Housing Disrepair Claims and Compensation: What you should know

Tenants who find themselves living in homes that require significant repairs may feel powerless to change their situation. When you’ve requested time and time again that your landlord addresses the issue, but are faced with either platitudes or radio silence, it can be tricky to know how to proceed.

If your rented home is in a state of disrepair, we’ve asked our team of housing and property law experts for advice on what you can do next. Read on to find out what steps you can take to improve your situation, and how much compensation you may be entitled to from your landlord.

What is housing disrepair?

Housing disrepair is a term used to describe a property which has one, or more, issues that make it unsuitable or unsafe for a tenant to live in. In the rental sector, all houses which are let out as properties must meet the minimum guidelines and requirements, before they can be legally let out. If these housing requirements aren’t met, civil and even legal action may be taken against the landlord.

Housing disrepair can cover a wide range of problems, which would render a house unsuitable for rental. This could include a lack of heating or hot water, structural damage, faulty electrical wiring, and a number of other things.

Types of Housing Disrepair

While there are a wide range of problems that a property may have that would constitute a state of housing disrepair, here are some of the most common kinds of complaints that we hear about from tenants. Whilst some of these are certainly more serious than others, any one of these issues can render a property unsuitable to let, depending on the severity.

1. Large areas of damp, or mould in the property
2. Leaks from windows, doors, or roofing
3. Plumbing or sanitation issues
4. Faulty wiring, or lack of electricity in the property
5. Lack of heating or hot water supply
6. Broken windows or doors
7. Missing or unsuitable flooring
8. Pest infestation
9. Broken fixtures and fittings, posing a hazard to tenants
10. Harmful building materials, like asbestos or exposed insulation
11. Poor ventilation
12. Poor maintenance, rendering a property unsafe for children or animals

As you can see, there are a number of issues which can cause tenants to seek outside help, if the landlord is unwilling or unable to make the necessary repairs to their property. Sadly, many of the tenants we speak to find themselves experiencing not one, but several of the above issues in a single property. 

Severe housing disrepair can even lead to the house being classes as unfit for human habitation. To find out more about these seriously neglected properties, and what your rights are if you have been living in one, feel free to read our related article: How bad do conditions have to be to make a property unfit for human habitation?

Housing Disrepair Compensation: What you can claim for

In the UK, the law in clear that tenants should not be subjected to dangerous or unsuitable living conditions, whilst landlords or councils continue to profit from their tenancy. Landlords have a responsibility to their tenants to car out repairs within a reasonable amount of time, but some unscrupulous individuals will try to evade their legal duty.

If you are a tenant or leaseholder and your landlord has failed to carry out repairs which they knew about to your home, you are likely to be able to ask the court to award you three things: an order compelling your landlord to complete the repairs, compensation, and your legal costs. There are a lot of different factors deciding how much compensation you will be awarded, and two identical cases before different judges could come out with different results. Your solicitor will be able to advise you as to what you are entitled to claim for. However, these are some of the most common expenses that tenants will bring claims against their landlords to have compensated.

Compensation for pain, suffering, and loss of amenity

You will be compensated for ‘pain, suffering and loss of amenity’ for the inconvenience and distress caused by having had to live in a property in disrepair, or possibly for having to leave your home as a result of the disrepair. This is calculated in relation to your rent if you are a tenant, or the market rent for your home if you were to let it out to an assured shorthold tenant if you are a leaseholder. You essentially will receive a percentage of your rent back for the period in which you have had to live with disrepair. It doesn’t matter if someone else pays your rent, such as the Housing Benefit department, this is just a way of calculating how much compensation you should get rather than actually getting some of your rent back.

The percentage that you receive will depend on how severe the disrepair, and therefore your loss, is. If your property is completely uninhabitable, but you have been living in it anyway, you will receive 100%. This is extremely rare. An award of 100% would be possible for a property with no heating or hot water, perhaps no water or electricity supply at all, extremely severe damp, and structural damage meaning it was dangerous. It is much more usual for judges to make awards around the 25% to 50% range. There is no hard and fast rule, it will be decided by comparing past cases to yours.

Example

Disrepair: plumbing leak into one room for 4 years continuously.

Rent: £600pcm

Value of rent for the whole period of the claim: £28,800

Compensation at 25%: £7200

Compensation for lost or damaged items

If your belongings have been damaged as a result of disrepair, for example water damaged by a leak, or you have been put to extra expense, for example having to pay higher heating bills due to draughty windows, you will also be compensated for this loss.

You will not usually be awarded the replacement value for an item, but a sum to reflect the fact that the expected lifetime of the item has been cut short. For example, if your five-year-old carpet which cost £1000 was ruined by a water leak, and could have otherwise been expected to last 15 years, you might receive around £650: you have lost around two thirds of the carpet’s expected life.

The amount you receive will also depend on the proof you are able to provide that you had and lost the items, for example receipts and photographs. If you don’t have proof, you may be awarded something, but usually less than if you did have proof.

