A housing disrepair claim can be initiated when a tenant reports issues with their home to the landlord. Allowing the landlord sufficient time to carry out the necessary repairs is essential. However, if the landlord fails to fulfil their obligation to make the required repairs, you can file a housing disrepair claim to seek compensation.
If you live in a council home, social housing, or a housing association property. In that case, your landlord is responsible for ensuring that your accommodation is suitable for human habitation and functioning correctly. The landlord must maintain a reasonable standard of living by addressing property deterioration and necessary repairs to ensure a safe and habitable living environment.
When a property is in disrepair, the required repairs are not deemed safe and suitable for living. This situation commonly arises in rented homes and other types of rented accommodations.
If your landlord refuses to address the necessary repairs they are responsible for, you may have grounds to claim them. To be eligible for a claim, you must have notified your landlord about the disrepair and be able to provide supporting evidence. We can help you throughout this process. if your landlord has failed to complete the required repair within a reasonable timeframe, you can proceed with your claim.
Housing disrepair claims can be made while you are still a tenant or after your tenancy has ended. However, making a claim within six years from the date you informed your landlord about the disrepair is essential.
It is worth noting that your landlord may not be liable for repairs if they result from your failure to maintain the property correctly or if you have acted unreasonably. As a general guideline, we currently do not accept claims against private landlords.
We had been waiting for 12 months for the damp to be repaired by the council but got nowhere. We were told by a friend that this company could help and within 6 months we received compensation for damages & all the damp and mould was removed.
Council Tenant
My flat was repaired in time for my child’s birth and I received rent refunds and compensation. The team were very helpful and understanding of my dangerous situation.
Council Tenant
Couldn’t leave any clothes in any of the bedrooms due to dampness and mould, our clothes, possessions & electronics were ruined and not to mention the huge amounts
Housing Association Tenant
As part of their duty to ensure that your property is safe and liveable, landlords are always responsible for repairs in a reasonable period of time to the following:
Your landlord cannot charge you for any of the repair work listed above and they are responsible for these repairs irrespective of what your tenancy agreement says. However, if your landlord agrees they may also be responsible for additional repairs too, this depends on your tenancy agreement. If you’re looking for advice contact our team today on 0161 818 8762
If your landlord refuses to make repairs to your property that they are responsible for then you may be able to make a claim against them.
To be eligible to make a claim you must have informed your landlord about the disrepair, you will need to provide evidence and we can assist you with this process. If your landlord has failed to make a repair within reasonable time limits then you can claim against them.
Housing disrepair claims can be made either during your tenancy or after your tenancy, however, you must make the claim within 6 years of the date that you provided notice to your landlord about the disrepair. Personal injury claims must be made within 3 years of received notice.
It’s important to note that your landlord may not be responsible for repairs including repair faults if they are a result of you either not taking care of the property properly or doing something unreasonable. We currently do not accept private landlord claims, as a rule of thumb if you have used a letting agent or your landlord is an individual we may not be able to assist you.
............Services............
When you make a disrepair claim the court can order your landlord to carry out the repairs. As well as this, you can also be awarded compensation for several reasons, including:
Damage to belongings – compensation for any belongings that have been damaged or destroyed as a result of the poor condition of the property. You can also claim for damage to belongings that were caused during repairs that your landlord made.
Financial loss – If you have suffered financial loss as a result of your landlord failing to carry out repairs then you can claim for this. Note if you are in rent arrears this will impact your outcome.
Personal injury – If you have been injured as a result of your landlord’s negligence then you could make a personal injury claim. This could include respiratory problems as a result of damp or mould, injuries as a result of slipping or tripping hazards, carbon monoxide poisoning and other types of injuries. We can assist you with medical reports, expert evidence and court action proceedings.
Inconvenience –compensation for inconveniences such as general disruption to your daily life, not being able to use your home or having to wait for repairs to be carried out.
