Housing disrepair claims arise when a tenant has reported a disrepair issue to their landlord and given them time to fix it, but the landlord has failed to do so. Whether or not a particular issue gives rise to a housing disrepair claim depends on the terms of your Tenancy Agreement and the relevant statutes. If it does, you may be able to force the landlord to carry out the remedial work and claim compensation from them.

At Bartlett’s, we are recognised experts in housing disrepair claims. With decades of experience in assisting clients in pursuing claims against their landlords, we offer first class legal advice with a personal touch. We strive to resolve housing disrepair claims as quickly and cost-efficiently as possible to restore peace and comfort to your home life and secure the compensation you deserve.

To speak to our property experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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What Types Of Issues Can Give Rise To A Housing Disrepair Claim?

Your landlord’s repairing obligations will be set out in the terms of your Tenancy Agreement, so that will be your starting point when establishing your eligibility to make a housing disrepair claim. In addition to their contractual obligations under that agreement, landlords have various statutory repair obligations. These obligations render your landlord responsible for undertaking numerous repairs, including the following:

• Water and gas pipes
• Water tanks
• Boilers
• Radiators
• Fitted heaters
• Sinks
• Baths
• Toilets
• Pipework
• Walls
• Roof
• Drains
• Foundations
• Windows
• External doors.

How Do Housing Disrepair Caims Work?

Housing disrepair claims must follow the Pre-Action Protocol for Housing Conditions Claims (England), which is a set of rules the parties to a dispute must adhere to before they resort to litigation. Examples of the steps the tenant must take under the protocol include the following:

• Sending a letter of claim to the landlord setting out various details, including the nature of the defects and any attempts to rectify them.
• Exploring alternative dispute resolution methods, such as mediation.
• Considering whether expert evidence is necessary.

Many housing disrepair claims settle before trial, with some being resolved before the tenant even issues Court proceedings. If your landlord settles the claim without litigation in circumstances that would have warranted you bringing a claim, they are responsible for paying your reasonable legal costs.

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What Compensation Is Awarded In Housing Repair Claims?

The compensation awarded in housing disrepair claims depends on the severity of the issue and its effects. It is often comprised of the following amounts:

• Compensation For Pain, Suffering, And Loss Of Amenity.

This compensation award is intended to compensate you for the distress and inconvenience caused by being forced to live in a substandard home. The amount due is usually calculated in accordance with the rent you pay for the property, with you receiving a percentage of the rent you have paid for the property during the period of disrepair. The more severe the disrepairs, the higher the percentage of rent you will be entitled to. Crucially, it does not matter if you do not pay your own rent since it is only used as a framework for calculating the appropriate compensation.

• Compensation For Damaged Belongings.

If your personal belongings, such as clothes or handbags, have been damaged by the disrepair, for example, a leaking roof or mould, you may be entitled to claim compensation for your loss. You will not usually receive the full value of the item, but simply an amount to reflect the fact that you can no longer use it.

• Out Of Pocket Expenses.

If the disrepair has caused you to incur additional expense, you are entitled to compensation for those expenses. For example, if you had to use your central heating more than you should have because of draughty windows that your landlord failed to replace, you can include the value of the additional bills in your compensation claim.

Our housing disrepairs solicitors will review the circumstances of your case and the evidence and advise you on the approximate amount of compensation you can expect.

How Can Our Housing Disrepair Claims Solicitors Help?

Our housing disrepair solicitors regularly pursue housing disrepair claims for our clients, with excellent results. We are committed to making the claims process as stress-free as possible for you by providing first-class legal advice you can trust and offering support and guidance every step of the way. We always seek the least acrimonious method of dispute resolution appropriate in the circumstances, with a view to avoiding lengthy Court proceedings and keeping your costs to a minimum. Our clients frequently comment on our solicitors’ ‘excellent communication’ and ‘congenial’ manner whilst also noting our ‘professionalism’ and ‘tenacity’.

To speak to our property experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

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