepair claim?
To start a housing disrepair claim, you must have “actionable disrepair”—meaning the disrepair must be significant enough to warrant action.
You need to have reported the issue to your landlord, giving them a reasonable timeframe to carry out the necessary repairs. If the landlord fails to address the problem within that time, you may have grounds to bring a claim.
What is actionable disrepair?
Actionable disrepair is defined under Section 11 of the Landlord and Tenant Act 1985. It requires landlords to maintain the structure and exterior of the property in good repair. This includes keeping installations for:
- gas,
- electricity,
- water,
- sanitation,
- heating, and
- hot water
in proper working order.
Common examples of disrepair that may lead to a claim include issues such as damp, mould, leaks, and water ingress.
How can I prove that my landlord was aware of the ‘actionable defects’?
Examples of evidence we frequently use include emails and screenshots of text or WhatsApp messages. It’s always advisable to report disrepair in writing to create a clear paper trail.
If reporting by phone, be sure to record the date, time, and frequency of calls. A screenshot of your call log can serve as useful evidence.
Can I claim compensation, and if so, how much?
The primary purpose of a housing disrepair claim is to ensure that any defects in your home are repaired, making it suitable for you to live in. This is typically achieved through an application for specific performance, requiring the landlord to carry out the necessary repairs.
In addition to this, compensation is often sought. The amount of compensation is generally based on the rent paid and the length of time you lived in the property with the disrepair. Compensation is usually between 25% to 50% of the rent, but in cases of severe disrepair, it can be as much as 100%.
You can also claim special damages for personal property that has been damaged or destroyed due to the disrepair, such as clothing or furniture.
If you have suffered injury or poor health as a direct result of the housing conditions, you may also be able to make a personal injury claim.
My landlord is a Housing Association or Council. Will this affect my claim?
Councils and Housing Associations have the same obligations and responsibilities as private landlords. Even if your rent is paid through housing benefits, you are still entitled to make a claim.
What does it cost to make a claim, and do I have to pay anything upfront?
Almost all housing disrepair claims can be handled on a no-win, no-fee basis. This means that if the claim is unsuccessful, you won’t be required to pay anything. There is a success fee, capped at 25% of any compensation awarded, which is only deducted at the end of the claim, and only if the claim is successful.
This structure is fundamental in helping tenants seek justice, as it provides access to legal advice and representation without any upfront costs. This can be especially valuable for low-income households that may not have the means to privately instruct a solicitor.
Is there anything I can do to support my claim?
Landlords often try to defend claims by attributing the disrepair to the tenant’s lifestyle, particularly in cases involving damp and mould. To support your claim and avoid contributory negligence, it’s helpful to ensure that washing is not dried indoors or if it is, that windows are opened to allow airflow. Regularly ventilating your home can also strengthen your case.
Not sure if you have a claim?
If you would like to find out if you have a housing disrepair claim or if you’d like to know more, please contact us for a no-obligation, confidential conversation.
Call our friendly team on 0151 306 3694 or email our disrepair expert Joe directly at ji@phoenixlegalsolicitors.co.uk.