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How to Make a Housing Disrepair Claim
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Are You Eligible for a Housing Disrepair Claim?
As a tenant living within a council house or housing association property you have are entitled to live in safe and properly maintained surroundings. If you have already reported any of the common types of disrepair conditions below to your landlord and they have failed to carry out repairs, we can make them complete the repairs and also claim compensation.
Above all, if you have suffered the personal effects of this negligence, whether it is your personal, physical or mental health, you have every right to make a claim. From stress, lack of sleep or personal injuries, you can claim compensation to cover your rent payments, medical bills or time off work.
The landlord’s obligations are set out under several pieces of legislations, namely, the Landlord and Tenant Act (LTA) 1985, which applies to tenancies entered into after 1961. In summary, section 11 ensures the landlord will:
What Housing Disrepairs You Can Claim For?
- Rats and infestation
- Plumbing problems
- Broken boilers
- Too hot or too cold
- Broken fixtures
- Lack of electricity
- Cracks in walls and subsidence
- Water leaks and toilet problems
- Broken appliances e.g refrigerators
- Excessive noise
- Unpleasant smells
- Toxic chemicals
Structural and Exterior Repairs
Keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes
The Instillations In The Dwelling
Keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation
The space heating and heating water
Keep in repair and proper working order the installation in the dwelling for space heating and heating water
Refusing to fix repairs for the property
If your landlord refuses to fix the property, you can force them to do the works and claim compensation.
What Does Housing Disrepair Claims Include?
Your claim can include any damage to your belongings, damp, mould, cracks, leaks, personal injury or inconvenience caused to you.
- Damage to belongings – you can include the value of this damage in your claim for compensation. Examples of this can include mould-affected clothing and bedding, carpets ruined by a leak or electrical appliances damaged by electrical problems. Compensation for damage to belongings will only cover the cost to you of repairing or replacing the damaged goods. This would mean that you may get less than the cost of the item new, as you would be expected to buy second hand items to replace them. You would need evidence such as photographs, and receipts to show you have had to purchase a replacement or repair the item or items.
- Personal injury – you can claim for any ill health that the disrepair has caused yourself or anyone who is living within the property. The amount of compensation you receive will depend on a number of factors, including the severity of your illness and how long it has lasted. You will also be able to recover any financial losses you have incurred as a result of your illness such as lost earnings.
- Any inconvenience – that you have been caused by the disrepair that can either be a miscellaneous cash sum or a partial rebate of your rent for the affected property during the period of disrepair. For example, if you are unable to sleep in your bedroom due to severe mould and damp, you can claim for the effect this had on your ability to use your home.
We are highly experienced in helping people who have suffered because of failures on the part of their landlord, especially against local councils and housing associations.
We understand that making a claim against your landlord may appear daunting at first, but we are here to make sure the process remains as straightforward and stress-free as possible. We will guide you through the entire process, providing the assistance you require every step of the way.
We assess all housing disrepair claims free of charge. We determine how successful a claim could be without you spending a penny! If we believe you have a good case we will act for you on a no win no fee basis. This amount will never exceed 25% of your total compensation. However, the main things is that we will ensure all repairs are carried out by your landlord and we do not deduct anything from the cost of repairs
Complete an enquiry on Clear Law LLP’s housing website
* Data from settled cases between January 2021 and April 2021
Forces Compare has partnered with Clear Law LLP to offer its clients the opportunity to get help with the disrepair in their property.
Clear Law LLP is a Solicitors Firm and is Registered in England & Wales under company number: 0C308339.
Clear Law LLP is authorised and regulated by the Solicitors Regulation Authority under SRA number 403088
The amount of compensation you will receive depends on the severity of the disrepair, how long the disrepair has been present and the effect on you as an individual.
Housing Disrepair Claims - FAQs
What is Classed as Disrepair?
Housing disrepair refers to any rented accommodation that you stayed in that deteriorated or was negatively damaged during the time you lodged there. If you continued to pay rent but found that basic things were not being repaired or fixed, you may be eligible for a claim against your landlord. This includes mould, leaks, subsidence, excessive heat or cold, bad smells, toxic chemicals, vermin infestations, poor ventilation, no running water, damp and more.
Is Mould Classed as Disrepair?
Yes, mould is certainly classed as disrepair since this can be hazardous to any individuals living in the premises. This includes other variations such as damp, leaks, rot and bad odours. Not only should this be removed or repaired, your claim will be even stronger if you have suffered personal damages as a result.
What Kind of Households Are Eligible?
Any rented accommodation could give you the right to claim compensation against your landlord, including homes, flats, maisonettes, student accommodation, Airbnbs, social housing and more.
How Long Does it Take To Make a Housing Repair Claim and Hear a Result?
Making a housing repair claim with Forces Compare can be completed in 5-10 minutes, just make sure that you have information including the property address, name of the landlord and their company, details for the repairs and the dates that this took place.
We aim to process claims as quickly as possible, with most enquiries resolved within a few weeks or months, although this could take longer if you are making a large claim.
How Much Could I Receive From a Housing Disrepair Claim?
The average compensation we have generated so far per customer is £1,395, but this could be lower or significantly higher depending on the size of the repair, the negative impact that it had to you and how long it went on for. It would not be unusual to see a housing disrepair claim worth £10,000, £20,000 or £50,000.
Does Forces Compare Work on a No Win, No Fee Basis?
Yes, Forces Compare operate purely on a no win, no fee basis, so we will only charge a small fee if your housing disrepair compensation is awarded. You are always welcome to process this claim directly with your landlord and doing so will be free.
However, the benefit of working with Forces Compare is that we can present the information in the right way – so that it is legally binding and more likely to result in a desirable outcome.
Will I Have To Take My Landlord To Court?
We appreciate that coming face-to-face with your landlord in court may not be ideal, but this may not happen. Often, putting pressure on the landlord can result in a settlement which is quick, fast and court-free.
Can I Sue My Landlord for Disrepair?
Yes, you can sue your landlord for disrepair and receive a settlement for any personal injuries or damage that it caused you. As a paying tenant, you are entitled to a certain level of standards, including the repairs of any fixtures or fittings that could be dangerous or negatively impact your health.
If these have not been resolved and you have suffered the consequences, you have a viable claim against your landlord. For free, impartial and professional advice, simply make an enquire with Forces Compare using the button below.