As a tenant or leaseholder whose landlord has failed to carry out repairs which you’d previously notified them about, you may be entitled to housing disrepair compensation.

The level of housing disrepair compensation depends on a number of different factors and this blog is designed to give you an idea of how your claim may be calculated.

Calculating Your Housing Disrepair Compensation Claim.

You can make a claim for 3 things:

• An order requiring your landlord to complete the repairs
• Compensation
• Your legal costs

Housing Disrepair Claims

There are two types of damage you can base a housing disrepair claim on – general damages and special damages.

General Damages

These are claims for inconvenience that has been caused by living in a property in disrepair or from having to leave your home due to the disrepair.

The amount of compensation depends on the severity and type of disrepair, and you would need to provide evidence of the following:

• The repairs are your landlord’s responsibility, as stated in your tenancy agreement or by the law
• The date you notified your landlord of the disrepair
• That you have given your landlord reasonable time to complete the repairs, which is usually 4-8 weeks
• That the repairs have caused you inconvenience

Housing Disrepair Compensation Calculator

Your level of compensation would be calculated by establishing the number of months you have spent living in disrepair and multiplying this by the monthly rent you pay.

This sum would then be used to calculate the repayable amount, based on the level of inconvenience suffered – for example, if you’ve been renting a 4-bedroom property and 2 of the bedrooms have been damp then the inconvenience level would likely be set at up to 50%, whereas if your property has been uninhabitable but you’ve been living there anyway you could receive compensation set at 100% inconvenience.

Special Damages

These are claims for monetary losses caused by the disrepair, such as for damaged belongings or for extra expenses you’ve incurred due to the disrepair.

The amount of compensation depends on the amount of monetary loss you’ve incurred, and you would need to provide evidence of the following:

• A survey report that details the repairs your landlord is legally responsible for
• That you’ve complained of these repairs and given your landlord a reasonable period of time, approximately 4-8 weeks, to complete the tasks
• Receipts and photographs of the losses
• That your losses were directly caused by the repairs
• That your expenses are reasonable and you’ve kept losses to a minimum

How Your Compensation Is Calculated

Usually, you are not given the replacement value for an item, but rather a sum is calculated that reflects by how much the item’s expected lifespan has been cut short.

How We Can Help You Make A Housing Disrepair Claim

Our specialist solicitors at Bartletts treat every client and every claim individually, and would ensure we fully understand the details of your particular housing disrepair situation in order to establish the level of compensation you’re entitled to.

We will then be able to advise you on what evidence you need to provide in order to support your claim. Working closely with you and assisting you with your claim at every stage of the process, we will help you achieve the best possible outcome.

To speak to one of our specialist solicitors about making a housing disrepair claim, contact us on 0800 988 3674 or 01244 405 399 or complete a Free Online Claim Enquiry.

Make A Free Housing Disrepair Compensation Enquiry Now

A local family who suffered for more than 3 years because of unfit housing conditions have been awarded compensation after making a claim with the help of Bartletts Solicitors in Chester.

The housing disrepair case was brought to the specialist team at Bartletts Chester who worked hard to secure the compensation for all five family members – mum, dad, and 3 children.

The family were tenants in rented accommodation owned by a local housing association. Despite making complaints for 3 years about the damp, unfit living conditions of the property, the landlord took no action to remedy the problems until Bartletts Chester got involved.

The entire house was affected by mould because of the damp conditions, and one child moved out to live with their grandparents as the mould in their bedroom was unbearable. As a result of the damp, the remaining family members were ill on and off for the 3 years, and their possessions, including furniture and clothing, were badly affected by the damp too.

The dad, a health and safety officer, and mum, the couple’s disabled child’s carer, got in touch with the personal injury lawyers at Bartletts Chester who were able to prove that the significant coughs, colds and respiratory problems all the family members had been suffering from during the 3 years were over and above the usual seasonal illnesses.

A claim was made on the family’s behalf for the loss of use and inconvenience of living in unfit housing conditions, which is calculated as a percentage reimbursement of the rent per calendar month, plus for damaged possessions, and for the illness suffered by each family member over the years.

