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.