We currently specialise in claims against your local council, local authority, social housing & housing associations, unfortunately we can not accept claims from tenants against private landlords
The process of making a claim against your landlord is difficult, which is why you will need the help of a legal expert. If you wish to make a claim then the first thing that you should do is speak with a professional about your situation to find out whether your case meets the criteria for a claim.
Before you can make a claim, you must follow the Pre-Action Protocol for Housing Conditions Claims. The pre-action protocol outlines a number of steps that you must follow before you can make your claim. If you fail to follow these steps then you could face sanctions at a later point during proceedings. The steps include attempting to find an Alternative Dispute Resolution, submitting a letter of claim to your landlord and requesting necessary documents from your landlord.
If your landlord fails to respond you your letter of claim or the response is not satisfactory then you can issue proceedings by applying to the county court.
We know that living with housing disrepair can be a stressful and frustrating experience that can put the health and safety of you and your family at risk, that’s why we are here to support you. Our team of lawyers specialise in housing law and are experts when it comes to dealing with disrepair cases as well as personal injury claims. With their expertise, you can get the help and compensation that you deserve.
Housing disrepair cases are very complex, this is why it is highly recommended that you seek the assistance of a legal professional to help you with your case. As specialist housing disrepair lawyers, we know exactly what it takes to make a successful claim based on the repair issues.
We can do an initial assessment of your case to find out the details and determine whether you are eligible to make a housing disrepair claim. From here we can provide you with reliable legal advice about what your next steps should be. If you decide that you would like to go ahead with your claim then our team will assist you throughout the process, this includes ensuring that you follow the pre-action protocol, submitting your claim, helping you to gather all of the required evidence and representing you at your hearing.
Our solicitors will be there for you throughout the entire process. For more information about the services that we offer, contact our team today on 0161 818 8762
Filing a claim can be a costly process. Depending on the severity of your case you could be entitled to Legal Aid to help you with these costs, however, Legal Aid funding is only available in cases where there is a serious risk to the health and safety of the tenants living in the property.
If Legal Aid is not available then you will need to cover the costs yourself, the cost varies depending on the court route you take. There are three court routes available, they are known as small claims, fast track and multi-track.
If your claim for compensation is under £10,000 then your case could be heard in small claims court. However, if you are seeking an order for repairs to be made then the case can only be heard in small claims if the cost of repair work is under £1000 and the damages are under £1000. If your case is not eligible for small claims then it will usually be allocated to the fast-track court.
If you win your case then your landlord can be ordered to cover your costs for you.
Court proceedings & fees can vary from case to case, our lawyers can tell you more about the fees that you will need to pay, call us on 0161 818 8762 to claim today.
It doesn’t matter whether your landlord is the local authority council or a housing association, if they fail to uphold their responsibility of ensuring that you are safe and comfortable in your home then you can sue them because of your poor living conditions which include damages for personal injury and we would generally look to file a personal injury claim at the same time.
Our housing disrepair lawyers believe that everyone should be able to access reliable and professional assistance with their housing disrepair issues, this is why we work on a no-win, no-fee basis however we can not assist you if you are a private tenant, you still have rights and we would advise you to review the tenant act before you instruct legal action or seek advice from a firm that caters for private tenants with the legal costs covered on a no win no fee basis.
This means that if you lose your case, you won’t be charged legal costs for our services. You won’t need to pay any up-front costs, instead, if your case is successful the payment will simply be deducted from the compensation that you receive. A ‘no win no fee basis, is formally known as a conditional fee agreement. We are regulated by the solicitors regulation authority, we are not middlemen nor are we a claims management company so by working with us directly you will receive the best possible service.
Our solicitors will be there for you throughout the entire process. For more information about the services that we offer, contact our team today on 0161 818 8762
The compensation awarded for housing disrepair claims varies from case to case. Compensation is calculated based on several factors including:
In some cases, if your property is completely uninhabitable, you could be awarded 100% of the cost of your rent for the duration of time that the issue has persisted, however, this is unusual. Generally, you can expect to receive between 25% to 50% of your rent in compensation.