In total, dad was awarded £6,000, mum £1,750, the 2 children still living at home £1,100, and the child who had moved out received £400 in compensation.

As soon as the repair works were carried out at the house, the family stopped suffering from the illnesses caused by damp housing.

This was an interesting case as housing repair law recently changed following the implementation of the new Housing Act 2018 from March 2020. The change in law has opened up claims for tenants who may have previously struggled to secure compensation for issues such as condensation problems – before, condensation was deemed to be the tenant’s fault but now it is judged on a per-case basis and is often seen as being caused by the landlord failing to insulate the property properly.

If you have suffered as a result of housing disrepair speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk

Your landlord has a legal duty to ensure the property you live in is in a good condition, structurally sound and with a comfortable interior – if this has not been your experience then it is vital you give your landlord notice of the disrepair at the time, in case you want to make a housing disrepair claim at a later date.

Notice Of Disrepair

Any disrepair issue with your rented home must be brought to the attention of your landlord and then a reasonable amount of time allowed for your landlord to make the repairs.

If your landlord has had both notice of the disrepair and a realistic amount of time to carry out repairs but has failed to rectify the issue, then you will likely be able to make a claim for housing disrepair compensation.

Why Does Notice Matter?

Without notice, your landlord could simply agree to carry out the necessary repairs but not compensate you for the discomfort, inconvenience and upset the disrepair has caused you whilst you’ve lived at the property.

How Should You Give Notice?

When you give notice of disrepair to your landlord, keep in mind that you’ll need evidence of notice if you decide to make a housing disrepair claim later on.

Telling your landlord about the issue over the phone can be hard to prove if your landlord doesn’t keep a record of this conversation or denies it happened.

Always give notice in writing – via email is best as this will give you a written record of the date and time and details of the complaint.

Do You Need To Report All Disrepair?

Ideally, yes – telling your landlord about every housing disrepair means you can prove ample notice was given and he or she failed to take action.

However, there is no need to report any disrepair issues to the exterior of the property – as your landlord does not need to enter the property to discover this disrepair, no notice is required. Although if the external issue is affecting something on the inside of the property, you should report the disrepair.

If your landlord inspects your property and the disrepair is visible to the naked eye then this is considered as constructive notice. However, this is risky as your landlord may deny the issue was visible and state that notice hadn’t in fact been given.

Therefore, it is advisable to always have a written record of giving your landlord notice of disrepair as this will prove essential evidence should you decide to make a claim at a later date.

How We Can Help You With Housing Disrepair Claims

We have a team of professional, friendly property solicitors who are experienced at handling a range of housing disrepair claims and ensuring clients experience a stress-free claims process and the maximum compensation they’re entitled to.

Compensation is calculated based on a number of different factors, including the time from the date a reasonable landlord could have carried out the repairs after receiving notice – so it’s important to remember to always give your landlord written notice of the disrepair in your home.

We will assist you at every stage of the claims process and ensure you receive compensation for the distress, damage and inconvenience caused by the housing disrepair.

To speak to one of our specialist solicitors about housing disrepair, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

Many people are unaware of their rights when they rent and just what landlords are required to do by law when it comes to housing standards.

It is important you know your rights as a tenant and know you don’t have to put up with living in a rented property that is in need of repairs or that has fallen into disrepair and remained in this state for some time.

If you’re renting property and your landlord has failed to take the necessary action to remedy the faults after a reasonable amount of time, you may be eligible to claim housing disrepair compensation.

What Is Housing Disrepair?

Housing disrepair usually means a rented property that is in need of repair and is considered unsuitable for tenants to live in as a result.

What Is A Housing Disrepair Claim?

This is a claim for compensation that a tenant makes against their landlord because their landlord has failed to fix the problems with the property or remedy the disrepair.

If your landlord has been notified of the issues and been given plenty of time to make the necessary repairs but hasn’t, then making a claim is a step you are entitled to take. After all, living in a property that has fallen into disrepair or that needs fixing can be damaging to your health or put your life in danger – which is why it’s important to make a housing disrepair claim if this is the case.

