We have all seen the headlines of horrendous housing conditions that some landlords expect people to live in. With some tenants experiencing severe illnesses, or sadly even death as a result of this.
Luckily, not all cases are this severe, although it is astonishing that they even happen at all.
Low quality housing is an injustice that nobody should be forced to suffer. And yet it is commonplace for millions of tenants across Britain today.
As well as a moral duty, landlords have a legal obligation to ensure the homes that they provide are fit for human habitation. The foundation for a housing disrepair claim is that the landlord has failed in their duty and repair obligation by not undertaking the required repair work within a reasonable time frame.
What defects or disrepair can I claim for?
A rented home should be fit to live in. This is usually stated in any tenancy agreement with a section describing the landlord’s duties.
Whilst disrepair can vary from mild to severe, special attention should be considered with issued that could present a health hazard.
Common examples of disrepair include:
- Leaks and the lasting damage cause by them
- Hot water and heating problems
- Damp, mould, or fungus on walls/ceiling
- Uneven or loose flooring
- Broken or rotting doors and door frames / handles
- Broken or rotting windows and window frames / handles
Can I claim compensation, if so how much?
The primary purpose of a housing disrepair claim is to get any defects fixed and making the home suitable for the tenant to reside in.
In addition to this, compensation is usually also sought.
The amount of compensation is usually based on the amount of rent that is paid and how long the tenant lived in the property with the disrepair.
The compensation awarded is usually between 25% to 50% of the rent. But it could be up to 100% in cases with extremely severe disrepair.
Special damages can also be claimed for personal property that has been damaged or destroyed as a result of disrepair. This can include clothing and furniture.
If you have been injured or suffered poor health as a direct result of your housing conditions, you could also potentially make a claim for personal injury.
My landlord is a Housing Association or Council, would this affect my claim?
Councils and Housing Associations have exactly the same obligations and responsibilities as private landlords.
Even if your rent is paid through housing benefits, you are still able to make a claim.
What does it cost to make a claim and do I have to pay anything up front?
Almost all housing disrepair claims can be run on a no win – no fee basis.
Meaning that should the claim not be successful, you would not be required to pay anything. There is a success fee of 25% of any compensation that is awarded, and this is only deducted at the end of the claim, and only if the claim is successful.
This can be fundamental in allowing tenants to achieve justice, as it provides access to legal advice and representation with no upfront cost. This is invaluable for low-income households that might not have the means to instruct a Solicitor privately.
If you would likely to find out if you have a housing disrepair claim or if you want to know more, please contact me for a no-obligation, confidential conversation.
0151 306 3694 Email Joe
Joe Iveson
Trainee Solicitor
About the author
Joe Iveson is a Trainee Solicitor in our Housing Disrepair department.
Before beginning his training contract, he worked as a Paralegal working on a varied caseload of civil litigation claims.