Compensation for financial loss

If the housing disrepair has meant that you’ve had to pay out of pocket for expenses directly related to the issue, you may be able to claim this back as part of your settlement. For instance, if the heating in your property has not been working, meaning you’ve had to purchase space heaters and pay a higher electric bill to run them and keep the house at a habitable temperature. This money spent can form a part of your claim, especially if you have carefully documented what you have spent, as well as your attempts to get the landlord to fix the issue.

Making a Housing Disrepair Claim

If you’ve been reading this article, and think you may have a potential claim against your landlord for housing disrepair, it can be tricky to know where to begin. We’ve spoken to the experts from our dedicated Housing and Property Disputes team, and summarised their suggestions below.

Housing Disrepair Claims against Private Landlords

To bring a claim against your private landlord for housing disrepair, these are the initial steps you will need to take. 

• Gather your evidence. If you’re able to photograph the disrepair, do so and keep a record of every time you have brought this up to your landlord. Written communications such as emails and text messages are best, as these can be presented as evidence, and also have clear time stamps indicating the timeline of the issue.
• Reach out to your landlord. If you haven’t already, make a clear, written request to your landlord to address the damage. This gives them the opportunity to ensure their house is up to the standards required of rental properties. However, if you have already experienced a financial loss, or other hardship due to the disrepair, you can still go ahead with your claim, even if the landlord elects to take action. If this wasn’t done in a timely manner and you, and your family, have suffered as a result, you still have the right to make a claim for compensation.
• Research housing disrepair solicitors, and find one who is suitable. Locate and contact a solicitor who will be able to advise or support you in your claim. They should have relevant experience in housing and property disputes, and it’s also worth checking their reviews to make sure they are a firm that you can trust with your case.

At Anthony Gold, we are well-practiced in housing disrepair claims, and even have a no-win, no-fee service to help you achieve the justice and compensation that you deserve. Contact us to make an enquiry, and a member of your team will be in touch shortly to discuss your case. 

Housing Disrepair Claims against City Councils and Local Authorities

If your landlord is your city council or local authority, and they have failed to respond to your requests for repair, you can still take legal action which would require them to carry out the repairs, and/or compensate you for the hardship you have experienced. 

Local councils often face difficulties with the resources required to make repairs, meaning that waiting times for council tenants can be extremely long. However, as landlords, it is their legal responsibility to ensure the property is up to the required standard, and you are still entitled to make a claim if this duty is not upheld. 

If you rent from a council or housing association, you can also report the issue to the Housing Ombudsman, to request compensation. However, this may also take a long time, and a private solicitor may be able to deliver a faster result. 

Housing Disrepair Claims: FAQs

Can I claim compensation for damp and mould?

Yes, if you live in a rented property which suffers from areas of damp, or mould, you may be able to claim compensation from your landlord. Damp and mould in residential properties may seem like a small issue, but the fungal spores that the affected areas produce can be harmful, and even deadly to asthma sufferers, young children, and the elderly. It is not healthy for a person of any age to be living in a property with a chronic mould problem. 

If you have reported this to your landlord, and they have failed to take action to address the issue in a timely manner, you may be able to make a claim against them which legally obliges them to make the repairs. They may also be required to pay compensation for the effect the disrepair has had on you, or your family.

Can I claim compensation from my landlord if my house has no hot water?

To claim compensation from your landlord for a lack of hot water, you must first prove that the lack of heating or hot water is a result of their actions (for instance, if they have failed to provide you with a working boiler). You will also need to provide evidence that they have failed to address the issue within a reasonable amount of time, and that you have suffered, financially or otherwise, due to the lack of hot water or heating in your rented property.

How can I prove that my house is in disrepair?

The type of disrepair you are claiming for, and the evidence needed, may vary, depending on the nature of the issue within your rented property. Damage to fixtures and fittings and missing floorboards can be shown in a photograph, whereas a lack of heating may require a different type of evidence. 

Speak to a solicitor, or housing advisor, to find out the best way to demonstrate issues which may not be as visible as damp, mould, or broken items in the home.

How much compensation can I get for a housing disrepair claim?

The amount of compensation you are entitled to is calculated based on the amount of rent you have paid to the landlord, whilst living in a property that is in disrepair. If the home is ruled uninhabitable, you may be entitled to a refund of 100% of your rent — however, this is very rare. Typically, you may be awarded 25% to 50% of your rent, depending on the severity of the disrepair. 

If my house is in disrepair, should I stop paying rent?

It may seem unfair, but even if your landlord is refusing to carry out essential repairs, you are still legally obliged to pay your rent under the terms of your housing contract (unless otherwise specified). Withholding your rent puts you at risk of eviction, and may also weaken your case if you choose to make a claim for compensation due to the housing disrepair. Rather than withholding rent, we recommend speaking to a housing advisor, solicitor, or your local authority, if you are living in a council-owned property.

How do I go about making a claim for housing disrepair?

If you think you might have a claim against your landlord for disrepair, contact Anthony Gold and speak to a member of our expert team. We may be able to take on your case under a no-win, no-fee agreement.

* Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*