Examples Of Housing Disrepair Claims

If a landlord refuses to fix repairs or take action should a property fall into disrepair, a tenant has the right to take legal action and make a housing disrepair claim for compensation.

Common causes of housing disrepair claims include:

• Structural issues
• Pest and vermin problems
• Damp and mould
• No central heating or faulty central heating system
• Gas or water leaks
• Broken windows, doors or gates

What Is The Law On Housing Disrepair?

Your landlord should repair any damage or disrepair to your rented home within a reasonable time frame and is legally obliged to maintain the structure of the property to a good standard. This applies to all landlords, whether private or social housing landlords.

According to the Landlord and Tenant Act 1985, landlords have numerous responsibilities and obligations to the tenant – and this applies to all tenancies entered into after 1961 and still applies whether you have a tenancy agreement or not.

As a guide, landlords must ensure the property:

• Meets fire safety regulations
• Has a working, maintained central heating system and wiring
• Has sufficient security
• Has no mould or damp
• Internally is kept in good repair, including gas, electricity, water and sanitation systems
• Has a well-kept roof
• Externally is kept in good repair

Can You Make A Housing Disrepair Claim?

If you can prove the disrepair was preventable and the damage was avoidable, you may be eligible to make a claim.

You need to prove your landlord knew of your property’s state of disrepair either because you notified them repeatedly, or because your landlord should have known that the property needed maintenance and repair. Plus, you need to prove your landlord knowingly took no action to remedy the disrepair and failed to fulfil their legal duties to you as tenant.

Show those two things and you can likely make a housing disrepair claim for compensation.

Should You Claim Against Your Landlord?

Usually in the UK, housing disrepair claims are made against landlords as liability usually falls on them. Sometimes, however, the liability falls on the party responsible for managing the property – such as a property management firm or leasing agency – and your claim for compensation would be made against this party as well as against your landlord in this case.

How Much Notice Do You Have To Give Your Landlord?

You must ensure you notify your landlord via email, text message, in person or by letter, at least 21 days before making a housing disrepair claim.

We advise you notify your landlord by email or text message as both options provide you with evidence of the date and time you notified your landlord.

If your landlord responds to your notification, you need to allow them a reasonable amount of time to make the repairs. If they fail to do so after a reasonable time frame, you can make a compensation claim.

What Will A Housing Disrepair Solicitor Do?

A housing disrepair solicitor will gather and assess evidence before consulting with doctors and professional building inspectors to establish extent of liability and the level of compensation you may be owed. Your solicitor will also represent you and support you throughout the claims process to ensure the best possible outcome for your case.

As a guide, housing disrepair solicitors will gather and assess:

• Physical evidence such as photos of the disrepair
• Emails and texts showing notifications to the landlord
• Information from other tenants
• The property itself

What Can You Claim Compensation For?

Every housing disrepair case is different and assessed on an individual basis. The level of compensation you can claim for will depend on your experience and whether the property disrepair has caused you health and wellbeing problems and led to medical costs and suffering.

Compensation claims for housing disrepair may include for:

• Personal injury or health issues
• Related medical expenses and personal suffering
• Damage to belongings
• Inconvenience

How Much Can You Claim Compensation For?

This depends on the severity of the problems you have faced and how they have affected you, as well as other factors such as the date you first notified your landlord and the amount of evidence you have against your landlord.

How We Can Help You Make A Housing Disrepair Claim

If you’ve suffered because your landlord has failed to fulfil their legal obligations to fix repairs or remedy disrepair on your rented home, you should consider making a claim for compensation.

Our housing disrepair solicitors have the experience and friendly approach to ensure you will be supported at every step of the way. We will guide you throughout the claims process to keep stress to a minimum and make sure you receive the compensation you deserve.

For advice on making a housing disrepair claim or to discuss your current housing situation with one of our specialist solicitors, contact us on 0800 988 3674 or Chester 01244 405 399 or via email on advice@bartletts.co.uk